Legal Question in DUI Law in Pennsylvania

Re: Dui

These facts sound unusual. I would have to see the original docket report. However, if he has his second DUI, he should absolutely get representation. Get in touch with our offices, and we can either help, or find you someone near you who can help. However, if the system "finds" the original DUI, your husband may be facing jail time. If you e-mail back, I can send you a matrix of DUI penalties in Pennsylvania.

Daniel Cevallos

Law Offices of Daniel L. Cevallos, PC

1420 Locust Street, Suite 24Q

Philadelphia, PA

19102

[email protected]

Re: Dui

If he was not brought to trial on the first charges he may be able to get that case dismissed. However, in most DUI cases that I have ever had, if it is held for court after the Preliminary Hearing, there is a formal arraignment and a Judge is assigned to the case and a trial date or pre-trial date is set. At the time of the Preliminary Hearing the defendant signs a subpoena to appear at a formal arraignment. If he does not attend the formal arraignment, a warrant is issued for his arrest.

The only other occasions that come to mind where a defendant did not have to attend a formal arraignment after a Preliminary Hearing where he or she was held for court were where the Office of the District Attorney nol prossed the case before the formal arraignment. I think I've had two such cases in the past 25 years and the most recent one was over ten years ago.

That's the basic outline and it may vary slightly from County to County, but I would be willing to bet that at some point a subpoena was signed and that at some point a bench warrant was issued for failure to appear. This is very serious and you should have your husband immediately contact a local attorney.