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Pennsylvania DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI and Traffic Tickets for Pennsylvania on
Q: I got a ticket Driving with a Suspended License (DUI ) 1543 B but my license was suspended by 1543A ( Driving

Will the court throw it out because it was inaccurate ?

Ellis B. Klein
Ellis B. Klein answered on Jul 23, 2020

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 »

1 Answer | Asked in Civil Rights, Constitutional Law and DUI / DWI for Pennsylvania on
Q: Did the police legally search my car?

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 »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jul 13, 2020

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 »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Daughter was passenger in a car, they were stopped at a DUI checkpoint, there was open container in car,when asked by

officer she said it was hers, they only thing her and driver had to do was provide license, the officer took container and dumped it, and they were allowed to leave... She just got citation in mail, never recieved anything onsite.. can she fight it

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jul 13, 2020

Based on your description of the facts? Maybe. The fact that the officer did not issue the citation at the scene of the crime is not a defense. It is within their discretion to issue the citation up to 30 days after the date of the incident. If they didnt issue it within 30 days there is a... Read more »

2 Answers | Asked in DUI / DWI for Pennsylvania on
Q: I have a DUI 2nd Off. Gen Impair on my record listed as an M1 from 15 years ago. Seems high. Can I get it changed?

Served the sentence. 90 days minimum 2 years maximum on my docket sheet. I really want to figure out if I faced a maximum of 5 years for a general impairment 75 3802 A1. Montgomery County PA

Cary B. Hall
Cary B. Hall answered on May 5, 2020

DUI defendants face what's known as "escalating penalties" in Pennsylvania: the more you rack up, the harsher the penalty. So it all depends on your prior record, how many DUI convictions you have, and how much time has passed between each of them.

Pennsylvania has also...
Read more »

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Pennsylvania on
Q: Can they take your driver's license for over 2 years for underage drinking? Section 6308.

I was underage and intoxicated, I was also just walking home. I dont see how they can take it for that long.

TERM SUSPENSION/REVOCATION

-You have a 2 YEAR(S) suspension/revocation that began(or will

begin) on 05/20/18 and will end on 05/20/20. The suspension/revocation... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Mar 26, 2020

Because under the old rules the statute allowed them to do that. If it was not a second offense underaged talk to an experienced PennDOT attorney about appealing it.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Pennsylvania on
Q: Can they suspend your driver's license for underage drinking for 2 years, I was not in a vehicle or even close to one

I was walking home intoxicated. I wasnt even driving and they took my liscence for over 2 years.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Mar 26, 2020

Under the old rules they could for a second offense. They changed the statute a while back.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Can I apply for early termination of probation or a DUI expungement without a lawyer in PA?

My lawyer helped me throughout my DUI trial and told me that after I completed my ARD, paid all fines, and finished 6 months of probation without any problems, that I could apply to be let off probabtion early (sentenced to 12 months probation) and have the DUI expunged. I am at this step now and... Read more »

Ellis B. Klein
Ellis B. Klein answered on Mar 21, 2020

To answer your question, yes you can absolutely do it yourself but you have to ask yourself do you know what you are doing? If you file for expungement and if it is not correct then it would not be taken off of your record. If your pipes are leaking at home are you going to hire a plumber so it... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Help with an Underage.

I just received an underage from 3 months ago. My race is wrong on the report. Also, the person driving is trying to get his charges dropped by claiming the officer made an unlawful stop. How will all that affect my fine?

Cary B. Hall
Cary B. Hall answered on Feb 24, 2020

I don't think it will at all. Pay your fine as soon as you can -- and find a way -- and then be done with it.

Best of luck to you.

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Pennsylvania on
Q: Co op community daughter was pulled over gota dui and small amount of pot.shes not on my lease but lives here can i be

1st time offender no priors . Like I said she's not on our lease but she does live here but she does also have that other address somewhere else she just stays with us mom and dad thank you i guess im asking if i can be evicted?

Cary B. Hall
Cary B. Hall answered on Feb 24, 2020

I doubt it -- but I suppose you should look to the terms of your lease (instead of the DUI laws).

Best of luck to you, and her. If your daughter needs some assistance with her DUI case -- and there are legal traps for the unwary! -- feel free to have her contact me offsite.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I need help with my dui case in Bedford pa who can help me

I have 2 prior dui convictions in Florida that are over 15 years old and I just recently got another dui in Bedford pa. What kind of punishment am I looking at?

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Feb 21, 2020

Per the facts you put forth you are a first offense DUI (there is a 10 year lookback period). However, this is your third offense lifetime. Some District Attorneys will want to add time because of this. You are looking at a likely mandatory sentence of up to 72 hours, with a $1000 fine in... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I need advice on a dui sentence in pa first offence in 2018 still have suspended license

Was sentenced a week ago and was incarcerated. License was suspended in 2018 and still suspended till 2021

Cary B. Hall
Cary B. Hall answered on Feb 20, 2020

Then you should contact (and sit down with) an experienced DUI/criminal defense attorney to discuss. Not enough information given to help you here.

Best of luck to you.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I had a dui 17 years ago and was given ard. I just got one again. Could I get ard again?
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 25, 2020

Some counties allow a second DUI ARD. Many dont. The only way to get this answer is to contact a local attorney. Lancaster County has very specific rules to get ARD and if you dont adhere to them strictly they will deny.

2 Answers | Asked in DUI / DWI for Pennsylvania on
Q: I received a ticket for reckless driving. They saying I ran a red light twice. I wasn't pulled over until I was parked.
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Dec 23, 2019

You dont pose a question to be answered. Reckless driving carries a suspension with it so its a ticket you probably want to plead not guilty. Stopping you when you parked is not a defense, ao hopefully there are better facts. You probably should do a full conaultation with an experienced traffic... Read more »

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2 Answers | Asked in DUI / DWI for Pennsylvania on
Q: Cop did a U-turn pulled me over a recipe for DUI controlled substance tint is legal can I beat this charge we never spok
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Dec 17, 2019

There is almost no way to answer this question with the information provided. If the officer suspected your tint was illegal he could stop you to investigate. The actual legality of it would not necessarily be a defense. However, it might be. The attendant facts are pretty important here. You... Read more »

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2 Answers | Asked in DUI / DWI and Estate Planning for Pennsylvania on
Q: How to interpret Living Trust name: John Doe TTEE UA DTD 5/11/12 FOR THE John Doe TRUST, 201 Greenwood St Millerstown?

Sorry clicked before completed question - how to interpret the name of a living trust: John Doe TTEE, UA DTD 5/11/12 FOR THE John Doe TRUST, 201 Greenwood Street, Millerstown PA?

Nina Whitehurst
Nina Whitehurst answered on Dec 10, 2019

Another way of putting it would be John Doe as Trustee of the John Doe Trust dated 5/11/12, and the rest is clearly an address.

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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Facing 3rd DWI before being convicted of the first. The 3rd involving a minor?

My girlfriend was convicted of her first DUI in July 2019. Before receiving her paperwork, she got another DUI. Both in the 3rd tier. Last night she got another DUI with a minor in the car. She is currently in rehab. Will they all be considered 3 first offenses?

Cary B. Hall
Cary B. Hall answered on Nov 22, 2019

Unfortunately not. The law changed several years ago and closed up that loophole.

Her best bet to avoid serving time is to continue in rehab and try to take advantage of some sort of treatment diversionary court. Having a good criminal defense attorney will certainly help in that regard,...
Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I received a 2nd Dui general impairment did 5 days in jail paid $2500.00, driving school, assessment, and community

Service. Why does my letter say 18 months

I turned my license in early May of 2018

But I'm eligible to get them back May of 2020

Why 18 months and why 2 years

It should have been 12 months suspension which should be done and over

Cary B. Hall
Cary B. Hall answered on Oct 2, 2019

Your PennDOT Restoration Rights Letter should tell you all about your suspensions and when you're eligible to have your driving privileges restored. A 2nd DUI carries an 18 month license suspension. Perhaps you had an additional suspension for something else for another 6 months? Check the... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: hunting for free lawer for dui charge first time
Cary B. Hall
Cary B. Hall answered on Sep 28, 2019

Contact the Public Defender's Office in the county in which you were arrested.

Best of luck to you.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: So I received a DUI first time ever in May of 2017. I completed everything except my driving class I had scheduled but

Scheduled but scheduled for after my probation end date. Went to trial was placed on another 12 months probation. I think is ridiculous completed my classes. Still on probation 2 months left. Never have been drug the entire time. I was assaulted 2 week's by my boyfriend had to go to ER for... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Sep 9, 2019

Hard for anyone to answer the fairness question. Who knows, maybe? To the rest of it if you left them a bunch of messages you should be fine. You may want to consult with a local attorney. It is unusual they would supervise you in a different county for exactly this reason. Talk with an... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I got my second and 3rd dui 10 days apart in April 2009. The judge said he has running them together as 1.

What is my charge then. Will they both be off my record now! finnbug01@icloud.com

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Sep 4, 2019

You probably should talk to your attorney about this. He could mean a lot of things. He could mean he is running the sentences concurrently. He could mean he is running them both as second offense DUIs. He could mean a lot of things. Chances are they will both be on your record, and chances... Read more »

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