Drivers License Suspension
Most of us view driving as a necessity. Regardless of whether this view is correct, driving is not a right. Driving is a privilege, one which the state may deprive you of. There are a number of violations which may lead to License Suspensions for a certain period of time. If the state of Pennsylvania has informed you via PennDOT that your driving privileges are being suspended, the time to act is now. Call The Law Offices of Greg Prosmushkin, P.C. to discuss your options with one of our attorneys.
Why Is My License Being Suspended?
There are a great many reasons why PennDOT may seek to suspend your license. The following is an enumeration thereof. However, it is by no means meant to be a complete listing. If you have any questions or concerns regarding the reason for your suspension, be sure to contact counsel, so that you can better understand and determine how to proceed.
DUI GENERAL IMPAIRMENT – A BAC of .08 to .099%. Up to 12 months suspension.
HIGH BAC – A BAC of .10 to .159%. Up to 18 months suspension.
HIGHEST BAC – A BAC of .16% and over. Up to 18 months suspension.
SIX POINTS (first time) – 30 days to pass a written exam, suspended thereafter until passed.
SIX POINTS (second time) – Automatic 15 day suspension, then must pass exam to reinstate.
SIX POINTS (third time and subsequent occurrences) – Up to 30 days suspension.
TEN POINTS – Automatic suspension. Period of suspension based upon suspension history.
DRIVING WITH A SUSPENDED LICENSE – Automatic suspension. Based upon reason for underlying suspension.
FAILURE TO STOP FOR A SCHOOL BUS – 60 day suspension.
RECKLESS DRIVING and FAULT IN A FATAL ACCIDENT – Automatic suspension; length determined by a variety of factors.
NON-DRIVING REASONS – Failing to respond to a PennDOT notice, failing to appear in court, failing to pay traffic penalties, and failing to pay child support result in varying suspensions.
Please remember, the above only addresses penalties within the context of license suspension.
There may be many other penalties not addressed here, including fines, surcharges, and imprisonment.
Appealing a Suspension
You do have the right to appeal prior to your Suspension. Upon receiving a notice of your suspension from PennDOT, you may attempt an appeal through the county Court of Common Appeal. It is in your best interests to retain counsel to assist you in preparing your Suspension Appeal. While there is no guarantee that your appeal will be successful, it will be important to gather the appropriate information and make a strong argument at your hearing.
If the suspension is for excessive points you may enroll in the Driver Improvement Program as an alternative means to address a forthcoming License Suspension. The effect of successfully completing the program may be the removal of enough points to avoid suspension altogether.
If you are facing a License Suspension and need to file an appeal, The Law Offices of Greg Prosmushkin, P.C. can help. Likewise, we can help if you are having difficulties restoring your license once your suspension period has lapsed. Call us today so that we can help get you back on the road as soon as possible.
This content was written on behalf of Greg Prosmushkin.