Have Legal Questions? Ask a Lawyer Now.
Hi, My name is XXXXX XXXXX I am a Pennsylvania Licensed, Practicing Attorney. I will be glad to assist you with your question, but need a bit more information, if you do not mind, If I have not Answered your question, please let me know and I will be glad to explain further
Please number your answers to correspond with the questions,, Thank you,
1. When the police officer "pulled up behind you", did he see you driving ?
2. If so, was the police officer following you ?
3. Which County is this ?
he saw my car ,i guess he assumed it eas me driving, and when i got to my house and he pulled up next to me ,he obviousously saw it was me. he followed me out of redners where i just got a coffee and followed me home.i live in reading pennsylvania.
The police officer should not have been following you. Whether he was the police officer who stopped you for your DUI, or not, unless you disobeyed a traffic signal, or you failed to put on your turn signal, the police officer should not have been following you and the fact that he was the police officer who stopped you for a DUI, makes following you a form of harassment.
He has 30 days to issue a citation for violating Pennsylvania Vehicle Code §1543(b) - Driving while under suspension, DUI related. It does not matter that PenDot should have returned your driver's license by now. The Pennsylvania Courts have held, and the Pennsylvania Supreme Court has affirmed that until a motorist's driver's license is reinstated and returned to him or her, the driver's license remains suspended. The penalty for violating §1543(b) is a $500 fine and a mandatory sentence of 60 to 90 days, but part of the sentence can be served by electronic home monitoring.
Wait and see if you receive a citation in the mail. If you d receive a citation, immediately retain an Attorney with experience in this particular area because it is a bit complex. Tell the Attorney what happened, that the police officer was following you for no reason, other than being the police officer who stopped you for a DUI. Your Attorney must file a Motion to Suppress because this was an illegal stop, he should not have been following you, and there was no reason for him to have been following you. Therefore, any evidence the police officer got from looking up your driver's license should be suppressed. Without that evidence, the Court must dismiss the citation.
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,
Bonus and Positive Feedback on survey is very much appreciated,
thankyou thats what i thought however since i contacted you, he called me and told me that he would not be citing me,as he understood that there is a problem either with the court or penn dot , but advised me to get it taken care of which i have been workin on straightening out their incompetance. also thankyou for the excellent service. i am so relieved not only knowing he had no right to do what he did , but that he called me and told me no action was going to be taken. im jus gtryin to survive in this world and thisjustice system applys its course heavy handed injustice on us that have not actually commited any crime.
Hi, Jerry, You are very welcome,
You are very, very lucky because police officers in my area, Delaware County, are not courteous at all. They treat everyone like a criminal, when in fact, this is written in the Pennsylvania Vehicles Code and not the Pennsylvania Crimes Code, the police seem to forget this all too easily. Pennsylvania has one of the strictest DUI laws of all the States and does not even allow you to expunge your record unless you got ARD (Accelerated Rehabilitative Disposition).
Please do not forget to give me a rating because it is the only way that I will receive credit for assisting you. It will not cost you anything additional, but it is necessary for me to receive credit. Thank you for understanding,
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).