Archive for April, 2016

Spotlight Issue: Driver’s License Suspensions

Saturday, April 30th, 2016

It may be common knowledge that there is a driver’s license suspension associated with a DUI charge, but did you know there is also a mandatory driver’s license suspension for an underage drinking conviction even if a car was not involved in the commission of the crime? A number of crimes in Pennsylvania have mandated license suspension penalties. This means that the consequences of pleading guilty to these crimes extend beyond just paying a fine. There are also suspensions associated with failing to meet your financial obligations. Here is a list of criminal offenses and obligations that carry a suspension:

- Underage drinking (18 Pa. C.S. 6308)
1 offense – 90 day suspension
2nd offense – 1 year suspension
3rd offense – 2 year suspension
4th and subsequent offense – 2 year suspension
*For under the age of 16 who are convicted of underage drinking the suspension will begin on their 16th birthday

- Possessing an altered ID card or using a false ID to obtain alcohol (18 Pa. C.S. 6310.3)
1 offense – 90 day suspension
2nd offense – 1 year suspension
3rd or subsequent offense – 2 year suspension

- Misrepresentation of age to obtain alcohol (18 Pa. C.S. 6307)
1 offense – 90 day suspension
2nd offense – 1 year suspension
3rd or subsequent offense – 2 year suspension

- Any felony offense in which the court determines that a vehicle was an essential part of the crime
1 year suspension

- Racing on highways
6 month suspension

- Reckless driving
6 month suspension

- Careless driving resulting in serious bodily injury
3 month suspension

- Accidents involving damage to attended vehicle
6 month suspension

- Driving without a valid license (75 Pa. C.S. 1501(a))
* second or subsequent offense within 5 years *
6 month suspension

- Failure to stop for school bus (75 Pa. C.S. 3345(a))
60 day suspension

- Operating a vehicle without insurance (required financial responsibility)
3 month suspension

- Dealing in titles and plates for stolen vehicles (75 Pa. C.S. 7111)
1 year suspension

- False application for certificate of title or registration (75 Pa. C.S. 7121)
1 year suspension

- Altering, forging or counterfeiting documents and plates (75 Pa. C.S. 7122)
1 year suspension

- Fleeing or attempting to elude police
1 year suspension

- Minor driving with any amount of alcohol in system (75 Pa. C.S. 3718)
3 month suspension

- Conviction of any offense involving possession, sale, delivery etc. of a controlled substance
1st offense – 6 month suspension
2nd offense – 1 year suspension
3rd or subsequent – 2 year suspension

- Failure to pay child support
If there is no active income withholding order (wage garnishment) in place and the party owes more than 3 months of the monthly support amount, then the court may issue an order directing PennDot to suspend the obligor’s driver’s license.

If PennDot intends to suspend your license for one of the above offenses, or for any other reason, you will receive a notice of their intent to do so. You do have the right to appeal the suspension, but there is a very limited period of time to do so. If you’ve received a notice that PennDot intends to suspend your license, and you feel that it is being done in error, contact our Berks County driver’s license suspension lawyers as soon as possible by calling us at 610-372-5128 or email us at info@enmlaw.com. Also, please note that a license is considered suspended until the $25 restoration fee is paid and the license is returned. This is true even if the period of time for the suspension has expired.