Driving While License Suspended
Serious Defense For Serious Charges!
Few things make your life more difficult than having your privilege to drive suspended!
The state of Pennsylvania has a progressive license suspension system where the failure to pay costs, or a mistake wherein your insurance lags, can result in the suspension of your driver's privilege. Then, with each successive time caught driving without valid license, drivers see themselves suspended for an additional year. Drivers often try and defend themselves for their first, second and sometimes subsequent violations, because they believe that since they're only summaries, they can just pay the fine. What they don't take into account is the mandatory additional suspensions that result, is that there soon suspended for multiple years with no ability to obtain a license of any kind.
Oftentimes, individuals who have never been convicted of any criminal offense, have their license suspended. This is often the result of accumulating too many points, not paying a fine, or inadvertently failing to respond to a citation. Having your license suspended is extremely stressful and inconvenient. Or maybe it wasn't your fault at all. You may be victim to a paperwork screw up by PennDot, or any number of situations where you are genuinely not at fault. It is not uncommon that people are totally unaware that their license has been suspended for a minor, easily remedied violation, and instead of hiring an attorney, they just admit the violation and pay the fine, and soon realize they have just needlessly added a year to their suspension.
Reason for Suspension Matters!
There are many things that can lead to a driver's license suspension in Pennsylvania. There are also a few types of suspensions: court ordered and administrative.
Your license may have been suspended for:
- Failure to pay or respond to a ticket
- Failure to maintain liability insurance
- Too many points on your license
- Speeding in a school zone
- Hit and run
- Reckless Driving
- Blood or Breath test refusal
Regardless of why your license was suspended or what type of suspension it was, you are not allowed to drive and face additional charges if caught. A qualified driving defense attorney may be able help you avoid the progressive never ending cycle of suspension and make you aware of any available opportunities to obtain a restricted license.
Driving While Suspended or Revoked
75 PCSA § 1543 Driving while operating privilege is suspended or revoked.
(a) Offense defined.–Except as provided in subsection (b), any person who drives a motor vehicle on any highway or trafficway of this Commonwealth after the commencement of a suspension, revocation or cancellation of the operating privilege and before the operating privilege has been restored is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $200.
Suspension of 1 year, but if license is revoked at time of offense, a further 2 year revocation, per Title 75 – §1543(c)
2nd or subsequent offense:
Fine $200 minimum to $1000 maximum; discretionary jail time of up to 6 months in addition to, or instead of, fine, per Title 75 – §6503(a)
License Suspension as above
6th or subsequent offense:
Fine $1000 and mandatory 30 days jail with discretionary jail time of up to 6 months, per Title 75 – §6503(a.1)
License Suspension as above
(b) Certain offenses.–
(1) A person who drives a motor vehicle on a highway or trafficway of this Commonwealth at a time when the person's operating privilege is suspended or revoked as a condition of acceptance of Accelerated Rehabilitative Disposition for a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) or the former section 3731, because of a violation of section 1547(b)(1) (relating to suspension for refusal) or 3802 or former section 3731 or is suspended under section 1581 (relating to Driver's License Compact) for an offense substantially similar to a violation of section 3802 or former section 3731 shall, upon conviction, be guilty of a summary offense and shall be sentenced to pay a fine of $500 and to undergo imprisonment for a period of not less than 60 days nor more than 90 days.
(1.1) (i) A person who has an amount of alcohol by weight in his blood that is equal to or greater than .02% at the time of testing or who at the time of testing has in his blood any amount of a Schedule I or nonprescribed Schedule II or III controlled substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or its metabolite and who drives a motor vehicle on any highway or trafficway of this Commonwealth at a time when the person's operating privilege is suspended or revoked as a condition of acceptance of Accelerated Rehabilitative Disposition for a violation of section 3802 or former section 3731 or because of a violation of section 1547(b)(1) or 3802 or former section 3731 or is suspended under section 1581 for an offense substantially similar to a violation of section 3802 or former section 3731 shall, upon a first conviction, be guilty of a summary offense and shall be sentenced to pay a fine of $1,000 and to undergo imprisonment for a period of not less than 90 days.
(ii) A second violation of this paragraph shall constitute a misdemeanor of the third degree, and upon conviction thereof the person shall be sentenced to pay a fine of $2,500 and to undergo imprisonment for not less than six months.
(iii) A third or subsequent violation of this paragraph shall constitute a misdemeanor of the first degree, and upon conviction thereof the person shall be sentenced to pay a fine of $5,000 and to undergo imprisonment for not less than two years.
As you can see, Driving while suspended in the State of Pennsylvania, while often listed as a summary offense, it is no joke. Few “minor charges” can have the practical effect of making your life difficult and potentially costing you your livelihood more than driving while suspended.
Having any criminal charge is a serious matter! A driving suspended conviction on your record could greatly limit your future opportunities and turn your life upside down. Consult with an experienced attorney familiar with handling these difficult cases.
Don't delay, your defense starts now! Attorney Jeffrey Veitch has the experience and skill you need and will do everything possible to achieve the best possible outcome in your case.
Call today to schedule a consultation with Attorney Veitch and protect your future.