I am getting in the ARD program for a DUI. I understood that ARD was basically stating that I admit to the charges and assume they have enough evidence to convict. I blew a .168 at the scene of the stop, and my BAC was .215 at the hospital. The official charges that I accepted at the preliminary hearing were for .168 teir 2 level DUI. I started receiving papers in the mail for CRN and other things with my BAC at .215, and now the ARD papers are saying .215, 64hrs community, but only 2mos suspended license, which is the usualy for .168. Isn't the toxicology report evidence that i agreed to in the ARD application that wasn't necessary. Shouldn't all of my papers say .168?
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Alcohol & Drugs: DUI, DWI DUI ARD Question
- Thread Starter wgoin1988
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army judge
Super Moderator
I hope you haven't agreed to ANY of this without the advice of counsel. If you have, you'd be wise to consider your decision again. Take all of your questions to a couple of attorneys and seek answers. Then choose an attorney to represent you. Or, ask the court to appoint an attorney to represent you.
If you have an attorney, seek his/her guidance. The deal you got, sucks. Before you rush to conclude this matter, seek your options. Blowing a specific number doesn't mean you have no defense against this charge. It doesn't mean you did anything. You're innocent until proven guilty.
If you have an attorney, seek his/her guidance. The deal you got, sucks. Before you rush to conclude this matter, seek your options. Blowing a specific number doesn't mean you have no defense against this charge. It doesn't mean you did anything. You're innocent until proven guilty.
I already accepted the fact that they have enough evidence and probable cause for the arrest.I am currently represented by a public defender. I am more worried about the tier levels of punishment that I am facing. If my official charges are for .168 shouldn't under the ARD program I be only getting tier 2 punishments? Since the toxicology report is evidence, they cannot use it as grounds for punishment. And never upgraded my charges which I'm sure they ould have done but didn't.
army judge
Super Moderator
You have an attorney?
Okay, great!
You don't need another cook spoiling the soup.
Speak with your attorney about this.
If you have no confidence in your attorney, fire him, and ask the court to appoint a replacement.
A public defender is an attorney.
He/she is also your attorney.
Call him/her or write a letter with all your questions.
Don't try to fix this yourself.
Would you fill your own cavities?
Would you remove your own tonsils?
Don't try to be your own lawyer!!
Okay, great!
You don't need another cook spoiling the soup.
Speak with your attorney about this.
If you have no confidence in your attorney, fire him, and ask the court to appoint a replacement.
A public defender is an attorney.
He/she is also your attorney.
Call him/her or write a letter with all your questions.
Don't try to fix this yourself.
Would you fill your own cavities?
Would you remove your own tonsils?
Don't try to be your own lawyer!!
Im asking because they already told me that i was going to have to stick with the punishment. If you knew knowledge of this type of situation being different, then i am asking to let me know thats all. I want to be knowledgeable in the area that im currently facing. The question is...if the toxicology report is evidence and an ARD isnt supposed to be using evidence, then shouldn't I be getting punished for only the official charges that were against me?
army judge
Super Moderator
I don't know enough about your case to comment.
However, each and every time you talk, it hurts you.
Everything you do and say can and will be used to convict you.
Please, work with your lawyer.
You should be asking these kinds of questions of him/her.
If I were your lawyer, I'd be happy to answer your questions.
It is unethical (and against our canons) to knowingly counsel another attorney's client about the case in which that lawyer is representing you.
You do yourself a great harm by talking about any of this to anyone but your spouse, minister, or attorney.
Why?
Because what you say to those three is protected communications. What you say to me isn't. That could
one day come back to hurt you!!
However, each and every time you talk, it hurts you.
Everything you do and say can and will be used to convict you.
Please, work with your lawyer.
You should be asking these kinds of questions of him/her.
If I were your lawyer, I'd be happy to answer your questions.
It is unethical (and against our canons) to knowingly counsel another attorney's client about the case in which that lawyer is representing you.
You do yourself a great harm by talking about any of this to anyone but your spouse, minister, or attorney.
Why?
Because what you say to those three is protected communications. What you say to me isn't. That could
one day come back to hurt you!!
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