• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

ARD or Charges dismissed

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

john5187

Junior Member
What is the name of your state (only U.S. law)?

I'm currently in the court process for a first time dui. My BAC was .21 but the stop was bogus as I was not driving at the time I was arrested (my car was a quarter mile away). Rather the officer testified that he saw me driving and also has a witness who said they saw me. I'm at a fork in the road as to whether I should accept ARD or try to have the case dismissed. I'd really appreciate anybody's feedback.
 


donkort

Member
Consult with Attorney - Probably Accept ARD

I would consult with an attorney.

However, under most scenarios, I would accept ARD. Your record would be eligible for expungement after the ARD period is over (you would have to make sure you know the procedure for expungement, though, as they expunge automatically, I believe).

However, if you pick up a 2nd DUI within 10 years, the ARD'd DUI would count as a DUI, like it wasn't expunged at all.
 

FlyingRon

Senior Member
If your entire case rests on the fact the cop pulled you over on a witness statement, take the ARD (if they are offering) That's enough probable cause to pull you over. .21 is severely intoxicated. It's in the PA extreme DUI.
 

irish77

Member
Ard

choose ARD. you'll lose the case. my sister was the higher tier and got ARD because it's more about the first offender situation. believe me.
 

paguy88

Member
my experence is life is about risk.... in everything we do. ask yourself this. are you willing to take the risk should you lose you would have a criminal record for life. on every job application you would have to mark on it when ask if convited of a crime yes. Criminal background checks would show a convition.

The other option is ARD. you will pay some fines... do some classes get a 60 day DL suspension but in the end you will have the charge expunged and no criminal record and can mark no when ask if convited of a crime.

It's all about what you want too do. No one can say what will happen only offer opinions. the choice is yours in the end.
 
my experence is life is about risk.... in everything we do. ask yourself this. are you willing to take the risk should you lose you would have a criminal record for life. on every job application you would have to mark on it when ask if convited of a crime yes. Criminal background checks would show a convition.

The other option is ARD. you will pay some fines... do some classes get a 60 day DL suspension but in the end you will have the charge expunged and no criminal record and can mark no when ask if convited of a crime.

It's all about what you want too do. No one can say what will happen only offer opinions. the choice is yours in the end.
On the other side of the coin is the fact that if you're accused of another crime before the ARD program is completed then you may get less leniency. It's all too often that someone pleas out on a charge that they claim they didn't commit only to get another charge in a short period of time. Then the state comes down hard on them because they're considered a repeat offender even if they never actually committed the first crime.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top