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ARD will cause loss of CDL for one year PDF Print E-mail
In a case decided on April 27, 2007, the Commonwealth Court ruled that acceptance into and completion of ARD for a DUI case disqualified an individual from holding a commercial driver's license (CDL) for a year, even though the suspension of his personal license was only for 30 days and even though the DUI offense occurred using a personal vehicle and not a commercial vehicle.

This case, Wagner v. Commonwealth, 1648 C.D. 2006, confirms what attorney Joseph Gothie has long told clients with CDLs: a DUI charge, even if you get ARD, will result in the loss of your CDL for at least a year, even if you get accepted into and complete ARD. In addition, if you are convicted of a second DUI, even if you received ARD on the first and had your record expunged, you will be permanently disqualified from holding a CDL pursuant to a federal mandate contained in the Motor Carrier Safety Improvement Act (MCSIA). Vigorously contesting a DUI charge is incredibly important, especially if you are a commercial driver.

For a free, no-risk consultation, call Attorney Joseph N. Gothie at (717) 848-8455.
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Newsflash
In Commonwealth v. Conte, 1805 M.D.A. 2006, the Pennsylvania Superior Court ruled on August 2, 2007, that an officer who approaches a disabled vehicle alongside the road and who activates the overhead lights and approaches the apparent driver does not "seize" the driver for purposes of the Pennsylvania or United States constitutions. 
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