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  #1  
Old 03-10-2009, 02:15 PM
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Dui


What is the name of your state (only U.S. law)? Pennsylvania
I received a DUI Sat. night and blew a .20 at the police station. I'm 50 yr old female and this is my first offense. I don't think i've even had a parking ticket. If I use a Publice Defender, will I be eligable for ARD classes. I already know what I'm looking at in the St. of PA. If I am eligable what will the outcome be?

Last edited by tmllcart; 03-10-2009 at 02:49 PM.
  #2  
Old 03-10-2009, 03:51 PM
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Quote:
Originally Posted by tmllcart View Post
What is the name of your state (only U.S. law)? Pennsylvania
I received a DUI Sat. night and blew a .20 at the police station. I'm 50 yr old female and this is my first offense. I don't think i've even had a parking ticket. If I use a Publice Defender, will I be eligable for ARD classes. I already know what I'm looking at in the St. of PA. If I am eligable what will the outcome be?
Why do you believe that having a public defender will make you ineligible for ARD?
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

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  #3  
Old 03-10-2009, 05:09 PM
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I don't think that. It's just everything I look up about DUI's on the computer it says get a attorney that specializes in DUI cases, because they know the law better. I was just wondering if anyone knows if it is my first offense and i blew a .20 if I'm eligable for ARD classes, no jail time, and 30 to 60 days suspension instead of a year. Some counties if you are over .16 it doesn't matter they take nothing into consideration. I have nothing against using a public defender. I probably worded it wrong I just don't want to have an attorney's fee when I could use a PD. Thanks

Last edited by tmllcart; 03-10-2009 at 06:31 PM.
  #4  
Old 03-10-2009, 08:47 PM
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Using the public defender will not make you ineligible for ARD. But you will need to prove that you are VERY poor and you'll have to put up with not being able to get in touch with the defender very much.
  #5  
Old 03-11-2009, 05:58 AM
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Why will I have to prove I'm very Poor. Doesn't everyone have the right to use who they want?
  #6  
Old 03-11-2009, 09:06 AM
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You have the right to hire anyone you want. In order to get a public defender, you will fill out financial affadavits and need to prove that you cannot afford to hire a lawyer on your own.
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  #7  
Old 03-11-2009, 09:28 AM
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I'm a stay at home mom. So your saying if my husband makes to much money, I will have to hire an attorney and will not be able to us a PD? I'm just asking because I've never been through anything like this before.
  #8  
Old 03-11-2009, 11:30 AM
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That is correct, if you make "too much money", cannot prove financial need, you will most likely not be able to request public assistance.
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  #9  
Old 03-11-2009, 11:51 AM
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Wow, I didn't know that. Will they look at my income, which I have none because I stay at home, or will they use my husbands salary?
  #10  
Old 03-11-2009, 03:36 PM
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Quote:
Originally Posted by tmllcart View Post
Wow, I didn't know that. Will they look at my income, which I have none because I stay at home, or will they use my husbands salary?
Most likely household income since hubby has a responsibility to support you.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #11  
Old 03-11-2009, 04:29 PM
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Do you own assets together? Do you file tax returns jointly? Yeah, you get the picture.
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