How long do points stay on your license in Pennsylvania?

Pennsylvania uses a point system for most moving violations. If you plead guilty to many different traffic violations, points will be added to your driving record by the Pennsylvania Department of Transportation. If you accumulate six or more points, your insurance rates may go up. You may also be at risk of a license suspension. If you have received a citation for a traffic violation that carries several points, contact DiCindio Law for help.

Points for traffic violations

Pennsylvania’s point system is used by the state to keep track of your driving behaviors. A majority of the moving violations in the state will add points to your record. Some of the common types of traffic violations and their points include the following:

  • 2 points – Failing to obey an authorized person who is directing traffic
  • 2 points – Failing to comply with a restriction on your license
  • 3 points – Failing to obey a traffic control device
  • 3 points – Improper passing at a tunnel or bridge
  • 3 points – Following too closely
  • 3 points – Running a stop sign
  • 3 points – Making an illegal u-turn
  • 4 points – Not stopping at a railroad crossing
  • 3 points – Careless driving
  • 2 points – Speeding by six to 10 miles per hour above the speed limit
  • 4 points – Hit and run accident with property damage
  • 3 points plus a 15-day license suspension – Speeding by 11 to 15 miles per hour over the speed limit in a work zone
  • 4 points plus a 15-day license suspension – Speeding by 16 to 25 miles per hour over the speed limit in a work zone
  • 5 points plus a 15-day license suspension for going from 26 to 30 miles per hour in a work zone
  • 5 points plus a 15-day suspension – going 31 miles per hour or over in a work zone

If you accumulate too many points, your driver’s license may be suspended.

First time that you accumulate six points

If your license reaches six accumulated points for the first time, you will be required to take a test by PennDOT. The test will cover your knowledge of safe driving, departmental penalties, and other safety issues. You must pass the test within 30 days. Your license will otherwise be suspended until you do pass the test. If you pass it within 30 days, the state will remove two points.

Second time accumulating six points

If your points have been reduced below six points and you subsequently accumulate six points again, you will have to go to an administrative hearing. A hearing officer will look at your driving record and might recommend any of the following departmental actions:

  • 15-day suspension of your license
  • Special driver’s test
  • No action recommended

If you have to take an exam or have your license suspended, two points will be deducted from your record once you pass the test within 30 days or once you have served your suspension. If you fail to show up for your hearing, your license will be suspended for 60 days.
Third time accumulating six points

If you accumulate 6 points for the third time after your points have been reduced, you must attend a hearing. The hearing officer will look at your record to determine whether your license should be suspended for 30 days. If you don’t show up to this hearing, your license will be suspended until you do.

Points for excessive speeding

If you plead guilty or are found guilty for speeding more than 31 miles above the speed limit, you will be required to attend a hearing. At your hearing, your record will be reviewed. PennDot will then issue one or both of the following sanctions:

  • 15-day suspension of your license
  • Special driver’s test

If your license is suspended for 15 days, you will have five points on your license after it is restored. The department will not reduce any points if you complete a special driver’s test. If you do not show up to your hearing, your license will be suspended for 60 days.

Accumulating 11 or more points

Your license will be suspended if you accumulate 11 points. How long your suspension will last will depend on whether you have had a suspension in the past. If it is your first suspension, your suspension will be five days for each point. If it is your second suspension, your suspension will be 10 days for each point. For a third suspension, your suspension will be 15 days for each point. Finally, for subsequent suspensions, your license will be suspended for 12 months.

For every consecutive 12-month period after you have received points in which you do not have any violations, three will be removed. When your driving record reaches zero and remains there for 12 months in a row, any future points will be treated as the first time that you have accumulated them.

What to do if you have received a citation

When a police officer gives you a citation, check it to make sure that it is accurate. Look at your identifying information. If there are any problems, call the court to have it fixed. You will have 10 days to respond to your citation. If you fail to respond, you could be forced to pay extra fees and may have your license suspended.

When you receive a traffic citation, it is a good idea to talk to an experienced West Chester attorney at DiCindio Law to learn about your options. If you choose to pay for your ticket, you will receive points. An attorney may be able to secure an agreement for you to plead guilty to a traffic offense that carries lower fines and fewer points.

Call DiCindio Law today at 610-430-3535 to schedule a consultation so that you can learn more about how to handle your traffic ticket.

What do I do when I am charged with a DUI

One of the first things that people call and ask is, “What do I do when I am charged  with a DUI”

The crime of Driving Under the Influence or “DUI” is likely the most commonly charged crime in Pennsylvania. With law enforcement targeting DUI offenders – people from all walks of life are being arrested and prosecuted.

Anyone who is arrested and charged with a DUI is going to have concerns about what they will be facing moving forward. Will I go to jail? How much is this going to cost? Will my employer find out? How long will I lose my license for? All of these are normal concerns of a first offender or of someone who has prior driving under the influence convictions or arrest. Further, not only are these normal . . . they are questions that are important for you to have answers to. Some things you can do.

1. Write down as much as you can about what you remember from the evening of the arrest. When determining what the best course of action or litigation strategy is for your case every detail may matter and may impact your case or the way in which your criminal defense lawyer proceeds. Nothing is insignificant.

2. Contact and hire an attorney. DUI cases may be common but they still impact your livelihood, reputation, finances and liberty. Now is the time to find an attorney who you trust to protect your interests and defend you in your case. There are no guarantees in criminal law.  Now is the time that you need to have your questions answered and understand what the different potential outcomes may be. While a strategy should be put in place quickly it is important to still understand that we as criminal defense lawyers do not always have all the information needed immeidately in order to properly decide how is best to proceed this early on.

West Chester Pennsylvania Criminal Defense - Conspiracy Cases

West Chester Pennsylvania Criminal Defense and Personal Injury Attorney

3. Ask questions. There is no question that you have that shouldn’t be asked. This is a significant event for you and the outcome very well may impact you in some manner for the remainder of your life. You do not want to look back in a few years and question what you did and/or why you didn’t do something with your case. No attorney worth hiring will make you uncomfortable or be bothered by your questions. Some things to think about:

a. Cost
b. Punishment
c. Trial issues
d. Time Frames/Length of the case
e. Pre-Trial Motions
f. Diversionary Courts/First Offender Programs and options
g. Things you can begin to do to help your case

These are just a few of the many things that you should be thinking about and doing when you or a loved one has been arrested and charged with a DUI. If you have any questions or are facing DUI charges call Mike DiCindio directly today.

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The above listed information does not include the entire crimes code, annotations, amendments or any recent changes to the law that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments or the most complete legal issues for all cases These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County, including West Chester

Chester County Intermediate Punishment Program (IPP)

In our culture today one of the most common criminal charges, one that fills county dockets across state of Pennsylvania, is Driving Under the Influence (DUI). While many first-time offenders may be eligible for the ARD program (read more by clicking the link) there are many times where this is not offered or an individual is not eligible – possibly due to the facts and circumstances surrounding the DUI charge, possibly because of a prior criminal offenses or possibly it is not a first offense driving on the influence charge for the accused. In all of these cases, individuals who have been charged with a Driving Under the Influence / DUI offense face the potential of harsh mandatory incarceration sentences, potential supervision and conditions.

Mike DiCindio West Chester, PA Attorney

West Chester Criminal Defense Lawyer

In these circumstances in Chester County, the Intermediate Punishment Program (IPP) is set up in a manner that allows first, second and potentially third offense Driving Under the Influence / DUI offenders to apply and, if deemed eligible and accepted by the court, receive a much less harsh imprisonment sentence mixed with electronic home confinement and community service.

While this Chester County Intermediate Punishment Program (IPP)  does not reduce the potential license suspension in these matters, it is a beneficial program when there are no legal arguments of merit that can be viewed as likely to win the case either before or at trial. In these matters, a skilled criminal lawyer may recommend this as the most beneficial potential outcome for a client.

It should be noted, in Chester County there are more offenses that may be eligible for the IPP program – still, the vast majority are DUI and DUI related suspension matters.

To read more about the IPP program or to see Chester County’s IPP chart go to the Chester County IPP website or contact DiCindio Law, LLC to speak to Mike DiCindio about your case today.


 

The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale

 

 

Driving Under Suspension DUI Related

Under Pennsylvania law and the Pennsylvania vehicle code a person who is convicted of driving under the influence of alcohol or a controlled substance will usually face a suspension of his driving privileges. If someone’s driving privileges are suspended due to a prior driving under the influence arrest and conviction now under what is commonly called “Driving Under the Influence – DUI Related Suspension.”

West Chester DUI Lawyer

West Chester DUI Attorney Michael D. DiCindio, Esq.

Once someone’s license is suspended based upon a prior DUI conviction, your license remains suspended “DUI related” until their privileges are restored. In the event that a “DUI Related Suspended” driver is caught operating a motor vehicle he will be subject to mandatory incarceration of up to 90 days and a mandatory fine. This is called “Driving Under Suspension, DUI Related,” and is charged under 1543(b) of the Pennsylvania vehicle code.

For someone who has been charged under 1543(b) Driving Under Suspension DUI Related, there are often times many ways to defend the case. The Commonwealth must prove that there was valid notice of the suspension given to the Defendant. The Commonwealth must also prove that the driver was in fact the suspended individual. Over everything they also must have had a valid read reason to stop the vehicle.

A skilled criminal defense lawyer will be able to determine whether or not there is a plausible defense theory either to the law or to the facts of a specific situation. If there is not, negotiations may secure a plea to a charge without mandatory incarceration or drastically reduced incarceration – depending on the county as well as the facts of the specific case.

If you or a loved one has been arrested or cited for Driving Under Suspension DUI related under 1543(b) contact DiCindio Law, LLC today, speak directly to Mike DiCindio and begin preparing your defense.

 

 


 

The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

 

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale

DUI Suspensions and more – License Options

In Pennsylvania, there are many offenses that, if convicted, carry with them a license suspension for the offender. DUI, certain levels of speeding, possession of a controlled substance and even underage drinking are a few of these offenses.

Mike DiCindio West Chester, PA Attorney

West Chester Criminal Defense Lawyer

When someone has a DUI suspension or one of these other many offenses, their lives are impacted in major ways. Many will not be able to get to work as easily or at all, and even others may not be permitted to stay at their current job or take certain types of employment due to the license suspension.

Pennsylvania has two main types of licenses that may, possibly, provide an offender with the chance to operate a motor vehicle for limited purposes and at limited times despite the suspensions that are in effect.

First, there is a possibility, even with certain DUI offenders, of getting an “Occupational Limited License.” In Pennsylvania, this permits the qualifying offender to operate a motor vehicle only when necessary for work, study, or medical treatment.

Second, there is what is termed a “Probationary License.” This is a once in a lifetime license able to be obtained by qualifying offenders who have had their license suspended for more than 5 years. They must have served a portion of the suspension before applying and the length required to first be served depends on the circumstances of the specific offender and the number of violations/length of suspension. If one qualifies for this license, they are permitted to drive between 6 a.m. and 7 p.m.

An experienced attorney should be contacted to discuss eligibility as well as the process of applying for either one of these licenses.

 


 

The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

Michael DiCindio is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale.