Responsive Representation

Restoring Hope

Attorneys Dedicated To Calming The Crisis
  1. Home
  2.  → 
  3. Criminal Law
  4.  → No Jail Time For Second Offense DUI In Berks County

No Jail Time For Second Offense DUI In Berks County

by | Jan 24, 2011 | Criminal Law |

My client was arrested and charged with a second (2nd) offense DUI that was alleged to have taken place on March 2, 2010, in Berks County, Pennsylvania. Unfortunately, at the time of the new charges, my client was also in the process of finishing up the DUI ARD Program for a first (1st) offense DUI that was alleged to have taken placed in June of 2009. As a result, my client had two (2) issues to deal with. First, the Berks County Adult Probation Department, based on the new DUI case, was asking the Court to terminate my client’s ARD, which would result another 12 month license suspension and a mandatory three (3) days in Berks County Prison. Second, our client was facing a mandatory 90 days in Berks County Prison on the second (2nd) DUI case.Adrenaline Rush Ii hinderløype

Initially, my goal was to prevent my client from being removed from the DUI ARD Program in his first case from 2009. Luckily, my client had performed well while on the DUI ARD Program, including completing all of his community service and attending all required classes. Therefore, at the “termination hearing”, the Judge was willing to allow my client to complete the DUI ARD Program, so long as all of his fines and costs to the Court were paid in full, which, of course, my client was more than happy to do. This saved my client from an additional 12 month license suspension and a mandatory three (3) days in Berks County Prison.

The focus subsequently shifted to my client’s most recent DUI case. After reviewing the discovery in the case, including all of the police reports, the decision was made to apply my client to the Second Time Offender Program, commonly known as “STOP”, which is run by the Berks County Adult Probation Department. STOP allows a defendant charged with a second (2nd) offense DUI to participate in inpatient treatment at the Reading YMCA for a period of 85 days instead of jail time. Following the stay at the YMCA, the defendant is usually required to do five (5) days in jail at Berks County Prison. Prior to entering the YMCA for 85 days, however, my client sought out treatment on his own, spending one (1) month in intensive inpatient treatment at CARON, followed by several additional months at a sober living facility in Berks County.

Based on the fact that our client went significantly above and beyond what is typically required under STOP, I was able to successfuly argue to the Judge that our client should get “credit” for the five (5) days that he would typically be required to spend in Berks County Prison. In other words, I was asking the Judge not to send my client to jail for the standard five (5) days. Although the District Attorney’s Office argued against my request, after explaining all of the programs that my client successfuly completed, the Judge agreed to give my client “credit” for the time he spent in inpatient treatment. The end result was that my client did not have to spend any time in jail, although he did spend a very significant amount of time at several treatment facilities.

If you have been arrested for driving under the influence of alcohol or DUI in the Reading or Berks County area, please contact my office at 610-372-5128 to set-up a no cost consultation. I would be happy to discuss what I can do to get the best possible outcome in your case.



FindLaw Network