Legal Question in Traffic Law in Pennsylvania

Re: NJ resident with DUI in PA

Sorry, I have to disagree. I know there was something of an issue under the prior law since it was a summary offense in West Virginia but I'm not familiar with New Jersey's prior law. Under the present statute:

For license suspension purposes:

"(2) For the purposes of this subsection, the term "conviction" shall

include any conviction or adjudication of delinquency for any of the

offenses listed in paragraph (1), whether in this Commonwealth or any

other Federal or state court."

For DUI purposes:

" (a) GENERAL RULE.-- Except as set forth in subsection (b), the term "prior offense" as used in this chapter shall mean a conviction, adjudication of delinquency, juvenile consent decree, acceptance of Accelerated Rehabilitative Disposition or other form of preliminary disposition before the sentencing on the present violation for any of the following:

(1) an offense under section 3802 (relating to driving under influence

of alcohol or controlled substance);

(2) an offense under former section 3731;

(3) an offense substantially similar to an offense under paragraph (1)

or (2) in another jurisdiction;...."

Re: NJ resident with DUI in PA

I am not certain that Pennsylvania counts New Jersey convictions. In Pennsylvania dwi entitles one to a jury trial but not so in New Jersey. You should call Pennsylvania Motor Vehicles Department to ask your question. I have had a conversation

recently with a chemist/dwi expert who resides in York, Pennsylvania who advised that Pennsylvania does not count New Jersey dwi convictions. Check it out.

Gary Moore,Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com