Legal Question in DUI Law in Pennsylvania
Dui- sol
If I got a DUI and never received any paper work in the mail, can I assume that it was never filed?
The police officer said he was going to say I was a 'refusal' b/c the breath alyzer did not work. He never offered a blood test. I kept asking to re do the breath test. He wouldnt let me. Its been over a month. This happened in Montgomery County, PA -
The arresting officer was a state trooper.
2 Answers from Attorneys
Re: Dui- sol
No. You cannot assume it was not filed. Assume that it was filed. If anything, the State Trooper's paperwork might be slower than a county deputy or town police officer, but believe me, it will be filed. Here is what will happen next: (1) the state (montgomery county) will prosecute you for the DUI, and likely under the "impairment" part of the statute that does not require a breath test (just that you had glassy eyes, failed the field sobriety tests, etc.). Then Penndot will automatically suspend your license, and you will have to appeal it to a judge in a hearing to try to get it back. I handle both of these kinds of cases in Montgomery County (courthouse is at Swede and Airy). Feel free to call my offices or e-mail me directly with any questions you have.
-Danny Cevallos
267.639.3105
dui
You should contact the borrow in which you were sited and ask them if you have a court date listed. If they say yes, contact an attorney.
Good Luck to you. If you have any questions or comments, feel free to email me or call me, [email protected] or 215.825.5183.
Brian
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