Month: August 2014

10 Tips You Need to Know to Restore and Maintain your Pennsylvania Driver’s License

Pennsylvania Driver’s License Restoration Attorney Niels C Eriksen Jr, Esquire

1. Your Pennsylvania Driver’s License is more important than you think

Pennsylvania Courts have held that the continued possession of a driver’s license is essential in the pursuit of a livelihood. Your driver’s license is a Privilege granted by Pennsylvania, Not a Right. Maintaining a clean driving record is vital for a variety of life situations. Lower car insurance premiums, employment, professional licenses, job applications, health care emergencies, life insurance, loans, etc.

2. PennDOT records contain errors

The Pennsylvania Department of Transportation (PennDOT) is solely responsible for maintaining the driving record of every motorist in the Commonwealth of Pennsylvania. In maintaining millions of records, errors are not uncommon. By far, the most common error is an incorrect address. Pennsylvania Law places the burden on the driver to ensure that his/her address is correct. Every driver should know what their record contains, and immediately correct any inaccuracies. Obtaining and Reviewing your record is an inexpensive process, and more information can be found on our website http://www.bucksattorney.com

3. Out of State Convictions will NOT appear on your Driving Record

The Pennsylvania Driver Manual states that “although reported to PennDOT, minor out-of-state traffic offenses, such as speeding, will NOT appear on your driving record and Points will NOT be assessed”. There are 2 important exceptions: 1) Failing to Respond to an out-of-state citation will result in an indefinite suspension, and deny renewing your license, and 2) the Interstate Compact Offenses (DUI, Homicide by vehicle, Leaving an accident, and certain felonies) will result in a suspension as if the offense occurred in Pennsylvania.

4. Reduce Points and Reduce Fine

Insurance companies base premiums on the number of convictions and points on your license. Your insurance company’s declaration page is an excellent resource to find the increased surcharges for convictions and points. Police frequently negotiate tickets for reduced points and fines. Hiring a lawyer can increase the odds that an officer will reduce your ticket. An accumulation of 6 points will result in a departmental hearing and/or suspension. Points are removed at a rate of 3 points for every 12 months of safe driving without a citation.

5. Know WHY you’re Suspended

Most people do not know the reason why PennDOT has suspended their license. The most common reason is failing to respond to a citation; either by failing to notify the court of your plea, or failing to follow the payment plan. Sometimes, the local court fails to notify PennDOT that a driver has responded to a citation. Your license will remain suspended until PennDOT has received notice from the court of your response. Always make sure PennDOT has an accurate driving record, and immediately correct any errors.

6. Even if you’re Suspended, you can get a Driver License

PennDOT has several types of licenses available for drivers who are suspended. These licenses allow you to work, provide for your family, and perform necessary life functions. You may be immediately eligible for an Occupational Limited License (OLL). Even if your license is suspended for years, you may be eligible for a Probationary License (PL). Contact a lawyer to review your record for eligibility.

7. Get Proper Credit toward your Suspensions

A common error arises when a driver loses their license, fails to submit their license to PennDOT, or an officer takes their license during a traffic stop; and then mistakenly believes that they are receiving credit towards a suspension. PennDOT does not begin credit towards any suspension unless a driver submits his actual license (and any permits) OR submits an Affidavit acknowledging the suspension (DL16 form). If you have not been receiving credit, you can petition PennDOT for an administrative hearing to review your credit record.

8. PennDOT decisions are NOT final

Never accept a Suspension letter or restoration letter as a final decision without consulting an attorney. Virtually all PennDOT decisions can be appealed. If PennDOT suspends your license, an appeal of that suspension may be possible. If you disagree with a decision, PennDOT permits administrative hearings in Harrisburg concerning disputes over your license status. Always consult an attorney.

9. Never Refuse a Chemical Test

The penalty for refusing an officer’s request for a chemical test during a DUI investigation is a 1 year suspension of your license. Often, the refusal can be more devastating to a driver than the arrest and conviction or diversionary program (ARD) for DUI, especially if the driver has no prior criminal record. Under Pennsylvania law, anything short of an express assent to submit to a chemical test is considered a refusal. If you are a Pennsylvania driver stopped for suspicion of DUI, never refuse a chemical test.

10. Old Convictions can be REMOVED

You have 30 days to appeal any decision made by a district court. However under certain circumstances, prior convictions past the 30 day deadline can be reopened and negotiated to a lesser offense. If you are still suffering the effects of a traffic conviction or failed to understand the consequences of pleading guilty to an offense, contact an attorney to decide whether that conviction can be reopened.

 

Criminal Trial Guide in Pennsylvania

This guide serves as a general overview of the criminal trial process from arrest through appeal in the Commonwealth of Pennsylvania. Each case, each Pennsylvania County, and each client may have specific rules and needs which can deviate from this general guide. This guide is not a substitute for legal advice. Please consult an attorney regarding specific facts and issues which may affect your case.

1. Arrest and Preliminary Arraignment

Most criminal cases in Pennsylvania begin with the arrest of the Defendant. Most felonies require an immediate arrest and processing. While most misdemeanors, the charges can be issued by summons in the mail to the Client. Following the arrest and processing, the Defendant is brought (or by video) before a district judge to have bail and bail conditions set. An appearance before the district magistrate generally occurs within hours of arrest and processing. A Defendant has the right to have an attorney present before the district magistrate, and the right to argue for bail on behalf of the Defendant.

2. Court of Common Pleas Bail Hearing

All Defendants have the right to have all bail decisions made by the district magistrate reviewed by the Court of Common Pleas (the “higher” court). The exact process for a Common Pleas bail review can vary greatly from County to County.

3. Preliminary Hearing

At the preliminary arraignment, the district magistrate will set a date for the preliminary hearing. This date must be set within 10 days of the arrest, but is often continued due to the availability of witnesses , attorneys, and evidence. The purpose of the preliminary hearing is for the Commonwealth to establish a Prima Facie case against the Defendant. The Defendant does not put on a defense, but has the right to review and cross examine the witnesses and evidence against them. Credibility is not at issue at a preliminary hearing, neither is guilt or innocence. In its simplest form, a preliminary hearing is used to determine whethere there is “some evidence” against the Defendent so that the case can proceed to trial. The preliminary hearing serves as a gatekeeping function to dismiss charges and cases where there is not sufficient evidence against a Defendant to proceed to trial

4. Formal Arraignment

The formal arraignment generally occurs 1-3 months following the preliminary hearing. Again, very dependent on county rules and county backlog. In most counties, the formal arraignment can be waived if an attorney is retained. The Defendant need not appear if they have retained counsel. The purpose of the formal arraignment is to advise the Defendant of the trial date, trial rights, the penalties for each crime charged, and other local county practices. Usually, when a Defendant has hired an attorney, the court assumes that the Defendant has been advised of their rights and options.

5. Discovery Process

Following the formal arraignment, the Defendant is entitled to Discovery. Essentially, the Defendant is entitled to all police reports, expert reports, photographs, witnesses, criminal histories, and all evidence against them. The attorney for the defendant will receive this Discovery.

6. PreTrial Motions

Within 30 days of the Formal Arraignment, the Defendant must file all pretrial motions in their case. This may include Suppression motions, Discovery motions, Limiting motions, Dismissal motions, etc. An experienced attorney, after reviewing the discovery, will be necessary to file appropriate motions necessary to defend your case. You will lose the right to litigate these motions if they are not filed. A hearing on these motions will be required prior to trial. The scheduling of that hearing will vary from county to county. Some counties will give their own pretrial date. Other counties will litigate the motions on the day of trial.

7. PreTrial Diversionary Programs

Following the formal arraignment is GENERALLY the time to file for a diversionary program if applicable. This may include ARD, Drug Court, Veterans Court, Youthful Offender court, etc. The types of programs available, eligibility for these progtrams, applications, and the timing of the applications will vary greatly from county to county

8. TRIAL (jury or Waiver)

Once discovery has been completed, and all pretrial motions litigated, the court will schedule a trial date. Defendants may or may not receive a plea offer from the District Attorney prior to trial. The defendant will also accept entry into a diversionary program prior to trial. Trials generally occur anywhere from two to five months following the formal arraignment, but this timing is highly suspect due to the seriousness of a case and the availability of witnesses, experts, and officers. The Defendant has the option of a Judge ONLY trial (waiver trial) or a jury trial. In a jury trial, the defense and the District attorney will select the final panel from members of the community chosen at random. In a waiver trial, the judge alone hears the case, and make the determination of guilty or not guilty. Both a judge or jury must decide guilt BEYOND A REASONABLE DOUBT.

9. Sentencing

Sentencing occurs following a conviction at trial, or following a guilty plea or plea offer. Sentencing can be immediate or deferred for a period of time, depending on the circumstances. Some counties require a presentence report. Other counties will allow the Defendant’s counsel to prepare their own mitigation. The sentence given is a function of sentencing guidelines, which is a matrix of prior offenses and severity of the present conviction. Some crimes require mandatory sentencing. Sentencing is an extremely complicated process requiring an experienced counsel. In addition to the guidelines, there are a number of setencing alternatives that may be availabile, including: House Arrest, Work Release, SIP, RRRI, etc.

10. Post Trial / Sentence Motions

The Defendant has the right to file Post Sentence or Post Trial motions within 10 days of their sentencing. These motions may include Motions for Reconsideration of Sentence, Motions to overturn the conviction, or Motions for a sentencing program. There are numerous options available in Post Sentence motions

11. Direct Appeal

A direct appeal to the Superior Court must be filed within 30 days of Sentencing, or within 30 days following a ruling on the Post Sentence motions. All appeals by the Superior Court are based on a review of the trial court record to determine whether errors were made. Direct Appeals do not permit new evidence or witnesses to by presented, but a review of what has already transpired.

12. Violations of Probation or Parole

Once a sentenced Defendant is released on parole or probation. Their behavior during the additional supervision make cause a violation of their probation or parole. The VOP hearing is a mini trial where the Defendant challenges or explains their conduct, and argues for an appropriate sanction, if any.

If you have any questions, or need an attorney. Please contact me.
Niels C Eriksen Jr, Esquire

Bucks County Criminal Defense Attorney