On May 20, 2020, the Superior Court of Pennsylvania decided the criminal cases of Igor Chichkin and Lisa Roche. The issue in those combined cases was whether prior admittance into the Accelerated Rehabilitative Disposition Program, commonly known as ARD, would be considered a prior conviction for sentencing purposes enhancement. That is, would a more severe sentence be imposed, if the person involved was convicted of a subsequent driving under the influence offense?

ARD is a program that allows an offender to be placed on probation, and in most cases lose their driving privileges for a short period. If that person completes that program successfully they then have their criminal arrest record expunged. The program has, up until now, always counted as a conviction for sentencing purposes if the offender was later sentenced for a subsequent driving under the influence charge.

Because the United States Supreme Court has decided cases that require “facts” that would increase sentences be decided by a jury and because ARD is by its very nature not a “conviction” the Pennsylvania Superior Court ruled that a prior ARD could not be considered “enhanced” or increase the sentence for a later or subsequent DUI.

The Chichkin and Roche cases are monumentally important! Individuals with prior ARDs for DUIs will no longer be punished more severely for a subsequent DUI. Since ARD is a program that can only be initiated on the motion of the District Attorney, the question then becomes, what will District Attorneys across the Commonwealth do? Will they no longer offer ARD for DUI offenders? That appears, as of right now, to be their exclusive right.  The District Attorney has broad discretion regarding who is offered the program. Will the conservative legislature of Pennsylvania interfere and pass laws that would make ARD clearly a conviction for sentencing purposes? Will such laws be unconstitutional?

At Davis and Davis we have experience in dealing with changes in the law and we have been doing so since 1976. Since we first opened our doors, we have been vigorously arguing for and protecting the rights of people hurt in accidents or hurt at work, but also of individuals accused of a crime. Here, we believe in the presumption of innocence. You know that if you are hurt we can help and we want you to know that if you are accused of a crime, before you make any statement, call us!

Davis and Davis Attorneys at Law

107 East Main Street, Uniontown, Pennsylvania 15401

Serving you since 1976!