penn dot

[annieb0213]

In September of 2001 I was arrested for a D.U.I. on 1/22/2003 I was officially accepted into the A.R.D program for this arrest. On August 1st of 2003, I was removed from the A.R.D. program and placed back on the trial list. 3/2004 I went before a jury and was found NOT GUILTY for the D.U.I.
I was arrested for in 2001.

Now in Feb. 2011 I was arrest for a D.U.I. I am in the A.R.D. program now as a first time offender for the D.U.I. in 2011. My driver’s license thru the program was suspended for 60 days. I received from Penn dot in Nov. 2011 that a requirment for me to get my license back is to have an ignition interlock system in my car for 1 yr. I called Penn dot and have been back and forth with them since, They say that the acceptance into the A.R.D for the 2001 dui is being held as a first dui and so I have 2 and the interlock is required. Now my question is I was found not guilty for this dui in 2001 so how can it be held against me..(and might i add i did not break pa implied constent law in either dui arrest) I feel my rights are being seriously violated in many ways. Also my acceptance into the program I sign in 2003 said that the ard would only be held against me for 7 years. what can i do?? I was eligible for my license 12/16/11. I passed my appeal date. how hard is it to fils a late appeal..

 

[HighwayMan]

I feel my rights are being seriously violated in many ways.

You're kidding right? In what ways?

 

[HighwayMan]

According to what I'm reading about the program, you should not have been offered it to begin with this time. It doesn't matter if you weren't convicted before - you WERE accepted into the program. From what I'm reading that alone disqualifies you from being accepted again within 10 years - and it is certainly within 10 years.

Looks like you were done a big favor. Offering the program is totally up to the local DA. Your rights aren't being violated. If you don't like it don't accept the program and take your chances at trial again. Or don't drive - you have no right to a license.

Obviously you had issues with the program the first time around since you were removed from it. What was that about?

 

[Zigner]

I'm waiting for Dillon to come along...

 

[HighwayMan]

Shhh... it's been a nice break without him.

 

[annieb0213]

well thats my issue in the court of law I am a first time offerender. and i am eligilbe for the ard program..penn dot is the only ones holdin the acceptance from 2003 against me. when i was removed and placed on the trail list the ard is removed as if it never happened the only right you sign away is your right to a speedy trail if removed from the program. also the acceptance paper i signed said that the ard can be held against me for only 7 years. that would mean that ard would have expired in 1/2010. in 2004 the dui laws were changed and ch. 38 of pa code was added and it changed the 7 year hold to 10 years.. so you want to know why i feel my rights are being violated. well i was ultimitly found Not Guilty of the DUI. so holding me for punishment on that alone is unjust.. even if i say ok i accepted the ard program that program i signed for says it expires in 7 yrs not 10. Chapter 38 of the pa code that penn dot is using against me wasnt even written when i sign in to that program. it didnt go into effect until 2/2004. so if you were found not guilty of something and 6 months shy of 10yrs. later they tell you well u need this innerlock system because 9 yrs and 6 months ago the dui u were foung not guilty for were holdin against you according to new laws that were put into effect 1 yr after your acceptance in ard program.

 

[HighwayMan]

Speak to an attorney.

 

[FlyingRon]

ARD is not a right. It's at the discretion of the prosecutor, you can appeal the issue to the judge however, but that usually doesn't get reversed.

 

[InsaneJane]

No. You shouldn't need the inter lock device.