IF THE CLERK OF COURTS FILED MY DUI/ARD WITH AN ERROR CODE 3807 FOR 3807D AS AN ERROR CAN IT BE APPEALED AND VACATED?

Asked over 1 year ago - Norristown, PA

i RECEIVED NOTICE FROM PENNDOT FOR A 90 DAY SUSPENSION WHILE IT WAS SUPPOSE TO BE A 60 DAY SUSPENSION ALONG WITH THE ARD PROGRAM. IF AN ERROR WAS MADE CAN THIS CONVICTION BE VACATED?

Attorney answers (4)

  1. Forest Dean Morgan

    Contributor Level 17

    3

    Lawyers agree

    Answered . This is likely a clerical error that can be corrected at the Clerk's Office. This happens quite often.

    If you had an attorney, notify him/her of the error and ask that he/she contact the clerk and get it corrected.

  2. Zachary Cooper

    Contributor Level 13

    2

    Lawyers agree

    Answered . You should talk with your attorney immediately about this so it can be corrected. If you were admitted onto ARD you would not be trying to overturn a conviction because you have not been convicted of anything on ARD. This is an issue where time is of the essence since your talking about a suspension that has already begun and even more reason to contact and sit down with an attorney to discuss your options.

  3. Theodore H. Swan Jr.

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Mr. Morgan and Mr. Cooper are correct. Clerical errors happen frequently. Typically, they can be corrected by the Clerk of Courts but you should have your attorney (if you had one) contact the person in the Clerk's office who does the PennDot transmittals. If you did not have an attornery for your ARD, retain one now.

  4. Eric D. Strand

    Contributor Level 11

    Answered . No. First, you were admitted to ARD, which is not a conviction (one of the benefits of ARD is that the charges are dropped if you complete the ARD Program, so there is NO conviction). Second, even if you were not in the ARD Program a clerical error is not a basis for overturning a conviction; at most is presents a situation for petitioning the court to correct or modify the sentence and/or court order. As the other attorneys have advised, in your situation the error should be resolved by contacting the clerk of court's office -- obviously, you need to do this asap, as your suspension has started. Good luck.

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