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 »
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.
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 »
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 »
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?
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 »
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 »
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 »
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 »
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 »
It depends on whether it's a first offense, or a second, third, fourth, etc. You wouldn't be eligible for expungement, but it's possible that your DUI criminal conviction could be "sealed" under PA's recently enacted Clean Slate Act. At the very least, all fines/costs must be satisfied first, and...Read more »
Does dui in Va count in Pa ? I was offered 10 days in jail and twenty house arrest but could not accept because of medical conditions later they said wait it’s three we found one in Va and gave me 6 months house arrest seems fishy to me
Yes a VA DUI would count if it was within the 10 year window. A lot of times they dont pull out of state drivers abstracts unless they prep the case for trial. You should talk to your attorney if you have questions about what happened.
I had a DUI back in December I am in the ARD program and plan to apply for the interlock limited license. Why did I receive 2 license suspensions from the DMV? One of the letters said suspended for 1 year for driving while suspended 1543A. The other is the 2 month ARD program suspension. Does this... Read more »
Yes, it sounds like you have two suspensions - and PennDOT runs them consecutively, not concurrently (meaning 1 year + 2 months = 14 months suspension for you). Best way to confirm is to get your Restoration Rights Letter online at https://www.dot3e.penndot.gov/driver_services/dllogin.jsp. You...Read more »
Yes and no. The charge of driving while DUI-suspended (1543(b)) caries a mandatory jail time of 60 days -- or 90 days if you're caught driving with any amount of alcohol in your system. The judge can't change that, and the cop can't change that.
I cannot afford an attorney and I have not worked for 2 years due to several operations (Ulcerative colitis, hernia, pouchitis) . I have Crohns disease and cannot afford obtain the medication I need. Due to my offenses I am told I will have to go to jail for at least 30 days which I could not... Read more »
If he has truly never seen someone go to jail on a first offense DUI he is either very young or very inexperienced. I should suspect he was not being totally truthful with you. Most DUI's have mandatory jail associated with them. If this is your first run in with the law you should be eligible...Read more »
A 3rd DUI conviction in Pennsylvania will result in mandatory jail time of between 10 days and one year (depending on the subsection you're charged with). House arrest may be an option in some jurisdictions as well, and time spent in in-patient drug treatment facilities might also count....Read more »
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