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05-14-2007, 11:09 AM
| | Junior Member | | Join Date: May 2007
Posts: 19
| | | ARD Program twice?
What is the name of your state? Pennsylvania
I was in the ARD program around 2000/2001 and completed the program and had it expunged by a lawyer in 2002/2003.
My question is, with my record expunged, will I be eligible for a second ARD program in 2007?
This is in different counties in Pennsylvania (1st ARD program was issued in Norristown, PA. Second may potentially be issued in Philadelphia) |
05-14-2007, 12:34 PM
| | Junior Member | | Join Date: Apr 2007
Posts: 5
| | | My understanding of the Pa ARD program is once it is completed it still remains in the DA,s file for 10yrs. If you get another DUI within that 10yr period, It will count as a second DUI. Based on when you completed the first ARD program, you are still within that 10yr period for this DUI to be counted as your second. I would contact a lawyer. A second DUI conviction could bring elevated fines, DUI conviction, 30days in jail, and up to 12 months license suspention. |
05-14-2007, 04:11 PM
| | Senior Member | | Join Date: Feb 2007
Posts: 8,285
| | | The ARD option is at the discretion of the prosecutor and the judge as well. They don't have to offer it even if you would otherwise qualify. |
05-21-2007, 11:45 AM
| | Junior Member | | Join Date: May 2007
Posts: 19
| | Quote:
Originally Posted by Will Smith  My understanding of the Pa ARD program is once it is completed it still remains in the DA,s file for 10yrs. If you get another DUI within that 10yr period, It will count as a second DUI. Based on when you completed the first ARD program, you are still within that 10yr period for this DUI to be counted as your second. I would contact a lawyer. A second DUI conviction could bring elevated fines, DUI conviction, 30days in jail, and up to 12 months license suspention. | What if my first offense that occurred 7 years ago was DUI and now my second offense in of a "simple assault" case? Do they give out ARD program for those type of cases? If so, can one realistically get into an ARD program twice? I did speak with my lawyer and she is convinced that I will not be eligible because she said that a new protocol came out stating that only first time offenders are offered the ARD program. Does the discretion (to offer) of the ARD differ from county to county?
Last edited by ducati1978; 05-21-2007 at 12:20 PM.
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05-21-2007, 07:27 PM
| | Member | | Join Date: Aug 2006
Posts: 41
| | | I've never heard of ARD given out for an assault charge. I believe you can get a second time. I've seen people get it for the third time. |
05-22-2007, 10:21 AM
| | Junior Member | | Join Date: Apr 2007
Posts: 5
| | | I believe the ARD is a diversion program for DUI/DWI only. Assult is a different criminal matter. |
05-22-2007, 12:57 PM
| | Senior Member | | Join Date: Feb 2007
Posts: 8,285
| | Quote:
Originally Posted by Will Smith I believe the ARD is a diversion program for DUI/DWI only. Assult is a different criminal matter. | NOPE, ARD can be used for other misdemeanors. | |
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