Legal Question in DUI Law in Pennsylvania

I have 2 DUI's alcohol related that i received in dec/04 and march/05. I was incarcerated for three months dec,1/05 to march,1/06. Before my incarceration i completed a drug and alcohol evauleation and at the time they said that they felt i did not need D&A treatment but i should try to get help, pscological. Before my incarceration i also completed C.O.A.D drunk driving school. I am only 24 years old now, i havent had a drink since my least dui on easter of 05, and i dont want one. I've been diagonosed with bipolar and manic aggressive. This is not an excuse, ever since i stopped drinking (started when i was 8 allowed at 11 and bought for me ever since) and started smoking a little marijuana, to start thinking before i act, and it helped with the anger issue too. I had a life a crime before i was ten and ever since i stopped drinking and started smoking i have not had even any police contact in 5 years, until 3 days ago, i knew the unmarked car that was behind me was going to pull me over, broke tail light, so i pulled over willingly before they had a chance to pull me over. I didn't try to run, i cooperated 150%, they said they smelt the weed, i told them i had a little amount(maybe 2.5 grams) behind the seat and a bowl in the center console. They told me i would get 2 D.Cs in the mail, they never asked for a liscences or anything and today i got a citation/summons for "driving while operating privilege is suspended or revoked" and i wanted to know if i am looking at jail time, or what can i do to avoid it. I know posetion weed is a crime and a drug in the state of pa, i am sorry i do do it, i wish i had more finance to get a good doctor instead of smoking once or twice a week, i am not a criminal i need mental help and i know it, i dont belong in bars i belong with medicine and a doctor. I appreciate the time and the knowledge i thank you very much.


Asked on 1/23/10, 3:04 pm

1 Answer from Attorneys

From what you said, you have one issue, "driving while operating privilege is suspended or revoked". Did you have your driving privileges restored or not? If not, STOP DRIVING, and contact PA DMV, and ask for the procedure to have your DL restored. You will not go to jail for "driving while operating privilege is suspended or revoked", you will have to pay a fine, and you will not be permitted to restore your DL for some time. Call, and keep calling, until you find some help for your condition. Call the county, call local hospitals and ask for help or direction, call teaching schools (there are a lot of them in PA), call Catholic Charities, call local churches or synagog's, call and keep calling, and eventually you will find help.

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Answered on 1/28/10, 9:43 pm


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