Out of state DUI / driving privilege

[swift2276]

What is the name of your state (only U.S. law)? PA
I was just stopped for my second DUI in NJ. First one in PA in 1999 (ARD). I am currently a PA resident. If convicted will my license be suspended in both states? Thanks.

 

[OldandTired]

Your PA license will be suspended, and your ability to get a license in any other state will also show you as "Not Eligible".

 

[swift2276]

Thanks. Will I be subject to NJ law or PA law or both??

 

[OldandTired]

For the criminal offense, you will be under the jurisdiction of the Court prosecuting the offense. The suspension of your license will fall generally under your home state, with anything else the Judge from NJ wants to add.

 

[swift2276]

For the criminal offense, you will be under the jurisdiction of the Court prosecuting the offense. The suspension of your license will fall generally under your home state, with anything else the Judge from NJ wants to add.

Thanks O&T. Really scary and confusing stuff. The DL suspension in NJ is tough for repeat offenders (as it should be). But is sounds like I will receive NJ jail time and PA license suspension time for second offenders right??

 

[OldandTired]

You will definitely fall under the jurisdiction of the Court in NJ for anything related to the DUI, i.e.; jail time, fines, order of license suspension. PA will automatically suspend your license under PA state law, and will add anything the Judge in NJ stipulates as punishment from NJ, i.e.; 2-3 years suspension, having a B.A. machine installed on your car, etc.

Should NJ consider probation, they may allow you to transfer your probation to PA, and then PA would monitor your probation for NJ, but NJ will retain jurisdiction of your case. If PA reports to NJ that you are a screw-up while on probation, you can be ordered back to NJ to finish up your term of probation, and/or revocation of your probation, to have to serve the time in jail in NJ.

 

[swift2276]

Would NJ even consider probation for a 2nd time offender? Would the ARD in PA even help?

 

[OldandTired]

Anything's possible, especially since your previous DUI was over 9 years ago. Expect jail though, because Judges don't like their names attached to a repeat offender that winds up killing someone.

 

[swift2276]

Thanks. I was parked at a rest stop sleeping for this one. I took my sleeping pill at about 4am earlier that morning. Realizing that I was still feeling the effects I pulled over on the NJ turnpike at a rest stop. Failed the field test and here I am.
I'm hoping my lawyer finds a way to win. The jail time I can work with. The loss of license will cause me to lose my job.