If you are convicted of driving in Pennsylvania while your driving privileges are suspended or revoked, or with a suspended license, you could face potentially harsh penalties that may include additional suspension periods, jail time and/or fines.
If you have been charged with one or more offenses for operating a vehicle while your driving privileges were revoked, it is important to hire an experienced traffic attorney who can help you find the best defense for your violation. Your driving without a license offense may have resulted from an underlying criminal charge or too many points on Pennsylvania’s driving point system that caused your license to be suspended. An attorney can help you resolve the underlying charge and reinstate your license.
If you have been charged with driving with a suspended or revoked license in Chester County or Delaware County, PA, contact an experienced criminal defense attorney who will make every effort to help you avoid the most serious punishments and repercussions. Michael J. Skinner of the Skinner Law Firm is a former prosecutor who is knowledgeable in Pennsylvania’s traffic laws and will fight the allegations against you. Call (610) 436-1410 for a consultation about your alleged offense today.
According to 75 Pa. Cons. Stat. § 1543, a person can be charged with driving while operating privilege is suspended or revoked if they:
All of the preceding elements are required for an individual to be convicted of a charge of driving while license or privilege to drive is suspended. Anyone who violates this statute can face severe punishments.
The individual alleged to be operating a motor vehicle on a Pennsylvania highway or traffic way must have actual physical control (APC) of the car. If the individual did not have APC of the vehicle, then they were not operating the vehicle and may be able to avoid a conviction for this offense. Actual physical control is commonly defined as the individual was in or near the vehicle and they had the ability to operate it.
Additionally, if the individual was not charged with driving while privileges were suspended on a Pennsylvania highway or traffic way, they may be able to avoid a conviction for this offense. All of the elements of this offense are required to be proven by the prosecution beyond a reasonable doubt. If not all of the elements have been satisfied, the charges may be dismissed.
There are several reasons a person’s driver’s license may be suspended in West Chester, Pennsylvania. A few common reasons for a suspension of driving privileges can include:
A driving, while operating privilege has been suspended or revoked, is generally a summary offense and requires a payment of a fine for $200.
A driving while operating privilege has been suspended or revoked due to a condition of Accelerated Rehabilitative Disposition (ARD) for DUI, refusal to submit to chemical alcohol testing, or Driver’s License Compact, is a summary offense and requires a payment of a fine up to $500 and imprisonment for 60 to 90 days.
A driving while operating privilege has been suspended or revoked offense:
is a summary offense for the first time, and is punishable by a fine up to $1,000 and imprisonment not less than 90 days. A second violation is a misdemeanor of the third degree and can result in imprisonment not less than six months and a fine of $2,500. A third or subsequent violation is a misdemeanor of the first degree and can result in imprisonment for two years or more and a fine of $5,000.
Drivers who are charged with any of these offenses can also receive an additional suspension of their operating privileges from one to two years.
Contact the Skinner Law Firm today for a consultation about your alleged driving offense in Chester County or Delaware County, Pennsylvania. Michael J. Skinner is an experienced West Chester traffic crimes lawyer who will listen to the facts of your particular situation, and help you identify any defenses or mitigating circumstances to your charge in order to have your charges reduced or even dismissed. Call (610) 436-1410 to discuss your case and learn how our team can help get you back on the road.