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If you violate a condition of ARD (Accelerated Rehabilitative Disposition), then the District Attorney’s Office in Delaware County can file a motion with the court to remove you from the ARD program. The most common reasons why the prosecutor would seek to remove the DUI case from ARD include:
If you were notified that the prosecutor with the District Attorney's Office in Media, Delaware County, PA, intends to file a motion to remove you from the DUI ARD program, then contact a criminal defense attorney at Skinner Law Firm. Find out what you need to do right now to protect your rights. Call for a free consultation with Attorney Michael Skinner to discuss the elements of the offense, the potential penalties and important defenses that might apply to your case.
After the District Attorney’s Office files the motion to remove the defendant from ARD, then the court will hold a hearing on the motion. If the court finds that the defendant has violated one of the terms or conditions of ARD, then the court can terminate the defendant’s participation in ARD.
If the court grants the motion, then the DUI prosecution is resumed as if it had never been diverted.
Pa.R.Crim.P. 318(C) provides that a defendant has no right of appeal from an order terminating a defendant's participation in an ARD program. Nevertheless, the Superior Court has held that if the defendant is ultimately convicted of the reinstated DUI charge and a sentence is imposed, that the defendant may then appeal the order terminating the defendant’s participation in ARD.
Removal from the ARD DUI Program in Delaware County — Visit the website of the Court of Common Pleas in Delaware County to find out what happens if the District Attorney's Office files a motion to have you removed from the ARD program. Expect a notice of your next court date in the mail because your case will be put back on the court's docket.
ARD Program in Delaware County, PA — Read more about the ARD program for first-time DUI offenders after an arrest in Media, PA, or the surrounding areas of Delaware County. Find out what kinds of cases are eligible and the cost to complete the program. Find out about the evaluations and classes that need to be scheduled and whether you will be required to take a drug test during the period of supervision. Find out more about the expunction process to hide the ARD record.
If you were charged with a first DUI after an arrest in Media or Delaware County, PA, entered the ARD program, and then found out your case would be rejected from the ARD program because of a new arrest or other violation of the terms and conditions, then contact an experienced DUI defense attorney in Media at Skinner Law Firm.
With offices in Media in Delaware County, DUI defense attorney Michael Skinner can begin your defense today. Call for a free consultation.
This article was last updated on Monday, February 8, 2016.