In a landmark decision, the Pennsylvania Supreme Court has ruled in Commonwealth v. Shifflett that prior acceptance into an Accelerated Rehabilitative Disposition (ARD) program cannot be used to enhance sentencing for subsequent DUI offenses. This ruling has significant implications for individuals facing DUI charges, particularly those with prior ARD dispositions.

Understanding the Decision

The case centered around George Thomas Shifflett, who, after accepting ARD for a DUI offense in 2012, was arrested for another DUI in 2022. The prosecution sought to classify the 2022 offense as a second DUI based on the prior ARD. However, the Supreme Court held that using ARD as a prior offense for sentencing enhancement violates constitutional protections.

The Court emphasized that ARD is not equivalent to a conviction, as it lacks the procedural safeguards of a criminal trial, such as the right to a jury trial and the requirement of proof beyond a reasonable doubt. Therefore, considering ARD as a prior offense for sentencing purposes is unconstitutional under Alleyne v. United States.

Implications for DUI Defendants

This decision is a significant development for individuals charged with DUI offenses in Pennsylvania. It means that a prior ARD disposition cannot be used to impose harsher penalties for subsequent DUI convictions. Defendants previously facing mandatory minimum sentences due to prior ARD acceptances may now be eligible for reduced sentencing.

Why Legal Representation Matters

Navigating DUI charges can be complex, and understanding how recent legal developments affect your case is crucial. As an experienced DUI attorney, I, Paul Aaroe, am committed to providing the guidance and representation you need. With the Supreme Court's decision in Commonwealth v. Shifflett, there may be new avenues to challenge enhanced DUI sentences based on prior ARD dispositions.

Contact The DUI Guy

If you or someone you know is facing DUI charges and has a prior ARD disposition, it's essential to consult with a knowledgeable attorney. Contact me, Paul Aaroe, The DUI Guy, to discuss your case and explore your legal options.

Aaroe Law Offices, PC

• Address: 2358 Gruver Avenue, Easton, PA 18045
• Phone: (610) 559-7401
• Fax: (610) 559-7405
• Email: [email protected]
• Website: https://www.aaroelaw.com/dui-s

Don't let a prior ARD disposition unfairly impact your future. Reach out today for a consultation with the lawyer that other lawyers are already asking about this decision.