Tag Archives: MOTOR VEHICLE

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.

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.

Will I have a criminal record?

Q; Will these records stay as criminal record and affect my school as well? I received a charge of Title 75 Section 3745 (A) (lead) Accidents Involving Damage to Unattended Vehicles or Property. It said I need to sign either not guilty or sign guilty with fine 397 dollars if I sign guilty. My question is that would I get suspended from PennDOT? Also, if I plead guilty would that be stay in my record forever and it would affect me with school in fall 2014? This is my first time getting this and I am freaking out as well. Also, I just started driving in this summer as well and yet I am 26 years old. Someone please help me with problem. I know I made a mistake but I am in panic since that day. I am worried that if it would be consider as serious crime.

A: A violation of the above section is a summary Motor Vehicle Code violation and does not carry a driver’s license suspension from PennDOT. This is because it involves unattended vehicles. If it involved an attended or occupied vehicle, under Section 3743, it would be classified as a misdemeanor and carry a license suspension. These statues are commonly known and referred to as leaving the scene of an accident. Your offense also carries 4 points. I would hire a lawyer and try to bargain it down. See if you can get it down to a something that sounds better, like careless driving ( 3 points) or obedience to traffic controls (no points).

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 deed 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

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 deed 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.