If you’ve recently been charged with DUI in Adams County, a pair of new Pennsylvania Supreme Court decisions could completely change how your case is handled. These rulings affect both how DUIs are sentenced and how PennDOT handles driver’s license suspensions — and the effects are already being felt in local courtrooms.
In the case of Commonwealth v. Shifflett, the court ruled that completing ARD for a previous DUI can no longer be used to increase the penalties on a new DUI case. That means if your first DUI was resolved through ARD and you’re now facing another charge, the judge must treat it as a first offense when it comes to things like fines, jail time, and probation. This is a major shift that favors the defense — but only if the defendant is able to secure ARD in the first place.
Don’t Overlook the DMV Side of Things
Here’s the twist: In a separate case — Ferguson v. PennDOT — the Court decided that PennDOT can still treat ARD as a prior offense when calculating license suspensions. That means you could still be hit with a second-offense suspension even if the court is treating your current DUI like a first.
What’s more, Adams County prosecutors have responded to Shifflett by pulling back on ARD offers. It’s no longer something you can assume you’ll get — and trying to DIY your defense could mean missing out entirely. ARD may no longer be an “easy out,” but with the right legal strategy, it can still be a crucial tool. If it’s not offered, you need a team that knows how to fight for a dismissal, acquittal, or reduced penalties.
At The McShane Firm, we know the local system, the prosecutors, and the judges. We build tough defenses that give our clients real options — even when ARD isn’t available. Call us now to take control of your case before it’s too late.
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