Reading, PA asked in Elder Law, Traffic Tickets and Gov & Administrative Law for Pennsylvania

Q: What is the financial penalty for Section 1571 (a) (4)

My Father-in-Law is 90 yrs. old and has dementia. Back in 2014 he received a "Notice of the Recall of your Driving Privilege" He has not sent his license in and thinks he can still drive. What is the financial penalty or is there a financial penalty for not sending his drivers license in.

1 Lawyer Answer

Brian Lehman

Answered

A: Usually $100 but it can be a misdemeanor or felony under other circumstances.

http://law.justia.com/codes/pennsylvania/2010/title-75/chapter-15/1571

(b) Penalty.--

(1) Any person violating the provisions of subsection (a)(1) through (4) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $100.

(2) Any person violating the provisions of subsection (a)(5) commits a misdemeanor of the first degree and shall be sentenced as provided in 18 Pa.C.S. §§ 1101(4) (relating to fines) and 1104(1) (relating to sentence of imprisonment for misdemeanors).

(3) Any person violating the provisions of subsection (a.1) commits a felony of the third degree and shall be sentenced as provided in 18 Pa.C.S. §§ 1101(3) (relating to fines) and 1103(3) (relating to sentence of imprisonment for felony). Each fictitious or fraudulently altered driver's license issued by a department employee or an agent of the department shall constitute a separate offense.

(May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; Oct. 2, 2002, P.L.801, No.114, eff. 60 days)

Here are the offenses defined:

§ 1571. Violations concerning licenses.

(a) Offenses defined.--It is unlawful for any person:

(1) To exhibit or cause or permit to be exhibited or

have in possession any recalled, canceled, suspended, revoked

or disqualified driver's license.

(2) To lend a driver's license to any other person or

permit the use thereof by another.

(3) To exhibit or represent as one's own any driver's

license not issued to the person.

(4) To fail or refuse to surrender to the department

upon lawful demand a recalled, canceled, suspended, revoked,

disqualified, fictitious or fraudulently altered driver's

license.

(5) To exhibit or cause or permit to be exhibited or

have in possession a fictitious or fraudulently altered

driver's license.

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