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Pennsylvania DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for Pennsylvania on
Q: Why would there be $20,000 monetary bail set for the following charges????

A close friend is currently in jail for DUI. It's his 3rd in 10 years. He's been there since the scheduled prelim hearing (waived) a month ago. Formal arraignment is in a few weeks.

What other factors could there be, that aren't mentioned on the docket sheet, that could... View More

Ryan L Hyde
Ryan L Hyde
answered on Feb 3, 2018

Its a third offense DUI, while he was still suspended. The judge may just believe that you are friend represents a danger to the community

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1 Answer | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: I have a question about a driving with out a license under d.u.i suspension

I was charged with driving without a license under d.u.i suspension in April 2017.. I was confused because I caught my d.u.i in 2010, the judge told me if I'm found guilty I have a mandatory 60 days..when my court date came I didn't show and they continued without me..I got a letter in... View More

Ryan L Hyde
Ryan L Hyde
answered on Jan 28, 2018

It wasn't an intelligent decision to not show up. They found you guilty In Absentia. Depending on how long ago this happened you may be able to get an attorney to help you with this. 60 days in jail is a lot of time. Most counties have alternative to jail sentences for which these cases can be... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: When can you apply for OLL in PA?

Fiance got 2 DUIs 10 days apart in Nov2016. Courts finalized and charged him Jul2017. He lost his licence for 2yrs. But needs a license to get to work. When can he apply for OLL? Don't want to lose his job. His lawyer was no help as he knew nothing about OLL. Tired of paying $$ not getting a... View More

Ryan L Hyde
Ryan L Hyde
answered on Jan 15, 2018

The challenge is the Occupational Limited License is no longer available for DUI suspensions. The law changed in August of last year and there are still a lot of questions about its application. With two offenses he may be eligible for an ignition Interlock Limited License. The chart here shows... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Was I pulled over illegally?

I was pulled over driving my sister's car. The car is legal, but her license is suspended. They pulled me over thinking I was her, driving illegally. I have a licence and am legally allowed to drive. They have me no reason for the stop. Asked me to do field sobriety, I did and passed. Then I... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 15, 2017

You need to talk to a lawyer who handles dui in your county because they had to have found something to charge you with a dui.

If they suspect you are driving while intoxicated--and they will doiubtless say you were driving erratically--they can pull you over.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: how can you be charged with a dui if no blood or field soberity test was taken?

my husband was charged with a dui in Philadelphia the arresting officer said himself that he was not trained to perform the routine test. they didn't take his blood nor did he refuse to any of these test. he is currently detained and has been since july of this year. how can he be charged with... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 30, 2017

Unlikely he is detained for a dui. He must be on hold for a probation violation. Suggest you contact a criminal law attorney but first find out what it is he's being held on.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I just had some beers with me but i wasn't drunk they just send me the paper for the trial.

I just want to have an idea what to do

Ryan L Hyde
Ryan L Hyde
answered on Nov 2, 2017

Get an attorney. They have to prove you were impaired, but believe it or not, prosecutors are pretty good at asking the right questions, and officers always seem to know what to say. You need someone on your side who knows how to fight and ask the questions that will trip them up.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Why does it appear on my docket as though I threw something on the highway, when arrested for DUI?

After being approached in my parked car, a police officer administered a sobriety test and insisted I get blood work or I would be arrested. On my PA docket there is a charge 75 3709 A. I did not litter, nor did the officer even discuss any type of littering. Did he put this on there to have reason... View More

Ryan L Hyde
Ryan L Hyde
answered on Nov 1, 2017

It is standard practice for the officer to cite you with the conduct that led to the stop in the first place. He does not have to discuss the conduct with you, but in general must make reference to it in his/her complaint. In your instance he is probably justifying the stop. In general where I... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Will a PA DUI conviction follow me to Tennessee. First DUI, will lose CDL for 1 year.

Earned my CDL here in Pennsylvania on August 18th. Acquired a job with a trucking company out of Tennessee. Received a DUI charge and was convicted on September 18th. Will lose my CDL here in PA for one year. If I chose to relocate to Tennessee to again work for this trucking company, will the DUI... View More

Ryan L Hyde
Ryan L Hyde
answered on Oct 19, 2017

There is something called the interstate compact which means a bunch of states got together and said they would honor each others suspensions. Tennessee is one of five states not to be a member to this agreement. However, that does not mean they won't honor the suspension. Your best bet is... View More

1 Answer | Asked in Immigration Law and DUI / DWI for Pennsylvania on
Q: My boyfriend was picked up for dui in york will he be able to post bond

Will he be able to come home after posting bond

Matthew J Hartnett
Matthew J Hartnett
answered on Oct 18, 2017

I'm sorry that your boyfriend was picked up. Do you have a lawyer? If not, I would recommend discussing this case with an attorney. The Judges in York don't automatically give people bonds, especially when there is a criminal history. He has a better chance to get bond if he is... View More

1 Answer | Asked in Child Custody, Child Support, DUI / DWI and Family Law for Pennsylvania on
Q: Kids Father has suspend Lics, Multiple DUI & Filing for Joint Custody. Can i counter w/ full & Supervised wkend Vists

My Kids Father has lost his past Job from DUI charges, he doesn't have a stable home and bounces back and forth from his mothers & sisters house. He currently has a suspended licenses and charges for a failure to install interlock device in his car and he still drives to work. We never had... View More

Ryan L Hyde
Ryan L Hyde
answered on Oct 6, 2017

Sure. Once a custody matter is initiated the court decides what custody is appropriate unless there is an agreement between the parties. The first thing you should understand is there are two types of custody, legal and physical. The preference, almost always, is for shared legal custody. You... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Do you lose your license automatically if you get convicted of a DUI? How do you get it back?
Ryan L Hyde
Ryan L Hyde
answered on Sep 24, 2017

Yes, you lose your license automatically if you are convicted. Its a statutory penalty for most DUIs. The how do you get it back question is trickier and depends on what offense this is for you. Pennsylvania has recently adopted a number of measures to make it easier for people with a DUI... View More

1 Answer | Asked in DUI / DWI, Employment Law, Gov & Administrative Law and Health Care Law for Pennsylvania on
Q: Clinical evaluation was done 1.23.2014, PA is saying that it's too old, and need to be done again.

Evaluation was done in NY where incident occurred, but only saying it's too old. Clean record since. No issues. Just moved to PA from NY and applying for license here in PA. Left NY license in good standing after finishing legal process.

Peter N. Munsing
Peter N. Munsing
answered on Aug 31, 2017

Not sure what evaluation you need, but if you had some situation it was needed for Pa. and most states require that on reapplication you may need another.

1 Answer | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: Can I apply my incarceration time to my fines?

Have completed 1.5 yr of 2-4 yr sentence.

$25,000 in fines. $7,000 in DUI fines. Would like to apply jail time to fines.

Ryan L Hyde
Ryan L Hyde
answered on Aug 26, 2017

Usually that is not possible. The state views them as seoarate punishments. Making the switch from a fine to more jail would amount to a debtors prison. If some of those fines are cost tou could ask your attorney to apply to have them forgiven. The general rule, however, especially dealing with... View More

2 Answers | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: Need help on what to do and what steps to take?

I have a spouse that has been on probation for not that long now. Well one day she couldn't make it because she had her kids and had no ride, so she called her probation officer and left her message stating all this. Now that is the first time she ever missed or violated anything. Well she... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2017

This is a job for a local attorney, NOW. Get a public defender, if you cannot afford private counsel.

If you had an attorney before, she likely would not have gone to jail, unless she has had other violations.

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1 Answer | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: dui probation de, paid fines. de transferred to pa to finish probation.... why
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2017

Because probation has to be supervised by people in the state where you live. This is very common, espcially in felony cases.

William C. Head

https://www.bubbahead.com

1 Answer | Asked in Traffic Tickets and DUI / DWI for Pennsylvania on
Q: Is it illegal transport if driver under 21 transports alcohol if person over 21 who bought it is passenger?
Ryan L Hyde
Ryan L Hyde
answered on Aug 10, 2017

It might be. You dont give enough facts to decide. If for instance you're 19 and the person is 21 and the officer can prove some of the alcohol was purchased for you... crime. Circumstantial evidence could be used to prove those facts. So, the best bet is when you are charged with underage... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I got a dui 3 years ago in Alabama and then one last night in Pennsylvania, while on parole. Penaltys?
Ryan L Hyde
Ryan L Hyde
answered on Jul 22, 2017

Depends on what was in your blood. A second offense DUI in Pennsylvania in the highest tier carries a 90-day maximum sentence. Whether or not you do more jail time than that is dependent on other factors. The fact that you were still under supervision for your last DUI could make your case... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Can I get a conditional discharge for a first dui ? Even if in a convicted felon?

I had a night of severe stress and depression due to my father passing, my wife leaving me, and my daughter running away from home all at the same time. I took a bottle from a friends house and chugged it, i don't remember anything after that, I guess I jumped in my mothers car and drove off... View More

Ryan L Hyde
Ryan L Hyde
answered on Jul 20, 2017

If you would have hit and killed someone in your drunken state would they have gotten a redo?? The bad things going on in your life dont give you the right to endanger others.

That being said, your prior record is going to make this csse worse than it needs to be. Get an attorney to help...
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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: 4th DUI No drivers license Last DUI was over 4 years ago What's the changes of house arrest ? Have a medical condition

What does a DUI lawyer charge ?

Ryan L Hyde
Ryan L Hyde
answered on Jul 17, 2017

Technically it's illegal in the state of Pennsylvania to get house arrest on your fourth DUI. In most counties in the state that I practice in you looking at State time. The good news is the state prison system has very good medical facilities. It would very much behoove you to get an attorney... View More

1 Answer | Asked in Child Custody, Family Law, Criminal Law and DUI / DWI for Pennsylvania on
Q: What to do?? custody and ex...

My girl went to first hearing of custody of her 2 kids and the father of the kids is jealous, i wanted to know what should i do she told the judge im renting the basement of the house she lives in, she is 4 months pregnant (mine) now i love her kids like if they were mine too but the father is... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jul 8, 2017

The court can consider your DUI when making a custody determination. The best thing you can do now for your girlfriend is to help her obtain legal representation by an experienced family law attorney in your county. if your only conviction is an alcohol-related DUI, that shouldn't the one... View More

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