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Pennsylvania DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: Charged with 1543A in 2019. this year trying to charge me with 2nd 1543B from a DUI in '09& 1543B in 14'. How?

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... View More

Ellis B. Klein
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Ellis B. Klein
answered on Mar 21, 2021

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... View More

2 Answers | Asked in DUI / DWI for Pennsylvania on
Q: I had a DUI back in 2006. I just received a fine in the mail stating that I was seen driving by a police officer.

I haven't drove at all. Now I'm looking at jail time. They said I'm dui suspended from 15yrs ago. Am I going to jail?

Ellis B. Klein
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Ellis B. Klein
answered on Feb 26, 2021

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.... View More

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1 Answer | Asked in DUI / DWI and Traffic Tickets for Pennsylvania on
Q: Driveing without a liscense, I was unaware of it what should I expect/do?

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 I wasn't aware that it had been revoked due to covid. I had received a notice before hand but nothing after confirming it was revoked.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... View More

Timothy Kraeer
Timothy Kraeer
answered on Jan 20, 2021

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... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: How do i deal with a second DUI while on probation and revoked ARD for first DUI ?

got a second DUI i crashed my vehicle with my 2 young children in rhe vehicle while on probation and in the ARD program but was revoked

Ryan L Hyde
Ryan L Hyde
answered on Nov 1, 2020

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... View More

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
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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... View 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... View More

Ryan L Hyde
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... View 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

Ryan L Hyde
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... View 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...
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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... View More

Ryan L Hyde
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.

Ryan L Hyde
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... View More

Ellis B. Klein
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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... View 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?

Ryan L Hyde
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... View 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?
Ryan L Hyde
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.
Ryan L Hyde
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... View 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
Ryan L Hyde
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... View 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
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Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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,...
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