What happens if I violate before it started?

Q: I was pulled over and received a simple possession charge a week before my introduction to the ARD program for a previous DUI charge. What’s the best course of action from here? (Peters Twp., PA)

A: You need to get the simple possession charge withdrawn or reduced to a summary offense at the District Justice level. If that is not possible you should try for a Probation Without Verdict (PWV) disposition at the trial level. It is still possible that the DA will revoke your ARD. I would talk to your lawyer immediately so he or she can check what the current DA policy is on this. The last time I had a client in this situation, the rule was that you could have a prior PWV and get ARD, but you could not have a prior ARD and get PWV.

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.