In Pennsylvania, the law governing sentencing for driving under the influence (DUI) has undergone significant scrutiny in recent years, particularly concerning whether prior participation in the Accelerated Rehabilitative Disposition (ARD) program can be treated as a “prior offense” for enhanced sentencing. A recent decision by a Pennsylvania court reaffirms that,…
Articles Posted in ARD Program
Court Examines Its Jurisdiction Over ARD Orders
People charged with DUI offenses in Pennsylvania may be able to avoid a conviction and sentence by entering into an ARD program. While ARD is a pretrial disposition, people admitted to ARD nonetheless have to abide by certain conditions, and if they do not, they may be removed from the…
Acceptance of ARD for a Pennsylvania DUI Charge Constitutes a First Offense for Purposes of License Suspension
If you are convicted of a second DUI offense in Pennsylvania, you may face increased penalties. While in most cases it is clear what constitutes a second DUI offense, in some circumstances clarification is required as to whether a prior disposition of a DUI charge constitutes an offense. In Shaffer…
Pennsylvania Superior Court Quashes DUI Defendant’s Appeal For Lack of Jurisdiction
On July 22, 2015, a driver was arrested and charged with driving under the influence of a controlled substance. On April 15, 2016, he petitioned for acceptance into the Accelerated Rehabilitative Disposition (ARD) program. The Commonwealth approved his petition, and, on June 2, 2016, the trial court accepted him into…