PA ARD-DUI plea then NJ DUI a year after Criminal charges dismissed and expunged; PA DMV Abstract says ARD-DUI

Asked 6 months ago - Hammonton, NJ

I know for PA this is considered a 2nd offense out of state. In NJ, is this a first offense or second offense?

Attorney answers (7)

  1. Greggory M Marootian

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    Answered . The sentencing issue hinges on whether you have a prior "conviction" for DWI. In the case of a PA ARD, when I have had the issue before, I have always been able to successfully argue that entry into and satisfactory completion of the ARD, as a diversionary program, does not result in a "conviction." Your attorney, if you have an attorney, needs to gather the relevamt parts of your PA file and advocate the issue on your behalf, but in NJ this should be clearly be regarded as a 1st DWI offense.

  2. Douglas Wayne Jones Jr

    Contributor Level 15

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    Answered . Since the PA ARD is not technically a conviction, an argument can be made that a subsequent charge in NJ is now a first offense and not a second offense.

    While we strive to ensure that the information is accurate, without knowledge of all of the facts of a particular... more
  3. Christopher J Basner

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    Answered . Have you already been convicted in NJ?

    Or, only charged?

    If the latter, wouldn't you want to know how to beat the charge? Or at least how to fight?

    Until retained, this answer does not constitute legal advise, as it is based on extremely limited information.
  4. Lidia L. Alperovich

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    Answered . It will be considered a second offense DUI/DWI

  5. Mark M Cheser

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    Answered . I agree with Mr. Marootian. Have your attorney do the work.

  6. Michael L Pescatore

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    Answered . The legal issue whether you have a prior "conviction" for DWI. A PA ARD, is in effect a diversionary program, and does not result in a "conviction" if successfully completed -- that is what a competant lawyer will argue. Therefore the NJ matter is a 1st offense.....
    I need more information re a review of your prior PA file and argue for you in this matter -- this would be the best approach. I have done this before Hire an attorney....

    Do NOT rely on this answer as the information provided here is not legal advice nor is it a substitute for legal... more
  7. Steven W. Hernandez

    Contributor Level 10

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    Answered . Under NJ law, in order for your prior to be counted, you must have a prior conviction in this State or another. Since ARD is a diversionary program, it should only be counted IF you had to plead guilty prior to being admitted into ARD. Most likely you did not. Thus you should be treated as a first offender here in NJ. At this stage though you should look in to hiring a lawyer who wants to fight this NJ case for you, not plead you. Any lawyer can "handle" a DWI, but is that what you want? Or do you want a lawyer who will fight it?

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