November 22, 2016 | admin Driving Under DUI Suspension – 1543(b)

So what happens when you are caught driving while under a DUI suspension? You hire a lawyer, because there’s a good change you may have to go jail for 90 days. Pennsylvania Driving Law 1543(b) states that “(1) A person who drives a motor vehicle on a highway or traffic way 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.” Therefore, don’t do it.

Here are some ideas of how individuals who are charged with this particular charge fight their case. Note: All cases are different, and some defense may/may not work for your particular case; Furthermore, PLEASE NOTE THAT CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE; ALSO, DEFENSES DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER OR THE LAW FIRM.

Defenses:

·         Suspension was actually over and Penn Dot made a mistake.

·         Defendant was actually not the driver.

·         Defendant did not break any traffic law that would warrant a stop.

Bad Defenses:

·         Defendant did not know that he/she was suspended.

·         Defendant had an emergency, which required him/her drive.

If you are interesting in learning more about your case, please feel free to contact us at 267-265-4553.

Attorney Michael Kotik, Esq.