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David E. Hershey
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David Hershey’s Answers

76 total


  • Careless Driving in PA. What would my best defense to fight this ticket?

    Christmas Day, i pulled up to my moms house and the street was blocked by two unattended police vehicles, no lights or anything. They blocked both sides and had been around the corner. The officers were walking back to their vehicles as I approach...

    David’s Answer

    One of the issues that always comes up in a careless driving situation is whether your actions put other motorists and/or pedestrians at risk. If you did not then that can be argued in your favor. You are entitled to a hearing. Contact an attorney who handles traffic citations in your local court.

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  • Is act 122 required for ard program in pa?

    Is act 122 required for ard program in pa? I have found websites stating that it is only required for convicted dui cases for license restoration. Is this true?

    David’s Answer

    Yes. section 1541(d) of our vehicle code requires that if you were ordered to complete a treatment program even as part of an ARD program and you fail to do so your license will not be reinstated.

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  • In PA, if I have a first offense DUI and completed the ARD program, will it come up on my finger print or background check?

    I want to know if my first offense DUI will be visible to a potential employer. ARD program was completed and have a CLEAN record beside the DUI. They are doing a background check and finger print.

    David’s Answer

    The timing of any expungement order by the court is important--there is an inherent delay between the issuance of the expungement order and Pennsylvania State Police processing the order--could take two to three months. also expungement orders for ARD do not erase the driver record notation.

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  • Can I fight an underage dui for sleeping in my car ?

    I arrived at a college and parked my car , drank all night at a party and returned to my car to sleep because I wasn't allowed in my friends dorm because it was too late to check in. I was woken up while my seat was reclined and I was dead asleep....

    David’s Answer

    I see two issues: 1. can the police prove that you drove the car to the final location while you were impaired by alcohol (or had a BAC of at least .02%)? or 2. can the prosecution convince a judge or a jury that by turning the key while impaired by alcohol (or BAC at least .02%) you were in actual physical control of the movement of the vehicle?. Any statements you made to the police are relevant to both of these issues. If you are entitled to a jury trial (second or subsequent offense in 10 years) the prosecution may have difficulty convincing 12 people that you should be convicted.

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  • Can i fight a speeding ticket if the officer has your real speed in the notes?

    I got pulled over doing 80 on a 55. He ticketed me for going 60 instead but still wrote 80 mph in the notes section. Can i fight this? I know i could fight a speeding ticket for going 60 in 55 but since he wrote 80 mph in the notes can i still fig...

    David’s Answer

    You can take it to trial--the officer can also request to amend the speed to 80mph at the beginning of the trial.

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  • If DUI checkpoint is deemed unconstitutional after the TRIAL stage, will an appeal for crim.proceeding be denied for thisreason?

    a person is found guilty of a drug possession charge at trial and given 1 yr probation. after the trial the person files an appeal immediately because he/she finds out that the DUI Checkpoint that prompted a search of a vehicle was unlawful becaus...

    David’s Answer

    The legality of a checkpoint has to be raised in a pretrial motion to suppress evidence.

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  • Will a DUI show up on a background check if it was expunged from ard?

    I just got a background check for a job. It never showed up even when I was on ard but this is for a management position in retail. It was expunged early August I received letters from the court, and arresting officer saying it was expunged. Like ...

    David’s Answer

    It will show up on your driver record as an ARD placement for 10 years.

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  • In DUI case's about the 10 year limit? is that from the date of the arrest or the date you were found guilty of the dui?

    got new dui very close to 10 years after my first one.

    David’s Answer

    Act 2014-189 which became effective December 26, 2014 says in pertinent part "the calculation of prior offenses for purposes of sections.... 3804 (relating to penalties) shall include any conviction, whether or not judgement of sentence has been imposed for the violation, adjudication of delinquency, juvenile consent decree, acceptance of Accelerated Rehabilitative Disposition or other form of preliminary disposition within ten years before THE SENTENCING ON THE PRESENT VIOLATION..." The plain wording of the amendment now makes the sentencing date on the current charge of critical significance. I have to disagree with my colleagues who suggest otherwise. The Pa Superior Court has yet to decide this issue in a reported opinion---stay tuned.

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  • Driving with a suspended license.. What is the consequences?

    So I had to get to work and recently had my license suspended. Got caught driving and this was the first offense for this I ever had.. Am I looking at jail time here or just a fine? I figured it would be more time added to my license suspension ...

    David’s Answer

    if your driver record reflects no prior 1543a violations in your lifetime, then the maximum penalty is $200 and a 1 year term license suspension. You should consult an attorney nonetheless if you value your drivers license.

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  • Should I fight this traffic ticket?

    This afternoon, I was going west on I-76 at 80pmh in a 70mph zone. It was in an area with four lanes, and there were no cars for a good half a mile in front of me or behind me, with the exception of one truck. The weather was sunny, the lighting w...

    David’s Answer

    This violation as written will not appear on your driver record as a class c license holder---it is unlikely, therefore that your insurance company will pick up on this.

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