If the location of the offense is indicated as the walmart exit road (not otherwise designated as a public road), then the exit road may be a trafficway, not a highway. This is an important distinction under the Pennsylvania vehicle code. If the road is publicly maintained it is likely to be considered part of the "highway"Our careless driving law, section 3714, and driving at safe speed, Section 3361, only apply to "highways" not "trafficways". I suggest you hire an attorney to research this...
there is case precedent in Pa allowing prosecutors to bring criminal charges when someone with a pre-existing seizure condition drives knowingly under a license suspension. One of the keys to this case is whether prosecutors had ecvidence you knew (or should have known) you should not be driving. i had a case similar to yours where someone was killed and my client was charged with homicide by vehicle. Dave Hershey, Dillsburg, Pa
The arresting officer does not have to be present. Issue is ultimately whether there is enough evidence to prove charge beyond a reasonable doubt. In Pennsylvania, courts routinely allow witnesses to give their opinion regarding intoxication if they had sufficient opportunity to observe defendant and are otherwise familiar with the effects of alcohol. these cases are sometimes better suited for a jury trial if the Defendant is eligible for a jury trial (as opposed to a bench trial).
You did not indicate why your son was taken to jail directly--was it because of the new charges or because the ranger talked to his po?--either way, his po can schedule him for a revocation hearing in front of the original sentencing judge on a technical violation of probation. The original sentencing judge can then impose jail time if he sees fit. Your son needs representation.
If I understand your facts ,then your New jersey DUI conviction was in 1991, before Pennsylvania legislatively adopted the drivers License compact for serious traffic offenses. This means that in the extremely remote event that new Jersey DMV chose to report it in 2013, you would have a defense based upon our landmark Pa Supreme Court ruling in Sullivan v.PennDot, Bureau of Driver Licensing (1998)
Some counties in Pa will offer ARD on a summary offense--not sure if Centre county does. The District Attorney's office should be able to answer that question. Another option would be to request the District Court judge, with the approval of the officer, to request community service in exchange for a withdrawl /dismissal of the charge upon successful completion.
Most, if not all of the agencies that calibrate speedos for state and local police are private, for-profit operations. My experience has been that these companies treat the records as private and usually direct all inquiries to the individual police departments. You could direct a right to know request to the police department specifying the information you are seeking. each department ususally has one person who is assigned to respond to such requests. If your request is denied, you can appeal...
If you are going to testify, you will have to be sworn in. The suggestion thast this will not go on your record is simply not correct. Our court system in Pa. keeps a record of all summary citations which are available for public inspection (some exceptions exist if you are under 18 when you are cited or arrested). You should consult a criminal defense attorney. You may be able to have the record expunged at a later date.
The license penalty depends on what section of the vehicle code you were cited under. There are certain violations in your case that would not delay your ability to get a license. You need to speak to an attorney who deals regularly with vehicle code violations. Even though you were in a parking lot, it is considered to be a trafficway and you can be cited if you do not have a valid learners permit.
Assuming no drugs or aclcohol in your system at time of this incident penalty is 60 to 90 days in jail. If you had BAC of .025% or greater and/ or illegal drugs in your system, penalty is more severe. You need to consult with a crimianl defense attorney.