Can I appeal my driver license (PA) suspension for an underage drinking as a way to postpone the start of the suspension?

Asked over 1 year ago - Norristown, PA

I received an underage at the end of my spring college semester. It is now summer and just received the notice of suspension. I need to drive for work, summer classes, etc. I am in the process of filing for the OLL, however could I appeal the suspension as a way to postpone the suspension so it does not last my entire summer and instead takes effect when I go back to school in August?

Attorney answers (3)

  1. Christopher M. Patterson

    Contributor Level 14


    Lawyers agree


    Answered . Firstly, you should speak to a lawyer about this case now. If you were found guilty or plead guilty to the minor drinking charge at the office of an MDJ and 30 days has not yet passed from that date you can file a summary appeal in the county (Common Pleas) court. If you were found guilty at the Common Pleas level, and 30 days has not yet passed, you can appeal the conviction to the Superior Court. An experienced lawyer can tell you if you have any bases for appeal. If you file a timely summary appeal to the Common Pleas Court there is a mechanism for delaying imposition of the suspension of your driving privilege without the need to file a license appeal. If the time for appealing your conviction at either level has passed your only recourse is to file a license appeal within 30 days of the mail date on the Notice of Suspension you received from PennDOT. That will delay imposition of the suspension. Unfortunately, it isn't cheap and ultimately has no chance of success unless you can successfully attack the underlying minor drinking conviction. Good luck.

  2. Zachary Cooper

    Contributor Level 13


    Lawyers agree

    Answered . First of all make sure you talk with a an attorney about this and stop posting things on sites like this that anyone can read. If you received a notice from PENNDOT in the mail informing you of a suspension, there should be information included on how to appeal within 30 days of that letter. Again, I would contact am attorney ASAP as it is a time sensitive issue.

  3. Robert C. Keller

    Contributor Level 20


    Lawyers agree

    Answered . You have 30 days from the date of the notice to file an appeal. You should have an attorney file the docs. for you. There is a filing fee. You should have had an attorney from the beginning and attempted not to have a conviction.

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