PA License Suspension for DUI Reversed
The Commonwealth Court has reversed a driver’s license suspension because the driver’s conviction for DUI was not reported to PennDOT for ten years after her conviction. In Gingrich v. PennDOT, 748 C.D. 2015 , the driver was convicted of a DUI in 2004, but that conviction was not reported to PennDOT until 2014. The driver received notice that her license was to be suspended for a period of one year. This created problems for the driver, who had employment that required a license, as well as family responsibilities for which she could have made other arrangements had she been aware of the suspension.
While the delay in the license suspension was not due to any fault on the part of PennDOT, the court held that, under these limited circumstances, that the court could reverse the suspension. Because there had been an extended period of time without further offenses, the public safety rationale for the suspension no longer existed. The court held that the standard for relief involved the following factors:
- there is an extraordinary delay in the suspension;
- there are a lack of additional offenses for an extended period of time; and,
- the driver can show that she is prejudiced by the delay in the suspension.
License Suspension
In Pennsylvania, a DUI conviction gets reported by the Court to PennDOT and a notice of suspension will be mailed to the driver. A driver can either submit acknowledgement of the suspension or file an appeal. An appeal is filed at the Court of Common Pleas in the County the operator resides in. The fees for filing a driver’s license suspension appeal vary between counties.
If you have legal questions about a Pennsylvania driver’s license suspension, or are charged with a driving offense, the experienced defense attorneys at the Mazza Law Group can help. Call today for a consultation!
PA License Suspension for DUI Reversed was last modified: March 30th, 2016 by Helen Stolinas