On October 19 2017 He was pulled over for turning on red, he got charged with driving under suspension (when he didn't even know it was suspended) and a bunch of their charges as well. His friend paid the turning on red ticket thinking that in good graces it would help him but didn't because it was paid the rest were guilty please as well. and November 8 2017 is when he recieved letter stating he had a suspended license.
You should contact a local traffic attorney. You may be able to file a late appeal. Depending on the reason for the original suspension and whether or not that has been taken care of, you may be able to negotiate a different charge that would not carry any further license suspension.
In the future, you should never plead guilty to citations until you’ve spoken with an attorney and know what the penalties will be for that guilty plea.
The general rule is that an appeal from a District Court's ruling must be filed within thirty (30) days. To challenge the District Court's rulings now, your boyfriend most likely will need to file an appeal Nunc Pro Tunc. If this type of appeal is filed, the Court of Common Pleas will address whether the appeal should be permitted. To reach this decision, the Court will determine whether his right to appeal was denied because of extraordinary circumstances not of his own wrongdoing. It is going to be more difficult considering there is a substantial delay between November 2017 to October 2018.
If the Court permits an untimely appeal, the main question will be whether your boyfriend had actual notice of the suspension. At a summary appeal, it will be a trial de novo (new trial - the Court will not consider what happened at the District Court). During that hearing, the Commonwealth will need to prove that boyfriend had actual notice of suspension in order to convict of driving while under suspension. It is during that hearing, that he could provide the document showing that he did not receive his suspension notice until November 8, 2017.
Legal disclaimer: Please note: Robert Cronin is licensed to practice law in Pennsylvania. Nothing in this article is to be taken as legal advice. No communication between Robert Cronin and readers of this article is to be inferred to cause an attorney client relationship. If you require legal assistance please contact an attorney who is licensed in your jurisdiction and knowledgeable in the area of law in which you require help.
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