IF your driving privilege is suspended only for the unpaid citation, you may get the suspension restored by paying the ticket. That will however, give you the points for the citation. A better alternative is to go to the court and post the fine as a "penalty deposit" and request a trial date. That should restore the driving privilege just as fast, but give you the opportunity to go to court and fight the ticket or at least contend for a PBJ if otherwise eligible and possibly avoid the...
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To add to Mr. Havens response, if the court has ordered the expungement, like many things in life, the job is not done until the paperwork is done. So, in addition to the order of expungement, there should then be "certificates" of compliance from the agencies that may have a record of the matter, and that were hopefully listed on the petition for expungement, to include as a minimum, the police angency(ies) involved, the court, the state's attorney's office and the Maryland State Police.
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The answer is in two parts. If PA suspends your driving privilege Maryland probably will not learn of it unless your Maryland license is due to renew during the period of suspension or if you applied to replace your Maryland license. Be sure to clear any suspension before either of these events in Maryland. If you are convicted in PA and if PA reports the conviction to Maryland, the MVA will send you a notice of intend to revoke your license. Make sure the MVA has a good address for you...
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I agree with the other attorneys that he must be represented by a competent attorney. Perhaps the prosecutor and judge will be cooperative, but with two priors don't count on it - that is not what they're paid to do. Hire an attorney who represents a lot of these matters and is willing and able to fight for him (and your family) if necessary.
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I agree with both Messrs. Oakley and Welch. There are always some defenses to a DUI, even in those that I have represented where a follow on DUI happened before the previous one was even not yet resolved. But it is critical to have a competent attorney through this process. There are options beyond taking the matters to trial separately, including DUI-court and others. Don't wait. Retain an attorney who routinely and competently represents DUIs.
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I agree with the several attorneys who have said that it is wise to retain an attorney. I handle many of these as my office is very close to the courthouse these matters are tried. Every case is different, but many times we have obtained a good outcome, but the matter must be handled properly. To answer your specific questions I would need some additional information. Feel free to call if you like.
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Yes. The "temporary license", which is the form entitled "Officer's Certification and Order of Suspension" permits you to drive with the same privileges that you otherwise have, and is valid until the so-called MVA hearing or for forty-five days. The MVA hearing is rarely scheduled within forty-five days. If you requested the hearing within ten days, the MVA will extend your driving privilege until the hearing date. If you request the hearing after the ten days, but before thirty days, the...
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I agree with Attorney Welch's answer. No good thing can come from your son speaking to the police at this point, and as Mr. Welch said he needs to know to remain silent and not give in to the police's attempts to get him to waive his right to remain silent (e.g. "We just want your version so we can clear this up - if you lawyer up it will only delay things and leave us with no choice"; baloney - don't talk). If a decision is made to charge him, it could well include charges beyond 2nd degree...
The answer depends upon several factors, chief of which is did you receive a PBJ (probation before judgment)? If so, you may be eligible to petition for expungement if no disqualifying matter has occurred. If no PBJ, hopefully you or your attorney filed a motion to modify the sentence so that the court has the option to change the disposition to PBJ in the future. Be aware that if you have a security clearance or are in the military the PBJ/expungemet is not a panacea that makes all well...
An audio recording can be ordered from the district court for $15.00. The court has an order form; you need to know the name of the case, case number and date of trial/hearing. Takes about two weeks to receive. Mr. Portner is correct about the bench conference.