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  #1  
Old 10-23-2008, 07:14 PM
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Slept after drinking, drove home....HELP

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

First offense DUI
First offense Highest .20
Speeding

Drank beer 10 miles from home with friends most of the day.
Slept 3 hours or so.
Woke up, felt good, said goodnight and started home.
Not paying attention to speed.
Pulled over, .21 breath.
Blood at .20
Very respectful and nice to officer, same in return.

1. Am I eligible for ARD?

2. Can I be spared 48 hours jail?

3. What happens at district court 1st appearance Monday?

Thanks
  #2  
Old 10-23-2008, 10:21 PM
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Quote:
Originally Posted by Woops45 View Post
What is the name of your state PA(only U.S. law)? PA

First offense DUI
First offense Highest .20
Speeding

Drank beer 10 miles from home with friends most of the day.
Slept 3 hours or so.
Woke up, felt good, said goodnight and started home.
Not paying attention to speed.
Pulled over, .21 breath.
Blood at .20
Very respectful and nice to officer, same in return.

1. Am I eligible for ARD?

2. Can I be spared 48 hours jail?

3. What happens at district court 1st appearance Monday?

Thanks
do you have any criminal history in the past 10 years?

the first court hearing is a preliminary hearing (not a trial) basically the judge will say if there is enough evidance to hold you over for trial... however if you are eligable for ARD... you will still have to go to the hearing but you will end up waving it.

what county did this happen in?
  #3  
Old 10-23-2008, 11:00 PM
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No prior record
  #4  
Old 10-23-2008, 11:01 PM
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Posts: 4
Lancaster County
The Officer was Cumru twp Berks so the prelim is in Berks
  #5  
Old 10-24-2008, 01:14 PM
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Posts: 73
If this is your first offence, you should be eligible for ARD. If accepted into ARD, you will not receive a jail sentence. All that you will do at your prelim is submit your application for ARD, and waive your arraignment. Nothing you need to really be worried about.
  #6  
Old 10-24-2008, 10:15 PM
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Join Date: Oct 2008
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Quote:
Originally Posted by foot View Post
If this is your first offence, you should be eligible for ARD. If accepted into ARD, you will not receive a jail sentence. All that you will do at your prelim is submit your application for ARD, and waive your arraignment. Nothing you need to really be worried about.
Thank You very much.
  #7  
Old 10-27-2008, 10:13 PM
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Posts: 87
Why did he even suspect you were drinking anyways?
  #8  
Old 10-28-2008, 10:24 AM
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Location: Richmond, Va
Posts: 383
Quote:
Originally Posted by itsmewhoelse View Post
Why did he even suspect you were drinking anyways?
It seems that this is what precipitated the stop.


Quote:
Not paying attention to speed.
And at a 0.20/0.21 BAC, impairment would be easily noticeable to an officer while he is in the process of issuing a speeding ticket.
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  #9  
Old 10-28-2008, 10:25 AM
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Location: Richmond, Va
Posts: 383
And anyways is not a word. Just FYI
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  #10  
Old 10-28-2008, 01:03 PM
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Join Date: Jan 2005
Location: North Florida
Posts: 1,625

Cause for stop

Quote:
Why did he even suspect you were drinking anyways?
That alone is not the probable cause, I think the OP was busted for speeding originally.
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"I only had a couple of drinks..... there's no way I was impaired!."
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