How do I go about applying to be accepted into the ARD program?
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How do I go about applying to be accepted into the ARD program?
Asked on February 13, 2011 under Criminal Law, Pennsylvania
Answers:
Jonathan Stanwood / Law Office of Jonathan H. Stanwood, LLC
Answered 13 years ago | Contributor
That answer is partially accurrate. Most counties (if not all) have local procedures and there is usually an application into the program. You should check the local rules of criminal procedure to see. The ARD program can be offered for other types of crimes too, not just DUI.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Here is what I have found:
Only first time DUI offenders may be eligible for the ARD program. The district attorney makes the decision as to whether or not a person will be admitted into the ARD program. Just because you are facing a first offense DUI charge does not mean that you are automatically admitted into the ARD program. You will not be eligible for the ARD program if your DUI caused serious injury to anyone other than yourself or if there was a fatality involved. You will not be admitted into the ARD program if you had a child under the age of 14 in the vehicle at the time of the DUI stop. If either scenario applies in your case, you will have to go through the criminal court system for the DUI.
So your attorney needs to speak with the prosecutor assigned to your case. Good luck.
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