ARD a Second Time

By | December 3, 2013

ARD a Second Time

Can I get ARD a second time? You can get ARD twice. ARD is always at the discretion of the District Attorney so long as they do not discriminate due to race or gender. However, there are many rules concerning ARD twice.

The relevant portion of the statute, sec. 3807(a)(2), states:

(2) The attorney for the Commonwealth shall not submit a charge brought under this chapter for Accelerated Rehabilitative Disposition if any of the following apply:

(i) The defendant has been found guilty of or accepted Accelerated Rehabilitative Disposition of a charge brought under section 3802 within ten years of the date of the current offense unless the charge was for an ungraded misdemeanor under section 3802(a)(2) and was the defendant’s first offense under section 3802.

(ii) An accident occurred in connection with the events surrounding the current offense and an individual other than the defendant was killed or suffered serious bodily injury as a result of the accident.

(iii) There was a passenger under 14 years of age in the motor vehicle the defendant was operating.

Therefore, if you had ARD for a general impairment case or if your previous ARD for DUI was completed more than ten years before the current incident, you can lawfully get ARD a second time. Note that this statute does not talk about ARD for other offense not DUI, nor does it talk about convictions for offense not DUI.

I have gotten folks ARD twice many times. Its a tough sell though.

ard twice

ard twice

 

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