The ability to drive is a critical aspect of our everyday lives – so much so that we often take it for granted. Losing the ability to drive can result in the loss of your job as well as your ability to earn a living to support your family. Hiring an experienced PA Driving Under Suspension Lawyer is critical if you are charged with driving under suspension or driving under suspension dui-related (1543 (b).
There are often many ways to successfully defend against a driving under suspension charge in court. In addition, many driving under suspension sentences may be served on Bucks County Home Confinement (Bucks County Restrictive Probation with DUI Conditions).
As a Bucks County Driving Under Suspension Attorney, I am familiar with the application process for Bucks County Home Confinement for driving under suspension. Similarly, Montgomery County House Arrest is available as a sentencing alternative in driving under suspension cases.
A DUS Conviction Can Have Severe Consequences
Unfortunately, many people plead guilty to driving under suspension and pay the fines and court without realizing that the conviction may result in an additional driver’s license suspension as well as mandatory jail time. Others may not realize that their driving privileges have been suspended indefinitely due to an unpaid traffic citation or fine. It is important to have a knowledgeable traffic offense attorney on your side if you have been cited for driving under suspension.
Bucks County Driving Under Suspension Lawyer
I have over a decade of experience providing skilled and aggressive representation to individuals facing charges for driving under suspension and other major traffic offenses in Bucks County, Montgomery County, and the surrounding counties. Contact me at (215) 752-5282 for a free initial consultation, or fill out the confidential contact form for an immediate response. Appointments are available after business hours and on weekends.
Traffic Offenses that Result in a Driver’s License Suspension
- Driving under the influence
- Refusal of chemical testing for DUI
- Reckless driving
- Speeding
- Driving with a suspended license
- Leaving the scene of an accident
- Accumulation of 11 or more points on your driving record
Criminal Convictions that Result in a Driver’s License Suspension
- Most driving under the influence offenses
- Any felony offense in which a vehicle was essentially involved
- Terroristic threats by those under 21 on school property
Penalties for Driving Under Suspension
- 1st offense
- Summary offense
- $200 fine
- 1-year license suspension (additional 2-year revocation if the license was revoked)
- 2nd offense
- Summary offense
- $200 to $1,000 fine
- Up to 6 months in jail
- 1-year license suspension (additional 2-year revocation if the license was revoked)
- 6th or subsequent offense
- Summary offense
- Mandatory $1,000 fine
- Between 30 and 60 days in jail
- 1-year license suspension (additional 2-year revocation if the license was revoked)
Penalties for Driving Under Suspension DUI-Related
- 1st offense
- Summary offense
- Mandatory $500 fine
- Mandatory jail time of between 60 to 90 days
- 1-year license suspension (additional 2-year revocation if the license was revoked)
- 2nd offense
- Summary offense
- Mandatory $1,000 fine
- Mandatory jail time of not less than 90 days
- 1-year license suspension (additional 2-year revocation if the license was revoked)
- 3rd or subsequent offense
- 3rd degree misdemeanor
- Mandatory $2,500 fine
- Mandatory jail time of not less than 6 months
- 1-year license suspension (additional 2-year revocation if the license was revoked)
Penalties for Driving Under Suspension DUI-Related with .02% Alcohol or Drugs
- 1st offense
- Summary offense
- Mandatory $1,000 fine
- Mandatory 90 days in jail
- 1-year license suspension (additional 2-year revocation if license was revoked)
- 2nd offense
- 3rd degree misdemeanor
- Mandatory $2,500 fine
- Mandatory jail time of not less than 6 months
- 1-year license suspension (additional 2-year revocation if license was revoked)
- 3rd or subsequent offense
- 1st degree misdemeanor
- Mandatory $5,000 fine
- Mandatory jail time of not less than 2 years
- 1-year license suspension (additional 2-year revocation if license was revoked)
Driving Under Suspension Defenses
I will thoroughly review the facts and circumstances of your case as well as your driving record to determine the most effective legal strategy to defend your case in court.
In some cases, I have been successful in preventing a conviction for driving under suspension by establishing that the driver never received the required notice of suspension from the Pennsylvania Department of Transportation (PennDot) or by proving that the driver was not under suspension at the time he or she was cited.
In other cases, I have been able to produce evidence demonstrating that someone other than the individual cited for the offense was operating the vehicle. Proving that the driver was not operating his or her vehicle on a highway or trafficway as defined under the law may also be a defense to a driving under suspension charge in certain cases.
Take Immediate Steps to Protect Your Driver’s License
If you are cited for driving under suspension, it is generally not advisable to represent yourself in court. Hiring an experienced traffic offense lawyer and requesting a hearing at the district court level will give you the best chance of successfully resolving the case. Over the course of a decade in criminal defense practice, I have developed and maintained professional relationships with magisterial district judges, county judges, prosecutors, and state and local police.
It is often possible to negotiate with the police and prosecutors to downgrade the citation to a lesser offense that will not result in a driver’s license suspension or mandatory jail time. I will review the evidence in your case to determine the most effective legal strategy to protect your driving privileges and your freedom.
Summary Appeal
I can file a summary appeal if you are found guilty of driving under suspension in the magisterial district court. The summary appeal must be filed within 30 days of the conviction and will result in a “de novo” or new hearing before a judge in the court of common pleas of the county in which the citation was issued.
What Happens at the Summary Appeal Hearing?
During a summary appeal trial, all available defenses to the citation can be presented to the judge of the Court of Common Pleas. Prior to the hearing, it is often possible to reach an agreement with the prosecutor to downgrade the citation to a lesser offense that does not trigger a driver’s license suspension or jail time.
In certain cases in which a viable defense may not be available, I have been able to negotiate an agreement that the jail sentence imposed be served on house arrest or home confinement. Completing the sentence on home detention will minimize the impact of the penalty on a driver and their family.
What Can I Do If I am Past the Deadline for a Summary Appeal?
I can also review the circumstances of your case to determine whether a “nunc pro tunc” or untimely appeal can be filed after the 30-day summary appeal period has expired. If a Motion to Appeal Nunc Pro Tunc is granted by the court, you will be able to file a summary appeal of your conviction.
Start with a Strong Defense
Contact me if you have been charged with driving under suspension or driving under suspension DUI-related in Bucks County, Montgomery County, or the surrounding Pennsylvania Counties. It is critical to act quickly to protect your rights and your driving privileges. Phone lines are open 24 hours a day at (215) 752-5282. Call today for a free initial consultation, or fill out the confidential contact form for an immediate response.