Our opinion: Legislature must fix ARD program
A recent state Supreme Court decision ruling the use of diversion courts can’t be counted as a prior DUI offense by sentencing courts is creating a potentially serious problem. It’s a problem the state Legislature should fix - quickly. The Supreme Court ruled that counting ARD as a conviction violates the due process rights of those accused of DUI if they have to be resentenced later. That ruling means sentencing courts are no longer able to consider completion of the ARD diversionary program as a first conviction for DUI - and means lighter sentencing for those who complete ...
