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first offence DUI in PA...paging "paguy88" and "FlyingRon" and "kate33"

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redredcavalier9

Junior Member
first offence DUI in PA...paging "paguy88" and "FlyingRon" and "kate33"

What is the name of your state? PA arrest and live in OHIO


paging "paguy88" and "FlyingRon" and "kate33"


My wife is a RN licensed in both OHIO and PA, and currently has worked in PA for the last 2 years. Recently she got 2 speeding tickets in the last 6 months due to keeping up with the crazy traffic in PA.

Anyway on 5-12-08 she got pulled over after drinking at an after work function at 1am. She got lost and ran a red light and was pulled over. She failed the sobriety test and blew a .137 into the portable tester. She was then taken to a hospital for a blood draw for an accurate BAC which I don't have the results for yet, but should be more accurate and thus lower.

I already made an appointment with a lawyer from PA, which has handeled these cases, and whos name was given to me buy a good friend. However I would still very much like some input from PAGUY88 and FLYINGRON as I have read some previous posts and you guys seem very knowledgable about the process.

Who knows that the BAC will come up as, but I am thinking Tier 2, and hopefully she will be offered the ARD program. My wife has no prior convictions, no arrestes, and is an outstanding citizen and just made a bad choice.

My main concerns at this point is not the money, but the affect of losing her drivers license and the affect it will have on our insurance rates.

She has an OHIO drivers license and works in PA and that is where she was arrested. When she got her speeding tickets in PA, she didn't get any points on her license because it happend in PA. I did get 1 letter from the OHIO bmv after the 2nd speeding ticket that stated she would not get points in OHIO either, but just informed US the OHIO was notificed of the occurance.

I was reading a similar post by "kate33" being licensed in PA, dui in PA, went into the ARD, and moved to IA.

When my wife was arrested and I picked her up from the police station they said she could take her OHIO license and still drive until the hearing. If she would have gotten a DUI in ohio, they take your license on the spot.

If she gets into ARD, Will they just suspend her PA driving privs and keep her OHIO license? Or will they take her OHIO license too. I know PA and OH are in the drivers license compact or something like that but I don't know what the stipulations are.

2nd question deals with car insurance. I've read some states to reinstate your license if it is taken away you have to pay a premiun insurance rate to get a sr-22 form. My wife wanted to quit the PA job and work in ohio, so I don't care if her driving privs get suspended in PA, but I need her to still have a license in OHIO. According the "kate33" after 60 days she had to pay PA 25 dollars to get her license back, but I dont' know if this resulted in her needing SR-22 insurance.

DOES insurance rates go up if you are in the ARD program?

Please help me out guys,

Sincerely,

Rob O.
 


redredcavalier9

Junior Member
I need to know facts and how the law works. There was no accident with vehicles, just a DUI, which she will most likely get into the ARD program which will result in no conviction and no record.

I am simply asking about if my insurance will go up after completing the ARD program's 30 day license suspension. I realize it would if she took the traditional route, the usingthe ard diversion program confuses matters.

It also confuses matters that she has an OH license. Again I know for a fact when she got the 2 speeding tickets if she was licensed in PA she would have like 6 points by now on her license, but I got confirmation she she is licensed in OH, that resulted in no points, just a fine. The letter I got from OHIO confirmed this stating that she will receive no points. So I can only assume even if the OH license for the DUI is suspended, she will have no points because this happened in PA and the record would be expunged anyway.

The PennDott is a completely different civil entity than the courts and they can suspend your license anyway, but this should be unlikely due to her being in the ARD. I would really like KATE33's input ont he matter since she just went through the same thing.
 
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Just A Dui

Just a DUI, well you are gong to find out, just what they do, for just a DUI. Google the Interstate Compact, and read up on it.

PA can do one thing, and OH can another, based on the OH rules and regs regarding DUI, OH can hit her as if the DUI happened in OH, after all, they did issue the license, and they are the controlling state, regarding her driving priviledges.

Just a DUI, indeed. I did not mean to accuse you of lying, or getting around the system, just trying to help and warn you, if I did come off that way, my apologies, I am just preparing you for the worst.

So your wife can get a DUI in PA and you think she should still be able to drive in OH, and your insurance rates should not go up. A DUI is a DUI.

Speeding tickets, oh she only got those cause of the crazy rush hour traffic, okay, they will not see it that way.

Two speeding tickets, and a DUI, and you think you can get an ARD, are you sure about that.

ARD comes from the courts, the DMV can and will do whatever they want, and they will take her driving record into consideration.

ARD can take the DUI off her criminal record, but not her driving record, the DMV is set up to prevent that from happening, remember courts = criminal DMV = administrative.

They may tell you one thing, but I have read so many similar stories, where the person was told one thing, only to find out later, and in some cases, years later, that what they thought they were told, was not correct.

Be careful when talking to the DMV and the Courts, they are not looking out for your best interests, and if they tell you bad info, and she gets caught, do you think that will be enough to get her off.

I wish you luck, and I was not judging, just trying to help you, and let you know the worst of the worst. In times like these, people tend to look for any advice that they think can help them, and make them feel better.

Get a lawyer you can trust, and prepare for the worst. If the worst does not happen, you will be pleasantly surprised, and quite relieved, it it does, you knew it was coming and can plan for it.
 
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redredcavalier9

Junior Member
RatPackLar refrain from posting to this thread..it is for the intended users

RatPackLar refrain from posting to this thread..it is for the intended users in my title
 

kate33

Junior Member
I wish I had a good answer for you but I'm afraid all I can tell you is what has happened to me. My circumstances are a little different in the fact that I did have a PA license at the time of the incident and then moved to IA and got an IA driver's license prior to my ARD hearing. My hearing was April 1st and at that time, they did not take my IA DL but had me sign an affadavit with my IA information on it. I was expecting to see my IA driving priveledge revoked, however, a month ago I received a letter from Penndot and they revoked my PA driving priveledge under my inactive license. I still have not heard anything from IA but am waiting. The bad thing about having an out of state license is, Ohio can give her what her penalty would be if it happened in Ohio I believe. I received a 60 day suspension from PA but if I get it from IA, it could be 6 months.

Good luck to your wife. It's a terrible situation to be in and one I never ever thought I'd be faced with. I will never put myself in that situation again.
 

theyerb

Junior Member
Please note: Paguy88 will dog you for the first three or four posts about how terrible your wife is, "Did she learn her lesson?", and so on.
 

FlyingRon

Senior Member
Her PA driving privs will be suspended as part of the ARD probation.
She can't drive in PA during the suspension no matter what license she has.

Ohio may or may not get around to suspending her license there. PA can't take it away, all they can do is notify Ohio of her suspension there and see if they do anything. Typically PA's paperwork moves so slow that she'll probably be reinstated in PA before Ohio hears about it.
 

redredcavalier9

Junior Member
kate33.....I had a couple more questions for you...if you don't mine..you are very helpful
1. did you have an attorney and was it worth it
2. what did you blow compare to what your blood test was..and what was your BAC...what DUI tier was it
3. what were the court fees...what were the classes/rehab course fees.....what were lawyer fees......just approximate just fearing how much this is going to cost in the end
4. did your car insurance ever go up
5. can you give me a timeline of when you got picked up...to your first hearing...to when you got accepted into ard..to when you finished ard...and to when you got your conviction expunged

flyingron..i have some more questions for you.
1. my wife is a nurse and she was going to look for a job in ohio anyway...that way if pa can't take her ohio license and just suspends pa...it won't matter anyway since she won't work there anymore......but what if the paperwork finally goes through and ohio gets notified...what is ohio suppose to do..suspend based on ohio law...suspend based on pa law..or do nothing. Again i am not trying to avoid anything but rather be prepared.
2. is the ard grounds for penndot, odot, or the pacourts to inform insurance. I have great rates through state farm..always pay on time...not sure how often they pull driving records but if they pull the driving record after ARD is complete would it show?


thanks so much guys, this is a very serious and scarey situation. We are good people and she made a bad choice, but it seems like the good people always have more to lose in the end unfortunately.
 

fairisfair

Senior Member
and I did, you may block me, but what I told you was true, and you will find that out, as other posters get back to you.

Pa sends the info to OH, and they will yank her. Just a matter of time, the Interstate Compact demands that.

And you are trying to get around higher insurance rates. Go ahead and lie to them, I told you what would happen, and it will.

All the States now belong to the Interstate Compact, they had to join, and they all had to agree to drop impaired down to .08, to keep getting the Federal Highway Funding Dollars.

Caught in one state, means caught in all.

Oh, only the good people have to pay, what a joke, if one of those good people had hit and killed you or you wife, whilst DUI, I wonder how good you would think they would be.

I bet if your wife would have hit and killed sombody while DUI, those people would not think you were all that good.

Good people do not get drunk .137, and run red lights at 1 a.m in the morning, they are called drunk drivers, and nobody thinks they are good people.

Especially, when the kill or hurt somebody.

You have got lots to lean, and the system is going to educate you.

Your wife has probably been driving DUI for a long time, and now she got caught.

Good people!

Wow, what an attitude.
This poster never asked for information on how to get out of this, or how to avoid any punishment, or how to hide things from his insurance company.

Address the issues, or be gone.
 

redredcavalier9

Junior Member
for paguy88...flyingron...kate33 more questions

kate33.....I had a couple more questions for you...if you don't mine..you are very helpful
1. did you have an attorney and was it worth it
2. what did you blow compare to what your blood test was..and what was your BAC...what DUI tier was it
3. what were the court fees...what were the classes/rehab course fees.....what were lawyer fees......just approximate just fearing how much this is going to cost in the end
4. did your car insurance ever go up
5. can you give me a timeline of when you got picked up...to your first hearing...to when you got accepted into ard..to when you finished ard...and to when you got your conviction expunged

flyingron..i have some more questions for you.
1. my wife is a nurse and she was going to look for a job in ohio anyway...that way if pa can't take her ohio license and just suspends pa...it won't matter anyway since she won't work there anymore......but what if the paperwork finally goes through and ohio gets notified...what is ohio suppose to do..suspend based on ohio law...suspend based on pa law..or do nothing. Again i am not trying to avoid anything but rather be prepared.
2. is the ard grounds for penndot, odot, or the pacourts to inform insurance. I have great rates through state farm..always pay on time...not sure how often they pull driving records but if they pull the driving record after ARD is complete would it show?
 
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