Questions about DUI in PA...1st or 2nd offense, plea bargains, etc?

[cadillaclimo]

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

Posting for my BF, on his paperwork from the arrainment hearing, it shows he is being charged as a 1st offense**************however, in pA the law is that they go back 10 years. He had a prior DUI which was a few months short of 10 years back. He got ARD for that one. His attorney says they are pretty strict with the 10 years, pretty much to the exact date. The attorney says they will probably catch it at the priliminary hearing, therefore even though the paperwork now shows 1st offense, it will be changed to 2nd offense? What do you all think?

Secondly, he plans to plead not guilty & take it to a trial, hoping for a plea bargain. In PA, what is the usual outcome for plea bargains (what types of things will they normally "bargain"?). Any chance of getting this thing reduced to a Reckless Driving in PA?

I understand nobody on here has a crystal ball, each case is different, but just trying to get an idea what is the norm, or possible outcome.
Thanks!!

 

[FlyingRon]

They will certainly notice the prior eventually. The charge is actually the same so he can make it all the way through trial and found guilty. They'll certainly catch it at the PSI if nowhere else so he will do the second offense sanctions.

If his lawyer hasn't gotten a plea at the time of the prelim, he can probably forget about it.

 

[cadillaclimo]

At the time of preliminary? He was told that AFTER the preliminary hearing, then the lawyers discuss a plea? Was he given wrong info?

Thanks!

 

[bononos again]

At the time of preliminary? He was told that AFTER the preliminary hearing, then the lawyers discuss a plea? Was he given wrong info?

Thanks!

My friend is going through a DUI in PA right now. They did try to do some dealing at the Preliminary.
The problem she said in PA is that the penalities are pretty cut and dry.
18 month license suspension, then the car breathing thing I think for a year, jail or 90 days house arrest. Fines can vary. Plus classes of course.

 

[cadillaclimo]

Thank you.

His attorney is telling him to plead not guilty, and request a jury trial at the prliminary hearing. Then from what I understand, the attorneys etc will start to plea bargain before the actual trial. Is this wrong info?

 

[bononos again]

Thank you.

His attorney is telling him to plead not guilty, and request a jury trial at the prliminary hearing. Then from what I understand, the attorneys etc will start to plea bargain before the actual trial. Is this wrong info?

Well, I can't say wrong or right.
Her attorney tried to plea, they couldn't come to an agreement, so, at the Preliminary, they had the officer take the stand to give testimony. The DA and her attorney both asked questions.
This was recorded and will be put into written transcripts.
This way, the plea of not quilty has testimony that will be examined at trial.
I guess unless the DA tries to plea the trail day or before.

 

[foot]

At the prelim hearing, all that is done is the court decides if there is enough evidence to charge you. He should have another hearing in a month or two, probably called a pretrial conference, where he will more than likely receive an offer from the DA for a guilty plea. He can accept the offer or choose to take the case to trial. Penalties for a 2nd DUI vary greatly depending on how much he had to drink.

 

[paguy88]

He got ARD for that one. His attorney says they are pretty strict with the 10 years, pretty much to the exact date. The attorney says they will probably catch it at the priliminary hearing, therefore even though the paperwork now shows 1st offense, it will be changed to 2nd offense

yes PA is very strict with the 10 years

however. This will be charged as a first offence. So the charge on his paper work is correct. the ARD for the first one. Means that they dropped it it was expunged from his record and gone. Thus he never recieved a convition for the first DUI that he used ARD to get ride of.

Now what he will be facing based on him going thru ARD is he signed a bunch of paper stating that if he gets a DUI again and is convited he agrees to punishment as this was his second convition with in a 10 year time frame. That paper work is from the ARD nearly 10 years ago he signed.

so this would be a first DUI. and the punishment will be handed down as a second as he agreed.

 

[cadillaclimo]

Oh, thank you for explaining that one!

 

[FlyingRon]

I'm confused. Where in PA are we.

The normal course of events at the preliminary is just to determine probable cause as stated. You don't "plead" anything and you don't "request a jury trial" there. You often waive preliminary at the hearing if there's no point in trying to challenge the charge.

The next thing that usually happens is the arraignment and that is when you request a trial. Most likely on DUI the next appearance WILL be the trial.
ARD (or other) deals are usually worked out between the prelim and the arraignment.

 

[cadillaclimo]

Thanks FlyingRon....but now I'm totally confused.

He was already arraigned. At the arraignment hearing, they sceduled a date for the Priliminay hearing. He was told that AFTER the priliminary, his lawyer & the DA will discuss options (try to get a guilty plea before the trial).

It's Beaver County.

Maybe each county is different as far as procedure?

 

[paguy88]

The normal course of events at the preliminary is just to determine probable cause as stated. You don't "plead" anything and you don't "request a jury trial" there. You often waive preliminary at the hearing if there's no point in trying to challenge the charge.

I can only tell you how it works here in Allegheny County. as it realtes to the ARD.

Prilim---- at this event. Before the hearing the DA and cop are asked about ARD. DA already knows if you have any history. if none exists usually ARD is granted. You wave the hearing... sign some papers before the judge and you are on your way home. it is standard you wave this to get into ARD.

Arrignment- it Allegheny since this is such a large county. you don't go before a judge.. it's a paper work process. you plea not guilty. You lawyer can actually do this for you.. you head down to the ARD office for a interview that is really a paper work process you name contacts incase you vanish ect... and you select a date for your ARD hearing

ARD hearing --- you get accepted into the program... meet with probation department...

 

[FlyingRon]

PA Guy has it right for ARD.

I don't think he was arraigned yet. He probably had the "preliminary arraignment" which despite the name isn't the actual arraignment in PA. Generally it's to set bail (and schedule the preliminary hearing).

 

[cadillaclimo]

Oh, maybe what he already went to was a preliminary arraignment....thank you for clearing that up.

And thank you everyone for the replies.

 

[irish77]

paguy has it right

I'm in Philly and Delco...

Same deal here. First with ARD in 2000. Second in 2008, BUT in New Jersey. PA counted it as a second any way and my license was suspened for the min in PA for a second at 12 months. Classes in Jersey. Halfway done the suspension as of today. Breathalizer in PA as soon as I get my vehicle back or sign off to not drive a vehicle.

It's all about that scoring system. For "purposes of scoring if you get another DUI, your ARD will be counted as a first...."

good luck