Legal Question in DUI Law in Pennsylvania

My son received A DUI for driving under the influence of marijuana in June 2003 in National City, CA. HE was stopped for a routine traffic stop, was asked about pot and he readily admitted to having used. The police confiscated his license and he has not driven at all since then. He lives with us and has taken public transportation.

He went to court but did not pay the fine.

He never took a DUI class.

Paul thinks he is a martyr for pot.

Now he wants to get his license in PA. What do you recommend?


Asked on 8/08/09, 12:50 pm

1 Answer from Attorneys
Michael Berman Law Offices of Michael A. Berman

When he makes the initial application for a permit, the CA arrest and conviction may still show up through a routine background search because of something known as the motor vehicle compact, an agreement between states to share driving information.

Even if he was lucky enough to pass first scrutiny, I think eventually he is going to have trouble renewing the license. CA Courts will eventually take action on his willful failure to comply with the Courts ORDER in the case.

Pennsylvania treats driving as a privilege, not a right. They will think nothing of invalidating the license when they learn of the CA suspension, and he could even be subject to mandatory jail time for driving on the suspended or revoked list during a period of DUI suspension.

Tell him to think about it and try to take care of this before it gets worse. And it will get worse, trust me and my more than 15 years of fighting to get licenses back for people who thought they knew better than The State.

Feel free to call the office direct or write back.

Mike Berman

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Answered on 8/13/09, 9:32 pm


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