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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My daughter has a boyfriend (age 25) who had a DUI in 2005

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My daughter has a boyfriend (age 25) who had a DUI in 2005 (adjudicated). Now as of May, 2011, the boyfriend has been offered a seasonal job in New Jersey. The boyfriend (and my daughter) live in Bucks County. Do you think there is any possibility of the boyfriend successfully applying for an occupational driver's license and actually getting one IF he had proper legal advice on how best to proceed ? I should be clear that the boyfriend has NEVER had a driver's license so it could not be suspended, and therefore somehow years are added on for him to even be able to apply for a driver's license. However, I wondered if MAYBE an occupational driver's license -- with proof of a viable job -- might conceivably be able to be applied for, even with his difficult background. Thank you for reading this. I look forward to your reply.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 years ago.
Hello,

When someone is driving without ever having had a license that can results in a statutory period of time during which he is unable to get a license. By that I mean since they cannot suspend the license he does not have for his DUI arrest, they can revoke his opportunity to get a license in the first place, as part of the DUI penalty, and then add an extension during which he can't apply for a license for the additional misdemeanor of operating a vehicle while unlicensed.

Pennsylvania does have a hardship license, but it is limited to those whose actual license was suspended and will not be granted to those who never had a license at all. See 75 Pa CSA 1553 abd scroll down to section (d)(1) under "Unauthorized issuance.

New Jersey will not allow him to get a NJ license either, as whe they check their data base, it will reveal the Pennsylvania suspension. Every state will give full faith and credit to another state's suspension. He will have to finish out whatever term Pennsylvania requires of him and get their suspension lifted before he will be allowed to obtain a license anywhere.

Sorry to be the bearer of bad news.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16507
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 6 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.

Dear FranL I don't need more information. Just wanted to thank you for your

replying in such a timely manner. It saddens me that my daughter is with someone

who cannot legally get a license but the law is the law and I greatly appreciate your explaining it so clearly

Best

Emily

 

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