ARD Would be a Good Option for Dina Lohan after her First DUI Arrest
Dina Lohan, mother of troubled star Lindsay Lohan, recently experienced some legal drama of her own after being pulled over on September 12th in Long Island, NY for doing 77 mph in a 55 mph zone. During the stop it was discovered that Dina's blood alcohol content was .2%, more than twice New York's, as well as Pennsylvania's, legal limit of .08%. Dina's formal arraignment will be held on September 24, 2013. However, it is likely that her attorney is already trying to work out a plea deal for her. If Dina had received her DUI in Pennsylvania, she likely would have been eligible for the ARD program, as she is a first-time offender with no prior record of any crimes.
Driving Under the Influence is a serious crime. Not only can a conviction result in fines, license suspension and jail time, it will also remain on your record and affect your ability to find a job and even own a firearm. ARD is a diversionary program that will help you avoid a Driving Under the Influence conviction.
ARD stands for Accelerated Rehabilitative Disposition and is primarily reserved for first-time DUI offenders, as well as those first-time offenders charged with theft and simple assault. It is offered in most counties in Southwestern Pennsylvania. ARD can keep you out of jail, prevent a one-year license suspension, and avoid a DUI conviction that will show up on your record for years to come. Successful completion of the ARD program generally involves probation, payment of fines and costs, completion of alcohol safety school, and a shortened period of license suspension. Given Dina's .2 BAC, with the ARD program, she would be looking at a 60 day license suspension and 6 months of probation. She also would be required to pay all of accompanying fines and complete the required classes.
Several requirements must be met for an individual to qualify for ARD. An applicant must not have had a DUI conviction or participation in the ARD program within a 10-year period prior to the current DUI offense. The accused must not have been transporting a child under the age of 14 and if there was an accident it must not have resulted in serious injury or death. The district attorney must approve an applicant's entry into the program. Many times, applicants who are initially denied admission to the program are admitted after their attorney negotiates entry for them.
Failure to complete the program, such as by not paying required fines, failing to attend the required treatment classes or programs, or by violating probation in any way, will cause a participant's ARD privileges to be revoked. They will be sent back to stand trial for their charges and they will be exposed to all the statutory fines, penalties, and jail time associated with a DUI charge charges. Contact McMorrow Law, LLC at 724-940-0100 to speak with our experienced DUI attorneys about the ARD program and whether it is right for you.