Retain a NY criminal defense attorney for the DUI. In regard to the Implications to your PA license,if NY notifies Pa of its actions and if Pa chooses to suspend, then you should retain Pa attorney to appeal the suspension. Right now it is pure speculation as to what may occur.
As my colleagues have suggested, a New York attorney should be consulted first as your operating restrictions will likely be subject to a New York law. The second stepo would be to seek clarification from Penn Dot. Please note, the driver’s license compact is not the only legal principle that would mold a Pennsylvania restriction to a foreign judgment; the full faith & credit clause of the Constitution would likewise require Pennsylvania to honor a New York judgment. Additionally, Penn Dot's choice to honor (or not honor) another state's suspension was historically discretionary. Recently, the Department of Homeland Security has been pressuring states to honor any suspension issued in another state as part of its crackdown on license verifications.
Stew Crawford, Jr., Esq.
Crawford Law Firm
A Full Service Law Firm Serving New Jersey & Pennsylvania
223 North Monroe Street
Media, Pennsylvania 19063 (Philadelphia Area)
All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.
With regard to the suspension of PA driving privileges, check out 75 Pa.C.S. 3804(e)(2)(iv), which provides that PennDOT treats out-of-state DUIs that are substantially similar as a PA DUI as if the person had been convicted of 3802(a)(2). This means that a person with no "prior offense" of DUI, meaning a DUI conviction within 10 years of the date of the offensive conduct on the new DUI, would NOT have a suspension. If you have a "prior offense" of DUI, then a 3802(a)(2) conviction would result in a 1 year suspension. The summary Q & A that you posted is in accordance with 3804(e).
Jason S. Dunkle, Esquire
JD Law, P.C.
State College, PA 16801
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