Skip to main content

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

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

Posted

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.

Mark as helpful

1 found this helpful

6 lawyers agree

1 comment

Asker

Posted

Thank you Greggory. I know that I was never was convicted of a crime, and the criminal court charges were dismissed. I represented myself after I fired my lawyer who sent his partner to Magesterial court and couldn't get a .03 BAC dismissed before it went to county. That was $2k. I fired him, and represented myself so am very familiar with PA laws, For fun, I asked him how much he charges for expungements and he said $800. I did myself, but know about the software that was written by the group in phillly for low income residents that a paralegal can upload from dockets and bang out in 5 minutes. This one is a 0.0% BAC, but I failed an FST when it was 15 degrees out and a DRE said I had a high pulse. I wasn't under influence/intoxicated, but I got an NJ DUI 13 years ago and the step down between a first and third is obviously enormous. I am certainly retaining an attorney because of this, but know the margins go up as the stakes do. The Superlawyers, only one who I was fond , told me it was a first. Some said third. I also had a second. I am not price shopping, just looking for the most competent representation.

Posted

It will be considered a second offense DUI/DWI

Mark as helpful

1 found this helpful

4 lawyers agree

4 comments

Asker

Posted

I asked a few high-profile NJ DUI attorneys today and also told them about ad DWI I received 13 years ago. They all quoted me a price as a first time offender (very loose case not involving alcohol), but not a second, or third. Why would that be then?

Asker

Posted

Thank you

Christopher J Basner

Christopher J Basner

Posted

In Pennsylvania, entering ARD may be considered a conviction in the context of having ARD revoked due to a second DUI while on ARD.

Christopher J Basner

Christopher J Basner

Posted

But, in NJ, a PA ARD should not count; thus you face a first offense in NJ now.

Posted

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.

Mark as helpful

5 lawyers agree

2 comments

Asker

Posted

Charged and I wasn't intoxicated or under the influence,and know I need to get a lawyer to gets video/audio and discovery/to show my FST, when it was 15 degrees outside and I was in a suit and dress shoes, was nonsense. I am looking at a different lawyer now as well, who I can tell is going to be more expensive, even though not Top 100. Not price shopping, but for comfort and need to figure out how much stock to sell to pay for. We talked for an hour, then he is doing another hour free consultation on Monday when he said he would give me flat fee based on NJ offense #

Christopher J Basner

Christopher J Basner

Posted

Hopefully a request to preserve the video was made for your sake. The most expensive DWI attorneys, from what my client's tell me, charge $10,000. There are attorneys that only charge $1,500, however, when talking with them in court, they do not appear to know all of the defenses. There are over 20 ways to beat a NJ DWI; find out all of them for your sake. You can also check out blogs for attorneys that defend DWI charges; that will give you an idea of what they know. You can get a very good DWI lawyer for less than $10,000....

Posted

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

Mark as helpful

1 found this helpful

4 lawyers agree

Posted

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 matter, this Firm's opinion, suggestions and answers are not guaranteed. Further, the Law Firm's answer does not create an attorney-client relationship. An attorney-client relationship will only be created through a fully executed retainer agreement.

Mark as helpful

1 found this helpful

6 lawyers agree

Posted

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 advice which requires a consultation with a lawyer. This response does not create an attorney-client relationship.

Mark as helpful

1 found this helpful

4 lawyers agree

Posted

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?

Mark as helpful

1 found this helpful

1 lawyer agrees

1 comment

Asker

Posted

Steve, You reputation proceeds you. To be honest you are the only heavy hitting DUI lawyer in the state that I have not contacted, and I had decided to go with someone local, but in the retainer I was sent there is an enormous price step up depending on this. I never plead guilty to the charges, but my status was deferred adjunct.. I fired my PA lawyer after district court and represented myself because he sent his partner to court without notifying me, did absolutely no discovery, and just collected $1500 as a retainer. There were so many holes and lies in the officer's FST testimony, affiadavit of probable cause, and final report. (Including embelishment about my condition, events that took place, and distances used. He was precise as 1/2 inch about my FST but 90 ft off when describing the distance of my car traveling in a parking lot-it was 30 ft and involved a parking fender bender so significant and measureable. He failed to mention I had been in a car accident earlier in the day, where an airbag deployed against my head, and my bac was .03) I wanted this guy's badge after the ADA gave it to me and I reviewed. He suggested ARD to me without me even requesting it most likely because he had no case, which I stupidly took but I didn't want to risk a misdemeanor and was very distrustful of the local legal community. Do you have a statute or precedent that you would use to define this non-conviction to the Prosecutor as a first offense? If so I will call you right away. The lawyer who I am about to retain is a fighter and a very good one. He is a good guy too who has been doing this a long time and has been very successful at it. I am the type of person who will review cases and state codes until I find something I think is applicable to my situation. If you have either, and I am not saying to give it to me on here. Please let me know because I will call you asap and it will probably win you my business if you are within the same price range as the other top guys in the state.

DUI topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics