Question

  01/04/13, 2:02 pm
i live in pa and i'm on probation for dui. during my court proceedings and per the judges ruling, there was no suspension of my driving privileges to be issued and did not receive notification from the d.o.t. one way or the other. its been over a year since my conviction and have been driving, i was pulled over today and was issued a citation for speeding and for driving on a suspended license. is there any real chance i can beat the driving on a suspended license or is there anything i can do?
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United States   |   Pennsylvania  |  DUI Law
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Answer

Jason Dunkle Says:

Jan 05,2013 10:03 AM

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.

The responses provided on this site are intended for informational purposes only and should not be construed as providing legal advice regarding an individual situation. No attorney-client relationship is created between the reader and JD Law, P.C.


Jason Dunkle
JD Law, P.C.
204 East Calder Way, Suite 306,State College, PA 16801
814-954-9622
http://www.mystatecollegelawyer.com

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