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My license was reinstated by penndot in 5/2015; I was

Hi my license was reinstated...
Hi my license was reinstated by penndot in 5/2015; I was disabled and unable to commence reinstatement until 6/2016. In PA they basically set one up to screw up per say. The day before my IILD was scheduled to be installed I hydroplaned while driving my new car home totaling it and got caught. Now I’m facing 11-24 for a 1543 B1. My question is, shouldn’t the charge truly be driving without the mandated interlock and not another DUI? I feel I’m getting the short end especially since I did 24 mos for my 2nd DUI after I was released from the hospice... I somehow woke up after they pulled the plug, and off to State I lauded...
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Answered in 13 hours by:
3/25/2018
Josie-Mod
Category: Traffic Law
Satisfied Customers: 12
Verified
Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
I wonder whether you're ok with continuing to wait for an answer.
If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
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Customer reply replied 3 months ago
I need a response it’s the sole purpose for my membership. Plea agreement is scheduled for the 28th so I’m hoping that I’d have a response by latest tomorrow afternoon
LegalDan
LegalDan, Attorney
Category: Traffic Law
Satisfied Customers: 616
Experience: Partner at McCollum Hodgkinson, P.C.
Verified

Hello my name is ***** ***** I am happy to help - what is the basis for you being charged with another DUI? Did they find alcohol? Was there a blood draw at the hospital?

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Customer reply replied 3 months ago
Passed the breathalyzer so the cop took me for blood and I since I did drink one beer my BAC was 0.0239 low enough that if I had that blower installed it would have let me drive but since I was on a DUI suspension 0.02 is the PA limit. The DUI was from 2009. And as I noted the DMV already sent me a certified letter reinstating my license with installation of a ILD which was to be installed at 10am the following day.
Customer reply replied 3 months ago
the charge is a 1543 B1 which holds a 12-24mo jail time on 3rd DUI (one month shy of only being 2nd)....
Customer reply replied 3 months ago
Plea charge is 3802 A1 driving while under influence general impairment 1st offense with a sentence of 11mos

Thank you for the information - what specifically is your question?

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Customer reply replied 3 months ago
Based on other cases I’ve seen... shouldn’t the charge technically be “driving without the sentenced ILD” with a sentence adding 1 year to the original 1 year blower requirement not 11 mos incarnation?
Customer reply replied 3 months ago
Driving with a BAC of 0.023 0.003 over the limit doesn’t really seem like an incarnation kind of crime..

While I agree with you that a BAC that low should not result in an incarnation, but technically they could charge you in multiple ways based on the facts that you have told me. Unfortunately they can charge you with DUI for being 0.003 over the limit.

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Customer reply replied 3 months ago
As it stands today the plea agreement from the ADA is 11-18 down from 18-24, this is also after completing DUI classes and attending weekly therapy sessions as a prep to get a lessor sentence. this happened in July 2016, I’ve had the blower installed since December and been attending outpatient since November. Was hoping to get a better 2nd opinion
Customer reply replied 3 months ago
Looks like incarnation is gonna be the outcome ADA refuses HA because he doesn’t trust that it’ll work???

Unfortunately that seems like the outcome - the ADA is not going to be very lenient with the violation coming with a blower that should have been installed. I wish I had better news for you.

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I believe I have answered your question - Can you please rate my answer with 5 stars

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Customer reply replied 3 months ago
First Offense: ignition interlock period extended 12 months from conviction date.
Second and Subsequent Offense: 12 month suspension and must comply with ignition interlock before they can be restored.Why does interlock websites read the above then?

Those are for violations of the device - not DUI. That is for any alcohol on the breath.

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Customer reply replied 3 months ago
I get that but that blower lets u drive on that level (total accident moving truck to garage and blew and it still started)
Customer reply replied 3 months ago
I know a few dope dealers that belong there not this dumb crap thanks for your input

I wish I had better information for you but I have run into this issue multiple times - can you please rate my answer with 5 stars

LegalDan
LegalDan, Attorney
Category: Traffic Law
Satisfied Customers: 616
Experience: Partner at McCollum Hodgkinson, P.C.
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