Legal Question in DUI Law in Pennsylvania

Suspended License - DUI

I was told that the reason I was stopped is because the vehicle is registered to a person who has had a DUI (me). There was no traffic violation involved. My license is suspended because of the DUI from 6 months ago. My question is, is it permissable to stopped someone driving a car that is registerd to a person with a DUI? I was under the impression that police could only stop you for a violation.


Asked on 5/16/05, 7:58 am

3 Answers from Attorneys
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Suspended License - DUI

The bottom line is you need to seek out representation as soon as possible, specifically for your upcoming preliminary hearing. Failure to do so will hurt any defense you may wish to devise.

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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Answered on 5/17/05, 7:47 am
Mark Johns Mark Johns, Esquire

Re: Suspended License - DUI

If the registration was not suspended and the car had a proper registration sticker then the police officer may not have had probable cause to stop you. As such, you may have a fourth ammendment defense against the charge of 1543(b). 1543(b) carries a mandatory 60 days and up to 90 days incarceration, and a $500.00 to $1000.00 fine. If the officer wrote you a 1543(a) you may wish to plead guilty to avoid charges being ammended to the (b). I highly recommend you speak with an attorney and that you no longer drive as a second 1543(b) is a mandatory 6 months, and a third is a mandatory 2 years. I offer free consultations.

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Answered on 5/16/05, 8:36 am
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Suspended License - DUI

I agree with Attorney Johns, but will add one thing. IF they knew that YOU had a suspended license, and that YOU were driving (in other words, if the police knew who you were) then they MAY have had cause to stop you if they knew your license was suspended.

It seems odd that they knew the car was registered in the name of a person who had a DUI. Were they just randomly running plates?

It seems to me that you may be able to successfully challenge the stop if what you are saying is the complete truth.

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Answered on 5/16/05, 10:16 pm


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