Pennsylvania Drivers License Suspension Legal Questions

If you were stopped for a motor vehicle violation the statute of limitations it 30 days.  There is some leeway if the driver is unknown but it would not extend it to 5 years.  Were you charged?  If you were charged they only have so long to bring the case to trial unless you are wilfully not present.  Then they have to show that they tried to serve you.  You should talk to a traffic attorney in the jurisdiction you were cited or believe you may have been cited. ... Read More

The answer to your question depends on whether she was able to identify you.  She is not required to ask you anything if she can independantly identify you.  However, if she misidentified you, IE handed you a ticket with someone else's name on it you might have a defense.  ... Read More

Section 1543 refers to a person operating a motorized vehicle on a highway or public road.  There is caselaw which defines a tractor as a motorvehicle.  This is important because if you were DUI suspended at the time you may be looking at a mandatory 60 day jail sentence.  You may have a defense but it is not an easy one to bring.  Sit down with a local attorney who knows the judge.  They will be able to give you a clear answer of how that particular court deals with these types of cases.  ... Read More

So, if you need help with your drug addiction, what are you doing to get help?  A judge is not going to acquit you because you were driving on a suspended license because you needed drugs.  That is not a defense in any matter in the CW.  A judge might be willing to help you out if you show that you are in a treatment program and getting help for your addiction.  Most of the judges I practice in front of will not see you as a victim.  They will see your mother as one, a victim of your decisions not the court's punishment for you making those decisions.  Your first phone call should be to someone to do a drug and alcohol evaluation, your second phone call should be to a local defense attorney.  Driving under Suspension DUI related carries with it mandatory jail time.  You are creating quite a big hole for yourself.  I know this is a cliche but you need to talk to a local traffic attorney.  Depending on the county there may be programs that help keep you out of jail.  Importantly, often times inpatient time can be credited towards a jail sentence.  These types of things require the deft touch of a local traffic attorney.  ... Read More

The answer to this case really depends on the driving while suspended you are charged with.  Many DUS charges carry mandatory jail times and additional license suspensions.  Having an attorney can be instrumental in avoiding jail.  Importantly, you do not have to have an attorney.  If you can't afford an attorney, and are facing jail time you may be eligible for a public defender.  I don't know the judge or why she is requiring you to get counsel but she may be looking out for your best interests.  Call the local bar association and try to at least do a consultation with a local traffic attorney.  They will have access to information the general public does not and may be able to provide you helpful guidance.  More importantly, most attorneys in traffic cases cost significant less than most people think.  The value in avoiding jail and additional suspensions often far exceeds the fee you would have to pay.  ... Read More