Legal Question in DUI Law in Pennsylvania
Possesion of alcohol
In July of 2003, age of 18, received an Underage, 6308A, and a 1532D (misrepresentation of age to
secure liquor). Both are for the same incident. I served a 3 month license suspension in 2003. Everyone I spoke to, police, DMV, etc.. informed me this is all I needed to serve. I even called to inform them if I needed to served another 3 months then i just needed to do it now, after the first 3 months, and they said no, that was it, case closed. Today, Sept 17, 2007, age 23, i received my notice that in a month i will be losing my license for the 1532D offense. Is there anything legally that can be done to stop this. I am now a graduate student who is making an 1 1/2 commute that cannot go without a license. Is there a specified time frame that this needed to be enforced?
2 Answers from Attorneys
Re: Possesion of alcohol
Generally, Penn DOT has as much time as they want to make a suspension effective. However, there is case law that supports the driver if there has been (1) a lapse of time between the offense and the effective date of suspension; (2) the driver has relied on not being suspended, i.e., taken steps to secure employment away from home, became a commuter in relienace upon not being suspended for those offenses; and (3) the delay was not the fauilt of Penn DOT.
Every case is different, but in order to stand any chance to make your case in your situation, you need to file the appeal as described in the notice of suspension letter you received from Penn DOT within 30 days. I handle these statutory appeals weekly in western PA, so please contact me directly and I can more fully discuss your options. My opinion is that in order to have the best opportuntiy to beat this belated suspension you will need an experienced attorney to present your case and argument against Penn DOT's lawyers and to the Judge.
Give me a call--412.391.0123--and tell my staff that lawguru sent you to me.
Re: Possesion of alcohol
you can go in front of the motions or miscellaneous judge in the county in which the initial arrest occurred and explain the situation to that judge and they MAY be able to fix it for you. you may want to have a lawyer file a motion for you so that the judge actually lets you talk.
good luck. brian.
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