The Pennsylvania Administrative License Suspension Law pertains to Vehicle Crimes and those who are convicted of a DUI, a license triggering offense, or refuse to submit to a chemical test for DUI. vehicular homicide Convictions like these in Pennsylvania not only bring on license suspensions, they also have legal penalties, like fines and jail time attached to them as well. After you are convicted of the DUI the court will send a notice to the Pennsylvania Department of Transportation (PENNDOT) and they will then send you the effective date and terms of your suspension. Depending on your blood alcohol content at the time of the incident, number of prior DUI convictions, and if the DUI included prescription or illegal drugs will affect suspension terms. For first time DUI offenders with a blood alcohol content (BAC) under .099 will normally not have a license suspension. Those first time offenders with a BAC of .1 to .16 or a second DUI offender with a BAC under .099 will most likely receive a one-year license suspension. For those who are first time offenders with a BAC over .16, second DUI with a BAC of .1 to .16, and a third offense with BAC under .099 will receive a one-year suspension and the installation of an ignition interlock. The ignition interlock is a device that takes breath samples before allowing an individual to start the car. Also for first time offenders, you may qualify for an occupational limited license (OLL), which will allow you to drive under special circumstances like; work, school, or medical treatment.
One of the most frequent types of Vehicle Crimes is the crime of Hit and Run by a vehicle. A hit and run occurs when someone has been involved in a car accident and leaves the scene without talking to the other party and giving them their information. DUI with marijuana This can be charged as misdemeanor or felony, depending if injuries arise. For both misdemeanor and felony hit and runs they include property damages, but a felony involves the additional requirement of the victim suffering bodily injury. To be charged with a hit and run you would have to leave the scene of a minor accident where the other driver was at fault, leave the scene of an accident after you caused damage to someone else's car, or leave the scene of an accident after your car caused other property damages. It is important to share your driver's license number, insurance information, contact information, and license plate number to the other party when faced with an accident. If you fail to do so it may result in different penalties, including fines and imprisonment, depending on the circumstances.
Search and seizure involving vehicle searches is very similar to that of homes. When it comes to vehicle searches it is well -settled that Article 1 section 8 of the Pennsylvania Constitution is not simply a mirror-image of the 4th Amendment. Moreover, the Pennsylvania Supreme Court has stated repeatedly in interpreting Article 1 section 8, that provision is meant to embody a strong notion of privacy, carefully safeguarded in this Commonwealth for the past two centuries. arrest warrants Thus, it can fairly be stated that the Pennsylvania Constitution affords a greater degree of protection for a citizen's privacy interests than the United States Constitution. "The polestar of the expanded protection afforded by Article 1 Section 8, which distinguishes it from its federal counterpart, is its emphasis upon personal privacy interests. Thus, when it comes to vehicle searches, the government and its officers must prove that they complied with these requirements under the Pennsylvania constitution. In these situations the court will determine whether the Commonwealth has met its burden of proof that an officers entry was permissible in the first place under the totality of the circumstances and based upon the evidence presented at the hearing.
Driving with a suspended license can be one of the most serious traffic offenses in the Commonwealth of Pennsylvania. Depending on the specific facts of the case, an accused could be facing a mandatory 60 days in prison for a conviction of such traffic offenses, DUI third offense or if he or she has any priors even a two year minimum mandatory period of time in prison. Make sure to immediately consult or retain and experienced Chester County Criminal Lawyer if you are being investigated for or have been charged with the crime of Driving with a suspended license.