Gusty A.E. Sunseri & Associates, P.C. Attorneys at Law

DUI Driver hits church: Can I keep him out of Jail?

A recent DUI article in the Trib Live News , reported that a gentleman from Herminie Pennsylvania, slammed into a church will under the influence of alcohol. How far under? Try nearly 4 times. That's right. Mark D. Stevens 44 had a blood alcohol limit of .3 when his car hit the church. Of course the legal limit for driving under the influence of alcohol in Pennsylvania is .08.

So the question is-although we might not keep the man out of hell-can I keep him out of jail? Can a Pennsylvania Driver with a high blood alcohol level avoid being put behind bars? The answer is -possibly yes. If Mr. Stevens has not yet used his ability to obtain Advanced Rehabilitative Disposition , otherwise known as ARD, he might not have to go to jail.

The Pennsylvania Code relating to drunk driving specifically outlines the procedural framework for utilization of the ARD program. As the Code states:

"The program is intended to encourage offenders to make a fresh start after participation in a rehabilitative

program and offers them the possibility of a clean record if they successfully complete the program"

That's right! Not only can you stay out of Jail, but you can avoid the one year suspension of license, avoid a criminal conviction and expunge your record after successfully completing the ARD program.

First, you must qualify. Although there are various criteria that are readily attainable by most people, the foremost criterion is that you have not utilized the ARD program in the last ten years. You must take certain classes, pay a fine and have your license suspended for a period of time. The length of suspension is dependent upon your blood alcohol reading. By the way, Mr. Stevens is in for a long one. I am sure it will feel like hell.

Source:TribLive Article dated 2/4/2012 by Paul Pierce "Herminie Man who Hit Church was DUI"

2 Comments

This is such a good article to read. Stimulating me to read more of your articles. Keep up the good work Hoping more excellent articles from you soon.

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