My fiancé was arrested for his friend leaving a marijuana roach in his car. He has his medical marijuana license and wasn't aware his friend did that. The cops pulled him over for having a tail light out. The cop noticed the roach right away and told him he was impaired. Had him do a sobriety... Read more »
The wait is for the blood work. He should request his license. There is no automatic suspension in Pennsylvania. They would have to show that the THC in his blood was sufficient for him to be intoxicated. If they press the charges he should have an attorney. By the way he shouldn't drive with...Read more »
My son’s father got a DUI. Lost his license and was driving anyway. He got pulled over and got in trouble again. He wants to continue to drive with no license and pick our child up to bring him to his house. He is currently on probation.
Go to a license office and see if they can look up your license. It may well have been suspended. If so they may take your license. There is no automatic suspension. What may have happened is you had an offense, the notice was sent to the address on the license, if that isn't your address you...Read more »
An arrest in Pennsylvania for DUI and misdemeanor drug possession resulted from a traffic stop for failure stop at a stop sign. Failure to stop was the only reason for the traffic stop. The stop sign in question was entirely concealed within massively overgrown shrubbery so that not even a speck of... Read more »
No, it is not possible. ARD is for true first time offenders who have never been in trouble today in their lives. If you do have a prior record and if it is within 10 years you were looking at prison time which is mandatory and could be up to 90 days for a second offense
The answer is yes. Did you go to law school? If not and you represent yourself you will be expected to act as your own lawyer. You may have a defense. You may not, but a lawyer would know. If the state has a weak case and the case may be able to be plea bargained, but how would you know. In...Read more »
you can ask for a pardon for any number of reasons, but it is very difficult and lengthy. There is no "automatic" pardon for a certain illness. As to getting a reduction in sentence I do not believe so. The best source would be the Pa. Civil Liberties Union prison rights project.
I told them I didn’t owe them anything and made payments for 4 years probation but they said they will lien my house if I don’t pay! Odd thing is, it’s Already paid because I thought I was paying on the same thing. Then I noticed the amount wasn’t going down and that when they said I owed... Read more »
In a situation where a police officer would pull a vehicle over in the incident of a passenger being under the influence, not the driver, would the driver receive penalities (DUI, Possesion, etc) even though the action is not on them AND the driver is sober through a FST (Field Sobriety Test)??
I was arrested for DUI in Florida on vacation. My BAC was the highest tier >.16 (I blew .20). I live in PA. The PA DMV website says first time DUI's out of state carry no license suspension in PA. Sounds too good to be true. Does anyone know for certain?
What i am not understanding though, is when I asked the cop if he had a warrant for the blood test he reply was "I could get one but I don't feel like it" How can I be charged with something when I was not even placed under arrest? Also, when he said that he didn't feel like getting a warrant
You are definitely going to get charged. When you refuse the test there is an assumption that you were under the influence and you will be charged under the general impairment section of the DUI law. Additionally because he did not take the test the law says that your license will be suspended for...Read more »
Any trace of marijuana in your system makes it illegal to drive. It is a per se DUI. So while Marijuana is rapidly legalizing the DUI laws are showing no signs of changing in that regards. Can a treatment program force you to stop taking marijuana is another matter entirely. Typical attorney...Read more »
License currently suspended indefinitely for 1533D failure to respond to traffic citation for unpaid fines but they are trying to say its DUI suspended. How is that possible when I havent gotten any new DUI Charges and in 2019 i got pulled over and it wasn't dui suspended and i only received... Read more »
You need to get a lawyer immediately. The law says that if your license was suspended for a DUI it will always be suspended until and unless you get your license reinstated. It doesn’t matter if the DUI is one year old or 30 years old. If you never got your license back then you are looking at a...Read more »
You need to get a lawyer asap. If your license was never restored after the DUI you are considered DUI suspended until you get your license back. if you are found guilty, there is mandatory imprisonment of 60-90 days in the county prison. You need to figure out how to get you license back asap....Read more »
I have a summary trial coming up on the 29th for driving without a liscense. I wasn't aware that it had been revoked due to covid. I had received a notice before hand but nothing after confirming it was revoked. The citation also has the wrong model car on it. This is my first time dealing... Read more »
You should do what you can ahead of your trial to have your licensing issue resolved. This offense carries only a fine, but a hefty fine of $200 plus court costs. Also, if you've been convicted of this same offense in the last 5 years, your license will be suspended for 6 months. If...Read more »
You get an attorney ASAP. Having the two kids in the car is a serious aggravating factor. Being on ARD for the first is another. You are looking at mandatories in both cases. An attorney can help you check for defenses and try to minimize the time you actually spend in jail. They probably will...Read more »
You need to retain a lawyer or at least consult with one. If you are wrong, there is mandatory jail time that ranges from 60 days to 6 months. If your license was ever suspended for DUI and if it was never restored then it is in fact a DUI suspension. The law says it is always going to be DUI...Read more »
I was pulled over tonight and the officer said he wanted to administer a sobriety test based on the fact that my pupils appeared to be dilated. I informed him I was taking prescription medication yet he gave me the test anyway, told me I didn’t “really” pass and said that was probable cause... Read more »
Here is the thing, prescription drugs can make you illegale to drive if you ate under the influence. Whether or not he had probable cause to believe you have controlled substances is certainly arguable. If you appeared impaired and admitted to taking medications one could certainly argue he had...Read more »
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.