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That being said...Wow, my only thought is that you may have made out due to clerical error. PennDot seemed to be under the impression that you were jailed til 2003, NOT 2012. It then credited you for the 2001 from 2003-2004, and then started the next suspensions credit thereafter. Both should have started in 2012 and 2013 respectively. Perhaps it missed the "10" year incarcertaion sentence
and only saw "1" - who knows - but this appears to be what happened. If it were me, I'd keep quiet. Nose clean and they will never look at it again.
More specifically, here are my thoughts as I review your facts:
PA Title 75 Sec 1541(a.1) says Credit for suspension of drivers license shall not commence until release from Prison (Amendment dated 12/21/98 Sec 151); Yes. That is what is supposed to happen.
however, PennDOT letter in 2004 states Credit began 12/31/04 for homicide DUI and Injury which took place 7/12/02. OK, and I think you are saying the driver was still incarcerated.
Has there been a judicial modification to 1541(a.1); Not as far as I have heard.
or, why did PennDOT begin crediting for license suspension on 12/31/04? I suspect PennDOT screwed up - human error, etc. Technically, neither should have received credit until after 2012 release, and then they should have been consecutive (not even concurrent, see below for that statute and corresponding 2009 case law).
Surrender of license to State Police on 7/12/02, OK you surrendered license at time of offense #2. But you also went to jail at that time, so that lack of license wouldn't count toward any mandatory suspention until you were released and only if you weren't then serving a different suspension - as they must be done consecutively.
incarceration from 7/12/02 until 7/16/2012 parole. In prison for the next 10 years.
PennDOT gives credit for suspension due to 11/22/01 DUI (no accident & no license surrender) from 12/31/03 to 12/31/04, OK, did the court officially suspend on 12/31/03, for a duration of 1 year? (i.e. did you take that long to get to court on the 2001 DUI?) - This was really should have started 2012 - under 1541. Were you yet convicted on offense #2 yet? I am wondering if they were unaware of your incarceration, thereby giving you inappropriate credit.
even though license surrender to State Police on 7/12/02. That was on a different charge. They are separate. #1 suspension credit shouldn't have started til 2012 release if it wasn't suspended until 2003. Then #2 suspension should have started AFTER #1 was done, sometime in 2013.
1541:(a.1) Credit toward serving period of suspension for certain violations.--
Credit toward serving the
period of suspension or revocation imposed for section... 3735 (relating to homicide by vehicle while driving under influence),...3802 (relating to driving under influence of alcohol or controlled substance)... shall not commence until the date of the person's release from prison.Moreover:
Pa.C.S. §1544 requires that license suspension periods must be served consecutively and not concurrently. See 2009 case of Guinan v. Commonwealth.
§ 1544. Additional period of revocation or suspension.
(a) Additional point accumulation.--When any person's record shows an accumulation of additional points during a period of suspension or revocation, the department shall extend the existing period of suspension or revocation at the rate of five days for each additional point and the person shall be so notified in writing.
(b) Additional suspension.--When any person's record shows an additional suspension of the operating privilege assessed during a period of suspension or revocation, the department shall extend the existing period of suspension or revocation for the appropriate period and the person shall be so notified in writing.
(c) Revocation during suspension.--When any person's record shows an additional conviction calling for revocation of the operating privilege during a period of suspension, the department shall add the appropriate revocation onto the period of suspension and the person shall be so notified in writing.
(d) Revocation during revocation.--When any person's record shows a conviction calling for revocation of the operating privilege during a period of revocation, the department shall extend the existing period of revocation for the appropriate period and the person shall be so notified in writing.
You were incarcerated for the 2002 charge from 2002-2012. No credit is supposed to be given for any suspension taking place during incarceration. you were incarcerated at the time of the 2003 suspension, so that suspension actually should not have been credited as well til 2012 (release from prison). Then, would start the 1 year suspension for the 2001 violation. And then the X year suspension for the 2002 violation (don't know the conviction date).
You may have been given a gift of human error, sounds like. You agree?
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