Regrettably, PennDOT does not always do what is discussed in court. PennDOT is not actually aware of your case until the Clerk or Courts or Prothonotary takes your sentencing order, completes a DL-21 form, and the form is sent to PennDOT. PennDOT bases the decision on whether or not to suspend on the form. I have had cases in which the court has filled out the form wrong, so PennDOT imposes a suspension based upon the incorrect form. If the form is incorrect, then the way to fix the problem is to go to the court and have them complete a new form for submission to PennDOT. The only DUI charge that does not result in a license suspension if a first offense is the lowest tier of penalties. If you had any other level of DUI, there is an automatic license suspension.
With regard to the Driving Under Suspension charge, if the suspension is because of your DUI, then the charge is a violation of 1543(b), and you are facing a MANDATORY MINIMUM sentence of 60 days in jail, $500.00 fine, and additional 12 month suspension. The charge does require that you had notice of the suspension. The way the cops try to prove notice is to obtain a copy of the letter that is sent from PennDOT to you advising of the suspension. The best thing that you can do is to contact a defense lawyer in Chambersburg, such as Joe Curcillo at 717-264-4200 or Forest Morgan at 888-821-9446.
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