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I was arrested two nights ago for dui. They didnt take my license away from me or give me any papers.

Jersey Shore, PA |

Im not sure if i have my license at the moment or not. They literally didnt tell much of anything. Is this normal in PA?

Attorney Answers 5

Posted

This is normal procedure in PA. The police are probably waiting on the results from the blood test to determine your actual blood alcohol level, and the police would then file charges accordingly. The charges are generally mailed to you, and you are then scheduled to appear for a preliminary hearing. Your driving privileges are valid and will remain valid until something happens with your case. Driving privileges may be suspended in the future if you accept ARD, plead guilty or are convicted. You will probably receive the charges in the mail in the next 2-4 weeks, and your hearing will probably be scheduled to occur 2-4 weeks after the paperwork is filed. After you receive the paperwork, you should contact a DUI defense attorney in your area to review your case.

Jason S. Dunkle, Esquire
D & H Law Group, P.C.
State College, PA 16801

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3 comments

Asker

Posted

One more question. I also recieved a dui in ohio in 2007 when i was 17. Ive since had it expunged, will that still show on my record? And will this dui count as a second offense

Jason S Dunkle

Jason S Dunkle

Posted

Ironically, I had a similar issue arise yesterday in a DUI sentencing proceeding. Some offenses do show on records, some do not. When you receive the charges in the mail, you will be charged as a first time offender. Everyone is charged that way. Later on in the process, the DA files a different charging document that changes the grading of the offense based upon "prior offenses." If the DA is aware and can prove the "prior offense" in Ohio, then the DA is likely to treat this current offense as a 2nd. You should NOT talk to anyone but a defense attorney about the prior offense. If the police or DA are aware of the prior, they may go looking for it. It is also possible that it will appear on records, so they may find it. In my case, the DA has only found a reference on my client's PA driving record about a NJ conviction, but they cannot find the actual NJ records. When you get the charges, all a defense attorney in your area to review the paperwork. George Lepley is a good defense attorney in Williamsport.

Asker

Posted

Thanks a bunch for all your help. I will try contacting george lepley as soon as i get my charges in the mail.

Posted

Yes, you will receive a summons in the mail within 3 weeks or so to appear in District Court for your Preliminary Hearing. If your license gets suspended it will not happen until after the case is over.
You should call a local defense attorney for a consultation.
Good luck

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Posted

First, you can be sent a notice to appear in the mail. Watch for it. Make sure your driver's license had your correct address. If you do not get the notice and do not go to court, a warrant will be issued for your arrest. You should look into hiring a DUI attorney. Not only can they start preparing for the case, but, they can probably also monitor whether a case has been filed or not.

Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice. If you wish specific help in any criminal case in San Diego, contact www.sandiegodefenders.com for a free consultation. For help with any criminal case in Los Angeles County or the surrounding areas contact www.dslosangelescriminallawyer.com

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Posted

Yes, this is completely normal if it happened outside of Philadelphia. You will definitely receive a summons in the mail. Make sure you hire an attorney who is familiar with the effect a PA DUI will have on your NJ driving privileges.

John M Walsh
Law Office of John M Walsh
2101 Pine St
Philadelphia, PA 19103
215-758-9200

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Posted

Your license has been given back because you have not yet been convicted of a crime. Even if charges have been or will be filed, you will not have your license suspension until you have both been found guilty and been sentenced. Found out how to prevent this by contacting an attorney.

Michael L. Doyle
(215) 735-5900

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