Derek Maninfior, Esquire Stephen McDonald, Esquire On May 30, 2025, the Pennsylvania Supreme Court issued a significant decision in Commonwealth v. Shifflett. The Court ruled that entry into Accelerated Rehabilitative Disposition (ARD) for a prior DUI cannot be treated as a “prior offense” when imposing enhanced penalties for a subsequent DUI conviction. The rationale was straightforward: ARD is not a conviction, and offenders who are admitted into ARD are not afforded the constitutional safeguards of a trial, such as proof beyond a reasonable doubt or the right to a jury. This decision had immediate and sweeping consequences. For decades, Pennsylvania… read more »
Steer Clear: Avoid DUI and Financial Ruin this Holiday Season
Driving Under the Influence (DUI) not only jeopardizes your life and the lives and safety of others – it’s also a financial nightmare with ruinous consequences. Court fees, costs and restitution are higher than you might think – not to mention potentially enormous damages demanded by victims for property damage and personal injury. When you factor in the potential loss of your driver’s license or employment, the picture of financial devastation becomes very clear. As part of my bankruptcy practice, I help people get a fresh start from debt. Most of the time, these debts involve situations outside of my… read more »
Resolve to Avoid DUI Trouble in 2023
It happens too often. You are driving your vehicle after having a drink (or more than one) and suddenly you see the flashing lights of a police car behind you. You’re about to be confronted with a situation that happens to tens of thousands of Pennsylvanians every year. What will happen during the police stop and afterward? How should you handle it? Will you have a criminal record and what will happen to your driver’s license? This article addresses some of those issues. Driving under the influence (DUI) is far and away the most common reason for arrest every year…. read more »
