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Nearly three years ago I had a DUI in PA and it was the

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lowest tier. I completed ARD...
Nearly three years ago I had a DUI in PA and it was the lowest tier. I completed ARD. I never went and got it expunged, however in August of this year I got charged with a first offense incapable of safe driving. What really happens? Should I honestly be worried? The dui I went to ard for shouldn't go against me since a BAC DUI is a different charge than incapable of safe driving, right?
Submitted: 1 year ago.Category: Criminal Law
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11/24/2016
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
Experience: Attorney and Counselor at Law
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Hello. I will help you today. I have been an attorney for 27 years. I am reviewing your question and will be back to you shortly.

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Customer reply replied 1 year ago
Is there any further information you need that will help you answer this?
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

When you say you were charged in August for a first offense "incapable" of safe driving, is this the exact wording of the charge?

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Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

Can you explain what happened in August and if you are still in court with this case?

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Customer reply replied 1 year ago
Dui general imp/incapable of driving safely first offense
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

Thank you

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Customer reply replied 1 year ago
But the offense said unintentional death. No one died. No one was hit, there was no accident either.
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

On your ARD, was the case dismissed?

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Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

Is the August case still open?

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Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

Sorry. Just read the letter. You are going to court.

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Customer reply replied 1 year ago
I Have my preliminary on Monday and my public defender is hard to reach.I was driving and two cops were walking across the street so I stopped as soon as I saw them shine a flashlight and I got my blood drawn after failing a sobriety test. Limit in Pa is .08 and I was .04
Customer reply replied 1 year ago
I completed ARD but never went and got my record expunged. My BAC DUI was May 2014
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

Did you ever move for an order of dismissal in the 2014 case?

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Customer reply replied 1 year ago
I did not. But I did complete all ARD requirements and have proof I did.
Customer reply replied 1 year ago
My only HUGE question is can a BAC DUI be used against me if this is a separate charge?
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

It is good that you completed the requirements. I am concerned however that you did not move or an order of dismissal or expungement. What county was the 2014 case in?

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Customer reply replied 1 year ago
Dauphin county
Customer reply replied 1 year ago
But different charges can't be used against me in a separate charge? I know it's not the same offense because my public defender at least told me that much. And as noted on the file this is a first offense.
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

I want to be certain of what your attorney is saying. Give me a few minutes to research the procedures in Dauphin. In some counties dismissal is automatic upon completion of the program. Here is the general law:

Rule 319. Procedure for Obtaining Order for Dismissal Upon Successful Completion of the Program.

When the defendant shall have completed satisfactorily the program prescribed and complied with its conditions, the defendant may move the court for an order dismissing the charges. This motion shall be supported by affidavit of the defendant and by certification of the agency or person charged with supervising the defendant’s program, if any. A copy of the motion shall be served on the attorney for the Commonwealth who shall within 30 days after service advise the judge of any objections to the motion, serving a copy of such objections on the defendant or the defendant’s attorney. If there are no objections filed within the 30-day period, the judge shall thereafter dismiss the charges against the defendant. If there are objections filed with regard to the dismissal of charges, the judge shall proceed as set forth in Rule 318.

Comment

In some counties, court agencies or the district attorney’s office have procedures for initiating the dismissal of the charges upon the defendant’s successful completion of the program. This rule is not intended to preclude these procedures.

For the procedures for expungement when there is a dismissal, see Rule 320.

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Customer reply replied 1 year ago
I don't need help getting expunged. My only question is really if a first offense BAC DUI can be held against me when my current charge is not a BAC related offense.
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

If your 2014 case is still open and it still may be, it may be used against you. In Dauphin County, you have to move to dismiss charges. Right now your 2014 case may still be open. Take a look at the following from the court: http://www.dauphincounty.org/government/Court-Departments/Self-Help-Center/Documents/Accelerated%20Rehabilitation%20Disposition%20(ARD)%20Expungement%20Forms%20and%20Instructions.pdf

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Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

The issue is dismissal not expungement. You may still have an open court case. This has to be investigated.

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Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

Give me a short time to do a bit more research on the new charge.

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Customer reply replied 1 year ago
Ok my case from 2014 is listed as "adjudicated"
Customer reply replied 1 year ago
Sending more info from 2014
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

According to what you just sent me, it looks like the court indicated to the Department of Transportation that you fulfilled your sentence and the prior case may be sealed. Here is what the DL-21A is supposed to do for your case:

§ 81.2. Accelerated rehabilitative disposition.

(a) General rule. If a person is offered and accepts accelerated rehabilitative disposition under the Pennsylvania Rules of Criminal Procedure for any offense enumerated in 75 Pa.C.S. § 1532 (relating to revocation or suspension of operating privilege), or for an offense enumerated in any other act in the commission of which a motor vehicle was used, the court shall promptly notify the Department on Form DL-21A, under 75 Pa.C.S. § 1534 (relating to notice of acceptance of Accelerative Rehabilitative Disposition). Ch. 81 REPORTS TO BUREAU OF DRIVER LICENSING 67 § 81.1 81-1 (233973) No. 276 Nov. 97 (b) Content of the report. The report of the clerk of court, Form DL-21A, shall indicate:

(1) Name and current address of individual placed on accelerated rehabilitative disposition.

(2) Operator’s number or date of birth, or both, of individual placed on accelerated rehabilitative disposition.

(3) Date of violation.

(4) Date individual was placed on accelerated rehabilitative disposition.

(5) Description of charge.

(6) Section, subsection and name of the act violated.

(7) Terms and conditions of accelerated rehabilitative disposition.

(8) Court, term and number.

(9) Seal.

(c) Incomplete report. The Department will not process the report of the clerk of court showing accelerated rehabilitative disposition unless all the required information indicated in subsection (b) is provided to the Department. An incomplete Form DL-21A will be returned to the clerk of court for completion.

The fact that it says "satisfied penalty" makes me feel better. The prior case should not be used against you in the new case.

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Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

Make sure your attorney makes a motion to dismiss the charge of "Unintentional Death" at the preliminary hearing.

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Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

Please let me know if I can help more. I will be happy to answer more of your questions.

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