Q: In Pennsylvania I had an ard dui in June 2002 which was completed in June 2003 with a 7 year time-frame; in Oct 2011 I
Had another dui - is this considered a second offense under PA's 10 year look-back rule effective Feb 2004 or is this a first offense because it was more than 7 years later?
A: Unfortunately, your October 2011 DUI is considered a second offense under the "10 year look-back rule" that was in effect at the time of your October 2011 DUI even though your first DUI for which you got ARD occurred when there was only a "7 year look-back rule". There is a case, Commonwealth v. Tustin that is directly on point with the issue that you're dealing with. A link to the opinion in Commonwealth v. Tustin can be found here: http://caselaw.findlaw.com/pa-superior-court/1199572.html. This is directly on point with the issue that you're dealing with.
Sorry to be the bearer of bad news. If I can be of further assistance, please do not hesitate to contact me. I wish you all the best.
Brian M. Fishman
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