Legal Question in DUI Law in Pennsylvania
ARD and moved
I have received a letter stating I have been accepted into the ARD program in PA. I have moved due to my husband being transferred for his job and have kept everyone of this notified in PA. I now have an IA drivers license since we've been here for 3 months. Upon getting my IA drivers license, I answered honestly to the DOT questions and reported that I could be receiving a suspension. I did not know for sure at that time though. I have not been convicted of a DUI since I'm taking the ARD program. My question is, at the time of my arrest I had a PA drivers license. Now when I surrender my IA driver's license, can IA impose more penalties to me? Or not since I did not have an IA license at the time of the incident?
3 Answers from Attorneys
Re: ARD and moved
that question must be answered by an attorney in Iowa. Some states honor foriegn suspensions related to DUI, some do not. You will not turn your Iowa licnese in at your ARD hearing. You will sign an affidavit stating that you are an out of state driver and giving your information. Pa will then send that on to iowa for poosible action. your privledges in Pa will be suspended until action is taken to get them reinstated. Call if you need help with the ARD in Pa.
Jim
Re: ARD and moved
There is no 'right' to drive. You don't have a right to have a license. Any state can have any rules they want to have that govern their driver's licenses so long as they apply to all people equally.
Therefore, Iowa can have whatever rules and restrictions they want to have in regard to their license restrictions.
If Iowa wants to say that anyone that had an ARD in PA, while possessing an Iowa license, must serve a suspension in Iowa, they can do it.
Sorry for the bad answer.
Re: ARD and moved
Iowa has what they call a "deferred judgment" procedure instead of A.R.D. and Iowa also provides for a temporary restricted license which Pennsylvania does not.
Iowa has a 12 year "look back" period for OWI (Operating While under the Influence) offenses committed in any other state but I couldn't find anything about reciprocity agreements concerning drivers' licenses. My best guess is that since the offense occurred in Pennsylvania and the A.R.D. sentencing is in Pennsylvania, that your probation under A.R.D. will have to be transferred to Iowa. As far as the license suspension, I'm not sure where you are in the process of A.R.D. If your license was already turned into PennDOT, then your suspension may have already been served in Pennsylvania depending on how long it was.