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David E. Hershey
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David Hershey’s Answers

52 total


  • Can a cop pull me over for tinting my car windows?

    I just tinted them yesterday and for some reason, I seem to be a magnet for cops following me now. You can still easily see into my car. Thanks for any advice!

    David’s Answer

    Yes. Most after market window tint is darker than Pa law allows. If your local police department has a light meter they may as a courtesy to you check the light transmittance to see if you are in compliance. Otherwise you are asking to be pulled over.

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  • I received a speeding ticket in Florida for going 90 in a 70 mph zone?

    What will be better for me to do right now when I came back to Pennsylvania? Can I go to court here or just pay the ticket? Can I go to some traffic school to reduce the fine? Will I receive any points after paying the ticket?

    David’s Answer

    If you have a class C Pa driver's license there are no consequences in PA--EXCEPT if the FLA ticket results in a FLA driver's license suspension, it would have to be fully served and your FLA privileges reinstated or Pa will not renew your license here---best to consult a FLA driver's license attorney first.

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  • If my license was suspended due to not paying a ticket and i didnt have insurance will that disqualify me from ard?

    If it is my first DUI and I have never been arrested before but when I was pulled over I found out my license was suspended from an unpaid ticket would that disqualify me from ard? Also after being released I found out my insurance had lapsed, tho...

    David’s Answer

    ARD eligibility requirements vary from county to county. There are some counties where an invalid or suspended license can preclude you from entering an ARD program. Check with a local DUI attorney in the county where you were charged.

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  • Interlock device will your license remain suspened in till get one installed in your car

    And what if you don't have a car yet

    David’s Answer

    A car does not have to belong to you as long as you have permission to have the ignition interlock device installed and permission to use the car. Not driving during the 1 year period of ignition interlock does not qualify as "credit" towards the ignition interlock requirement.

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  • Must a physician in Pennsylvania report a DUI arrest (without conviction) to the State Medical Board? Employer?

    An arrest for DWI occurred and has not yet gone to trial. There may be a chance at avoiding conviction entirely. Is reporting of the arrest mandatory to the PA Medical Board? Must this be disclosed the employer if asked?

    David’s Answer

    The obligations to an employer are typically outlined in an employee handbook or in a company statement of policy. If you are a contracted employee, review the contract. Certain employers require that arrests be disclosed. If you are uncertain I would check with your human resources department. The obligation to the Pennsylvania State Board of Medical examiners is outlined in their regulations. I would recommend consulting an attorney who has experience with that agency.

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  • When will a citation appear on your record?

    I was not arrested, PA state police said I will receive citation in the mail for public drunkenness and possibly another charge. I will be fighting the charges but am currently accepting an employment opportunity and they are running a background ...

    David’s Answer

    The short answer is if you are at least 18 our court records in Pa are available online for public inspection, even if you have not been convicted. Public drunkenness is a summary offense in Pennsylvania. You have the right to counsel to assist you---would not recommend trying to defend these charges on your own.

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  • I received a traffic ticket for driving with a suspended license In 2013, I did not know my license was suspended

    I actually had a permit and a licensed driver in the car with me (my wife). I did not know that my license was suspended, I missed a payment on a payment arrangement, and penndot decided to suspend my license (well permit I guess) this monday I st...

    David’s Answer

    Under the rules of court pertaining to summary traffic offenses in Pennsylvania, which include the charge of driving under suspension, you have 30 days from your guilty plea to file a summary appeal with the Dauphin County Clerk of Courts office. If you are outside 30 days, the court lacks jurisdiction to hear your appeal. I would recommend you consult with an attorney familiar with Dauphin County as soon as possible. Also, there is a companion requirement that you either file a separate PennDOT appeal from the suspension letter within 30 days of that notice in the county where you reside, or you can serve PennDOT with a time stamped copy of a timely filed summary appeal, and they can delay the imposition of your suspension until the outcome of your summary appeal hearing.

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  • I got an underage DUI in PA, what should I do/what punishments to expect?

    I am 19 years old and got an underage DUI. I did not completely stop at a stop sign and got pulled over. I took the sobriety tests and blew into the breathalyzer, then was taken to the station where I took another more detailed breathalyzer, I ble...

    David’s Answer

    If you have no criminal record and have not been placed on ARD previously for a DUI you may qualify for the ARD program in Lancaster county. Each county has the right to establish its own procedures for applying for that program. I would recommend you obtain counsel immediately so not to jeopardize your ARD eligibility. With the ARD program, as a minor, you would face a suspension of your driving privileges in Pa but there is no jail time involved if you successfully complete the program conditions. Additionally you have the ability to earn both a dismissal and an expungement of the criminal charges

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  • Can an insured driver of a car is insured but they don't own the car they are driving and it is uninsured can they be cited?

    Driver was insured but did not know car she was driving was not insured and she gets in an accident and she is cited for driving an uninsured vehicle. Is there a defense?

    David’s Answer

    The obligation to carry insurance on a vehicle rests with the owner of the vehicle involved. If the driver was not the owner and was cited for 1786 of the Pennsylvania Vehicle code she has a defense. She should hire an attorney to assist her with this.

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  • I received a speeding ticket because I was going 110 MPH on a 65 MPH zone on the Pennsylvania Turnpike. What do I do?

    I was travelling from Allentown to Philadelphia on the PA turnpike on route 476. So I was charged with a $256 fine, under Title 75 - Section 3362 - Subsection A1.1. The officer recommended I go to a hearing for this offence. I have a clean driving...

    David’s Answer

    You cannot be sentenced to jail for the offense of maximum speed limits in Pennsylvania. PennDOT's policy is to suspend anyone convicted at 31 over or higher even if motorist has clean record. You should contact an experienced traffic attorney.

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