Legal Question in DUI Law in Pennsylvania

I got a dui from MA in May 2011. 24d disposition is what I got where after completion of classes and probation the case is dismissed. Something about continuance without a finding. I recently Got a dui in my home state PA Feb 2013. Will this be my second offense?


Asked on 2/12/13, 8:54 pm

2 Answers from Attorneys
Ellis Klein Young, Klein & Associates

It would be a second offense but only if the DA finds out about it. It would depend on whether DUI in MA was a misdemeanor or traffic offense. If it was a misdemeanor and you were fingerprinted then the DA would find it when they run your criminal history. Also, if it is on your PA driving record they can find out about it.

If it is not on any governmental record they they likely would only know about it if you told them.

They consequences are vastly different - a conviction for a 2nd carries with it mandatory jail time - anywhere from 5 days to 90 days minimum. If they do not find out, they may offer you ARD where the case gets dismissed after classes and fines.

My website has a lot of DUI info including a downloadable book I published about DUI in Southeastern PA.

Ellis Klein, Esquire

215-639-5297

www.ykacrim.com

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Answered on 2/13/13, 4:19 am
SAUL SEGAN SAUL H SEGAN ATTY AT LAW

They usually do find out about it. If you apply for ARD the form you fill out may have a question about prior arrests. You MUST be truthful.

You need legal counsel. Each county has its own policies re ARD acceptance.

What county was your PA DUI in?

You are welcome to call me at 215-370-2608.

My office is in Philly but I live in Montgomery County and cover all Southeastern PA counties and South Jersey.

Be glad to talk to you.

Saul

Www.saulhsegan.com

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Answered on 2/13/13, 5:17 am


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