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
fishmanlaw@gmail.com
www.PhillyCriminalDefense.blogspot.com
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
