Suspended License Never Received by DOT

[Stefanie18]

My question involves criminal law for the state of: PA

Hi,
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.
Thanks.
Stefanie

[vincedia]

I'm sorry to say if the officer confiscated a duplicate license in 2008 then there is no hope of getting credit from the 2007 turn in point. PennDOT makes it clear that any and all products (including duplicates, motercycle permits, address change cards, etc.) must be turned in to start the clock rolling on credit time.

If that officer did not confiscate and turn in the duplicate license then there was the possibility of getting credit granted with PennDOT.

You need to make sure that PennDOT has the correct address for him on file. You will be notified by the courts and PennDOT of what needs to be done.

You should hire an attorney to assist you with this new citation. Most likely jail time can be waived with the proper defence. But it will be up to your attorney to explain your specific situation.

As far as the information from the Parole officer, you need to get them to send an updated DL-21 form to PennDOT. This will show that all duties of the convistion have been completed. This is regularly fouled up by many courts and can easily be taken care of. Be warned that is any fines are still owed to the court they will not release the suspension or provide you with the proper DL-21.

One final note, get a copy of his "restoration requirements letter" either by calling PennDOT 1-800-932-4600 or going to a Tag Store. This will list what exactly is holding his license from being reinstated. If you see an ACT 122 or ACT 151 they are related to that DUI and the completion of his probation and jail requirements. If you see indefinate suspensions that means that some court is looking for you to respond to a citation. If there is a line stating "Divers license return" then they are still waiting for some product from him. Get yourself a form called a DL-16 PennDOT Forms and send that to them certified mail with a return reciept. This will insure they got it and give you proof if they claim you never sent it to them.

There is one last option you have. You have the right to a hearing with PennDOT asking for credit from that 2007 date. You will need assistance to go down this route, but it may lead to relief of the license suspension term. http://www.dmv.state.pa.us/pdotforms...fs-pub7200.pdf



Good luck and feel free to ask questions.

Vince