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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  9+ years defending Misdemeanor and Felony cases.
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I got a .08 in New York City in 1992. At the time, it was a

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I got a .08 in New York City in 1992. At the time, it was a driving while impaired. I never went to court. if I turn myself in, do I get a revocation in Pennsylvania?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. Do you know if there is a warrant for you arrest, as a result of never going to court? When you are asking about a revocation, do you mean in regard to your drivers license if convicted?
Customer: replied 3 years ago.

Yes, there is a warrant. I've been pulled over a few times, and I got arrested for trespassing once, but no one ever said anything about the open warrant. I'd like to get it taken care of, but I can't lose my driver's license in Pennsylvania. I need to be able to get to work.

Thank you for the additional information. If there is an active warrant, you can file a motion with the court, asking that it be lifted and the matter set before the court, so you can appear and answer to the charge. The other option is to just turn yourself in and post the bond, if there is one, on the warrant. Once the matter is before the court, I think you should strongly consider fighting this charge. The reason I suggest that it based upon the age of the case. It is over 21 years old, which leads me to believe that the officer(s) involved may no longer be with the department and even if they are, that they do not remember the incident, to properly testify to it. If that is the case, the State would have to drop/dismiss the case, which would mean no sentence would be imposed. You should retain a criminal defense attorney to represent your legal interest and handle the case for you, so they can look into the facts and see what legal defenses you have to raise and how to fight this.

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Customer: replied 3 years ago.

But my original question was wheather I would lose my license in Pennsylvania, if I blew a .08 in New York in 1992. I know the've lowered the limits since then.


If convicted, you would lose your license and the suspension would be reported back to PA. In both states, the legal limit is .08. Any action taken by the DMV, would have been done at the time of arrest. The court is able to suspend your license as well, once the case is resolved, so that is what you need and want to avoid, which is why I provided you with the additional information above, about the need to fight this.
Customer: replied 3 years ago.

But the legal limit for DUI was higher than .08 in NY in 1992

Yes, I understand that. What I am trying to say is that if you are convicted or you take a plea, your license will be suspended. This is a result of the sentence which was imposed. If you win at trial or the State drops the case, then nothing will happen to your license.
John, I understand the legal limit was higher in 1992 but it does not mean that the State is just going to drop the case. Even though the breath test results were below the legal limit at the time, the officer has a legal right to make the arrest based upon his observations as well and his opinion that you were impaired. If anything, being below the legal limit benefits your case and you should have taken the case to trial, at the time. Even if you walk into court tomorrow, the State can still proceed to trial. I have handled many DUI charges where the driver is below the legal limit but still charged, since the officer believed their faculties were impaired.
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