• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

driving on a suspended dui licence

  • Thread starter Tammy Barkefelt
  • Start date

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

T

Tammy Barkefelt

Guest
the state is pa. my son was stopped for a traffic violation. it was dscovered that he was driving on a suspended dui licence.the court hearing is soon for this, is he looking at a 90 day sentence? this will be his second offence on the same subject.
 


I AM ALWAYS LIABLE

Senior Member
Tammy Barkefelt said:
the state is pa. my son was stopped for a traffic violation. it was dscovered that he was driving on a suspended dui licence.the court hearing is soon for this, is he looking at a 90 day sentence? this will be his second offence on the same subject.
My response:

Oh, brother . . .

IAAL
 
F

FKNA

Guest
Tammy...a little clarification please.....his second offense on driving on a suspended license???
 
H

Humble Warrior

Guest
I too,am a resident of Pa., if your son got popped for driving while suspended for a previous DUI,he is looking at a MANDATORY MINIMUM of 90 days in jail for the driving offense. Then if he is still on probation for the previous offense he also will get violated for that,and do another 90 on top of that,unless he had regular probation,in which case he will do 1/2 of his remaining time on probation in jail,before he is elegible for release. If he was on ARD (Accelerated Rehabilitation Disposition) he will lose that privilage,and be re-convicted on it,and sentenced accordingly.
The bottom line is this: He needs to get his affairs in order,he is not gonna be home for dinner for a long time. No matter how you cut it,he is gonna be gone for about 6 months minimum,and DAMN lucky if he isnt given a state prison sentence.
I know from personal experience in the Pennsylvania system,that he is soooooooooo screwed!!
Personally,I have been taking taxis everywhere I go, for the last three years for that exact reason. I am not about to go to prison....county jail was good enough for me.
You might want to get him a newspaper subscription while he is jail. He can read it,then realize he is in PENNSYLVANIA,and this state is notorious for criminal prosecution.They dont play games here....not even a little bit.
 
L

loreen sullivan

Guest
loreen in california
i just recieved my second dui in less than six months, what will be my fine? and will i have to do jail time.? i already enrolled my self i
in a day treatment program
i have not been to court on either matter. can the second offence be mentioned at the first sentencing
i was arrested the night before my cuort date so i am going to appear in court three days after my court date
 
H

Humble Warrior

Guest
loreen sullivan said:
loreen in california
i just recieved my second dui in less than six months, what will be my fine? and will i have to do jail time.? i already enrolled my self i
in a day treatment program
i have not been to court on either matter. can the second offence be mentioned at the first sentencing
i was arrested the night before my cuort date so i am going to appear in court three days after my court date

You got damn lucky(in a way). If you got a 2nd before you went to court for the first,they will probably combine them as one case,or you will be given two--- first offenses.
You'll probably get 30 days out of it,and yes each case can mention the other if they want to.
 
T

Tammy Barkefelt

Guest
Reply

Thank you all for some of the advice, it doesn't look good for my son as I can see. Court hearing is next month. I haven't told him what the out come might be, but time is running short. Sometimes I think the system should take in consideration that when you have a family and need to work in order to support yourself and them you just have to take a chance on driving on a suspended dui license. But who am I!? I guess him and his family is to starve. Just pay the fine and go on with life is how I see it. It sounds like PA really needs to change some of the laws. Something that happened 6 years ago is still affecting his life. When does the system stop? I suppose once in trouble the system never forgets or forgives. At his age of 26 I would think it would be time to let his past alone. But not here in PA. Thanks again and good luck to all of you that might be in the same situtation.
 
T

Tammy Barkefelt

Guest
Humbler Warrior

Chris did have to stay in county jail for 5 days and he thought his life had come to an end. Prison is going to be the most difficult thing he'll ever have had to deal with. You are right PA is really tough on these situtations and nothing will they understand or take in consideration! I do believe they did state to me that is would most likely be a mandatory 90 days. I guess we'll find out next month.
 
H

Humble Warrior

Guest
Ma'am,
with all due respect towards you, and sympathy towards your son. I can tell you from first hand experience.
He "IS" going for no less than 90 days. If the Probation office desires they can have him do their violation time "concurrently" or "consecutivly".
The first means that he is doing time for both offenses at once,the latter means he will do the sentence on one charge,then do the time on the other ,when the first is completed.
If this time extends to more than 1 year 364 days....he is going up to state. Less time he will do county time,or do state time as a felon, but do it in a county jail. This what we called "carrying a number"(a state number).
I would be more than happy to explain this to you in person (it will m.ake more sense) Feel free to call me....(717)730-9867....I live near Harrisburg.
There are a lot of in's, and out's of PA law.....but they are all set up so that you lose.(Ask me!!)
Gimme a call,and I'll do my best to make this all make sense for you.....it is very complicated in this state.......which is why we have so many people in prison in this state compared to any other place on the planet.
Food for thought..........we have the ENTIRE city of Philadelphia behind bars. 58% are for minor drug charges,8% for murder or major crime,20% for probation/parol violations,2% for sex crimes,and 10% miscelaneous/other. Two percent fall into the "unknown" catagory . Please....gimme a call,and I will do my best to tell you what is going to happen.
It SUCKS,.....it is WRONG...but the voters of Pa did it. They voted to enforce laws that they did not understand......untill it affects them in person....ask Sen. Thomas Druce.
Of course he is rich,and can afford lawyers up the ass,he killed a man,and has not done ONE day for it.....he is confirmed GUILTY....he ADMITTED guilt,he has yet to go to prison....he has the money to appeal.
 
T

Tammy Barkefelt

Guest
Humble Warrior

Thank you very much and yes I will phone you. I was out of town on business and just checked in. I live in Lancaster County. You're not far away. Man, this stuff is really complicated. I guess it's easy to get off time with killing someone. This is over my head. One question before I call you tomorrow, Is it worth our time to hirer an attorney? I have spoken to two so far with just nothing more than wanting my money.
Thanks again, you seem like a very knowledgable person on this subject! I just glad I never ever had to deal with the law for myself! It scared me too bad to think about it.
 
H

Humble Warrior

Guest
A I'm sorry if I missed your call, I just got home from a vacation in Florida(Jan 1st).
Now that I am again home,please feel free to call me.
As for my seemingly extensive knowledge of the laws,it is only due to personal experience. I was picked up for a second DUI. My first offense was 6 yrs 11 1/2 months prior. I was still convicted as a second offender. I have gone through a living hell because of the system in this state.
Read my profile. I have pretty much dedicated my hobby-life to fighting the system here,and having laws changed,or at the barest minimum ,enforced as they were written,not according to the readers interpretation,and convenience at the time.
As for your need of an attorney. YES!!! GET ONE !!! A Public Defender wont fight the case,and your son could really get slammed hard.
A paid lawyer probably wont improve the situation,but he will prevent it from becoming worse than it already is. He has a vested interest in his reputation to keep in mind. A P.D. doesnt have that same interest.Not unless it is a head-line case.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top