DUI in PA (Prelims)

[xarfox]

What is the name of your state? PA

Hi,

If I have the following charges: DUI (Incapable of driving safely), DUI (High rate of BAC .10 - .16), Exceed 55 MPH by 37 MPH, and Careless Driving. Should I get a lawyer for my preliminary hearing.

The trooper said since this is a first offense, it is eligibile for ARD meaning you attend some classes and all charges are dropped.

Should a lawyer be paid to represent this, or is it unnecessary?

No property damage or injuries in this case.

 

[TomD1974]

Your motion for ARD would have to be granted. It is not automatic for all first-time offenders. Your little rap sheet here is extensive enough that if I were you I would seek the advice of an attorney. Just my $.02.

 

[ag4670]

i with tom i think you should get a lawyer since you have more then one charge against you

 

[SillyPuddy]

At the time of my DUI (3 1/2 years ago) , an attorney was not required by law to be present in my first hearing. In the first hearing I saw what's called an "Administrative Law Judge". This judge explains the charges and their parameters but also explains the availability of their first time offenders program and what that requires from the offender. The offender is given the choice to enter the program or not and face a hearing for a conviction.

I chose the first time offenders program. However, here's the kicker in my state. In order to enroll in the first time offenders program my state requires a guilty plea...so.. (in my opinion)....they can get a conviction on you if you fail the program and they get to rake their fingers through your disposable income.

Good Luck....and Don't reoffend.

 

[JustAPal00]

This is from DMV.org PA laws!

First offense:High BAC: 0.10% to 0.159%
License suspended for one year.
Face anywhere from 48 hours to six months in jail.
Get whacked with a fine ranging from $500 to $5,000.
Attend mandatory alcohol highway safety school.
Be ordered to seek alcohol and drug treatment.