Legal Question in DUI Law in Pennsylvania

Hello,

My name is Patrick Stellato, I have a issue with my drivers license. I had a DUI in PA in 1995 and had another in 1998 or 9 not sure. I had an OH license when I received both of these when I was in town visiting friends. I went to court got ARD in both cases and was told I could not drive in PA for the period of my suspension. I recently just had a background check done for a job and they told me my PA license is under suspension. I never had a PA license except back in 1985 when I moved to OH and surrendered it when I got my OH one. They are telling me that because I never sent in a form to acknowledge the suspension that my suspension is still pending???? Even the State Police Officers who were conducting the background check said obviously the suspension has been served. They never sent me any correspondence to notify me that I needed to fill out some form and my attorney, the judge or my probation officer did either. I have never had a problem with my OH license which is still valid and has just been renewed. The BMV in PA told me they don't forward mail and the only address they had on me was from 1985 and that's why I didn't receive it. Wouldn't they have had all of my current information from the court preceedings when they were notified of the DUI? I don't understand why I should have to send this in and serve a suspension 15 years later, when number 1 the states didn't reciprocate at this time on suspensions and my OH license wouldn't have been affected anyway. They told me if I send it in now they will go by the laws as they are now and I will probably receive an additional suspension from OH. This whole situation is completely absurd to me. Do I have a case?


Asked on 2/13/11, 11:51 am

1 Answer from Attorneys
Ellis Klein Young, Klein & Associates

PA law is pretty clear. It says that you must either acknowledge your suspension by surrendering your PA license and if you do not have one, then you must file an affidavit acknowledging your suspension (your lawyer or the court should have given you an affidavit to fill out and send to Penndot). If the suspension does not get acknowledged then you do not get credit for serving the suspension, even if you did not drive during that period of time.

You should send in the acknowledgement ASAP so you can begin getting credit. Otherwise the suspension will always be in effect and if you get caught driving in PA you could go to jail.

If you have any questions, please feel free to call me at 215-639-5297.

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Answered on 2/14/11, 4:38 am


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