Manchester and Associates

Pennsylvania Criminal & DUI Defense

Driving License Issues

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Can You Go To Jail For Driving While Suspended In Philadelphia?

After the first one? You bet.

In this blog I will talk about driving while suspended, 75 Pa.C.S.A. 1543a. I will discuss driving while suspended DUI in another post.

There are many ways to get suspended.

Getting too many points in a short period for different traffic offenses. Driving with suspended registration. Driving without insurance. Getting in a car accident and not paying the judgement. Not responding to a traffic ticket. Yes, you can be suspended for not pleading guilty or not guilty to a ticket. Not paying child support and so on and on.

If you are driving while suspended, about 90 plus percent of the time you will get charged with it.  As I tell my clients all of the time: There is a difference between getting charged and getting convicted. In Pennsylvania your first driving while suspended will only result in a one-year additional suspension. From the second to the fifth time a person is convicted of driving while suspended, a jail sentence is up to the judge. After your sixth and subsequent conviction the minimum is 30 days in jail with a maximum of 6 months. There is no 10 year look back to determine minimum jail time like there is for DUI offenses. It makes no sense that with DUI charges there is a time limit to increase jail time. But as I always say, the law doesn’t make a lot of sense. That is why my firm is so busy.

Now being charged with driving while suspended doesn’t mean you will be convicted. There are many defenses. However, in most cases the police can show a driver is the driver and their license is suspended. In most cases it comes down to mitigating damages. There is a limitless number of legitimate reasons that can be used to do that. That is where experienced lawyers come in and where getting the mitigation together BEFORE court comes to play.

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New Changes Coming To The Ignition Interlock Limited Licenses Law In Pennsylvania

How The Change Will Affect Your Ability To Get One If You Are Convicted Or Already Convicted Of A DUI In Pennsylvania?

Pennsylvania Ignition Interlock Limited License is a special license that individuals can apply for through Pennsylvania Department of Transportation. This license is issued to an individual that had their general license suspended for a period of time. This special license allows that individual to drive and operate a vehicle with an Ignition Interlock system installed in the vehicle that they are driving. The Ignition Interlock system will not allow the vehicle to start should it detect alcohol on the individual’s breath then they blow into the system.

Pennsylvania Senate bill 290 was signed by Governor Wolf back in 2016. The section in Senate bill 290 dealing with how Ignition Interlock Limited License will become effective August 25, 2017. This bill at the same time will eliminate the ability for the individuals who have their licenses suspended for a Pennsylvania DUI under sections 75 PACSA 3731 or 75 PACSA 3802 or for a refusal to submit to chemical testing under section 75 PACSA 1547 to apply for or receive an Occupational Limited License. See my post on that matter.

Ignition Interlock Limited License is under 75 PACSA 1556 of the PA code. The new law states that it will apply to all offenses under Pennsylvania DUIs 75 PACSA 3802 and Refusals 75 PACSA 1547. The petition fee with PennDOT will be $65.00 and is nonrefundable and must be sent certified mail on the prescribed form from PennDOT. To qualify the law requires that all fines, cost, and restoration fees are paid in full, that the vehicle or vehicles in which the operator wants to use be equipped with an approved ignition interlock system, proof of the ignition interlock system must be proved with the petition, proof of financial responsibility covering all vehicles that the operator intends to use. If the applicant qualifies PennDOT must issue an ignition interlock limited license within 20 days after receiving the petition and all other required documents.

There are waiting periods associated with this special license like there were with the Occupational Limited License. Defendants who have not had a prior DUI offense are immediately eligible for the Ignition Interlock Limited License. All other DUI Defendants if they are serving a 12 month suspension then you must first serve 6 months of that suspension before being eligible. If you are serving an 18 month suspension then you must first serve 9 months of that suspension before being eligible. If you are serving a suspension for Refusing to submit to chemical testing and have a 12 months suspension then you must first serve 6 months of that suspension before being eligible. If you are serving an 18 month suspension then you must first serve 9 months of that suspension before being eligible. This license does not apply to those individuals in the ARD program. In addition time served on the ignition interlock license under this program does not reduce the time period in which you are ordered to have an ignition interlock program. You must complete your entire suspended time first on this license, then it will start to reduce the interlock period, if your sentence requires and ignition interlock.

Should you find yourself in a situation where you need legal representation whether it is dealing with a license issue or a criminal matter contact attorneys that are going to know the law inside and out. Here at Manchester and Associates we represent people across the Commonwealth of Pennsylvania. At Manchester and Associates, we practice in criminal defense, thus we understand when people find themselves accused or charged with a crime, and the challenges that each individual case could face in the PA judicial system including license issues. With a combined experience of over 50 years, there is almost no situation we have not encountered.

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New Changes Coming To The Occupational Limited Licenses Law In Pennsylvania

How The Change Will Affect Your Ability To Get One If You Are Convicted Or Already Convicted Of A DUI In Pennsylvania?

Occupational Limited Licenses A Thing Of The Past?

Pennsylvania Occupational Limited Licenses are a special license that individuals can apply for through Pennsylvania Department of Transportation. This license is issued to an individual that had their general license suspended for a period of time. This special license allows that individual to drive and operate a vehicle to go to work.

Pennsylvania Senate bill 290 was signed by Governor Wolf back in 2016. The section in Senate bill 290 dealing with how Occupational Limited Licenses will become effective August 25, 2017. Under the old/current law under 75 PACSA 1553 Occupational Limited License could be issued by the Pennsylvania Department of Transportation for almost all instances when an individual’s operating privileges were suspended. Some of the violations that caused a license suspension had waiting periods before they could apply. For example an individual who had their license suspended for a period of 12 months because of a violation for a first time Pennsylvania DUI offense will not be eligible for an Occupational Limited License for a period of 60 days. After which they would have been eligible to apply for the program. Second offense DUIs have a waiting period of 12 months. All of this will change under the new law. On August 25, 2017, Individuals that have their license suspended for a Pennsylvania DUI under sections 75 PACSA 3731 or 75 PACSA 3802 or for a refusal to submit to chemical testing under section 75 PACSA 1547 will no longer be eligible for the Occupational Limited License. These are the vast majority of individuals who are seeking this special license. Individuals charged with other offenses in which there is a license suspension will still be eligible.

Since individuals that have their license suspended for DUI or Refusing to submit to a chemical test will no longer be eligible for an Occupational Limited License, they will have to look for an alternative. Senate bill 290 does offer an alternative under 75 PACSA 1556 Ignition Interlock Limited License. These individuals will have to apply for the special Ignition Interlock Limited License through Pennsylvania Department of Transportation instead of the Occupational Limited License. To learn more about the changes to the Ignition Interlock Limited License in Senate bill 290 see my post on that subject.

Should you find yourself in a situation where you need legal representation whether it is dealing with a license issue or a criminal matter contact attorneys that are going to know the law inside and out. Here at Manchester and Associates we represent people across the Commonwealth of Pennsylvania. At Manchester and Associates, we practice in criminal defense, thus we understand when people find themselves accused or charged with a crime, and the challenges that each individual case could face in the PA judicial system including license issues. With a combined experience of over 50 years, there is almost no situation we have not encountered.