Legal Question in DUI Law in Pennsylvania

Dui

I was stopped in PA early in the a.m. with the officer saying it was on a bench warrent because of not paying a fine for DUI in full from almost 2 yrs ago. Upon the arrest he found I had been drinking. They took me to get blood test, to police station, then to Erie PA Corr. Facility. I was ther for 3 days and released upon paying $300 towards my previous fine. There was no talk of other charges at that time. On 9/13/07 I received registered mail from court asking me to go to Erie, PA to get fingerprinted for these charges: DUI, DUI (highest level), reckless driving, Lights not used. There is also a court date for this. What happens when I go to get fingerprinted there? Why didn't they do it then? What do I do?

I live in NY.


Asked on 9/17/07, 6:38 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Dui

1. On what basis were you arrested. Did they have your plate in the system and did that create 'probable cause'?

2. When you failed to appear for your previous chatge, you defaulted. In effect, you pled 'guilty' to everything and now you must get that vacated. (That should be possible.)

3. They have a right to charge you after they let you go. They have 5 years in NY to decide to bring charges.

4. If you do not go to Erie on the correct date, you will have defaulted and, in effect, pled guilty to everything. The State of PA will not choose to have you arrested in NY, but they have the legal right to do so. In addition, your driving license in NY can be suspended.

Only bad things can happen if you do not appear in Erie.

You will need a competant PA lawyer to assist you. Do not try to deal with this without a lawyer.

Good luck.

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Answered on 9/17/07, 7:31 pm


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