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Would a person in PA enjoy the ARD Program with all listed incidents listed below in details.

Erie, PA |

1.) Person charged 1/17/14, w/DUI - BAC 2.02
2.) Same person arrested in Ohio on 4/16/14 for Obstructing Offical Police Business & Disorderly Conduct/Public Intoxication.
3.) Same person: 5/01/14, In Ohio: Convicted of one count of: Obstructing Offical Police Business and one count of: Disorderly Conduct/Public Intoxication - Classed offenses in Ohio as Minor Misdemeanors.
4.) DUI preliminary hearing in Pa on the above DUI charge: - all delayed due to the setting up w/a Public Defender.
5.) Defendant is asking to apply for the entry into PA ARD Program.
6.) Question: With the convictions in Ohio on 5/01/15 as listed above and with BAC of 2.02 from PA DUI Arrest. Would the person have any change of being allowed entry into PA's ARD Program?

Attorney Answers 5


  1. Technically, ARD is a first time offender type of program. That being said, admission into the program is entirely withing the discretion of the District Attorney


  2. Paragraph 4 of your lengthy question indicates that you are represented by a public defender who must remain the sole source of information regarding your case. Pose your question to your public defender. He or she can provide you with all the guidance necessary. Good luck.


  3. The best person to answer your question will ne your Public Defender who undoubtedly be familiar with the ARD policies in your county.


  4. ARD is in the sole discretion of the district attorney. The odds of being accepted into the program depend largely on the county the case is in.

    This answer is generally how a lawyer would go about handling a termination of probation hearing. It is not a guarantee that a Court will terminate your probation and does not create a attorney/client relationship between us.


  5. It is really up to the DA's discretion. A big would be how this is approached. If the person is trying to deal with issues with alcohol---they have a better shot. However, if the person believes alcohol is not an issue, they will likely not be getting any breaks.

    This is not intended as individual legal advice and there is no attorney client relationship established by this answer. It is advisable that you seek individualized legal assistance. This is not a substitute for hiring an attorney.

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