Legal Question in DUI Law in Pennsylvania

3rd Dui

How does Pa base there 10 year limit in deciding how many dui's someone has. Is the length based on when you got the ticket or when you were sentenced for the first dui. EX got a dui in 1995 Feb. but was not senteced until 1996 got another in 2001 and then one in 2005 in May. Is the last one considered the 3rd or does it pass the ten year limit and become the 2nd dui. I have been told that the ten year is based on actual ticket date by some and sentenceing date by others. can you please explain this to me. county is Westmoreland if you need that info. thank you ahead of time for your answering my question.


Asked on 2/24/06, 12:02 pm

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: 3rd Dui

The statute goes back ten years to date of conviction (or other non trial disposition) thorugh date of offense.

The look back for a stop on May 1, 2005 would be any convictions or ARD after April 30, 1995. From the facts presented it looks like a thrid offense. I offer free consultations.

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Answered on 2/24/06, 12:11 pm
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: 3rd Dui

I would concur with Mr. Johns the sooner you get yourself some local counsel the better off you will be! My offices are located in Monroeville and Wilkinsburg, give me a call and we can begin working with you to develop a possible defense.

Sincerely,

Marc V. Taiani, Esquire

412.731.0865

www.Alleghenyattorneys.com

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Answered on 2/25/06, 9:57 am


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