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Hershey DWI Lawyers

1. Walk, Brian:
2. Morgan, Dean: What is A.R.D.? ARD is the Accelerated Rehabilitative Disposition program. It has been authorized by the Pennsylvania Supreme Court as a means of giving first time offenders the opportunity to start fresh without a conviction. Who qualifies? While every District AttorneyÕs Office has different standards for recommending admission, the program is generally available to first time offenders who do not have a criminal record. How does it work? At a preliminary hearing, a Magisterial District Judge (MDJ) will determine if there is sufficient evidence to bind the matter over to the Court of Common Pleas. If the MDJ makes such a determination, you and I will work together to file an application with the District AttorneyÕs Office of the county where charges are brought. The District Attorney will reviewing the pertinent facts of the case, notify any victim of the offense, and review your background to determine whether or not he will make a recommendation to admit you into the program. In the event that you not admitted into the program, your case will proceed to trial. If the District Attorney decides to recommend your admission into the program, you and I will be notified of the date and time of a court hearing where the Court will determine, based upon the recommendation of the District AttorneyÕs Office, whether you shall be admitted into the ARD program. What happens at the ARD hearing? The Court will decide if you are eligible for admission to the ARD program and understand the specific details of the program. Specifically, the Court will determine if you understand the following: 1.ARD offers you an opportunity to earn a dismissal of the pending charges. 2.If the Defendant fails to complete the ARD program, you can, and will, be tried for the offense(s). 3.You must waive the applicable statute of limitations as well as the right to a speedy trial during the period of enrollment in the program. 4.Specific requirements as agreed to by you and the district attorneyÕs office as to the conditions of the program (community service, fees, etc.) Assuming that the Court is satisfied that you understand the program and that you agree to comply, the Judge will enter an appropriate order granting you admission into the ARD program. What happens next? If you are permitted into the ARD/DUI Program, your obligations will be: 1.Pay an ARD Fee prior to entering the ARD Program; 2.Complete a 15 hour DUI school 3.Complete Community Service. 4.Pay for and obtain an Alcohol evaluation, and if counseling is recommended you must complete such counseling and provide proof of discharge. 5.The ARD/DUI license suspension is based on your blood alcohol level oLess than .10 BAC Ð No Suspension o.10 to less than .16 BAC Ð 30 day Suspension o.16 BAC and above Ð 60 day Suspension oIf you refused the BAC test or were under the influence of a drug other than alcohol or an accident occurred, your suspension will be 60 days. oMinor at time of offense - 90 day Suspension oCDL will be disqualified for 1 year/ 3 year with hazmat What if I believe the police made a mistake when arresting me? If the police violated your rights during the traffic stop and evidence should be suppressed, it may be in your best interest not to apply for the ARD program or to withdraw your application and file a motion to suppress evidence.