Ard second time, pleading?

[2nd in 10 years]

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

Got stopped in Philadelphia. This is my second DUI, first was 11 years ago. Couple of questions..

1) Does this count as my first or second offense (first I did complete ARD)
2) Do I qualify for ARD again (no other charges other then the first)
3) What are the chances of pleading down (blew a .102)
4) What tier is the charge.

Thanks for the help

[FlyingRon]

Pennsylvania only looks back 10 years for computing second offense, so this one will be a first.

As for ARD, it's a the discretion of the prosecutor. You might be able to get it, you might not.

Tier? It's an ungraded misdemeanor. 0.10 is in the high range of penalties though. The major difference is a mandatory 48 hours in jail on that one.

Plead down? Wouldn't count on it although you might escape the high BAC sanction.

[paguy88]

Originally Posted by FlyingRon

Pennsylvania only looks back 10 years for computing second offense, so this one will be a first.

As for ARD, it's a the discretion of the prosecutor. You might be able to get it, you might not.

Tier? It's an ungraded misdemeanor. 0.10 is in the high range of penalties though. The major difference is a mandatory 48 hours in jail on that one.

Plead down? Wouldn't count on it although you might escape the high BAC sanction.

I have found in the Bigger counties in PA with out accident. The DA's are willing to cut deals.

This poster should have no issues getting into ARD with no other criminal history in the past 10 years.

[2nd in 10 years]

Thank you for the advice, I am calming down a little that I have a shot at the ARD option. Do you know if I need to file that before the end of the month, or is it at my first court appearence (arraignment?).

[paguy88]

Originally Posted by 2nd in 10 years

Thank you for the advice, I am calming down a little that I have a shot at the ARD option. Do you know if I need to file that before the end of the month, or is it at my first court appearence (arraignment?).

you or if you get a lawyer will discuss this at the prlim hearing with the DA.

Also since you did ARD once before. This time you are going to get a 90 day licnese suspension.

[2nd in 10 years]

Spoke with my attourney today. He said he is looking into if Philadelphia county allows the second ARD, seeing as some counties do not. Where would I find this information?

[paguy88]

Originally Posted by 2nd in 10 years

Spoke with my attourney today. He said he is looking into if Philadelphia county allows the second ARD, seeing as some counties do not. Where would I find this information?

I have never heard of a county and keep in mind I live in the western part of the state NOT allowing a 2nd ARD after the 10 year period witha clean criminal record since the first DUI. I could be wrong some times lawyers will say stuff like that to make it look like they are actually doing something for you.

[FlyingRon]

I agree with PAGUY, ARD should be offered. There are some jerk prosecutors in the Philly area, but unless you have some aggravating thing on either the original or new charge that makes you look really bad, it shouldn't be a problem.