Legal Question in Criminal Law in Pennsylvania

DUI and fleeing eluding

I was recently arrested for fleeing and eluding an officer, reckless driving, and DUI. My bac was .101. I was arrested in the state of maryland over 2 years ago for DUI and recieved 12 months unsupervised probation and a fine. I was given ''probation before judgement'' with the stipulation that I complete the probation in order to keep the DUI off my record. I attended alcohol classes, also.

I am wondering now whether my prior out of state will effect this recent charge, and what penalties I'm looking at. My paperwork from PA is saying it is a first offense, which would make me eligible for ARD if I could plea to have the fleeing/reckless charge dropped. What do you people think? Will this prior show up on my record? Should I fight both charges? The fleeing shouldn't be a hard fight as the officer was coming the opposite direction and I pulled over less than 1 mile after I saw him. Any help would be appreciated.


Asked on 6/14/06, 10:18 am

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: DUI and fleeing eluding

My first piece of advice is to hire an attorney who is familiar with DUI law.

The question as to whether the Maryland case will appear on your record is determined by whether the Maryland case was expunged, and whether they shared it with the interstate compact and thus with PennDOT.

You didn't say whether your .101 was breath or blood, or whether the blood test was whole blood or serum. This may matter in whether the actual BAC is .101 or lower.

ARD is at the discretion of the District Attorney. So, whether you are eligible for ARD will be up to the DA and how he views cases such as yours.

As I said, hire an attorney.

Read more
Answered on 6/16/06, 5:40 pm


Related Questions & Answers

More Criminal Law questions and answers in Pennsylvania