Mr. Ryan L Hyde's answer Unfortunately what you were told by the court doesn't matter. The court doesn't decide suspensions PennDot does. It happens more often than people think that they are poorly advised. What did your attorney tell you when you were sentenced? Your first and best place to start is with the attorney who was with you when you pleaded guilty. If you didn't have an attorney, this is why we tell people to hire attorneys, you could request the paperwork at the clerk of courts of the county where you...
Mr. Ryan L Hyde's answer Can you fight it? Sure. PA has a pretty tough DUI law. However, they do have to prove that you were under the influence when you were driving. Their observations are unimportant as if they can say you were impaired when you driving through third party testimony they can still convict you. There are ways of doing that but it is still a triable case. You should consult with a local experienced DUI attorney. They will have more experience in these types of defenses and trial experience...
Cary B. Hall's answer They very likely got a copy of your medical records which would indicate the level of alcohol in your blood. If you were over the legal limit, expect to get a summons in the mail directing you to appear at a preliminary hearing for DUI charges.
If you're in southeastern PA and would like to discuss your situation further, feel free to contact me offsite -- my contact information is in my Justia profile. Best of luck to you.
Cary B. Hall's answer Due to a law change a few years back, his 3rd and 4th DUIs will *not* be considered 1st offenses.
Your husband needs to hire a good criminal defense attorney, and now. He's in trouble, and DUIs have escalating penalties the more you rack up with mandatory minimum sentences. Best of luck to him -- he's gonna need it.
Cary B. Hall's answer You should contact your attorney/public defender to let them know about the scheduling issue. Often, the trial judge isn't aware that you were accepted into the ARD program, so someone needs to tell him/her.
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.
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.
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...
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.
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...
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...
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!
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.
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.
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
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...
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...
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.
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.