Legal Question in DUI Law in Pennsylvania

A DMV question. In Feb. 2009 I had my hearing & was accepted into ARD. At this time I've completed all classes & paid all fees. In March I received my letter from the DMV expecting a date to turn my license in by. The letter I opened said that since my record was clean over the past 10 years, no suspension would be imposed. The letter was also signed off by the Bureau director. Obviously, I was pretty happy with this determination. Five months go by & on 8/29 I receive another letter from the DMV. It states that my license is now going to be suspended. Do I have any rights concerning the 1st signed letter over this 2nd one? Can I avoid the suspension because they originally told me it wasn't going to happen? Thanks TK

Asked on 8/30/09, 2:30 pm

1 Answer from Attorneys

John Gibson John W. Gibson, Esquire
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It's difficult to say with PennDOT. I've been seeing some strange things lately. If your Blood Alcohol Content was between .08 and .10 your license isn't suspended for A.R.D. If it was at the highest level it would be suspended for 60 days. It could be that PennDOT received notice of the BAC after sending the first letter but I've been seeing some strange things lately in these cases.

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9/09/09, 12:10 pm

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