How do u know if u got a misdemeanor or a summary offense in a traffic violation in pa

DUIs are not summary offenses. A second dui is mandatory jail. It is anywhere from a few days to a 30 day mandatory depending upon the BAC level. You will also recieve probation. You need to contact an attorney.

DUI is never a summary offense and it is very common to receive the paperwork and charges in the mail. It is very likely you will be spending some time in jail. Depending on whether your county has a second offender program you may see a weekend or maybe even a month. Then you will be placed on probation, likely for 18 months to 2 years. This is going to be an expensive mistake. Gather up some money because usually the more you have up front the better probation/jail deals you can receive sometimes. By that I mean that sometimes fast payment in full of the fines and costs means you can end the programs earlier than otherwise. Also get a good attorney because they may even be able to save you some money and jail time in long run.

A DUI-DUS charge under 1543(b)(1) is a summary offense regardless of the number of prior offenses and is punishable by a sentence of not less than 60 days but not more than 90 days and a $500.00 fine. The sentence if a flat sentence, meaning no probation. Police can mail summary offense citations, so the rumor that you heard that misdemeanor offenses are mailed in not completely true. Most misdemeanor offenses are mailed and issued via the filing of a complaint, but some summary citations are also filed and then mailed. If the charge were a 1543(b)(1.1) AND this were a second offense, then it would be graded as a misdemeanor of the third degree. However, as the citation appears to only allege a violation of 1543(b)(1), then your current offense is only a summary and cannot be increased to a misdemeanor. Since it is a summary offense, the first hearing would be before the magisterial district judge. The case should only go to the "big court", meaning the Court of Common Pleas, if you filed an appeal. Jason S. Dunkle, Esquire D & H Law Group, P.C. State College, PA 16801

Mr. Dunkle's answer is best & accurate in discussing driving on a suspended license due to a prior DUI conviction. Just an additional point or two, don't worry so much about what's a summary & a misdemeanor. Rather, focus on the MANDATORY jail time that you're facing. While this is a traffic citation, it not only calls for jail time but the judge has no discretion but to sentence you to 60 or 90 days in jail if convicted. So, you need a lawyer experienced in both traffic court and criminal court to Andre this matter. You're also facing additional license suspension if found guilty. I do not recommend sending in a guilty plea via mail as you are essentially sending yourself to jail. Hire a lawyer and fight this case to do all you can to maintain your freedom. This is a case that if you lose in the "little" magistrate court, you should appeal to the "big" common pleas court be ause you get "two bites at the apple" and don't have much to lose. Unless of course you can resolve it with a p,ea to 1543(a), which carries no jail time at the magistrate level. But, these cases are, for all intents and purposes, criminal matters. And, judges, in my experience, don't like people convicted of a DUI out there driving while there licenses are still suspended from that DUI. At the same time, judges don't like to send someone to jail merely for a traffic offenses. So, a local lawyer should be hired to do all they can to fight for you to avoid the jail time. If you get additional suspension time and have to a fine, I'm sure you'll still be happy if your lawyer keeps you out of jail. If you must go to jail a d you work during the week, you may want to have your lawyer ask if you can serve the sentence on consecutive weekends. Or, depending on the county, see if the sentence can be served on home electronic monitoring or even in an in-patient drug and alcohol facility. Both are better than jail. You appear to be familiar with the law, but I've added a link below to the statutory language of 1543(b). Best of luck. If I can be of further assistance, do not hesitate to contact me. Brian Fishman [email protected] PhillyCriminalDefense.blogspot.com www.NennerLaw.com