My question involves criminal law for the state of: PA
My husband received a DUI in Jan 2007. He had a prior from 1998 which normally would have been removed from his record, however the state of PA changed the law from the removal after 7 years to 10 years so the Jan. 2007 DUI was his second. He pleaded guilty and lost his license for 1 year beginning March 27. 2007-March 28, 2008. He also received a fine, 5 days in jail, 90 days home confinement, 30 hours community service, mandatory alcohol classes. He completed everything by Dec. 2007. He returned his license to PENNDOT prior to his March 2007 suspension. In Sept 2008 he was stopped at a random checkpoint and the officer ran his license. It came up as being suspended due to the DUI. He informed the officer that he completed the suspension, jail time, etc. The officer was very kind-he told him he'd put the citation through as a 'driving with a suspended license', not a 'suspension due to a DUI'. Sure enough, 2 weeks later he received a fine for $550.00. Meanwhile, I called PENNDOT to find out why he was showing as suspended. They informed me that they didn't receive info from the parole officer stating his jail time had been completed. We got the ball rolling in that area. He went to the DJ's office to pay on his fine (he techinally was suspended because he never paid the $25.00 reinstatement fee which we didn't know about or probably forgot about) The clerk at the DJ's office refused to accept payment saying the citation was listed as a DUI suspension with mandatory 60 day jail time. We explained the situation to her regarding PENNDOT never receiving the info from the parole officer. She said there was nothing that she could do and advised him to call PENNDOT again. He did this and was told that they never received his license prior to the 03/27/07 suspension and that they did receive his license in Sept 2008 (the officer took it from him-it was a duplicate and he returned it) but since it was a duplicate, it didn't count as his original license. So PENNDOT has yet to start his suspension-the same suspension they claimed started in 03/2007. (he also rec'd a PENNDOT letter 09/2008 claiming his suspension was starting with the dupe license the office sent in) Bottom line is, he returned his original license prior to the start of the March 2007-I was with him when he mailed it in which I know PENNDOT could care less about but I know it was done, as does his attorney. He completed his jail time and all of the other terms of the 2nd DUI arrest. The citation from the JD says he has a $550.00 fine and that is it. He never received any subpoena for a hearing for driving with a suspended license due to a DUI. We have 2 different PENNDOT letters showing dates that his suspensions began. Shouldn't he have received a subpoena for a hearing for driving with a DUI suspended license if he was being charged with that? It's 2 months since this happened and he's only received a fine. How do we prove to PENNDOT that his license was returned? If I must drive him around again for another year, so be it (unfairly) but he cannot go to jail for 60 days because PENNDOT claims they never got the license.