Title 75 Section 1541 (a)(1) mentions no credit for certain violations; however, it doesn't include the mandatory 6-month sentence for PWID/manufacturing (marijuana). So could one receive credit while incarcerated for that? When the judge was asked this at sentencing in court, he emphatically stated "no", he could not surrender his license until he was released from prison. I believe this was an incorrect statement given the statute. If this was an incorrect statement, and it could have been done sooner, are there any remedies for this? Also, if the clerk didn't send the sentencing information within the prescribed 10-day notification, is there any remedy for that? Thank you.
No, you cannot get credit for a license suspension while incarcerated. Regarding the potential clerk error, you may be eligible for an occupational limited license as a remedy, depending upon when the error occurred and if the notification was sent to PennDOT within the prescribed period of time. A defense attorney would be best suited to address this issue for you.
You do not receive credit on a Pennsylvania drivers license suspension for any time served in custody. Also, you typically need the county clerk to certify to PennDOT that you served your incarceration as a condition of license suspension reinstatement. If the suspension is for a DUI or drug conviction, possession or PWID, you also have to prove to the clerk of the county court, through your probation department, completion of the mandated drug and alcohol treatment or assessment and safe driving school. The clerk then notifies PennDOT.
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