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Archive for the ‘ARD Program’ Category
Monday, May 7th, 2012
Drinking and driving is a mistake that is out there within the United States today. Unfortunately, that mistake can leave many individuals with serious injuries, or even dead. When you drink and drive, or drive while under the influence of any drug for that matter you are putting everyone’s safety at risk. However, we as humans are bound to make mistakes here and there, even when it comes down to committing a crime. Even when you commit a DUI crime you have options as well in order to better the situation at hand. That option is the ARD Program.
The Facts About ARD
ARD, which stands for Accelerated Rehabilitative Disposition, is a program that tries to help first time DUI offenders back on to their feet after their crime. After an individual has been convicted of their first DUI they have the opportunity to participate in the ARD program. Many people can participate in this program versus serving time in jail, but most do it in order to have their DUI charge expunged from their record. However, if a later DUI charge, and conviction occurs the former conviction will reappear on that individual’s record.
What You Can Expect With The ARD
When you commit to the ARD program you are committing to make sure that you are not hurt professionally, and even socially from your DUI conviction. However, you will have to abide by the rules of the program, which can sometimes impact an individual’s life greatly. Aside from paying fees, reporting in when needed to the appropriate entity, and participating in sessions, individuals also must have an ignition interlock device installed in their motor vehicle. An ignition interlock device requires the driver of the motor vehicle to blow into a tube that registers their blood alcohol content level. If the BAC score is above a certain score, which may be set at or below the legal limit of .08, the vehicle will not start.
The ARD program is something that individuals in the past, present, and future all have to be thankful for when it comes down to their DUI charge, and conviction. Make sure if you feel that you have the option to participate in the ARD program that you consult an attorney to know what all the options you have. If you feel that you have been charged falsely, or under wrongful circumstances make sure to get an experienced DUI attorney on your side today.
When you have been charged with a criminal offense, you want an experienced defense lawyer protecting your rights every step of the way. I am attorney Michael V. Worgul, and from my offices in Pittsburgh, I have dedicated my entire career to criminal defense. Having handled over 1,000 cases, I know what to expect in court and I am not afraid of a challenge. To start your case call 1-855-DUI-CRIM today!
Tags: DUI lawyer in Pittsburgh
Posted in ARD Participation, ARD Program | Comments Off
Thursday, April 12th, 2012
We as individuals are prone to make mistakes whether you accept it or not. On a daily basis we are met with the world and everything that it holds for us: the good, the bad, and just the plain ugly. When an individual drinks and drives they are putting everyone at a heightened risk of a car accident, injuries, and even death. A DUI is one mistake that you simply cannot apologize for and everything goes away. When you face a DUI charge, or conviction many aspects of your life can change in the blink of an eye such as your employment, your opportunities, and even what activites you can participate in such as travel.
However, as we all know forgiveness is an aspect of our lives that cannot be too far away even for DUI offenders. When you have committed a DUI crime and have been charged and convicted you have the option to participate in the ARD program, or Accelerated Rehabilitative Disposition program. This program helps rehabilitate those individuals who are first time DUI offenders clear their permanent record, and completely make a turn around in order to get back on their feet.
One aspect of the program that seems to be gaining a few more questions lately thanks to the current state of the economy is the actual price of the program. Naturally, the program is designed to basically expunge a DUI from an individual’s record, which is costly enough as it sounds. However, Pennsylvania wants to give all of its residents an equal opportunity in order to participate in such a program.
Most of the time, many courts and counties within Pennsylvania will try and work with those that do not have enough of a substantial income so that they may be able to participate in the program as well. Although only two counties within Pennsylvania waive the overall fees for individuals who are deemed financially incapable of participating in the program independently, individuals who need some help can rely on some substantial support from the court of law.
When you are charged or convicted with drinking and driving you need options in order to make sure that your life is not thrown off balance. Make sure when facing a DUI that you contact an experienced, and committed DUI attorney in order to get the results you not only need, but also deserve.
When you have been charged with a criminal offense, you want an experienced defense lawyer protecting your rights every step of the way. I am attorney Michael V. Worgul, and from my offices in Pittsburgh, I have dedicated my entire career to criminal defense. Having handled over 1,000 cases, I know what to expect in court and I am not afraid of a challenge. To start your case call 1-855-DUI-CRIM today!
Tags: Pittsburgh DUI Attorney
Posted in ARD Program, DUI | Comments Off
Friday, February 3rd, 2012
Today, one aspect that seems to control our country in one way or another is that of our political machines and elected officials. These individuals are more than just public officials, but also the faces of our local, state, and federal government. Their names might give an idea of what they physically look like, or where they are from, but it more importantly gives us access to who they are and what they stand for. When an official is elected we want the individual that we can count on in times of harmony and chaos. Yet, what happens when we do not know all that could occur with that individual we elect?
Judges are individuals who, in some cases, can decide future factors that impact an individual’s life greatly in the court of law. So their decisions are that of utter importance, and took a clear mind. However, one judge obviously did not take his duties to heart one day and was pulled over for swerving while driving. The officer then approached the judge in order to investigate the situation and individual. From that, he not only smelled alcohol on his breath, but the judge also failed the field sobriety examinations he was given.
The judge was scheduled for a court hearing, but thanks to the Accelerated Rehabilitative Disposition (ARD) Program he now can easily get his DUI charges wiped clean from his slate.
A DUI is a serious matter that can affect an individual’s life now and later. Without such programs as the ARD program, many individuals would face the possibility of their employment being terminated, having a suspended license, inflated insurance rates, and could even have a visit to their local jail for an extended period of time.
Even though the program is one to help rehabilitate individuals in order to get them back on their feet in more than one aspect individuals should not take advantage of this option, especially that of elected officials. Our political figures are that of our community and when they make a mistake it is similar to our own community making the same error. Our officials should remember that no matter their political stance or position they represent the people that live amongst them.
When you have been charged with a criminal offense, you want an experienced defense lawyer protecting your rights every step of the way. I am attorney Michael V. Worgul, and from my offices in Pittsburgh, I have dedicated my entire career to criminal defense. Having handled over 1,000 cases, I know what to expect in court and I am not afraid of a challenge. To start your case call 1-855-DUI-CRIM today!
Tags: Pittsburgh DUI Attorney
Posted in ARD Program | Comments Off
Thursday, October 6th, 2011
Many people are confused about whether or not their completion of the ARD (Accelerated Rehabilitative Disposition) program counts as a conviction towards their DUI charge. Unfortunately, there is really no definite answer to this question. Initially, the ARD program is designed for first time DUI offenders as a second chance. If the first time offenders went through the ARD program, they were generally excused from harsh sentencing, and were able to have the fact that they received a DUI completely eradicated from their permanent record.
Now, many people have begun to abuse the ARD system, and previous offenders are trying to use it as a free ride out of their DUI charge, and possible conviction. People are chiefly trying to go through the program because of the fact they can have a DUI erased from their record. Having the charge removed from their permanent record will allow them to say “no” when a future employer asks them if they have ever obtained any felonies or misdemeanors. Also, the completion of the ARD program in most states is not seen as a conviction, but as a different means for first time offenders to rid themselves of the charge.
The catch with the ARD program is that it is not considered a conviction for first time offenders, but its completion by those who have obtained multiple DUI’s, is a considered a conviction. It is also important to know that the state keeps the information on who has completed the ARD program. The reason the state keeps this information is that while ARD may not be considered an initial conviction, it is considered a first offense when it comes to deciding sentencing for those who have obtained more than one DUI within the last ten years.
Therefore, it is important to know that if you have been charged with driving under the influence, the ARD program is an excellent way to eradicate the offense off of your permanent record, and to move on with your life. However, it is most definitely not wise to seek the completion of the ARD program if you have been convicted of multiple driving under the influence charges; because the completion of such a program after obtaining many DUI’s will be seen as a conviction in the eyes of the court, and will bring you first degree sentencing. The ARD program is an excellent avenue to dispose of your first DUI offense, but if you obtain another driving under the influence charge, be prepared to face devastating consequences.
Tags: DUI Attorney in Pittsburgh
Posted in ARD Program | Comments Off
Wednesday, May 18th, 2011
The Accelerated Rehabilitative Disposition (ARD) program is an important alternative sentencing program that Pittsburgh DUI attorney Michael V. Worgul has frequently used to help Pennsylvania residents avoid the harsh consequences of a driving under the influence (DUI) conviction. Participation in the ARD program permits a driver to avoid jail time and substantially reduces the duration of a person’s driver’s license suspension. If the program is successfully completed, the driver also does not receive a “conviction” for DUI but this can change if the driver is subject to a subsequent DUI conviction. Once the requirements of the program have been satisfied, DUI charges are legally dismissed and may be expunged from a person’s criminal record. The ARD program is considered a diversionary first-time offender program.
What would occur if a driver is admitted into the ARD program after a Pennsylvania conviction, and then the same driver is convicted of a DUI offense in another state? Would such a subsequent out of state DUI conviction affect a client’s Pennsylvania driver’s license? Arguments have been raised in the appellate courts that out of state convictions should not affect a Pennsylvania driver’s license.
In the case of Commonwealth DOT v. Youschak, 2010 Pa. Dist. & Cnty. Dec. LEXIS 251 (Pa. County Ct. 2010), the driver was admitted into the Accelerated Rehabilitative Disposition (ARD) program after he was cited for driving under the influence of alcohol (DUI). At that time, his driving privilege was suspended for 30 days. Thereafter, the driver was convicted of another DUI offense in Ohio. The DOT mailed him an official notice of suspension (ONS) of his driving privilege for a 12-month period, and he appealed. After a hearing, the court found no cause to exclude the driver’s out-of-state convictions, his certified driving history, and the ONS, as references contained therein comported with the Driver’s License Compact. This is an agreement between states to share information regarding DUI convictions. As the driver’s second offense occurred within 10 years of the first one, he had a “prior offense”. Because the offense in Ohio was one that was substantially similar to the Pennsylvania DUI offense, the court concluded that the imposition of the 12-month suspension was proper. The court dismissed the driver’s appeal, and affirmed and reinstated the suspension imposed by the DOT.
The Youschak case makes it clear that if a Pennsylvania driver is convicted of a Pennsylvania DUI then even a conviction in another state, an out of state conviction for DUI, will result in a suspension of a person’s Pennsylvania driver’s license by the Pennsylvania DOT. A driver is entitled to a hearing to determine if the out of state DUI conviction should be excluded, nevertheless, once admitted or not excluded by the court, then the DUI can and likely will be used against a Pennsylvania driver. This means that a driver who has been permitted to participate in the ARD program must be careful to avoid a subsequent DUI conviction when driving out of state on vacation or business. This subsequent conviction can result in removal from the ARD program, and the offense for which one was allowed participation in the ARD program will be considered a “prior DUI conviction” for sentencing purposes.
Pittsburgh criminal defense attorney Michael V. Worgul represents those accused of DUI in Pittsburgh as well as throughout Allegheny County and western Pennsylvania. If you are facing DUI charges, the consequences can be significant including jail time, substantial fines, probation and other penalties.
Our experienced DUI law firm has helped many Pennsylvania residents avoid these severe consequences so contact us today at 1-855-DUI-CRIM.
Tags: Accelerated Rehabilitative Disposition (ARD), Pittsburgh DUI Attorney
Posted in ARD Program | Comments Off
Sunday, February 27th, 2011
An arrest for DUI in Pennsylvania is a serious charge that can have a significant long-term impact on your reputation, career and freedom. The Accelerated Rehabilitation Disposition (ARD) program is an option for some first time DUI offenders in Pennsylvania. The ARD program is a diversion program that can prevent you from serving jail time and allow your arrest to be expunged if you successfully complete the program. This means not only do you not have a conviction for DUI on your record, but it also will be as though you were never actually arrested for DUI. While the ARD program may be a good alternative for many Pennsylvania DUI offenders, it is not available in all situations and may not be the right option for you if you have a strong possibility of successfully obtaining a dismissal or acquittal of your DUI charge. An experienced Pennsylvania DUI attorney will assess your situation and can advise you on whether you qualify for the ARD program as well as whether it is an advisable option for you.
The ARD program is not available to those convicted of a first time DUI offense if certain sentence enhancements or aggravating factors are relevant to his or her case. If you are involved in an accident that caused serious injury or death to another person, you are not eligible for the ARD program. You also are ineligible for ARD if you had a child in your car under the age of fourteen when you were arrested for DUI. Although the program is designed for first time DUI offenses, a DUI offense that is over ten years old may not disqualify you from ARD. If your DUI resulted in an accident with property damage or minor injuries, the victim must also be notified and has a right to object to your participation in the ARD program.
While the ARD program has a number of advantages, it is not a forgone conclusion that you should participate if you qualify. You may have a valid defense to your DUI charges based on the officer’s conduct, issues related to chemical testing or other grounds. Even though successful completion of the ARD program permits you to have your criminal record expunged, a subsequent conviction within a ten-year period will be considered a repeat offense. The penalties for second and subsequent DUI convictions in Pennsylvania are increasingly more draconian so it is better to have your case dismissed or be acquitted at trial if this is feasible. Your Pennsylvania DUI defense attorney will advise you regarding the possibility of successfully obtaining a dismissal or acquittal in your DUI case and whether the ARD program is a better alternative given the specific facts of your DUI case.
The ARD program is much like probation for a DUI. You will be subject to supervision for two years while participating in ARD. If you successfully complete the program the charges will be dropped and you will have a clean record. You must complete all of the requirements of your ARD program, which includes reporting to supervision meetings, attending DUI school, paying restitution and satisfying any other court requirement. If you fail to successfully comply with ARD program requirements, your original DUI charges will be reinstated. The bottom line is that the ARD program can be an important way to avoid the serious long-term consequences of a DUI conviction, but only an experienced Pennsylvania DUI attorney can advise you about whether the program is a good option in your case.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me, Pittsburgh DUI Defense lawyer Michael V. Worgul, directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: first time DUI in Pittsburgh, Pittsburgh DUI Defense Lawyer, What is ARD?
Posted in ARD Program, First Time Offenders | Comments Off
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