Norristown DWI Lawyers
- Solomon, Berschler, Warren, Schatz, Flood & Monaghan:
The Benefits of Pennsylvania's Accelerated Rehabilitative Disposition
Program
The Accelerated Rehabilitative Disposition program is a unique
opportunity, and one simple mistake could affect your chances of getting
into it. The program offers many advantages, including:
* Resolution of your DUI charge through the program is not
considered a conviction * You avoid jail time by performing
community service * Your driver's license is suspended for less time
than if you were convicted of a DUI * You participate in safe
driving classes and possibly an alcohol-awareness program
If you participate in the Accelerated Rehabilitative Disposition program
for 12 months, you will be able to complete your probation with no
criminal conviction.
- McMahon & McMahon:
There is no question that drunk driving, now referred to in Pennsylvania
as ÒDriving While ImbibingÓ is a serious criminal offense in the
Commonwealth of Pennsylvania. In recent years the Pennsylvania
Legislature enacted new DUI sentencing laws resulting in more lengthy
mandatory jail sentences and drivers license suspensions for individuals
convicted of this offense.
There is no question that drunk driving, now referred to in Pennsylvania
as ÒDriving After ImbibingÓ is a serious criminal offense in the
Commonwealth of Pennsylvania. In recent years the Pennsylvania
Legislature enacted new DUI sentencing laws resulting in more lengthy
mandatory jail sentences and drivers license suspensions for individuals
convicted of this offense.
a four-pronged focus of analysis:
1) evidence of unsafe driving
2) legality of the initial police vehicle stop
3) reliability of field tests
4) admissibility of chemical testing results
The successful defense of a drunk driving case is dependent upon the
correct identification and employment of the best defensive strategy
based on this careful analysis. Mr. McMahonÕs results speak for
themselves.
ACCELERATED REHABILITATIVE DISPOSITION
An individual charged with a first-offense ÒDriving Under the InfluenceÓ
now referred to as ÒDriving After ImbibingÓ may be eligible for the
A.R.D. Program. This program is an excellent alternative outcome for
persons charged with ÒDriving While ImbibingÓ for the following reasons:
1) no jail time
2) no criminal conviction, and
3) minimal license suspension
There are certain prerequisites for admissibility into the A.R.D.
Program which must be requested by defense counsel through a formal
application at or after the preliminary hearing stage. These
prerequisites include:
1) no accident involving serious injuries
2) no prior criminal convictions
3) no prior A.R.D. dispositions within ten years
4) no aggravating circumstances in defendantÕs interaction with the
police
A great advantage of the A.R.D. Program is that the Driving After
Imbibing arrest and all police and court records related thereto may be
ordered by the Court to be expunged and destroyed upon the filing by
defense counsel and CourtÕs granting of a Motion to Expunge.
In summary, statistically the vast majority of persons arrested by the
police in the Commonwealth of Pennsylvania are arrested for the offense
of Driving After Imbibing. Based on the serious penalties for this
offense and license suspension, anyone charged with Driving After
Imbibing should retain experienced and aggressive legal counsel.
- Francis Walsh: Unpaid traffic tickets can lead to a warrant being issued for your arrest. If you have an outstanding warrant and are pulled over, you will go directly to jail. Do not wait until it is too late to contact an experienced attorney.
- Henry Hilles: Being convicted of drunk driving in Pennsylvania can have serious and lasting consequences. Mandatory sentences can include jail time and the suspension of your driver's license. It is important to be fully aware of all your rights and options.
- Basil Beck: DRIVING UNDER THE INFLUENCE (DUI) - Effective February 1, 2004, Pennsylvania changed the law for Driving Under the Influence. The new law may be found at Chapter 38, Section 3801 of the Pennsylvania Motor Vehicle Code. The most important aspect of the new law is that the legal blood alcohol limit has been lowered from a .10 to .08. The State Legislature has also mandated longer license suspensions, greater fines, and increased jail time for a variety of the newly created offenses under the statute upon conviction. With the new law there has also arisen new methods that can be utilized by an attorney on behalf of his client to achieve an aquittal or downgrade on DUI charges. This new body of law is still very fluid and rapidly changing. Anyone charged with the offense of DUI should consult with an attorney that is familiar with these changes and has the requisite skill and experience to implement them to the client's benefit.
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