ARD in PA with a NY liscense

[use2brew]

What is the name of your state?

New York State

I posted this earlier, but nowbody responded. I'll try it again.

I guess the main question is "Is ARD a DUI conviction in PA?"

I am accepting the Accelerated Rehabilitative Disposition (ARD) for a DUI(2) in PA. I am a liscensed driver in NY. PA makes you pay a fine and suspends your liscense for 1 month.

NYS DMV says that if you are "convicted" of a DUI in another state, they revoke your liscense for 3 months. I am told ARD is not a DUI conviction.

Will NY DMV suspend my liscense? How long? 1 month? 3 month revocation?

 

[Bravo8]

ARD is considered a conviction in Pennsylvania, however each state has it's own rules on convictions from other states.

 

[use2brew]

This is not what I am told

I'm told it's a pre-trial disposition, and not a conviction. Once you complete the program, your record is expunged.

I'm told there is a difference. It may effect what happens to my liscens in NY.

I do understand there is a suspension. But again, I'm told not a conviction.

 

[hockeygirl8585]

Ard

What was your sentence w/ ARD and how did you get it? Did you need a lawyer? I still have yet to receive notification about anything in the mail but i got pulled over for this on Thurs. Also, what was you Blood Alcohol Level? It's my first offense and I have absolutely no criminal record or traffic violations or anything so I'm wondering if I qualify...

 

[hockeygirl8585]

ARD contd

Hey also to answer your ? ARD isn't a conviction.. here http://www.familylawyerservice.com/ard.htm

 

[hockeygirl8585]

by the way will your insurance still go up w/ ARD

 

[hockeygirl8585]

?

Anyone know?

 

[use2brew]

Here's what I know so far

I did hire a lawyer. I wouldn't say I recommend it though, since he did nothing once I was in the ARD program. I only hired him b/c I thought I would challenge it. But in the end, I didn't, and I didn't need the lawyer to get throught ARD. I would only recommend one if you are from out of state, so he can coordinate things.

If you haven't had a DUI in the last 10 years, you are eligible for ARD.

Yes, plan on your insurance going up.

 

[Bravo8]

Hey also to answer your ? ARD isn't a conviction.. here http://www.familylawyerservice.com/ard.htm

I realize what that site says is contrary to my response, but I stand by my statement that it is in fact a conviction. To accept ARD, you will plead guilty. The conviction will be entered upon your criminal history, regardless of your intention to have the record expunged.

One could argue that once your record is expunged, it's no longer a "conviction", but I think that's just splitting hairs.

 

[FlynnJ25]

I don't think it counts as a conviction so long as you complete the program according to this page http://www.duiarresthelp.com/dui-ard-program.php

and if it doesn't count as a conviction then it shouldn't effect your insurance, right?

anyone have any clarification on this?

 

[paguy88]

I realize what that site says is contrary to my response, but I stand by my statement that it is in fact a conviction. To accept ARD, you will plead guilty. The conviction will be entered upon your criminal history, regardless of your intention to have the record expunged.

One could argue that once your record is expunged, it's no longer a "conviction", but I think that's just splitting hairs.

dude YOU DO NOT KNOW WHAT YOU ARE TALKING ABOUT....

it is not a conviction.. why do it if it is? you record get expunged at the end of it... now get a second dui again in 10 years and it will be treated as a second dui however that is part of the plea deal....

YOU plead NOT GULITY.... DA HOLD ON CHARGING YOU WHILE YOU GO THRU THE ARD PROGRAM... you get probation.. (every county in PA has its own rules...

the arrignment is nto even in front of a judge in my county is just a paper work process...

NOT GUILY PLEA--- finsh program and get it expunged...


as for insurace.... there are all kinds of variables with insurace... will they catch it? who knows even if they look @ ur drivers record most only check them once wevery 3 years... they could totally miss it...

1/3 of dui convictions dont get caught by insurance companies...

my advice on insurace is DONT switch who you have for atleast three years and PAY IT ON TIME.. dont give them any reasons to look at your drivers record.

 

[pie8ter1]

ARD does not result in conviction.

A conviction record CANNOT be expunged in PA. This is why it's called ARD. It leaves no record. I went through this ARD program and my DUI record was expunged. If I do a background check, it comes up as "no record".

Now the DMV is totally different beast. They are considered as a civil entity and separate from the cirminal court. Even if the criminal court drops the charges, the DMV can, for the most part, suspend your license. This is a total BS. Ironically, it's the criminal court that notified the DMV of the DUI arrest.

Read this case from PA (MMM v. PennDot). PennDot claimed that it is separate from criminal courts and is not bound by court orders. But the PA suprior court didn't agree. You have to read the above mentioned case. After MMM v. PennDOT, PA enacted new laws that addressed this issue.

 

[FlyingRon]

ARD is considered a conviction in Pennsylvania, however each state has it's own rules on convictions from other states.

No, it isn't. It will however be noted on your record and have an effect on subsequent convictions.

 

[paguy88]

ARD does not result in conviction.

A conviction record CANNOT be expunged in PA. This is why it's called ARD. It leaves no record. I went through this ARD program and my DUI record was expunged. If I do a background check, it comes up as "no record".

Now the DMV is totally different beast. They are considered as a civil entity and separate from the cirminal court. Even if the criminal court drops the charges, the DMV can, for the most part, suspend your license. This is a total BS. Ironically, it's the criminal court that notified the DMV of the DUI arrest.

Read this case from PA (MMM v. PennDot). PennDot claimed that it is separate from criminal courts and is not bound by court orders. But the PA suprior court didn't agree. You have to read the above mentioned case. After MMM v. PennDOT, PA enacted new laws that addressed this issue.

hey did you lose your license any longer than what the court ordered in my county if you bac is below .10 you dont lose it if its between .10 and .16 30 days over .16 60... from what I have been told that is all you lose your license for...