Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. I certainly understand the situation and your concern. Yes, what the attorney told you is true. The reason why it is true is that the Second Time Offenders Program (STOP) is a PRE-SENTENCE
drug and alcohol treatment program, not a post-trial sentence which can be imposed. The purpose of a defendant entering into it is to avoid the trial process altogether and to expedite the resolution of the case. Moreover, to be eligible for it, a second offense for Driving Under the Influence is defined as a second arrest for Driving Under the Influence within 10 years or less between the date of sentence (including Juvenile
adjudications and ARD dispositions) on the prior DUI offense and the date of offense on the current DUI arrest. If you go to trial and lose, you will have two convictions/adjudications on your record at that time. Programs like this need to be elected prior to trial. Every defendant has a legal right to make the State prove the charge against them beyond a reasonable doubt. However, if they lose at trial, they can not elect the program, which was first available to them.
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