First Time DUI Offenders No Longer Eligible For ARD in NorCo

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. 

DA Memo on New ARD Policy for DUI by BernieOHare

West Easton DUI Center Held Up By $150

West Easton Borough Council has given a green light to a 100-bed DUI facility, but Northampton County Council members and Executive John Stoffa are still hung up on a $150 "temporary resident fee" for every person who lives there. Stoffa had a meeting scheduled with Borough officials, but had to cancel as a result of illness. "The only question is the $150 fee," he stated.

Although Ron Angle questioned the constitutionality of this provision in West Easton's ordinance, Solicitor Karl Longenbach told Angle that the fee serves a "rational purpose." Lamont McClure, whose day job is as an asbestos attorney, questioned that conclusion. "I can't imagine a court would impose a sentence that is held up by what is essentially an occupancy permit," he argued.

Angle and An McHale suggested it would make more sense to impose an annual fee based on each bed.

"Why are we hung up on this?" asked Angle.

The paperwork involved in assessing a fee for each resident would create a bureaucratic nightmare. Stoffa is hopeful that West Easton officials will agree to some other kind of impact fee.

Do Pa.'s Tough DUI Laws Work?

Are Pennsylvania's strict drunk driving laws working? They sure keep DAs busy. According to Northampton County DA John Morganelli, thirty-six per cent of his caseload last year consisted of alcohol-related arrests. This year, it's forty-four per cent.

"That's a huge increase in a short time," remarked Morganelli. It appears that, instead of deterring people, this lower 0.08 BAC is actually leading to more arrests.

But you can pick up a six-pack at Wegmans.