Legal Question in DUI Law in Pennsylvania
Reinstatement of driver's license after DUI
My adult son was arrested for DUI in 2003. He served the mandatory 48hour sentence, paid all fines, completed driving classes but his license has not been reinstated. He did not surrender his DL at the time of arrest as he was not told he had to do so and has since lost it. He did not receive any notification from PENNDOT re; this either. Now PENNDOT is telling him he will not get credit for the year and a half he has not been driving until he turns in his license (which he does not have). What does he need to do to get his license reinstated?
3 Answers from Attorneys
Re: Reinstatement of driver's license after DUI
Your son is required to demonstrate he lost the license and attempted to notify Pendot or the appropriate authority. The way to do this is through a credit petition which requires an appearance in Harrisburgh. While a lawyer is not mandatory he can help draft the petition and provide effective representation at the hearing. I offer free consultations.
Re: Reinstatement of driver's license after DUI
What do you mean "he has since lost it?" What do you mean he did not receive any notification from PennDOT "re; this either." What is "this"?
If he never turned in his license for the suspension as a result of the DUI, then he didn't serve it. In addition to proving that he notified PennDOT of the suspension and tried to turn in his license, he would have to prove that he didn't drive at all during the period he should have been suspended. That is nearly impossible to do.
Re: Reinstatement of driver's license after DUI
If your son does not have his license, he needs to obtain a new one from one of the local PENNDOT licensing centers. Then he must submit it to PENNDOT and serve his one year term, PENNDOT will not take kindly or believe your claim you were not notified. Furthermore, your son was made aware of his licensing responsibilities by the judge at the time of sentencing.
The bottom line is yes you can file a petition with PENNDOT to try and modify the length of his license suspension. However, this is not a guarantee, furthermore, is your son currently driving, if so it would be a 90 mandatory jail sentence and a $1,000.00 fine I advise you to retain counsel immediately to discuss this further.
My office also offers flat rate pricing and free consultations, for additional information please visit my firm's website at www.AlleghenyAttorneys.com or by calling my office at 412.731.0865.
Sincerely,
Marc V. Taiani, Esquire
AAAL - Allegheny Attorneys At Law
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