Driving Under Suspension
PA Vehicle Code Section 1543
Driving Under Suspension is a very serious offense in Pennsylvania and as a result, there are very harsh penalties if you are convicted of this violation. There are two (2) different citations for Driving Under Suspension - Driving On a DUI-Related Suspension and Driving Under Suspension (Non-DUI). Driving Under Suspension is an escalating offense, which means that the more convictions you receive for this offense, the more serious the consequences with respect to fines, additional suspension time and possible mandatory jail sentenced.
Driving Under Suspension is found in Section 1543A of the PA Vehicle Code and covers Driving with a License that was suspended for reasons other than a DUI (Non-DUI related suspension). Examples include being suspended for excess points, for failing to respond to a citation or other reasons a license was suspended by Penndot. This citation becomes more serious the more times it happens. For offense number 1 through 5, there are fines and additional license suspension time. If you are convicted of a 6th or subsequent Driving Under Suspension, there is mandatory minimum jail time of 30 days and maximum jail time up to 6 months. Mandatory minimum sentences mean that the minimum jail sentence is set by the law, which means that the judge must impose at least 30 days in the county prison at a minimum and can give you up to 6 months in jail if he so decides.
Driving Under a DUI-Related Suspension is found in Section 1543B of the PA Vehicle Code and is an extremely serious violation carrying with it substantial mandatory prison time if convicted. An individual does not have to have any alcohol in his system to be guilty of Driving on a DUI Suspension. The only thing the officer needs to prove is that the driver’s license was originally suspended due to a DUI and that the license was never restored. What this means is that you could have lost your license 10 or more years ago for a DUI, and if you never had it restored by Penndot, it will always be considered suspended DUI-related until and unless it is restored. Once a driver’s license is restored by Penndot, it would no longer be a DUI related suspension in the future unless the driver receives another DUI.
The jail sentence is mandatory under the law and the judge is required to imposed jail sentence. The judge is unable to order a non-prison sentence, but if jail is ordered, you may be eligible for house arrest, depending on the judge and the county where you are charged.Penalties for Driving on a DUI Related Suspension:
First Offense: 60 – 90 days incarceration, $200 fine plus additional suspension time of at least one year.
Second Offense: 90 days incarceration, $1,000 fine plus additional license suspension of at least one year.
Third Offense: Criminal Charges will be filed for a Misdemeanor of the 3rd degree. Mandatory minimum 6 month jail sentence up to one year, $2,500 fine plus additional license suspension.How Ellis B. Klein & Associates can help with your Driving Under Suspension charge:
All of the experienced attorneys at Ellis B. Klein & Associates have decades of experience in thousands of traffic ticket matters. We have an outstanding relationship with police, prosecutors and local county judges. Many times we are successful in convincing the officer to reduce the charges to a lesser offense that does not include mandatory jail time such as Driving Without a License or Failure to Carry a license. We have had many cases where we were able to have the client approved for House Arrest so he did not have to serve any time in jail and was permitted to leave the house for employment purposes. Call the experienced lawyers at Ellis B. Klein and Associates at (800) 536-0501 for a free consultation. We would be happy to speak with you and answer any questions you may have about your case.Driving Under Suspension Reviews From Former Clients
Source: Avvo.com client reviews:
“Driving under suspension”
Posted by Shannon
Today Mr. Klein represented me in a driving under DUI suspension. I was facing 60-90 days incarceration and another year loss of license. Ellis was able to get it dropped to driving without a license which means no jail time or any more time added to my suspension. He also gave me information about getting my license back with an interlock. I would definitely recommend him. I actually already referred him to a friend. Thank you so much.
Posted by Andrew
I was supposed to have my license suspended several times due to Pennsylvania's point system for moving violations. As a result of having hired Ellis, I never had my license suspended nor did I even have to appear at the hearings when Ellis represented me!
“Saved me from a year-long headache!”
Posted by William
I was facing suspension for a year and several points on my license after being pulled over from speeding due to some paperwork mishap from an old ticket mixup. I called Ellis and explain my troubles. Ellis got my suspension cancelled, points reduced, and a much lesser fine!