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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89584
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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First offense PA driver got DUI back in 2011, served his jail

Resolved Question:

First offense PA driver got DUI back in 2011, served his jail time was released from Bradford Co. on 05/24/12 surrendered his license after jail release for what he thought was the 1 year suspension. He completed all terms of probation, got the completion letter sent to PennDot from Bradford County stating ALL TERMS of sentencing met. He had never heard from PennDot, so he checked and they are saying he never surrended license, although he turned it in to Bradford County post jail release on or about 05/24/12, but they can't find a receipt in their records for it, so they are saying he has not served the 1 year suspended license part, yet he has and is past ready to get his license re-instated. He filled out a form acknowledging that he turned said license in on 05/24/12, but they are saying the suspension will start now FOR ANOTHER YEAR!! What can he do if THEY LOST HIS LICENSE AND/OR RECEIPT?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, he is going to have to file an appeal with PennDOT and will have to provide proof the license was surrendered to Bradford County, but without that proof, such as an officer testifying it was surrendered, I am afraid PennDOT will not budge without some proof other than his word, because the law says the license must be physically turned in to PennDOT for the suspension to be valid. He has a right though to an administrative hearing and he needs to file for one, since many times the county officers will appear and testify that it is their process to take licenses post jail release and if they testify to that, then he can convince the administrative hearing officer that this was an error on the part of the county and he had no license to physically surrender. Thus, the only thing he can do is ask for an administrative hearing and provide some evidence or testimony to support his contention it as turned in.



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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89584
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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