ARD Program twice?

What is the name of your state? Pennsylvania

I was in the ARD program around 2000/2001 and completed the program and had it expunged by a lawyer in 2002/2003.

My question is, with my record expunged, will I be eligible for a second ARD program in 2007?

This is in different counties in Pennsylvania (1st ARD program was issued in Norristown, PA. Second may potentially be issued in Philadelphia)

My understanding of the Pa ARD program is once it is completed it still remains in the DA,s file for 10yrs. If you get another DUI within that 10yr period, It will count as a second DUI. Based on when you completed the first ARD program, you are still within that 10yr period for this DUI to be counted as your second. I would contact a lawyer. A second DUI conviction could bring elevated fines, DUI conviction, 30days in jail, and up to 12 months license suspention.

The ARD option is at the discretion of the prosecutor and the judge as well. They don't have to offer it even if you would otherwise qualify.

Will Smith said:

My understanding of the Pa ARD program is once it is completed it still remains in the DA,s file for 10yrs. If you get another DUI within that 10yr period, It will count as a second DUI. Based on when you completed the first ARD program, you are still within that 10yr period for this DUI to be counted as your second. I would contact a lawyer. A second DUI conviction could bring elevated fines, DUI conviction, 30days in jail, and up to 12 months license suspention.

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What if my first offense that occurred 7 years ago was DUI and now my second offense in of a "simple assault" case? Do they give out ARD program for those type of cases? If so, can one realistically get into an ARD program twice? I did speak with my lawyer and she is convinced that I will not be eligible because she said that a new protocol came out stating that only first time offenders are offered the ARD program. Does the discretion (to offer) of the ARD differ from county to county?

I've never heard of ARD given out for an assault charge. I believe you can get a second time. I've seen people get it for the third time.

I believe the ARD is a diversion program for DUI/DWI only. Assult is a different criminal matter.

Will Smith said:

I believe the ARD is a diversion program for DUI/DWI only. Assult is a different criminal matter.

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NOPE, ARD can be used for other misdemeanors.