If your last DUI was twenty (20) years ago even if you are denied ARD this would be counted as a first for penalty purposes. I would strongly recommend that you talk with a qualified DUI attorney in the County so you can understand your options. Please feel free to call me if you have any further questions. Thanks.
Zachary Cooper, Esq
Levow & Associates, PC
Practice Limited to DUI Defense
Talk with an attorney about this issue as soon as you can. If the police officer pulled you over illegally your attorney can file a Motion to Suppress the actual stop. Try not to put too many facts about your case on sites like this as anyone can read this. Good Luck!!
Zachary Cooper, Esq.
Levow & Associates, PC
Limited to DUI Defense
If this is your first offense you should be eligible for the ARD program. This is a program designed for first time offenders with no record. If you successfully complete ARD there would be no jail time, no conviction and a license suspension of 2 months in your case rather than a year. You may also have some defenses to consider and for that reason at minimum I would contact the Public Defender in the county where this occurred to understand your rights and possible scenarios in your...
You should contact a DUI attorney in the county where you are on ARD immediately and discuss this matter. For the most part, most counties in PA will not remove you from the ARD program if you need an extra month to complete something. That just means that you will still be under probation and obviously cannot have anything expunged until ARD requirements are completed. This is something that you and your attorney may want to also bring to the attention of the probation department who is...
Unfortunately the system is not very fast. It is not uncommon for things to happen the way you described. Once your attorney gets all the discovery he should be in a much better position to talk with you about possible defenses and what your options are. I on the other hand feel that communication between attorney and client throughout this whole process is very important so hopefully you will get to talk with him soon whether he has discovery or not. I hope things work out for you.
I would make sure to talk with an attorney in the county where this occurred ASAP!! Every county handles house arrest differently, in fact some don't even offer it. Others do an IPP type sentence where part of the sentence would be in jail and part would be on House Arrest. An experienced attorney in the county where the arrest occurred will go over all of this with you as well as discuss any possible defenses in your case.
If you are charged with a refusal and PENNDOT suspends your license for 1 year unfortunately you are not eligible for an OLL. Likewise, if your license is suspended 1-2 months while on ARD you would not qualify for an OLL. I would suggest talking with an attorney in the area where this occurred so you know what your options are.
First thing that you should do is talk with a qualified DUI attorney and not go through this on your own. If you are going through the ARD program, your license would not be taken at the preliminary hearing. It would be surrendered when you are placed onto the program at the next level. Good luck.
If you received a notice to appear for a court hearing then you should appear. Failure to appear may result in a bench warrant being issued by the Judge. If you have an attorney they may be able contact the DA's office as well as the Judge and see if your hearing can be continued now that you have been accepted into ARD. First, I would make sure to contact your attorney and go over all of this with them.