Tag Archives: ARD in Lancaster

A.R.D.(Accelerated Rehabilitative Disposition) is a program designed as an alternative to trial, conviction and possible mandatory jail sentence.  Upon successful completion of the program, charges are dismissed.The benefits of ARD include:

-No jail time.

-No criminal record.

-A significantly shorter driver’s license loss.

Some of the negatives about ARD are:

-It’s expensive- In Lancaster County there is a $600 initial fee payable to the County of Lancaster, followed by additional expenses once accepted into the program.  Total costs can be slightly different for each case but plan to spend between $2,000 and $2,500 throughout the term of the program.

-You have to give up important rights, such as the right to a speedy resolution of your case and the right to have a preliminary hearing.  You also lose the right to challenge any aspect of the Commonwealth’s case against you.

-The requirements of ARD are not easy- it usually includes community service and completion of an Alcohol Highway Safety class in a timely fashion.

You should speak with an experience attorney before making the decsion whether to enter into the ARD program.

ARD REQUIREMENTS

Within 30 days from the date of the complaint, you must do the following:

1.   Appear before the Magisterial District Judge to WAIVE your preliminary hearing.

You will receive a preliminary hearing date from the Judge’s office.   Your attorney should send a letter of representation to the assigned Judge to inform him or her that you have discussed the case and that you will be appearing to waive your hearing with the intention of applying for the ARD program.  When you do appear, the Judge’s staff will be expecting you and should have everything ready for you to sign.

2.   Complete an ARD application and submit it to the Office of the District Attorney.

Your attorney should do this for you.   Your attorney will already have most of the information needed to submit your application.  .

3.   Schedule a CRN (Court Reporting Network) evaluation.

Your attorney should schedule the CRN evaluation. If the scheduled date conflicts with your schedule, just contact your attorney and they can rescheduled for you.

Within six (6) months from the date of the complaint, you must do the following:

 

1.  Complete the CRN evaluation.  If the assessment indicates a need for additional treatment, that treatment must be scheduled with a licensed treatment program.
2. Successfully complete the Alcohol Highway Safety School.  There are four (4), 3.5 hour long classes. Do not be late.  If you arrive late, they won’t let you in and you may be forced to repeat the classes.
3. Complete Community Service.
4. Pay $600.00 to the Lancaster County Treasurer’s Office.

After you have successfully completed the above requirements, you will be scheduled to come to Court and be accepted into the 12 month ARD program.  It is at this hearing that you will lose your license for 30, 60, or 90 days.  Following completion of ARD, you will be entitled to petition to have your record expunged.

Occasionally, unforeseen problems will arise along the way with your application or some other aspect of the ARD requirements. Your attorney should be available to troubleshoot these problems and keep you on track towards your goal of completing the program.

By Ed Pfursich, Esquire.

The Driving Under the Influence (DUI) law in Pennsylvania carries serious consequences. A conviction can affect your driver’s license, your job, and your freedom. If you have been charged with a first offense DUI in Lancaster County or anywhere in the Commonwealth of Pennsylvania, the first thing you have to do is understand your options. I tell my clients that you basically have three (3) choices:

1. You can plead guilty and accept the punishment. This usually means going to jail for either 48 or 72 hours, as well as at least a one (1) year loss of license and a permanent criminal record. I usually advise against this option, or at least suggest that we engage in plea negotiations to try to reach a less severe resolution.

2. You can fight the charge. This means going to court and contesting the allegations. There are several ways to fight a DUI charge. Even a client who admits that he was too drunk to drive may have certain avenues of contesting the case. For example, did the police officer have probable cause to conduct the traffic stop that led to the DUI charges? If not, the entire case can be thrown out. Did the police officer follow proper procedures when obtaining a blood or breath sample? Again, if not, the results of those tests can be suppressed (excluded) by the Court. There are a number of other ways that an attorney can attack a DUI prosecution (too numerous to list here).

3. You can apply for a “diversionary program.” In Lancaster County the Office of the District Attorney may offer DUI offenders the ARD program under certain circumstances. ARD stands for Accelerated Rehabilitative Disposition. The benefits of ARD include:

-No jail time.

-No criminal record.

-A significantly shorter driver’s license loss.

Some of the negatives about ARD are:

-It’s expensive- In Lancaster County there is a $600 initial fee payable to the County of Lancaster, followed by additional expenses once accepted into the program.

-You have to give up important rights, such as the right to a speedy resolution of your case and the right to have a preliminary hearing.

-The requirements of ARD are not easy- it usually includes community service and completion of an Alcohol Highway Safety class.

When faced with these choices many of my clients who are eligible for the program chose the ARD option. It’s the safer more predictable choice. Fighting the charge is usually an all or nothing gamble. Either you win and are found Not Guilty or you lose and have to deal with all the consequences of a criminal conviction. However, in some cases, fighting the charge is the best option and I’ve had many clients achieve favorable results by contesting the charge.

If you’ve been charged with DUI, the best thing to do is to consult with an experienced attorney who can review the specifics of your case and advise you as to the best course of action. Every case is different and every client is different. Doing research on your own is a good first step but with such high stakes, you need to talk to an expert.

*Attorney Ed Pfursich (Fur-sik) is a former Lancaster County prosecutor who now practices primarily criminal defense at The Cody Law Firm in Lancaster, Pennsylvania.