How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask AlexiaEsq. Your Own Question

AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 11828
Experience:  19+ Years of Legal Practice in Criminal Law.
10805288
Type Your Criminal Law Question Here...
AlexiaEsq. is online now
A new question is answered every 9 seconds

PA Title 75 Sec 1541(a.1) says Credit for suspension of drivers

Customer Question

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); however, PennDOT letter in 2004 states Credit began 12/31/04 for homicide DUI and Injury which took place 7/12/02. Has there been a judicial modification to 1541(a.1); or, why did PennDOT begin crediting for license suspension on 12/31/04? Surrender of license to State Police on 7/12/02, incarceration from 7/12/02 until 7/16/2012 parole. PennDOT gives credit for suspension due to 11/22/01 DUI (no accident & no license surrender) from 12/31/03 to 12/31/04, even though license surrender to State Police on 7/12/02.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  AlexiaEsq. replied 2 years ago.
Hi, thanks for your inquiry! I have been practicing Criminal law for 17+ years and have specific experience with issues like yours. My name isXXXXX and I have been a stage 4 (highest) professional lawyer with the Company for nearly 4 years, and enjoy giving top notch answers to all of my customers. While I am unable to represent you or give you specific legal advise, I can provide you with legal information you may wish to consider and review so that when you do consult with an attorney in your jurisdiction, you have a basis of knowledge.



Please DO remember to only rate my answer when you are quite satisfied with my diligence and effort in accordance with your chosen transaction. I aim to provide EXCELLENT SERVICE. Until then, please stop and REPLY to me via the CONTINUE CONVERSATION button with the question concern you may still have. I will be happy to continue further and do everything I can to provide you with the service you seek. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!




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?

-------



I think this is what you wanted to know. If not, please let me know and we can interact further. Otherwise, I wish you the best and ask that you Rate me now. HINT: I aim to provide only EXCELLENT SERVICE and ask that you click a rating on the RIGHT side of the choices OR, follow up with me if you need more follow up or clarification. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!



You can ask for me directly in the future by starting your post with "To Alexia Esq."

Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and presenting your issue to your lawyer if need be. I am an Attorney in the U.S. but I am not your attorney.




AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 11828
Experience: 19+ Years of Legal Practice in Criminal Law.
AlexiaEsq. and 6 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank You, XXXXX XXXXX from the State of Wyoming so this is all strange to me.
Expert:  AlexiaEsq. replied 2 years ago.
Hi again, and thank you. Those that write our laws don't do a terrific job at making them clear and easy to follow. Good luck with everything!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 

Related Criminal Law Questions

Chat Now With A Criminal Lawyer
AlexiaEsq.
AlexiaEsq.
Criminal Lawyer
11828 Satisfied Customers
19+ Years of Legal Practice in Criminal Law.