At the preliminary hearing you are not entering any plea. I would strongly suggest that you have an attorney even if entering the ARD program so you can go over all your options and possible defenses and make sure everything is done properly. Good luck.
Make sure you talk with and hire an experienced attorney in this County immediately. Every County has different procedures when it comes to bench warrants and you certainly want to know and understand what you are walking into.
Your lawyer should be with you at the time of your ARD hearing and all Court appearances for that matter. As far as the charges are concerned, the District Attorney's office would be the ones making the decision on them. I would make sure that you go over all of this thoroughly with your attorney before the hearing so you know what will be taking place.
The first thing you should do is hire an attorney and discuss all your possible options. It is very common for you to be charged with several different counts of a DUI but they can later be amended. I do a lot of work in Montgomery County, PA and would be more than happy to talk with you and answer some questions you may have. Good luck!!!
Zachary B. Cooper, Esq.
Levow & Associates, PC
Limited to DUI Defense
I suggest that you talk with an experienced DUI attorney I go over your case and possible defenses. If this is your first offense you may be eligible for the ARD program. ARD which stands for Accelerated Rehabilitated Disposition is a first time offenders program. If and when you successfully complete this program you will (1) earn a dismissal of the charges (2) avoid a criminal record (3) avoid jailtime and (4) recieve a 1-2 month suspension rather than 1 year. Each County runs its own...
Unfortunately there is no specific time period when you have to receive this notice from PENNDOT. I would suggest hiring an attorney because you will have 30 days from the date of the letter with which to file an appeal of your suspension.
Yes this one should be counted as a 3rd offense for you in PA. Many times the paperwork does not reflect the priors but when the DA's office officially has the case and knows about the priors they would count it as a third. I would absolutely make sure you talk with and hire a good DUI attorney as your are facing very serious consequences.
If this is your 2nd DUI then you will be looking at mandatory jail time between 5-90 days in jail. You could also be looking at jail time for the REAP. You should talk with and retain an attorney immediately who will be able to look over your case, answer any questions you have as well as go over all of your options including possible defenses.
It is absolutely possible but you will want to talk with a qualified DUI attorney in the County where this occurred. Please note that you can still be charged and convicted of a DUI even if you refused. There is a lot of other facts that need to be looked at to determine what possible defenses you may have. I would strongly recommend that you talk with an attorney immediately as a 3rd offense within ten years carries serious consequences.
Zachary B. Cooper, Esq.
Levow & Associates, PC...