Legal Question in Traffic Law in Pennsylvania

D.A. discretion in driving under dui related suspension

does the Da have the power to negotiate or plea bargain a driving under dui related suspension charge as of this date 11/9/04 , to a lesser charge? and is there a legal basis to challenge the police dept policy of running license plate checks when no traffic violation or outward appearance of criminal misconduct is evident? especially if it is done on a random basis if ever (meaning it is not a regularly used tactic by said police dept). could not that lend itself to some sort of discriminatory practice such as racial profiling (even though the cop was caucasion as am i), or maybe stereotyping based on my vehicle being poorer looking than his thus the probability may exist i cant afford to fight the charges ?


Asked on 11/09/04, 6:03 pm

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: D.A. discretion in driving under dui related suspension

Some DA's will plea bargain, especially if there is a question as to probale cause as you related. I offer free consultations.

Read more
Answered on 11/09/04, 7:36 pm
Matthew Schelkopf Chimicles & Tikellis

Re: D.A. discretion in driving under dui related suspension

It is possible that a DA may plea a 1543(b) charge to a 1543(a) charge. However, you need an attorney to get this done. Furthermore, the PA Supreme court has ruled that running a plate(s) does not infringe on anyone's privacy. As a result, this is totally legal. Call me for representation.

Read more
Answered on 11/10/04, 8:40 am


Related Questions & Answers

More Traffic Law questions and answers in Pennsylvania