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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12792
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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How long does a pa county policeman have to issue a citation for driving while license is

Customer Question

How long does a pa county policeman have to issue a citation for driving while license is suspended dui related?
Officer was notified by probation office one week ago...
Thanks
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 year ago.

Alex Esquire :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex Esquire :

Are you online with me?

Customer:

yes

Alex Esquire :

Welcome to JustAnswer.com

Customer:

thanks

Alex Esquire :

Can you please tell me what happened in this situation, so I can better understand your question and can provide you with the best answer.

Customer:

I am on probation. Upon leaving mm

Alex Esquire :

Are you online with me?

Customer:

The policeman took downy info and said it was in the po hands??

Customer:

yes

Alex Esquire :

so you got pulled over while you were driving on suspended license?

Alex Esquire :

you were not cited by the police officer, correct?

Customer:

the po told me to pull over while she called police

Customer:

no citation was issues

Customer:

however, she said it will be issued if she has anything to say about it

Customer:

incident occured last thursday and as of monday nothing was filed

Alex Esquire :

I see

Alex Esquire :

So basically, the police officer left it up to your probation officer?

Alex Esquire :

Correct?

Customer:

I spent 4 nights in jail until judge refused to violate me

Customer:

yes

Alex Esquire :

you spent 4 nights in jail because you were stopped driving while suspended which triggered probation violation hearing?

Customer:

yes

Alex Esquire :

Have you spoken to your PO about this situation?

Customer:

the po held me no bail because it was dui related

Alex Esquire :

Basically, your PO saw you driving and called the police to document the act?

Alex Esquire :

This is an unusual situation, as normally a citation would be issued to support the probation violation, not the other way around.

Customer:

yes, he said nothing was filed as of monday but the po that arrested me is his supervisor. he stated she will not let this go

Alex Esquire :

thank you for this clarification.

Customer:

is the po able to issue citation?

Alex Esquire :

basically, this would be a misdemeanor in PA

Customer:

when will I know?

Alex Esquire :

PO can advise police officer who responded to have the citation issued within 2 years from the occurrence of this misdemeanor crime.

Alex Esquire :

So, basically police has 2 years to issue the citation.

Customer:

is penndot notified

Alex Esquire :

Unfortunately, there is no way to know for sure whether you would be cited, but if the probation department supervisor is very eager to have you cited for this crime, I am afraid that the chances would be stocked up against you.

Alex Esquire :

yes

Alex Esquire :

they would be notified if the citation for unlicensed driving is in fact issued.

Customer:

If the officier didnt see me driving....still may cite me?

Alex Esquire :

*I meant to say "citation for driving while suspended based on DUI"

Alex Esquire :

Yes

Alex Esquire :

the PO would be a witness

Customer:

what will happen to me?

Customer:

jail?

Alex Esquire :

Well, your probation might get violated unfortunately and it would be up to the judge as to whether violate your probation and also up to the judge as to whether sentence you to jail on suspended driving charge.

Alex Esquire :

It is hard to guess as to how the court would sentence you, without knowing your entire criminal history and other relevant facts.

Alex Esquire :

Driving under suspension – DUI related, is a summary motor vehicle offense in Pennsylvania that carries a mandatory jail sentence.

Customer:

I will not be violated.....

Customer:

still jail

Alex Esquire :

For a first offense, you are facing a five hundred dollar ($500) fine and a mandatory jail sentence of 60-90 days.

Alex Esquire :

You will also be facing additional license suspension of one (1) to two (2) years.

Alex Esquire :

I know this is "bad news" but I know that you want correct and accurate information.

Alex Esquire :

Do you have any related follow up questions?

Customer:

how do I inquire if charges filed

Alex Esquire :

If they are you will be notified in writing

Alex Esquire :

or possibly an arrest warrant could be issued.

Alex Esquire :

but generally you would receive a letter from the courthouse where your case would be filed.

Customer:

would my po know all this

Alex Esquire :

yes

Alex Esquire :

I would suspect that your PO and the PO supervisor are in control of this situation.

Customer:

if the suspension is for reckless driving

Customer:

jan 2012 to jan 2013 suspension was for dui. jan 2013 until july 3013 was reckless driving

Alex Esquire :

It would be considered a DUI related suspension.

Customer:

dui and reckless driving were 2charges from same incident

Alex Esquire :

I understand

Customer:

so I should prepare for 60 days in jail

Alex Esquire :

I cannot tell you that, as each case is different and you have not even been charged with a crime

Alex Esquire :

What I could tell you, is to consult and retain an experienced local criminal defense attorney to represent you , if you are in fact charged with driving while suspended related to DUI.

Alex Esquire :

Does that make sense?

Customer:

what could they do for me if sentence is standard

Alex Esquire :

Possibly negotiate a plea to a reduced charge, which would allow you to avoid jail.

Customer:

should I call the police to check if filing is pending

Alex Esquire :

You can check with the local court where you were seen driving.

Alex Esquire :

Police would not give you this type of information.

Alex Esquire :

But once again, if you are charged with this offense, you would be properly notified, so I understand it is easier for me to say, than for you to do, but worrying about this situation would not help or change any possible outcome at this point.

Alex Esquire :

Do you have any related follow up questions for me?

Customer:

so it is not uncommon for cop to not issue citation at the tome of incident

Alex Esquire :

Correct.

Alex Esquire :

Someone can be charged with a misdemeanor crime within 2 years from the time the alleged crime took place.

Alex Esquire :

I wish you the best of luck.


 


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Customer:

would court info be online

Alex Esquire :

some courts have the online access and some do not.

Alex Esquire :

you would need to check with your local criminal court.

Customer:

thank you

Alex Esquire :

I wish you the best of luck.


 


Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

Alex Esquire :

Do you have any related follow up questions?

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12792
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 9 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you....


No charges so far......

Expert:  Alex J. Esq. replied 1 year ago.
Dear Lori,

Thank you and GOD bless you!

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