My daughter had a BAC of 0.16 in MD. She lives in PA. has a PA license and works in MD. Can she get a waiver during the 90 day suspension allowing her to drive to and from work in MD?
Country relating to Question: United States
State (if USA): Maryland
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.
I am sorry to hear about what happened to your daughter. 75 Pa.C.S.A. § 1553 provides for issuing a limited occupational license for suspended drivers. She can file a petition with the DMV/DOT for an occupational limited license.
(1) The applicant for an occupational limited license must file a petition with the department, by certified mail, setting forth in detail the need for operating a motor vehicle. This petition is called Occupational Limited License Petition (form DL-15). The petition shall include an explanation as to why the operation of a motor vehicle is essential to the petitioner's occupation, work, trade, treatment or study. The petition shall identify the petitioner's employer, educational institution or treatment facility, as appropriate, and shall include proof of financial responsibility covering all vehicles which the petitioner requests to be allowed to operate.(2) The petitioner shall surrender his driver's license in accordance with section 1540 (dealing with surrender of license).(3) A $50 fee must be paid.(4) Send the form, along with a check or money order, proof of insurance (copies only) and Restoration Fee if not previously paid by mail to the Department.
They would respond to her within 20 days, to inform her if she has been approved.
Pleaselet me know if you have any follow up questions or need any clarification on somethingwhich I stated above, prior to rating me. Please remember toonly rate my answer when you are 100% satisfied. IF you feel the need to clickeither of the two faces/stars on the left, please STOP and reply to me via the" REPLY TO EXPERT or CONTINUE CONVERSATION " button. Iwant to make sure your experience with the site was as pleasurable as possibleand that you are satisfied with the help I provided. If you have nothing further, please rate myanswer with 3, 4 or 5 faces/stars, so I can get credit for my help - I hope youfound it to be Excellent!
Is 75 Pa a Pennsylvania code reference?
It is a statute. Here is the link. http://law.onecle.com/pennsylvania/vehicles/00.015.053.000.html
So I'm understanding you to say that she has to apply to PA to get her license re-instated to drive to work in MD. Remember, MD is the state that is suspending her privileges to drive in MD, not PA. How does PA have jurisdiction in a MD DUI proceeding?
She has a license issued by PA. MD is going to report this and PA will see this in the system. MD did not issue her a license, so it is PA, who will have to decide if she can obtain a permit. MD can not issue her a permit, since they never issued her a license in the first place.
But she has been told by the police that MD will suspend her right to drive in MD and will arrest her if she drives in MD during the suspension period.
The permit from PA, may allow her only to drive in PA. She needs to speak with the DMV/DOT to inquire about the restrictions if it is granted. She can contact the DMV in MD this morning and ask about a permit but they are likely going to tell her that as a result of her not being a resident there nor holding a MD license, they can not issue her one and she needs to speak with PA. Is this unfair and a hardship to her? Yes, 100%. However, driving is a privilege, not a right and if she violated the laws of MD and charged with a DUI, she needs to deal with the rules/restrictions which they impose on their roadways. I understand she needs to drive to work for these 90 days but the law is not always favorable and on the side of a defendant. By all means, have her contact the DMV in the county where she was arrested and charged and let her speak with them about a way around this. Moreover, have her call the PA DMV/DOT and see what they say about the restriction and driving out of State. I wish I could tell you that she could just obtain a permit to drive and this would not be an issue but that is not the case. I would rather be upfront and honest then mislead you or her.
7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).