Legal Question in Criminal Law in Pennsylvania

Obstruction of justice 5101 in Pennsylvania. I was pulled over and refused to give my identity and stated that I was invoking my right to remain silent and that I would not be giving him any information or documents that could incriminate me. I was driving under suspension ,non dui related , and it was my sixth time getting pulled over which would be jail time. My identity would be the only evidence that I was driving under suspension , it would incriminate me. The officer charged me with obstruction. I don't see how when my only intent was to not self incriminate. Charged for remaining mute?


Asked on 10/11/16, 2:30 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Actually if you were driving you must provide your license , vehicle registration and proof of insurance. You were engaged in a privileged activity that is one that requires a license. therefore you've agreed to comply with the motor vehicle code. Which requires you to prove you are licensed to drive, have proof of ownership of the vehicle and that you have the required insurance. You have no fifth amendment protection. The problem is tat each time you get a driving while suspended you license is suspended for another year. Also they can give you jail time on the first offense.

Further when you drive on a suspended license you have no insurance so the can add that to your offenses. By the way if you have an accident and can't pay for the damages you cause you they can suspend your license until those damages are paid.

One might ask what part of having your driving privileges suspended didn't you understand?

{John}

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Answered on 10/11/16, 6:35 pm


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