Category Archives: Motor Vehicle Law

My eighth suspended license offense

Q: I was caught driving on a suspended license for the 8th time. This time in Dauphin County. I live in Westmoreland. Can I appeal the sentencing? I missed my court date with the district justice office and got 6 months county prison time. I have appealed it, but was wondering what my chances are of getting the sentence changed to something other than prison time. I know of people who have been caught 15 times or more and did no jail time.

A:  I cannot tell if this a Motor Vehicle Code 1543 (a) or (b) suspension. 1543 (b)’s are DUI related and carry additional penalties under the habitual offender statute. If you have appealed in a timely fashion, you may be able to receive a sentence of house arrest or electronic home monitoring. However, I am unfamiliar with the practices of the DA and courts In Dauphin County, so you will have to confirm this with a Dauphin County attorney. You may want to hire the attorney who  has kept your friend with 15 license suspension convictions out of jail. Be aware though, you may face problems in having Dauphin County transfer an electronic monitoring house arrest sentence to Allegheny County for supervision.

 

Can I let unlicensed driver drive my car?

Q: Car and insurance in my name being driven to work by someone without a valid license. What happens to me if he gets pulled over .He is in process of getting his license back, the title and insurance are in my name. Will only he get in trouble if caught, or will I also get in trouble?

A: In PA, if you have knowledge that a person has no driver’s license-whether suspended or they just don’t have one, and you allow them to operate your motor vehicle, you can be charged with a summary motor vehicle offense. I have seen it happen. In addition, read your insurance policy to make sure your carrier will not deny coverage if such person is involved in an accident.

Does there have to be video evidence in a traffic stop?

Q: I let my friend use my jeep and he does not have a license. He and a licensed driver switched seats before the police were able to get behind the jeep. The officer says he saw the switch. There is no video evidence it. It is two people’s word against the police officer. Is there any hope of fighting the ticket and winning?

A: In most states there does not have to be video in order for probable cause to be supported or an arrest to be legal. Some progressive departments routinely use it and I understand even a few have a policy in place. Unless this police department routinely uses video in traffic stops or has a policy to do so, and for some unexplained reason, this officer did not use the camera, the officer’s word may likely be believed over your friends, by a judge or jury. However, if your attorney can establish other evidence through skillful cross examination, for example, the officer wasn’t in position to make the observation, there are discrepancies in the police report, etc., who knows, your friend may be able to establish reasonable doubt.  He should review this situation with an attorney. One thing you need to be aware of is that you can be cited for lending an automobile to someone who you know does not have a valid license. You therefore should not make any statements to the police.