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Archive for the ‘Driver’s License Suspension’ Category
Wednesday, July 6th, 2011
If you are convicted of DUI in Pennsylvania, you face a number of penalties including suspension of your driver’s license. Many who regularly travel the streets and highways of Pittsburgh do not realize how important one’s driving privileges are until they have had their license suspended or revoked. It is easy to take having a driver’s license for granted. Once this privilege is taken away, you tend to realize the true value of a driver’s license. If your driver’s license is suspended, you will suddenly become aware of the challenge of living without the ability to drive when it comes to such basic functions as commuting to work, taking one’s children to school or just function in everyday life.
The fundamental need to drive is why the majority of those who have their license suspended continue to drive. It is estimated that between 50-75 percent of drivers who have their license suspended continue to drive on a suspended license. Public transportation can be time consuming and impractical while relying on friends and family for rides on a regular basis can be uncomfortable. Many people have no idea how serious the penalties can be when driving on a suspended license in Pittsburgh or throughout Allegheny County.
Driving on a suspended license is a summary offense under Pennsylvania law. A conviction of driving on a suspended license in Pennsylvania can result in a maximum jail term of 90 days and a $100 fine. If you are convicted for driving on a suspended driver’s license in Pittsburgh or elsewhere in Pennsylvania, you also face having your license suspension extended or may face revocation of your driver’s license.
While DUI related offenses are a common reason that a driver’s license may be suspended, there are other offenses that may result in a suspended driver’s license including:
- Refusing to submit to a breath test
- Leaving the scene of an accident (Hit and Run)
- Violation of “zero tolerance policy” for teen drinking and driving
- Street Racing
- Possession of drugs
- Excessive accidents and moving violations (i.e. points against one’s driving record)
Judges to do not respond favorably to those who disregard court orders and directives. It is never a good idea to face an Allegheny County judge without an experienced Pittsburgh criminal defense attorney after failing to comply with a prior order suspending your driver’s license.
If you are facing Pennsylvania charges for driving on a suspended driver’s license, experienced Pittsburgh criminal defense attorney Michael V. Worgul diligently defends the rights of his clients. Our Pittsburgh criminal defense law firm provides an initial case evaluation so call us today at 412-475-9217.
Tags: convicted of DUI in Pennsylvania, Pittsburgh criminal defense attorney, Pittsburgh criminal defense law firm, rive on a suspended license
Posted in Driver's License Suspension | Comments Off
Monday, May 23rd, 2011
A DUI conviction in Pennsylvania carries significant penalties not the least of which is suspension of a person’s driving privileges. Many driver’s in Pittsburgh or elsewhere in western Pennsylvania are confused by how the duration of this driver’s license suspension. The process for calculating this license suspension period is surprising to many people who are arrested for a Pennsylvania DUI. If you are arrested for DUI, you will receive a notice of suspension from PENNDOT that you have 30 days to appeal. It is important that you consult legal advice and file a timely appeal because even an acquittal in your criminal DUI case cannot re-open the administrative license suspension proceeding.
In cases of suspended licenses in the State of Pennsylvania, the issue of credit towards a suspension of one’s driver’s license may become an issue. The expiration of a driver’s license suspension is an important consideration for anyone whose driver’s license has been suspended. The Pennsylvania Vehicle Code requires more than not driving before obtaining credit toward a suspension. The Code required the driver to submit an acknowledgment. A driver will not begin accruing credit toward an administrative license suspension until the date the driver submits an acknowledgment to PENNDOT.
It is important to realize that the actual time of a driver’s license suspension does not begin from the time one’s driver’s license is surrendered to a police officer. A drivers license suspension cannot begin to run prior to an actual suspension by PENNDOT. Under Pennsylvania State law, it is required that credit begin on the date an acknowledgement is submitted to the PENNDOT as unfair as this may seem. This is the date that PENNDOT will begin to compute the credit period for the length of the driver’s license suspension. If you have been arrested for DUI and receive a notice of suspension from PENNDOT, you have only 30 days to appeal. If you fail to appeal in time, your license suspension will remain effective regardless of whether you are ultimately found to have been driving under the influence in your case in the Pennsylvania criminal court.
Michael V. Worgul, a Pittsburgh DUI lawyer, represents those charged with DUI offenses in Pittsburgh and throughout Allegheny County. We offer a free case evaluation so that we can analyze your case and provide an overview of your rights and options so contact us at 1-855-DUI-CRIM.
Tags: PENNDOT Administrative Proceedings, Pittsburgh DUI Lawyer
Posted in Driver's License Suspension | Comments Off
Tuesday, May 10th, 2011
Many people presume that they do not need to retain an experienced Pennsylvania DUI attorney if they are charged with a DUI offense because the results will not be substantially different. This is an understandable if inaccurate assumption because many think that DUI cases are simple cases involving objective forms of “DUI testing” so that there is little an attorney can do to change the outcome.
All DUI cases in Pennsylvania generally involve two cases a criminal case and an administrative case involving one’s driving privileges. Even the administrative case, which only involves whether there will be an administrative suspension of your driver’s license, may have a significantly improved outcome if you have an experienced Pennsylvania DUI defense lawyer. The case of Zimmerman v Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (2000) 759 A.2d 953 provides a good example of how an experienced DUI attorney can make a substantial difference in the outcome of a DOT administrative hearing.
In the Zimmerman case, the DOT suspended the driver’s license for both the offense of Driving Under the Influence and Aggravated Assault by Vehicle While Driving under the Influence. Each offense independently subjects a driver to a one-year license suspension. However, the DOT imposed two independent one-year suspensions — one for each offense even though they arose out of the same DUI incident. This meant that the driver would effectively be subject to a two-year license suspension for a single occasion of driving under the influence.
The driver challenged the DOT position with the assistance of a qualified Pennsylvania DUI attorney, and the court found that the two separate consecutive 12 month license suspension were inappropriate. The court applied the legal principle of merger. The doctrine of merger of related offenses “is a rule of statutory construction designed to determine whether the legislature intended for the punishment of one offense to encompass that for another offense arising from the same criminal act or transaction.” Commonwealth v. Anderson, 538 Pa. 574, 577, 650 A.2d 20, 21 (1994). The operative inquiry is whether the crimes involved are greater and lesser-included offenses, for example, whether the two charges constitute the same offense.
The court in Anderson basically concluded that DUI was a lesser included within the offense of Aggravated Assault by Vehicle While Driving Under the Influence. This essentially means that because one offense was the foundation for another, for example, the elements of the underlying offense (DUI) are the same as the greater offense (Aggravated DUI) that the DOT erred by imposing what was the equivalent of a “double sanction” by suspending the defendant’s driver’s license twice.
This demonstrates how the DOT can make a mistake in the way it applies its own administrative rules about a driver’s license suspension. A Pittsburgh DUI attorney can identify these errors which may result in an inappropriate or excessive penalty. This is a concrete example of a client who may have been struck with a driver’s license suspension of twice the duration without the assistance of a DUI defense lawyer in Pittsburgh, PA.
If you have been arrested for DUI, you should contact us immediately because you only have 10 days to appeal an administrative suspension of your driver’s license. If you are charged with DUI in Pennsylvania, Michael V. Worgul is ready to fight for you so call us today at 412-475-9217.
Tags: DUI defense lawyer in Pittsburgh, Excessive DUI License Suspension, PA
Posted in Driver's License Suspension | Comments Off
Tuesday, February 15th, 2011
If you have been charged with a second time or third time DUI in Pittsburgh or Pennsylvania you are not only facing mandatory DUI jail time and licenses suspensions. A drunk driving conviction in Pittsburgh (except for first DUI in Pennsylvania) will automatically mandate the installation of Ignition Interlock on any vehicle you own following the restoration of your license. Even the best DUI attorney in Pittsburgh knows that Ignition Interlock is not a criminal, but a civil penalty enforced by PennDOT. Therefore, if you are charged with DUI in Pittsburgh or Pennsylvania, it is important to speak with an experienced Pittsburgh DUI Lawyer as soon as possible.
At its simplest, an ignition interlock system is a breath testing device that is connected to a vehicle’s electrical system. It will prevent the vehicle from being started unless and until the operator provides a breath sample with an alcohol concentration less than 0.025% (usually). Pennsylvania dui lawyers should know that while the system requires a breath sample to start the vehicle, it can also be set to require several follow up samples for longer car trips. In situations where the device detects too much alcohol in a driver’s system, the device will shut down for a prescribed period of time. Experienced Pittsburgh and PA DUI Attorneys should be aware of the interlock device recording information that will be provided to your probation officer.
Contact Pittsburgh DUI Lawyer Michael V. Worgul, now at (412) 475-9217 or 1-855-DUI-CRIM for a free initial consultation.
Typically, you will not be eligible for an unrestricted license until you have completed one year of Ignition Interlock. The DUI cost in Pittsburgh and Pennsylvania comes in to sharp focus when you consider that Ignition Interlock can run between $900 – $1200 per year per car. However, PA dui laws recognize that this regulation can impose an undue cost on some households and employers. For this reason, there are economic and employment hardship exceptions. These exceptions are complicated and the help of a qualified Pittsburgh DUI Lawyer is recommended.
Finally, an Allegheny County DUI lawyer will tell you that violating the restrictions of an Ignition Interlock license can result in harsh penalties. If you have been ordered to use Ignition Interlock and drive without the device, you will be facing a mandatory penalty of 90 days imprisonment and a fine between $300 – $900. In addition, your license will be suspended for an additional year.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me, Pittsburgh DUI Lawyer Michael V. Worgul, directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Best DUI Attorney In Pittsburgh, Ignition Interlock, Pittsburgh DUI Lawyer
Posted in DUI, Driver's License Suspension, Second & Subsequent DUI | Comments Off
Friday, February 4th, 2011
Many drivers have no idea that when they obtain their Pennsylvania driver’s license that they agree to a law just by signing and accepting their driver’s license. If you are a licensed driver in the state, you have given your implied consent to take a chemical test (blood, breath or urine) if a police officers stops you and reasonably suspects that you are driving under the influence of drugs and/or alcohol. The implied consent law is designed to allow law enforcement officer’s to more easily obtain evidence against you that will be used in your Pittsburgh DUI case. This law taken together with Pennsylvania’s “per se” law means that when you submit to a chemical test under the implied consent law an .08 BAC test result constitutes a DUI violation.
Although you may have your license suspended for 12 months for a refusal, the police can not physically compel you to submit to a chemical test. While a mandatory license suspension for failing to comply with the implied consent laws is certainly a serious penalty, the prosecutor may have a harder time proving your DUI case without a chemical test. Even if you do submit to chemical testing and have BAC results of .08 or more, an experienced Pennsylvania DUI attorney may still be able to challenge the validity of the stop or your chemical test results. Pennsylvania’s implied consent law provides as follows:
§ 1547. Chemical testing to determine amount of alcohol or controlled substance.
(a) General rule. –Any person who drives, operates or is in actual physical control of the movement of a motor vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath, blood or urine for the purpose of determining the alcoholic content of blood or the presence of a controlled substance if a police officer has reasonable grounds to believe the person to have been driving, operating or in actual physical control of the movement of a motor vehicle:
(1) while under the influence of alcohol or a controlled substance or both; or
(2) which was involved in an accident in which the operator or passenger of any vehicle involved or a pedestrian required treatment at a medical facility or was killed.
So the first part of the law, section (a), states the assumption that you consent to chemical tests if you use a motor vehicle anywhere in the state. Part (b) of the law goes on to discuss the consequences of refusing such a test:
(b) Suspension for refusal.–
(1) If any person placed under arrest for a violation of section 3731 (relating to driving under influence of alcohol or controlled substance) is requested to submit to chemical testing and refuses to do so, the testing shall not be conducted but upon notice by the police officer, the department shall suspend the operating privilege of the person for a period of 12 months.
(2) It shall be the duty of the police officer to inform the person that the person’s operating privilege will be suspended upon refusal to submit to chemical testing.
(3) Any person whose operating privilege is suspended under the provisions of this section shall have the same right of appeal as provided for in cases of suspension for other reasons.
If you are facing pending charges for DUI, an experienced Pennsylvania DUI attorney may be able to get your charges reduced or dismissed entirely even if you submitted to chemical testing and had a result of above .08 percent or above. If you did not submit to chemical testing, the prosecutor may have an even harder time proving your case. Because a DUI can have very serious consequences, you should contact an experienced Pittsburgh DUI lawyer today.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options available under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Pennsylvania DUI Attorney, Pennsylvania Implied Consent Law, Pittsburgh DUI Lawyer
Posted in Driver's License Suspension, Implied Consent Law | Comments Off
Saturday, January 29th, 2011
If you have been convicted of a DUI in Pittsburgh with a BAC of .10 or higher, your license will be suspended. This is true even for a first offence DUI in Pennsylvania. As a seasoned Pittsburgh DUI Attorney, I know that a suspension of your Pennsylvania driving privilege can be devastating to both your financial and familial life. However, it is very important that you refrain from operating a motor vehicle during the pendency of your license suspension.
Some people feel, understandably, that they have no choice but to drive during the DUI suspension period. Some don’t even realize that they were driving under a DUI suspension (the law is very confusing on this). The urge to continue driving in order to support ones family can be very strong. However, the best DUI attorneys in Pittsburgh will agree that this is a bad idea. If caught driving in Pittsburgh or Pennsylvania, a person will be charged with Driving Under a Suspended License (DUI Related) pursuant to 75 Pa.C.S.A. §1543(b).
Call Pittsburgh DUI Attorney Michael V. Worgul now at (412) 475-9217 or -1855-DUI-CRIM for consultation on your case.
If convicted under §1543(b), you will face a mandatory sentence of 60 – 90 days imprisonment and a $500 fine. However, and experienced PA DUI attorney knows that these penalties increase if, at the time of driving, your BAC was .02 or greater. The increase is as follows:
- First Offence – Mandatory 90 imprisonment and $1,000 fine. Graded as a Summary Offense.
- Second Offence – Mandatory 6 months imprisonment and $2,500 fine. Graded as a Second Degree Misdemeanor.
- Third or Subsequent Offence – Mandatory 12 months imprisonment and $5,000 fine. Graded as a First Degree Misdemeanor.
In addition, qualified Pennsylvania DUI Attorneys will counsel that a conviction under 1543(b) results in additional license suspensions as follows:
- Existing Suspension – If the department’s records show that the person was under suspension, recall or cancellation on the date of violation, and had not been restored, the department shall suspend the person’s operating privilege for an additional one-year period.
- Existing Revocation – If the department’s records show that the person was under revocation on the date of violation, and had not been restored, the department shall revoke the person’s operating privilege for an additional two-year period.
While these punishments may seem harsh, there are measures that can be taken to maintain your freedom and lessen the damage to your license suspensions. In addition, qualified Pittsburgh DUI attorneys will be aware of Defenses to a conviction for Driving Under a Suspended License Including:
- Insufficient Notice of Suspension – It is not enough for PennDOT to simply argue that they mailed you notice. They must have more evidence corroborating your knowledge of the notice.
- Justification – The PA DUI Laws recognize that there may be some situations in which a person is justified in Driving Under a Suspension. However, it is up to a skilled Pittsburgh DUI trial attorney to prove specific facts at trial, or the Defense will not be available.
- Statute of Limitations – If the police do not charge you soon enough, they may be time barred from filing the charges.
Suffice to say, litigating Driving Under a DUI Suspension can be complicated. Therefore, if you have been previously charged with DUI in Pittsburgh or Pennsylvania, and where then caught driving, you should contact an experienced Pittsburgh DUI Attorney immediately.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me, Pittsburgh DUI Attorney Michael V. Worgul, directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: DUI in Pittsburgh, Pittsburgh DUI Attorney, Suspended License Pittsburgh
Posted in Criminal Defense, DUI, Driver's License Suspension | Comments Off
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