PROTECTING YOUR DRIVING PRIVILEGES
Have you received a citation for speeding, careless driving, reckless driving, driving with a suspended license, or another traffic violation in Pennsylvania? Before you admit guilt and pay that traffic ticket, please make certain that you fully understand and appreciate the consequences.
People often assume that traffic violations are relatively harmless, but the cost might be much greater than you think. There can be long-term effect on auto insurance rates and potential adverse consequences for subsequent traffic violations. Traffic violations usually result in points on your license, if not a mandatory suspension of your driver’s license. Obviously, the loss of your driver’s license can be disastrous as you likely rely on your driving privileges for work, for your family, and to run everyday errands.
If you wish to best avoid these consequences, you should consider hiring an attorney with experience in traffic law. Below are some of the most common traffic violations that DeLuco Law routinely handles.
Reckless Driving
If you are charged with Reckless Driving do not plead guilty unless you understand the consequences. Pursuant to 75 Pa.C.S. § 3736 a person is guilty of Reckless Driving if he or she drives any vehicle “in willful or wanton disregard for the safety of persons or property.” This offense requires a level of deliberate intent, which is an important distinction in the eyes of the law. To be convicted the police must believe and prove that you were acting deliberately irresponsible behind the wheel.
A conviction of this charge carries significant consequences. The first part of the penalty, a $200 fine is relatively trivial. However, the second part of the penalty is a six-month suspension of your driver’s license making this charge very troublesome. Additionally, as with any other traffic violation, a conviction could also be punishable by up to 90 days in jail.
If you are facing a charge of Reckless Driving, you may have the opportunity to get your charges either lowered or dismissed, depending on the facts of your case. DeLuco Law and help you identify those opportunities, fight for your rights, and bring you the best possible outcome.
Driving While Operating Privileges Are Suspended
If you have ever had your driver’s license suspended, you know how difficult it can be to get back. Many people have had their driving privileges suspended for decades, but continue to drive out of necessity. If your license is suspended and you get pulled over the police will likely issue you a citation for Driving While Operating Privileges Are Suspended. This offense can carry the harshest penalties for summary traffic offenses.
In Pennsylvania, the penalties for driving with a suspended license depend on whether your license was suspended for a violation of the DUI law. If your suspension was related to a DUI, the penalties, including the possibility of jail time, are significantly greater. All convictions under this section will result in a additional one year license suspension.
If found guilty of driving on a suspended license – DUI related, section 1543(b)(1) of the Motor Vehicle Code states that you “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” and will have an additional one year added to your license suspension. A second violation of this section will result in an increased fine of $1000 and imprisonment for 90 days. A third or subsequent violation for driving while DUI suspended will be charged at a misdemeanor and the mandatory sentence is a $2,500 fine and 6 months of imprisonment.
Things are predictable worse if you have alcohol (BAC greater than .02%) or certain drugs in your system and are driving while DUI suspended. Section 1543(b)(1.1) imposes a mandatory sentence of a $1000 fine and 90 days in jail for a first offense. A second offense is a third degree misdemeanor and carries a mandatory sentence of a $2,500 fine and 6 months of imprisonment. A third offense would then be a misdemeanor of the first degree and a person convicted “shall be sentenced to pay a fine of $5,000 and to undergo imprisonment for not less than two years.”
If your driver’s license suspension was not related to a DUI, you should still expect to face significant penalties if caught driving. A first conviction under section 1543(a) of the Motor Vehicle Code will be punished with a $200 fine and an additional one year added to your license suspension. Pursuant to section 6503(a) a second or subsequent 1543(a) offense shall be punishable with a fine between $200 and $1000 and a period of incarceration not to exceed six months. Pursuant to section 6503(a.1) a sixth or subsequent 1543(a) offense shall be punishable with a fine of $1000 and a jail sentence not less than 30 days, but not more than six months.
Because these penalties are so severe, please do not simply plead guilty if a police officer has issued you a ticket for driving while your license is suspended. Instead, contact an attorney experienced in traffic and driver’s license law to, at the very least, learn about your options. In practice, an attorney may be able to negotiate a plea to reduces your charge to a lesser summary offense and, in some cases, get the charge dismissed entirely. Additionally, DeLuco Law can review your driving record and determine if anything can be done to get you your license back sooner.
Other Common Traffic Violations Handled By DeLuco Law
Accidents involving damage to attended vehicle or property – § 3743
Accidents involving damage to unattended vehicle or property – § 3745
Accidents involving death or personal injury – § 3742
Aggravated assault by vehicle – § 3732.1
Careless driving – § 3714
Duties at stop signs – § 3323(b)
Duty to give information and render aid – § 3744
Fleeing or attempting to elude police officer – § 3733
Following too closely – § 3310
Homicide by vehicle – § 3732
Maximum speed limits – § 3362
Obedience to authorized persons directing traffic – § 3102
Operation of vehicle without official certificate of inspection – § 4703
Required financial responsibility – § 1786
RESTORING YOUR DRIVING PRIVILEGES
Maybe you are one of the people who have discovered that when someone’s driving privileges are suspended by the Department of Motor Vehicles, it can be very difficult to get those privileges reinstated. This is typically the case regardless of the initial reason for your suspension, whether it be for unpaid tickets, failure to respond to tickets, or a criminal conviction. There are many nuances and loopholes involved in the driver’s license restoration process, but a firm who specializes in Pennsylvania driver’s license restoration may be able to help you navigate the process and work with PennDot and/or the Courts to get your license back sooner.
Because everyone’s situation is unique and restoration requirements vary greatly, you should contact DeLuco Law for a free consultation to discuss your individual suspension. There is almost always something that can be done to help you get your driving privileges back sooner. Depending on your circumstances we may discuss the possibility of an Occupational Limited License (sometimes called OLL, bread n’ butter license, work license or occupational license), a Probationary License, or fully restoring your Pennsylvania Driver’s License.