Legal Question in DUI Law in Pennsylvania
license suspension - moved to another state
I used to live in PA and held a PA DL at the time of my DUI. I was accepted into the ARD program as I have a clean record. I moved to IA before my ARD hearing and received an IA DL but went back on Apr 1st to appear for the hearing. At my hearing, I was given a 60 day suspension. I was given an affadavit to complete since I have an IA license and they explained they could not take an out-of-state license. On the affadavit, I completed it with my IA DL info. Yeasterday I received my formal notice of suspension starting Apr 1st, however, they had my PA DL on it that was suspended and nothing referenced my IA license number. Does this mean that they will not notify IA? It says I need to send in $25 to reinstate my PA DL, however, that license should not be active anyway. If I reinstate this, will it trigger my IA license suspension?
Thank you in advance for any clarification.
2 Answers from Attorneys
Re: license suspension - moved to another state
First, PA can not take your IA license. But, when you applied for your IA license, the form most likely asked you if you are suspensed or about to be suspended in any other state. If this question was asked and you knowingly answered "No." to it, then you may have bigger problems than just a 60 day license suspension. That being said, I doubt seriously that any law enforcement agency will inquire.
If you do not pay the $25 restoration fee, your PA license will never be restored. Now, you may think it doesn't matter, but it does. If you move to another state and turn in your IA license and/or if you go to renew/replace your IA license, PA will have you flagged as a suspended driver. This action may cause someone to look into how you became a validly licensed driver in the first place. By paying the $25 restoration fee, PA should not have you flagged.
Good Luck. If you have any other questions or concerns, please feel free to conact me. It never hurts to check your PA driving record to make sure you are receiving credit. Keep all paperwork from Penn DOT. Prior to PA restoring your privileges, you will also have to submit a statement of non onwership of vehicle registered in PA or proof of insurance of any & all vehicles owned by you and registered in PA. Check a PA Restoration Requiremetns letter for more details.
Re: license suspension - moved to another state
Your PA driving record is kept under your Pa license number. If you do not pay the restoration fee you cannot drive in Pennsylvania. If you did you would be guilty of violating 75 Pa.C.S. sec. 1543(b)(1) which has a 60-90 mandatory sentence for a first offense.