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Sunday, December 2, 2012

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Driving Under Suspension in Pennsylvania

WHAT TO DO IF YOUR LICENSE IS SUSPENDED BY PennDOT

You have thirty (30) days to file an appeal.  Contact our office today.  1-888-821-9446. We fight license suspensions!


PENNSYLVANIA DRIVING WHILE SUSPENDED LAWS

75 Pa.C.S.A. 1543(a)-  Driving Under Suspension

Except as provided in subsection (b) any person who drives a motor vehicle on any highway or trafficway of this Commonwealth after the commencement of a suspension, revocation or cancellation of the operating privilege and before the operating privilege has been restored is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $200.00.

NOTE:  Subsequent offenses may be punishable by incarceration under 75 Pa.C.S.A. 6503(a) and (a.1).

75 Pa.C.S.A. 1543(b)(1)-  Driving Under Suspension DUI Related

A person who drives a motor vehicle on a highway or trafficway when the person's operating privilege is suspended or revoked as a condition of Accellerated Rehabilitative Disposition for a violation of section 3802 or the former section 3731, because of a violation of section 1547(b)(1) (relating to suspension for refusal) or 3802 or former section 3731, or is suspended under section 1581 (relating to the Driver's License Conmpact) for an offense substantially similar to a violation of section 3802 of former section 3731 shall, upon conviction, be guilty of a summary offense and shall be sentenced to pay a fine of $500 and undergo incarceration for a period of not less than 60 days nor more than 90 days.

75 Pa.C.S.A. 1543(b)(1.1)- Driving Under Suspension DUI Related w/ B.A.C.

A person who has an amount of alcohol by weight in his blood that is equal to or greater than .02% at the time of testing or who at the time of testing has in his blood any amount of a Schedule I or non-prescribed Schedule II or III controlled substance...who drives a motor vehicle on a highway or trafficway when the person's operating privilege is suspended or revoked as a condition of Accellerated Rehabilitative Disposition for a violation of section 3802 or the former section 3731, because of a violation of section 1547(b)(1) (relating to suspension for refusal) or 3802 or former section 3731, or is suspended under section 1581 (relating to the Driver's License Conmpact) for an offense substantially similar to a violation of section 3802 of former section 3731 shall, upon conviction, be guilty of a summary offense and shall be sentenced to:

(i)    1st OFF:  pay a fine of $1000 and undergo imprisonment for not less than 90 days
(ii)  2nd OFF: pay a fine of $2500 and undergo imprisonment for not less than 6 months
(iii) 3rd OFF:  pay a fine of $5000 and undergo imprisonment for not less than 2 years

75 Pa.C.S.A. 6503

(a) Every person convicted of a 2nd or subsequent violations of [1543(a)] shall be sentenced to pay a fine of not less than $200 nor more than $1000 or to imprisonment for not more than six months or both.
(a)(1) A person convicted of a sixth or subsequent offense under section 1543(a) shall be sentenced to pay a fine of not less than $1000 and to imprisonment for not less than 30 days but not more than six months.