Pennsylvania DUI / DWI Questions & Answers

Q: PA, DUI Question

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Jan 16, 2019
Cary B. Hall's answer
And your question is?

Do your best and deal with things if you can't get the classes completed by February 9th . . . but do everything you can to complete them, and document your conversation with probation (like emails instead of, or in addition to phone calls, etc.). You can also reach out to the Assistant District Attorney and ask for additional time to complete the classes, and I imagine you'll be given the extra time if your request is reasonable.

Best of luck to you.

Q: criminal charges (DUI) in two counties; time served counted for second county concurrent with first count?

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Dec 16, 2018
Cary B. Hall's answer
No idea. It depends on your particular case(s), whether there was bail set in the second county before or after the first charges, etc.

A criminal defense attorney is going to have to sit down and compare the paperwork and dockets in both cases to answer your question. Your best bet is to hire one to do so. That attorney can also advocate for you so that perhaps you CAN double-dip with the time served so that both counties are satisfied.

Best of luck to you.

Q: Can you be charged with a DUI if you're stopped by police and it's discovered you were smoking pot,

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Dec 6, 2018
Ellis B. Klein's answer
No, DUI covers alcohol and/or drugs. PA is a zero tolerance state which means that if any amount is found in your blood, no matter when you smoked, it will be considered a DUI. If convicted, you are looking at a mandatory minimum 3 day jail sentence plus a one year license suspension. You should start speaking with experienced criminal defense attorneys as you will likely need one, once your papers are sent to you in the mail. Most attorneys, including myself give free consultations. You may...

Q: What happens if you get caught drunk driving after your license was suspended?

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Nov 23, 2018
Cary B. Hall's answer
You have a second DUI case brought against you with accelerating penalties. You'll also most likely get a citation for driving drunk on a DUI-suspended license, and that carries with it a mandatory 90 days in jail -- although a good attorney can often avoid this.

What that all means is that a person in this particular jam needs to have good criminal defense counsel by his/her side, and ASAP.

Q: What would the pentalty be looking like? Pennsylvania.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Oct 26, 2018
Mr. Ryan L Hyde's answer
There is not enough information to tell you what the penalty would look like because sentencing decisions are personal to the defendant. That being said there are some pretty serious things on this information. The most alarming is buried down deep is a third offense DUI. DUIs in general carry mandatory jail time. A first offense for the highest tier has a mandatory 1 year license suspension and 72 hours in jail. Based on what is presented jail is a very likely possibility. You should...

Q: I was charge with DUI and reckless driving, turn signal light out. When to court the Judge withdrew the DUI charges

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Oct 20, 2018
Mr. Ryan L Hyde's answer
Double jeopardy is the concept that you cant be tried twice for the same charge. This means that when you win a trial the CW cant retry you for the same thing. As always, there are exceptions.

Your situation does not appear in anyway to be jeopardy related. Your aituation is confuaing but it seems like maybe you refused chemical testing in the DUI, which leads to a 1 year suspension, even if you arent convicted.

When things are confusing the best thing to do is talk to an...

Q: I was convicted of two DUIs. They are counting my Ard as 3. Can I do anything about it?

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Oct 14, 2018
Cary B. Hall's answer
No, unfortunately not -- unless you can convince the DA not to "count" it, for some reason. Have your attorney give it a shot, although it would admittedly be a hail-mary long shot!

Q: Can a criminal restitution be turned into a civil judgement?

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Oct 9, 2018
Cary B. Hall's answer
No, but I'm sure he would. Having the restitution as part of his criminal parole/probation is certainly effective, isn't it? It makes failure to pay it a violation of your probation, so it will be paid or he'll be re-sentenced (and probably to jail). Unfortunately for your friend, it's the only game in town for him, so he'll have to pay it . . . and to do whatever it takes to do so.

Q: Am I eligible for ARD if I had a prior DUI in Tennessee in 2002?

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Oct 1, 2018
Cary B. Hall's answer
If you've had no other criminal convictions during the past 10 years, then you should be eligible - but every jurisdiction in PA is a little different, so the best I can give you is a "should" here. Best of luck to you.

Q: I got a dui 9 years ago and need my license back. Never did the treatment program. What can I do to get it back?

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Sep 18, 2018
Cary B. Hall's answer
You can go to the PennDOT website and instantly get a "Restoration Rights Letter" which tells you what you need to do to get your PA license back. Try here: https://www.dmv.pa.gov/Information-Centers/Suspensions/Pages/Restore-Driving-Privilege.aspx

Best of luck to you.

Q: speeding. In his complaint he accused me of DUI in a black car. Also, his Affidavit says lab results from her blood.

1 Answer | Asked in DUI / DWI and Traffic Tickets for Pennsylvania on
Answered on Sep 11, 2018
Cary B. Hall's answer
First of all, I see that you're asking your question from Ft. Myers, FL. If your situation is, in fact, in Florida, I suggest you try asking your question to Florida lawyers -- not Pennsylvania lawyers. For argument's sake, however, I'll assume you're from Florida and asking your questions based on an incident that occurred while you were up here in Pennsylvania.

It could very well be that the court paperwork at the lower court level is so incorrect that the present case against you...

Q: Need help DUI no paperwork put in handcuffs was told I was under arrest but never given my rights what can I do

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Sep 7, 2018
Cary B. Hall's answer
You were probably arrested, and then let go after you were "processed" (i.e., fingerprinted) after you either submitted to chemical testing (usually blood or breath) or after you refused such tests. Often, you won't be formally charged until the results of chemical testing are returned to the police, esp. for blood tests. At that point, if you were over the legal limit, a Police Criminal Complaint will be filed with your local Magisterial District Court and a criminal case against you for DUI...

Q: If there was no warning on my prescription medication about it causing drowsiness due to a pharmacy's negligence and I

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Sep 1, 2018
Cary B. Hall's answer
Yes. The criminal law doesn't care about what you thought you knew, or even should've known. If you're driving while impaired by either alcohol, drugs (prescription or illegal), or a combination of both, you're guilty of DUI.

Q: How much time does habitual offender carry in PA. It's a m2

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Pennsylvania on
Answered on Aug 29, 2018
Cary B. Hall's answer
I believe it's a second-degree misdemeanor, which carries a maximum jail time of up to 2 years plus a fine. Off the top of my head, I'm not sure if there's a mandatory minimum jail term or fine. But it's a serious charge, so you should hire a good criminal defense attorney to be by your side throughout your case -- and then you can ask him or her for sure.

Best of luck to you.

Q: How much time does 6503.1 carry in Pennsylvania

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Aug 29, 2018
Cary B. Hall's answer
I believe it's a second-degree misdemeanor, which carries a maximum jail time of up to 2 years plus a fine. Off the top of my head, I'm not sure if there's a mandatory minimum jail term or fine. But it's a serious charge, so you should hire a good criminal defense attorney to be by your side throughout your case -- and then you can ask him or her for sure.

Best of luck to you.

Q: I was charged with a dui but when police showed up my car was off and i was out of my car

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Aug 20, 2018
Cary B. Hall's answer
Recognize that you're asking your "question" in a Pennsylvania forum, so I'll presume that you were cited in PA. If not, try asking your question in the New Jersey forum for help concerning New Jersey law.

I'll also presume that your question is, "How can the cops cite me for DUI under these circumstances?" The circumstantial evidence is that you drove your car to that location (which is a pretty reasonable presumption, and almost certainly true). You may have also specifically told...

Q: i got a DUI driving with suspended lisence possion and tampering with evidence this was in Doyle's town

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Aug 14, 2018
Cary B. Hall's answer
If this is your first DUI, I've got to think that your driver's license suspension was not a DUI-suspension. Extremely important distinction, because if you drive on a DUI-suspended license, it's an automatic 60 days in jail. If you drive *drunk* on a DUI-suspended license, it's 90 days in jail. But if it's just driving on a regular ol' suspended license, whether drunk or sober, there's no extra jail time.

For a first DUI, it's usually up to 72 hours in jail -- unless you qualify for...

Q: What is dram shop liability and how can a bar be held responsible for the car accident of one of its drinking patrons?

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Aug 10, 2018
Mr. Ryan L Hyde's answer
Respectfully, this is not an easy question to answer. Dram Shop litigation is an area best explained by specialists. Essentially it is an advanced form of negligence where case and statute has held that drinking establishments can be held accountable for overserving clients. Your best bet would be to contact one of the local Dram Shop experts in your area.

https://en.wikipedia.org/wiki/Dram_shop has a decent explanation.

Q: Can you get a hardship license on a first offense DUI if you had a high BAC?

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Jul 28, 2018
Cary B. Hall's answer
Typically, yes. It's called an OLL -- occupational limited license -- and allows you to drive only to and from work and school, and you need your employer and/or school to sign a PennDOT form. Some folks don't like to let their jobs know about a DUI, however, so it's not a great option for some. You'll also have to wait 60 days before you can get one as well, so you'll still be suspended for two months first.

If you haven't gotten a prior DUI in the past 10 years anywhere, then you...

Q: I received ARD for my dui 9/17 (bac .16>) I have yet to pay fines or do my classes 6/18 was charged with aggravated dui

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Jul 25, 2018
Cary B. Hall's answer
Initially, I see you're asking your question from Brooklyn, NY -- just making sure you realize you're posting your question in the Pennsylvania law section, because that's the answer you're going to get. Pennsylvania law.

Your ARD in Pennsylvania will almost certainly be revoked unless you can somehow get your new West Virginia charges completely tossed out. If that happens, and assuming that your Pennsylvania DUI was your first DUI ever, then you're looking at a mandatory minimum of...

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