3rd Driving Under Suspension

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Latest post Thu, Feb 2 2017 10:34 AM by ca19lawyer2. 4 replies.
  • Wed, Feb 1 2017 5:29 PM

    • Sarah Quinn
      Consumer
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    • Joined on Thu, Apr 25 2013
    • PA
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    3rd Driving Under Suspension

    I received my 3rd driving under suspension citation in the mail. There is no fine listed since, in PA, a 3rd offense requires to be seen by a judge to determine the fine and jail time/house arrest if any. The State Police showed up to a 911 call at an address that was not my home. They assumed I had driven there even though I never told them that I did. When they asked if I drove there I stated "When I thought they wouldn't give me my son back we came here immediately". I never said that I drove there. Also, there was another adult present that could've been the driver as well and he was never questioned. Before the police left I told them that my boyfriend had driven there but they still said I would be receiving the citation and did not ask my boyfriend to confirm that fact. What is my best course of defense in this case? Again, the State Police did not pull me over or witness me driving my vehicle. I have already pled not guilty and am waiting on a response with a scheduled court date.

  • Wed, Feb 1 2017 5:42 PM In reply to

    • DOCAR
      Lawyer
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    • Joined on Sat, Dec 9 2000
    • NV
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    Re: 3rd Driving Under Suspension

    Let the troopers testify to see what they say under oath.  It may be dismissed at that point, but I doubt it.  Then if someone else actually drove you, have them testify.  But if no one drove you, don't have anyone, including yourself commit perjury. Then it is up to the judge. Be advised, he can make the inference that you drove since you did not deny it to the troopers.

  • Thu, Feb 2 2017 7:31 AM In reply to

    • Ford
      Lawyer
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    • Joined on Thu, Mar 16 2000
    • Posts 12,824

    Re: 3rd Driving Under Suspension

    Ask the court to appoint an attorney or hire counsel.  Since jail time is possible, you probably have the right to an attorney.  The attorney will know how to fight the charge.

    In the future, if you are suspended and a cop asks if you drove and you did not, it's best TELL THE TRUTH and say you didn't drive and not give some non-responsive answer that isn't a denial.

    >here was another adult present that could've been the driver as well and he was never questioned

    He COULD HAVE BEEN?  You should KNOW if he was the driver since you were a passenger.

    This has all the marks that you are lying in the hopes of avoiding a charge, which I understand, but it never works well when things get tight.  And turning a misdemeanor into a possible felony is never a good idea.  Perjury is a felony in my state.

     

  • Thu, Feb 2 2017 7:33 AM In reply to

    • Ford
      Lawyer
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    • Joined on Thu, Mar 16 2000
    • Posts 12,824

    Re: 3rd Driving Under Suspension

    Sarah Quinn:
    Again, the State Police did not pull me over or witness me driving my vehicle.

    The police almost never have to witness the actual crime, or murder would never get prosecuted.  The state just has to put together a chain of evidence that a jury will believe beyond a reasonable doubt.

    In my state, if you can reinstate your license before court, prosecutors and judges love to see that and they will cut you a break.  In my state the first driving while suspended in a misdemeanor crime and has mandatory jail, and it just gets worse after that.  Your state has different law, but maybe they'd redude to that traffic violation that a 1st or 2nd would be.

  • Thu, Feb 2 2017 10:34 AM In reply to

    Re: 3rd Driving Under Suspension

    Sarah Quinn:
    What is my best course of defense in this case?

    Hire the best attorney you can afford or, if you cannot afford an attorney, ask to have a public defender appointed.

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