i physically lost my pa drivers license and have to get a new one and there is a space to check if I have been convicted or citited (in this state or any other) for an offense that could suspend my driving priviges. I know I have to answer the question honestly but am now afraid that my license will always be suspened in pa and md
While I practice in NJ, not PA, I can answer your question in regards to at least several of your concerns, which should be confirmed by you discussing this in person with an experienced criminal defense lawyer who is admitted to practice in PA.
Under the Interstate Compact, when you have an out-of-state conviction (for example in MD) it will be reported to your home state's motor vehicle agency. I believe that PA has a least a partial 'forgiveness' for out-of-state DWI convictions, which I believe can result in you having the use of your DL even after conviction in MD so long as you meet the conditions imposed by the PA statute. Talk to the PA lawyer, confirm this, then deal with your PA MV agency and the issue of getting your license re-issued.
On the issue of being truthful and honest in what you say to the PA MV agency, you are absolutely required to be candid and truthful, as anything else could result in a criminal prosecution. Talk to the PA lawyer as soon as possible.
DISCLAIMER
This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is critical to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions.
Short answer: no fear if nothing else but out-of-state first ever conviction
**Please see the below for definition of offense and conviction**
Non-Commercial Driver’s License holder:
1st offense out-of-state within 10 years and non-CDL=no sanctions
2nd or subsequent offense out-of-state within 10 years and non-CDL=12 m loss of license if reported to PennDOT (but see important notes below)
Commercial Driver’s License holder (upon report of out-of-state offense): **Please see the below for definition of offense and conviction**
1st offense within 10 years and CDL holder=1 year disqualification of CDL and they will have to surrender CDL, but they would be immediately eligible for a non-commercial driver’s license (e.g., person holds valid PA CDL and receives a 2008 out-of-state conviction, no priors)
2nd or subsequent offense outside of 10 years with the priors in personal vehicle prior to September 2005 and CDL holder= PA follows 49 CFR 383.51(b), so, 1 year disqualification of CDL and they will have to surrender CDL, but they would be immediately eligible for a non-commercial driver’s license from day one. (e.g., person holds valid PA CDL and had a 1992 conviction for events in a personal vehicle and receives a 2008 out-of-state conviction)
2nd or subsequent offense with the priors in personal vehicle prior to September 2005, but still within 10 years and CDL holder=1 year loss of non-commercial driver’s license and a consecutive one year disqualification of CDL. (e.g., person holds a valid PA CDL and had a 2003 conviction for events in a personal vehicle and receives a 2008 out-of-state conviction)
2nd or subsequent offense within 10 years with the priors even if they are in personal vehicle after September 2005 and CDL holder=true lifetime CDL ban (PA does not follow the 10 year reinstatement) and loss of non-commercial driver’s license for 1 year. (e.g., person holds a valid PA CDL and had a 2006 conviction regardless of the type of vehicle and receives a 2008 out-of-state conviction)
Not well publicized, but PennDOT should take the approach that is consistent with statutory authority for a Pennsylvania license holder with a true first offense lifetime foreign state conviction as reported by DLC/NDR, the Department notes it (as in it is on your 10 year certified driving record), but takes no action. So no suspension. Since 2004, Pennsylvania has a 10 year look back period for incremental sentencing for recidivists of DUI for PA convictions or substantial similar convictions out-of-state and as to interlock. 75 Pa.C.S. § 3804(e)(2)(iv)(B) states that for purposes of out-of-state convictions, all out-of-state 1st DUI’s will be "presumed" as if the conviction was in Pennsylvania under 3802(a)(2) (i.e., BAC between 0.08% and 0.99% which carries no suspension). This was the legislature’s way of stating no suspensions for first offenses that take place out-of-state for motorists with a clean DUI record.
Pennsylvania actions are based upon a conviction (which includes a pre-trial diversionary program-like Maryland’s PBJ-B), but not so (as in no actionable suspension) with the functional equivalent of a Probation without verdict. No suspension results when a PWV. Check with me to see if your state has been adjudicated as substantially similar to a PWV or it counts as a conviction. As mentioned a Pre-trial diversionary program would count as a conviction per 75 PS 3804-3806 for purposes of the look back for incremental recidivist sentencing. There is no administrative suspension based upon simply being charged. The only type of suspension that is independent of conviction is a refusal to submit to demand for chemical testing.
