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kristinmarie13

Junior Member
What is the name of your state? PA

I am 25 years old and have never had any legal issues in my lifetime. On Friday evening I was drinking. I had several drinks (Rum and Vodka) mixed with diet soda over several hours. Totally I drank the entire two liter of soda, but not much alcohol. I started drinking at about 9pm and this began at about 4am. After phone calls and text messages, my ex boyfriend asked me to pick him up so he could come over to my apartment. I obliged as I normally do, seeing as I hadn't had a drink in about two hours. I got to his house, and we stood outside talking for some time. He then told me that he was going inside for a minute, and would be back out so we could leave. As he was inside, his younger brother came out and we were talking. After about ten minutes, another female showed up to the apartment and went inside. Three minutes after she showed up, I could hear her calling the police accusing me of harrassing her. Obviously, I didn't want to be involved so I went to my car and tried to leave. I started my car and got about half way around the block when it shut off and wouldn't start again. I returned to the apartment and knocked on the door, because I knew my ex knew about cars and could get it started. The other female yelled through the door that she had called the police and I was going to be arrested. At this point I went back to my car and tried EVERYTHING to get it started. I had it in all gears, etc...but it just wouldn't start. After about 25 minutes the police showed up. I admitted that I had been drinking that evening (because I though it was the best defense) and told him what had happened....bascially that I was lured into a situation to be arrested by my ex and this girl. I answered all their questions truthfully and succinctly. They did a breathalizer, but did not tell me the results. They did field tests, and I failed (I usually can't even do them sober) and I consented to a blood test. I was never issued miranda or O'Connell (?) rights, and they just took my blood and let me go. I called the station and asked how long it will be until the results of the blood test are back (I know that breathalizers are not used as evidence, and I don't believe that my BAL was above the 0.08 limit). The officers told me that I can be considered for ARD. If I choose ARD I will lose my license for 60 days. I work over an hour away from where I live, so if I lose my privledges I will lose my job. According to PA Laws that I have been able to find, anything under 0.10 BAL on a first offense does not result in loss of driving privledges. I don't know what to do. Should I get a lawyer now and try to get the results of the blood test, or should I just wait the two weeks and see what happens? I'm not a bad person, I feel as though I was lured into this situation for embarassment by the girl.What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?
 


paguy88

Member
What is the name of your state? PA

I am 25 years old and have never had any legal issues in my lifetime. On Friday evening I was drinking. I had several drinks (Rum and Vodka) mixed with diet soda over several hours. Totally I drank the entire two liter of soda, but not much alcohol. I started drinking at about 9pm and this began at about 4am. After phone calls and text messages, my ex boyfriend asked me to pick him up so he could come over to my apartment. I obliged as I normally do, seeing as I hadn't had a drink in about two hours. I got to his house, and we stood outside talking for some time. He then told me that he was going inside for a minute, and would be back out so we could leave. As he was inside, his younger brother came out and we were talking. After about ten minutes, another female showed up to the apartment and went inside. Three minutes after she showed up, I could hear her calling the police accusing me of harrassing her. Obviously, I didn't want to be involved so I went to my car and tried to leave. I started my car and got about half way around the block when it shut off and wouldn't start again. I returned to the apartment and knocked on the door, because I knew my ex knew about cars and could get it started. The other female yelled through the door that she had called the police and I was going to be arrested. At this point I went back to my car and tried EVERYTHING to get it started. I had it in all gears, etc...but it just wouldn't start. After about 25 minutes the police showed up. I admitted that I had been drinking that evening (because I though it was the best defense) and told him what had happened....bascially that I was lured into a situation to be arrested by my ex and this girl. I answered all their questions truthfully and succinctly. They did a breathalizer, but did not tell me the results. They did field tests, and I failed (I usually can't even do them sober) and I consented to a blood test. I was never issued miranda or O'Connell (?) rights, and they just took my blood and let me go. I called the station and asked how long it will be until the results of the blood test are back (I know that breathalizers are not used as evidence, and I don't believe that my BAL was above the 0.08 limit). The officers told me that I can be considered for ARD. If I choose ARD I will lose my license for 60 days. I work over an hour away from where I live, so if I lose my privledges I will lose my job. According to PA Laws that I have been able to find, anything under 0.10 BAL on a first offense does not result in loss of driving privledges. I don't know what to do. Should I get a lawyer now and try to get the results of the blood test, or should I just wait the two weeks and see what happens? I'm not a bad person, I feel as though I was lured into this situation for embarassment by the girl.What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?

hun too be honest you have no idea what your BAC is going to be... No one does they havr those nice charts but many factors come into play how much do you weight? how much booze was in the drink? what % of booze was it? how much if anything did you each? how fast does your body pass the booze.. ruff .02 every HR BUT that really not correct...

in the end no one know what it will be.

what county did this happen.

ARD is a nice option.. in the end once you finish it the arrest record and charge get expunged from your record..

you will be looking at as far as licenese suspensions go.

your bac .08-.099 none
.1-.159 30 days
.160 up 60 days

6- months too 12 months probation then 6 months later expungement will be done.

if you chose to fight it and lose...

.08-.099 no licenese suspension
.1-.159 1 year lose of licenese
.160 up same

PLUS the DMV will also suspend your licenese seprate from what the court does for another year for the convition. No way around this PLUS you will have a criminal record.

I would opt for the ARD.. 30-60 days is alot less than what the court adn DMV will do if you lose...

remember you will not have a right to a jury trial in PA for a first offence... so it would be infront of a judge and most of them are former prosicutors..

I would suggest ARD.. if not good luck.

oh if you take ard.. dont expect too lose your licnese for about 8-10 months from now... it will all be over and expunged in about 1 1/2 too 2 years.
 

kristinmarie13

Junior Member
This all happened in Snyder County, PA - They are known for being tough on DUI cases, although a relative of mine has had two in the previous three years, and she has not lost her driving privledges or had a record (her parents are attorney's)...

After doing research I think that ARD will be my best option if I can be admitted by the District Attorney. As far as I can see it is an "unsupervised" probation? What does that mean.

Lesson Learned. Do not pck up ex boyfriend when he asks! I just want this all to be over.
 

FlyingRon

Senior Member
Supervised or unsupervised, ARD is FAR preferable to being convicted.
Supervision just indicates how involved a probation officer is in your case. Even supervised probation on a well behaved offender often evolves to "just call me if anything changes."
 

paguy88

Member
Supervised or unsupervised, ARD is FAR preferable to being convicted.
Supervision just indicates how involved a probation officer is in your case. Even supervised probation on a well behaved offender often evolves to "just call me if anything changes."

"just call me if anything changes."

what's that mean?

sorry for asking I dont understand

BTW Ex will always get you in trouble.. sorry I have been there done that.. :p
 

paguy88

Member
This all happened in Snyder County, PA - They are known for being tough on DUI cases, although a relative of mine has had two in the previous three years, and she has not lost her driving privledges or had a record (her parents are attorney's)...

After doing research I think that ARD will be my best option if I can be admitted by the District Attorney. As far as I can see it is an "unsupervised" probation? What does that mean.

Lesson Learned. Do not pck up ex boyfriend when he asks! I just want this all to be over.

as long as you dont have a record.. and have not been in ARD for anything in the past 10 years. They will let you in that should not be a problem.
 

FlyingRon

Senior Member
"just call me if anything changes."

what's that mean?

sorry for asking I dont understand

BTW Ex will always get you in trouble.. sorry I have been there done that.. :p
Call if you lose your job, you get arrested for something, you drop out of school, etc...
 

FlyingRon

Senior Member
Because it's a condition of your probation to work or attend classes. If something changes that, they'll want to know. You're supposed to be an upstanding member of the community while you're on your probation. Show up to work, take whatever classes are mandated, pay your costs, etc...
 

kristinmarie13

Junior Member
Another quick question...do I need to worry about harassment charges? I don't think the officers even went to the apartment (they didn't say so to me) and I explained what happened...that this girl showed up and called the police...I didn't even talk to her. I was never asked to leave and I was just talking to my ex and his brother. Also, I only returned to knock on the door when my car wouldn't start, my ex wanted to come outside and help me, but she wouldn't let him. I'm afraid that if they make a harassment charge stick that I will not be eligible for ARD.
 

paguy88

Member
Because it's a condition of your probation to work or attend classes. If something changes that, they'll want to know. You're supposed to be an upstanding member of the community while you're on your probation. Show up to work, take whatever classes are mandated, pay your costs, etc...

well what do you do say if your company gets sold and say they let you go?

nothing you can do about that say if they are having cut backs..

my budy lost his job while on ARD... nothing happend to him.

not your fault
 

FlyingRon

Senior Member
They understand if you lose the job through no fault of your own. But the PO most likely still wants to know about it. They are concerned if you get fired for showing up drunk, etc...

Most counties have a standard ten item or so list of probation conditions. None of them are onerous. The one they get most concerned about is you making your payments on your costs. But there is the usual, no illegal acts, no drugs, no drinking, no leaving the area without telling them, informing them on any change of status, etc...
 

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