Legal Question in DUI Law in Pennsylvania

1st DUI w/ children in car

I recently received my 1st DUI (and last), fell into top of 2nd tier on matrix, but had 2 children under 14 in car. I am not eligible for ARD. I am facing 1yr license suspension. I have no prior records of any nature. As a result of this I am separating from my husband and am planning to move to NY. Can I legally obtain a NY license (prior to PA license being susended)? If so , will I be able to drive in PA to visit family? And if my husband and I work out and I move back to PA, will PA find out I had a NY license, and how would they treat that?


Asked on 4/18/07, 10:08 am

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: 1st DUI w/ children in car

It simply will not work. You have to hand over your Pennsylvania license when it is suspended. To get a license in New York you would also have to hand over your Pennsylvania license.

You might be able to get away with getting a brand new license in New York but you would have to knowingly provide false information to New York do this because of the interstate compact and it would be very risky.

One of the best reasons to hire an attorney to represent you in a DUI is the possibility of winning or getting the penalties reduced. I'm not sure of the reason that you say you are not eligible for ARD. If it is because of the children in the car, that seems to me that it is a local policy of the DA in your County rather than mandated by law and may be an abuse of discretion.

It is at least worth paying a local attorney to evaluate your case to see if he believes there may be a defense.

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Answered on 4/18/07, 11:31 am


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