Anyone from PA have experience with the OLL?

[irish77]

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

Anyone from PA have experience with the OLL? Wanted some details on it and if it's available for those with ARD from 8 years back.

 

[foot]

I'm curious about that as well, as I'm in a similar situation to you. My lawyer tells me that I'll be able to apply for one after serving 60 days of the suspension. Though, I'm not so sure I believe him. PennDOT says you're only eligible on your first offense. Is that first offense or first conviction?

 

[irish77]

I'm curious about that as well, as I'm in a similar situation to you. My lawyer tells me that I'll be able to apply for one after serving 60 days of the suspension. Though, I'm not so sure I believe him. PennDOT says you're only eligible on your first offense. Is that first offense or first conviction?

That's my question. I got ARD in 2000 and it was a FIRST offense, but not a conviction. I don't know how the OLL people treat ARD and then a conviction (2nd official DUI). If this is your first you cannot if you are on ARD apparently. That's what a form I just read stated....google PA DUI & OLL and it will bring up a fact sheet. I am sending them a letter today cause I hate calling.

 

[irish77]

your first or second actual DUI?

hey foot, your first or second actual DUI?

 

[paguy88]

That's my question. I got ARD in 2000 and it was a FIRST offense, but not a conviction. I don't know how the OLL people treat ARD and then a conviction (2nd official DUI). If this is your first you cannot if you are on ARD apparently. That's what a form I just read stated....google PA DUI & OLL and it will bring up a fact sheet. I am sending them a letter today cause I hate calling.

not to correct you irish...

but lets say in PA you do ARD...

then say 5 years later get another DUI in PA... and get convited...

it actually shows as a first DUI... not second...

just when you agree to ARD you also agree if you do it again it will be treated as a second DUI in terms of punishment only.

once it is expunged it is expunged...

 

[irish77]

oh no, I totally agree......it's all about that look back period though. when I finished ARD, the look back was 7 years. laws changed and now since 2004, the ten year applies.

if I paid for the expungement doesn't it still count for purposes of punishing me on a second?

in either case, I am totally positive. like I said, things could of been so much worse and I am looking forward to this challenge of a different lifestyle.

 

[foot]

I was just charged with DUI for the second time. I did ARD in 2003. Prelim is in 2 weeks. All I can hope for at this point is to be in that low BAC tier...

 

[irish77]

I was just charged with DUI for the second time. I did ARD in 2003. Prelim is in 2 weeks. All I can hope for at this point is to be in that low BAC tier...

GOOD LUCK MAN!

 

[irish77]

let me know how things turn out. you'll be okay. just gonna take some lumps.

 

[foot]

Thanks, irish. I've come to terms, for the most part, with the fact that I'll need to suck it up for a few months, maybe get a second job and put up with all the court's hassling. But otherwise I don't let bad situations get me down. I know I'll get through it, and I've got people that care about me which helps. I was really down in the dumps for a few weeks, but they eased the pain a bit.

Let me know if you hear anything about the OLL.

 

[irish77]

Will do. I know how it goes. I myself had a straight up nervous breakdown @ 30 years old. not easy to handle. Not looking forward to the 12 months suspension, but it is what it is. For all intensive purposes they will most likely screw me and put me in the 10 year look back period (for people reading this I know what you're saying).....just sucks that they can change a law and then change terms that you personally signed....

 

[foot]

That has to be challengeable. If you sign something that says there will be a 7 year look back period, how can they change that without your consent? Have you looked into that? Is it worth the effort/money? I'd bet there haven't been very many cases as of yet where people agreed to the 7 year period, then had a second offense in the 7-10 year time frame.

 

[foot]

not to correct you irish...

but lets say in PA you do ARD...

then say 5 years later get another DUI in PA... and get convited...

it actually shows as a first DUI... not second...

just when you agree to ARD you also agree if you do it again it will be treated as a second DUI in terms of punishment only.

once it is expunged it is expunged...

So in that situation (I'll be honest, almost exactly the same situation I'm in) it would be a FIRST offense. I will just be facing way harsher penalties than a typical first time offender?

 

[irish77]

So in that situation (I'll be honest, almost exactly the same situation I'm in) it would be a FIRST offense. I will just be facing way harsher penalties than a typical first time offender?

exactly because of the tiered PA rules.....my lawyer said 12 month susp with interlocking.

 

[irish77]

google these...one of them is the case of ARD and then 7-10 year look backs...I would love to say I wish, but well, after the lawyer said what he said, I'm just preparing for the worst.

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