Chester County DUI Lawyer Michelle Fioravanti

Law Offices of

Michelle A. Fioravanti,

P.C.

Call Us Today at

484-876-1543

Driving Under Suspension

In Pennsylvania, driving with a suspended license is a serious traffic crime. The fines and penalties are harsh: you can be sentenced to a maximum of 90 days in jail and directed to pay expensive fines. You will receive at least another year suspension of your driver’s license.

Chester County Driving With a Suspended License Lawyer

Driving Under Suspension Lawyer in Chester, Montgomery, Philadelphia, Delaware, Lancaster, Berks and Bucks County Pennsylvania

You should hire an experienced driver’s license suspension and criminal defense lawyer to fight for your rights. As a former Assistant District Attorney for the City of Philadelphia and PennDOT lawyer for the Commonwealth of Pennsylvania, I have extensive experience litigating driving under suspension cases.

Call the Law Offices of Michelle A. Fioravanti at 484-876-1543 or contact us for a free consultation about your case.

Below are relevant portions of the Pennsylvania Vehicle Code defining the offense of Driving Under Suspension:

§ 1543 Driving while operating privilege is suspended or revoked

(a) Offense defined.–Except as provided in subsection (b), any person who drives a motor vehicle on any highway or trafficway of this Commonwealth after the commencement of a suspension, revocation or cancellation of the operating privilege and before the operating privilege has been restored is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $200.

(b) Certain offenses.

(1) A person who drives a motor vehicle on a highway or trafficway of this Commonwealth at a time when the person’s operating privilege is suspended or revoked as a condition of acceptance of Accelerated Rehabilitative Disposition for a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) or the former section 3731, because of a violation of section 1547(b)(1) (relating to suspension for refusal) or 3802 or former section 3731 or is suspended under section 1581 (relating to Driver’s License Compact) for an offense substantially similar to a violation of section 3802 or former section 3731 shall, upon conviction, be guilty of a summary offense and shall be sentenced to pay a fine of $500 and to undergo imprisonment for a period of not less than 60 days nor more than 90 days.

(1.1) (i) A person who has an amount of alcohol by weight in his blood that is equal to or greater than .02% at the time of testing or who at the time of testing has in his blood any amount of a Schedule I or nonprescribed schedule II or III controlled substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or its metabolite and who drives a motor vehicle on any highway or trafficway of this Commonwealth at a time when the person’s operating privilege is suspended or revoked as a condition of acceptance of Accelerated Rehabilitative Disposition for a violation of section 3802 or former section 3731 or because of a violation of section 1547(b)(1) or 3802 or former section 3731 or is suspended under section 1581 for an offense substantially similar to a violation of section 3802 or former section 3731 shall, upon a first conviction, be guilty of a summary offense and shall be sentenced to pay a fine of $1,000 and to undergo imprisonment for a period of not less than 90 days.

(ii) A second violation of this paragraph shall constitute a misdemeanor of the third degree, and upon conviction thereof the person shall be sentenced to pay a fine of $2,500 and to undergo imprisonment for not less than six months.

(iii) A third or subsequent violation of this paragraph shall constitute a misdemeanor of the first degree, and upon conviction thereof the person shall be sentenced to pay a fine of $5,000 and to undergo imprisonment for not less than two years.

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