Legal Question in DUI Law in Pennsylvania

section 1542 of title 75 motor vehicle code

what happens if a person has two violations before September 30, 2003 and is convicted of the last violation in December 2003 as a habitual offender? Is it even possible to be labled as a habitual offender then? The way I read the law it was ammended and the effective date was Sept. 30, 2003. Am I understanding it correctly? Even Penn Dott won't give me a straight answer. How can they enforce the law if they don't know it?? Thank you for your help.


Asked on 7/13/09, 9:59 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: section 1542 of title 75 motor vehicle code

PennDot is like any other bureaucracy. They will take the easiest way out if something isn't expressly spelled out in their regulations. There were habitual offenders before September 30, 2003 but if the law was amended to place you in the category of habitual offender for the December violation where it would not have before September 30, 2003 you may have an argument.

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Answered on 7/20/09, 3:53 pm


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