First DUI in NJ - Have a very clean PA Licesne, How Does PA respond??

[homish21]

What is the name of your state (only U.S. law)? PA.

I fully expect to lose my driving prividleges in NJ, but will PA do anything to my PA driver's license?

I have heard that PA only suspensed our PA driver's license on the 2nd / Second DUI in NJ.

But I have also heard above a certail BAC level, PA might also suspend my PA Driver's license?

Any clearification would be greatly apprecuated.

In addition, the police never saw me operating the vehicle - I was found slumpled over the wheel, asleep, with the keys in the ignation and in park. I am not sure if the car was running or not.

Do I have ANY case in that they never saw me actually operating the vehicle??

thanks very much for any help!!

Concerned,

 

[Ohiogal]

What is the name of your state (only U.S. law)? PA.

I fully expect to lose my driving prividleges in NJ, but will PA do anything to my PA driver's license?

I have heard that PA only suspensed our PA driver's license on the 2nd / Second DUI in NJ.

But I have also heard above a certail BAC level, PA might also suspend my PA Driver's license?

Any clearification would be greatly apprecuated.

In addition, the police never saw me operating the vehicle - I was found slumpled over the wheel, asleep, with the keys in the ignation and in park. I am not sure if the car was running or not.

Do I have ANY case in that they never saw me actually operating the vehicle??

thanks very much for any help!!

Concerned,

You were operating the vehicle. Keys were in the ignition and you were in the driver's seat, drunk. You can expect that your driver's license may very well be history. That whole full faith and credit thing.

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? PA.

I fully expect to lose my driving prividleges in NJ, but will PA do anything to my PA driver's license?

I have heard that PA only suspensed our PA driver's license on the 2nd / Second DUI in NJ.

But I have also heard above a certail BAC level, PA might also suspend my PA Driver's license?

Any clearification would be greatly apprecuated.

In addition, the police never saw me operating the vehicle - I was found slumpled over the wheel, asleep, with the keys in the ignation and in park. I am not sure if the car was running or not.

Do I have ANY case in that they never saw me actually operating the vehicle??

thanks very much for any help!!

Concerned,

You need a lawyer.

State of NJ vs. John F. Mize held that finding the defendant "slumped over the steering wheel, with his head on the steering wheel"; the vehicle's interior dome light on; and keys in the ignition but the engine not "running." was insufficient to show operation.

Mize was also found in a private driveway, but I don't know if that matters in NJ, and don't care to research it for you.

In short, it's possible that you may beat the charge, but I doubt you'll do it on your own.

 

[homish21]

I appreciate the color and insight - but what I'm really looking for is what does PA do to my PA Driver's License after NJ finds me guily and suspends my right to drive in the state of NJ for 7-12 months.

What does PA do? I'm WAS pretty sure they never do anything on a 1st offinse in NJ, that has been the standard in the past ... but now I'm hearing that they might suspend my PA liscense if my BAC was above a certain level?

has anybody heard of any rules specifically related to that in PA?

(And this could be in reaction to the fact that NJ now has different DUI pentalies depending on how intoxicated you were - what BAC you were conviceted of)

thanks,

 

[lawbird]

75 Pa. C.S.A. 3804

 

[homish21]

thanks Lawbird ... I just needed to google that statue to get the PA sentencing guidelines.