Suspended Driver’s License in Pennsylvania

If you’ve been charged with driving on a suspended driver’s license in Pennsylvania, there are some very important things you should know about the consequences of pleading guilty to such a ticket. Under Pennsylvania law, you can be sentenced to jail time if you plead guilty to driving on a suspended license depending on why it was suspended and how many prior offenses you’ve had. Although this article won’t go through everything that has to be taken into account when pleading guilty to driving on a suspended license, here are three key factors that will help to determine how serious your charge is.

1. Was your license suspended because of a DUI or Drug Possession?

If your driver’s license was originally suspended because of a DUI, because you refused a blood test during a traffic stop or because of your participation in a voluntary diversionary program like ARD, then a conviction for Driving on a Suspended License may result in jail time. The statute which governs driving under suspended license in these situations is 75 Pa.C.S § 1543(b).

A person who drives a motor vehicle on a highway or trafficway of this Commonwealth at a time when the person’s operating privilege is suspended or revoked as a condition of acceptance of Accelerated Rehabilitative Disposition for a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) or the former section 3731, because of a violation of section 1547(b)(1) (relating to suspension for refusal) or 3802 or former section 3731 or is suspended under section 1581 (relating to Driver’s License Compact) for an offense substantially similar to a violation of section 3802 or former section 3731 . . . shall be sentenced to pay a fine of $500 and to undergo imprisonment for a period of not less than 60 days nor more than 90 days.

A second violation of this paragraph shall constitute a summary offense and, upon conviction of this paragraph, a person shall be sentenced to pay a fine of $1,000 and to undergo imprisonment for not less than 90 days.

A third or subsequent violation of this paragraph shall constitute a misdemeanor of the third degree and, upon conviction of this paragraph, a person shall be sentenced to pay a fine of $2,500 and to undergo imprisonment for not less than six months.

This statute provides, in part, that if you’ve been convicted for the first time for driving under a suspended license, you will be sentenced to 60 days in jail and to pay a fine. A second offense results in 90 days in jail and a third sentence is a misdemeanor crime, meaning it actually forms part of your criminal record. This stands in stark contrast to a situation in which you have had your license suspended merely for outstanding tickets or other administrative reasons. In that case, the statute only provides for the payment of a $200 fine.

2. How many prior offenses do you have?

Another instance that a driving on a suspended license ticket can result in jail time is when you have a large number of prior offenses. These prior offenses for driving with a suspended license can add up, not only in terms of fines, but also in terms of the severity of the charge. Officers and prosecutors will sometimes threaten you with jail time under these circumstances. If you’ve had multiple prior “Driving while suspended” charges, you need an experienced traffic attorney by your side to help you negotiate and defend.

3. Are you willing to deal with additional suspensions?

Finally, in determining whether you should fight or negotiate a traffic charge for driving on a suspended license, it’s important to decide whether you are able to deal with a longer suspension. When you are convicted for driving on a suspended license, your suspension gets lengthened. Many people do not have a choice regarding transportation and feel compelled to continue driving to get to work, medical appointments, and to take care of family members. But because police officers are scanning plates and pulling over those with suspended licenses, this is a way to almost guarantee that you will have additional charges and suspensions in the future.

Conclusion

As with any criminal charge, it’s important to consult an attorney before pleading guilty to anything. When you’re charged with driving on a suspended license, don’t treat it like just a traffic ticket. It comes with license suspensions and even potentially jail time. Some Magisterial District Courts will require those charged with driving under suspended license to obtain an attorney. Other courts may make this optional. But don’t be misled. Having an experienced attorney by your side is extremely important when dealing with charges affecting your record. At Cornerstone Law Firm, our traffic attorneys help individuals every day who are charged with traffic offenses to make good decisions for themselves and their future. Call us today to schedule a consultation.