- posted: May 09, 2017
Losing your driver license can cause all sorts of problems for you personally and professionally. Fortunately, depending on the facts of your suspension, you may be able to apply for an occupational license or a probationary license that gives you limited driving privileges throughout your period of suspension. Here is a brief outline of the reasons for driver license suspension in Pennsylvania and possible remedies.
- Excessive penalty points. If you’ve accumulated more than six penalty points due to speeding or other moving violations, you are in jeopardy of a suspension. If you’ve accumulated more than 11 points, an immediate suspension is mandatory. But what if there’s been an error in calculating your points? What if points should have been removed from your record but never were? You are entitled to an administrative hearing to clear up such issues. There is even a procedure called a nunc pro tunc appeal, where you can challenge old convictions that are ruining your record.
- DUI conviction or refusal of “implied consent” testing. In Pennsylvania, a first-time DUI does not trigger an automatic license suspension, but subsequent convictions require a 12-month suspension. You also face an administrative loss of your license in you refuse to take a chemical test of your blood alcohol content after a DUI arrest. However, if you depend on your license to get to work or school, you may be able to get limited driving privileges restored so you can commute.
- Senior license suspensions. Pennsylvania residents, especially senior citizens, can face a recall of their driver license due to a doctor’s report of a medical condition that makes it unsafe for them to drive. You have a right to appeal and keep your license.
- Out-of-state license suspension. Drivers who get careless when they cross state lines often get a rude awakening when they find out another state can suspend or revoke their home state licenses for certain infractions, including unpaid tickets. The Driver License Compact is an interstate agreement that allows states to exchange information on traffic violations, so home states can enforce penalties for out-of-state infractions. Only four states (Kentucky, Nevada, North Dakota, and Rhode Island) are not signatories of the compact. Unravelling this type of suspension is especially complicated, because you must deal with two state bureaucracies instead of just one.
If you’ve had your license suspended, it is not a good idea to try to manage your appeal alone. Because your right to appeal is limited, you should place your trust in an experienced criminal defense attorney who is capable of delivering the results you need.
Matthew R. Zatko, Attorney at Law handles traffic offenses, DUI, misdemeanor, and felony cases in the Somerset, PA area. Call 814-443-1631 or contact my office online to schedule a consultation.