Tag Archives: 1543 (b)

Why did I receive a traffic ticket without a fine amount or court date?

Q: I received a traffic ticket for speeding while driving under a suspended license (from a DUI). The police officer did not bring it up or address it in the fine, but rather wrote that I was speeding 22 mph over the speed limit. I thought I was getting a huge break but when I got home I noted no fine amount so that I may plead guilty, pay the fine and hope I am not caught in the process of the suspension? Being that this would add 4 points to my driving record, does that warrant a mandatory appearance in front of a judge or could I call the Clerk of Courts to get the fine amount, pay it, and move on? (White Oak, PA)

A: Your question is a little unclear. I suggest taking the citation to a lawyer. If you were cited for speeding, 3362 and driving under a suspended license, DUI, 1543 b, you have a problem. The speeding will carry a fine, but the 1543 for a first offense can result in a one-year license suspension, 60 days in jail and a $500 fine. If you were cited only with speeding citation, and not a 1543 b, if you plead guilty and pay the speeding fine, the police cannot cite you thereafter for the 1543 as it would constitute double jeopardy and violate Criminal Rule of Procedure 109 and/or 110. However, what will likely happen is the cop will run your record after he gets back to the station, discover you are under and DUI suspension and cite you with a 1543 before you can get to court on the speeding offense.

MOTOR VEHICLE LAW, MAXIMUM SPEEDS, DUI SUSPENSION, 1543 (b), PLEA

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. (Murrysville, PA)

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 Westmoreland County for supervision.

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.

 

Will I go straight to jail for a suspended license offense?

Q: When I go in for the execution of my jail sentence will I go in front of a judge or straight to jail? I was charged with driving under a suspended license. It is my first time offense. I was sentenced to 60 days in jail. Can I get community service or something else to avoid going to jail? (Bethel Park, PA)

A: If you were convicted by a District Justice, which I think is what you are saying, you have 30 days to report back to turn yourself in for sentencing. A 1543 (b) which is a DUI related driving under suspension, carries 60 days in jail, a $500 fine and a one year license suspension. A 1543 (a) offense is a non-DUI related suspension, carries a $200 fine, a 1 year license suspension and no jail time. I was assuming you were convicted of $1543 (b), the more severe punishment of the two. In Allegheny County, the District Justice does not have jurisdiction to sentence you to house arrest. In order to get house arrest, you have to appeal the conviction within 30 days. When you file the appeal, you will be given a court date before a judge in the Court of Common Pleas who does have jurisdiction to sentence you to house arrest. To file the appeal go to the courthouse and fill out the form at the Clerk of Courts and pay the filing fee. I advise hiring an attorney if you can. An attorney can also handle this for you to make sure it is done correctly and may possibly have the 1543 (b) negotiated down to another lesser traffic offense, if the police officer is willing, or if there is a defense.