Partner Richard Daubenberger Successfully Defends DUI Client
Partner Rich Daubenberger successfully obtained a verdict of NOT GUILTY following a DUI trial. The alleged Defendant was pulled over on Route 202 in Delaware County. The State Police alleged he was intoxicated and incapable of operating a motor vehicle safely. However, the videographic evidence obtained by the defense proved crucial in proving that our client was not intoxicated. Now Partner Rich Daubenberger will begin the process of expunging the fact that our client was even arrested!
Remember that evidence is not always preserved. It is imperative that your attorney obtain and preserve evidence immediately!
Never forget that you can expunge many DUIs and many other cases! Expunging a criminal conviction from your record means that it will be sealed from public and state views. DUI convictions can be expunged under limited circumstances. Also, a DUI is eligible to be expunged if a you successfully complete the Accelerated Rehabilitative Disposition (ARD) program. Remember that ARD is not guaranteed. You must apply for it and be accepted. Finally, there are Fast Track options that can reduce your penalties.
ARD expungements cannot expunge PennDot driving histories. However, those records are automatically expunged after ten years.
A DUI that was dismissed because of successful Motions or after a jury or bench trial (as in the case above) can be expunged. In 2016, a new expungement law went into effect in Pennsylvania. This new law allows you to be able to secure limited access status for your DUI conviction. A conviction for which limited access has been ordered will only be accessible by state agencies and law enforcement agencies. Most employers and landlords cannot view limited access convictions.
How do you obtain an expungement of a DUI?
To have a DUI expunged from your record in Pennsylvania, you must meet the requirements that are outlined in 18 Pa.C.S. § 9122 and file a petition with the court. MMD has an entire division that handles your Expungement/Sealing. Remember, there is no guarantee that your Expungement request will be granted. You must hire an experienced attorney that can work to help you to expunge your DUI from your record. If you are eligible, Musi Malone and Daubenberger can discuss other options that might be available to you if you are not eligible for an expungement.
What about ARD?
An alternative to trial is the ARD program. ARD is a first time offender program that permits no conviction and expungement (limited as noted above) if ARD is successfully completed. In order to apply for ARD, a Defendant must Undergo Court Reporting Network Evaluation. A Defendant must also complete Community Service hours. The amount of community service hours and location is different in each county. That’s why hiring an experienced attorney at Musi Malone and Daubenberger is important! The CRN evaluation may recommend treatment and/or a full Drug and Alcohol evaluation. ARD or a conviction will also trigger a requirement that you complete Alcohol Safe Driving Classes
Once the defendant is placed on ARD, the official probationary period will commence. Probation may be up to two years; however most counties and most cases are between 6 and 12 months. The defendant must comply with all conditions recommended by Probation, and make regular payments towards the fees and costs of the ARD program (approx. $1800-2500), as well as any remaining restitution, if the defendant has not made full payment already. Currently, the time requirement to complete community service obligations is being extended until social distancing guidelines are eased to allow for a safe completion of said hours.
Make the right call now! MMD is available to assist you!