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  1. #1
    malachi1971 is offline Junior Member
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    DUI Suspension in PA

    I have been cited for driving under dui related suspension in Pennsylvania. The law states a mandatory jail sentence of 60-90 days, however, my mother relies on me for home/property maintenance, grocery shopping etc.
    Can anyone tell me if I might be eligible for house arrest?
  2. #2
    Isis1 is offline Senior Member
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    Quote Originally Posted by malachi1971 View Post
    I have been cited for driving under dui related suspension in Pennsylvania. The law states a mandatory jail sentence of 60-90 days, however, my mother relies on me for home/property maintenance, grocery shopping etc.
    Can anyone tell me if I might be eligible for house arrest?
    is this your first criminal issue?
  3. #3
    FlyingRon is offline Senior Member
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    Quote Originally Posted by Isis1 View Post
    is this your first criminal issue?
    The DUI would nave been the first.

    You may be eligible for Intermediate Punishment which will reduce the amount of time in jail in favor of house arrest, but indicating you intend to violate the terms of your probation is not likely to cause the probation department to recommend you for it
  4. #4
    malachi1971 is offline Junior Member
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    I have no intentions of violating the terms of Probation/House Arrest.... I moved into my mother's house when her fibromyalgia got to the point where she can't stand long enough to clean, prepare meals, laundry etc... There are days that it's all she can do to get out of bed due to the pain. I have no problem 'paying my dues', so to speak... however, it will very adversly affect her quality of life if I am sentenced to incarceration at the county jail.
    Other than the DUI, the only other 'criminal' charge I have ever had was Possession of Small Amount of Marijuana many years ago. Unfortunately, I was cited for driving under suspension last August but the officer was kind enough to not write it as DUI related.
    The current offense calls for a mandatory jail sentence and I just need to know if the judge will have the authority to issue House Arrest instead...
  5. #5
    Ohiogal is offline Senior Member
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    If the law REQUIRES a mandatory jail sentence then the court can NOT differ from the MANDATORY sentence. Hence why it is MANDATORY.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  6. #6
    FlyingRon is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    If the law REQUIRES a mandatory jail sentence then the court can NOT differ from the MANDATORY sentence. Hence why it is MANDATORY.
    Except it isn't quite. I provided him the correct answer. Yes there is a "mandatory" 60 days, but the court may at their discretion (and with a favorable review from the probation department) assign IP which is 15 days in jail, followed by a period of house arrest/electronic monitoring and other probation conditions. You have to plead guilty and of course, you screw up your probation and back you go for the duration of the sentence.
  7. #7
    foot is offline Member
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    Talk to a lawyer. I know in my county in PA, if you appeal to county court, it is standard procedure for the court to change the charge to driving while suspended - non-DUI related, which results in NO jail time.

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