There's been a recent change in the NorCo DA's office concerning a special program for first offenders called Accelerated Rehabilitative Disposition. (ARD). Under this program, a first offender for a minor crime can avoid the stigma of a criminal conviction by agreeing to probation for a period of months and any other conditions deemed appropriate. After successful completion of the program, charges are dismissed. This program is administered by the District Attorney, and eligibility is at his discretion. The crime of Driving Under the Influence has typically been among the kind of offense considered appropriate for ARD. It's been a moneymaker for the county, too. The ARD fee for DUI in NorCo has been $2,675. But this is changing. According to an August 26 Memo from DA Steve Baratta to President Judge Craig Dally (you can read the memo below), ARD will no longer be available to DUI defendants. This new policy will start September 15.
This change was brought to my attention by a reader who chided me for failing to report it. I was unaware of the change.
Baratta's new policy is a reaction to a recent Pa. Supreme Court ruling that considering ARD as a prior offense for purposes of sentencing enhancement is unconstitutional notwithstanding that the Vehicle Code specifically provides that participation in an ARD program must be considered a prior offense.
Instead of accepting ARD applications for first time DUI offenders, the DA will allow most defendants to plead guilty to DUI at its lowest level, called general impairment. Defendants who plead guilty will be sentenced to six months of probation and a $350 fine. They can keep their driver's license. They will have the stigma of a criminal conviction, but that can be expunged after seven years.
The DA notes that, in some ways, this will be less onerous than ARD. It will cost a Defendant far less than ARD and he will still be able to drive. But the plea must be made at the time of arraignment.
