Erie Law Firm - Driving While Suspended

Driving While Suspended in Erie PA

When people think of traffic offenses the focus normally turns to fines and points on one’s license. This is not the case when it comes to Driving While Suspended in Erie PA. In certain circumstances that charge can reach much further into an individual’s life. Reason being is that offense, if certain triggers apply, can call for incarceration or significant further suspensions of your operating privileges.

Things can get out of hand quickly, and if incarceration or significant additional suspensions are on the table, this seemingly minor traffic offense can become a big deal.

What is the Commonwealth saying you did if you are charged with Driving While Suspended?

In essence, they are saying you drove a motor vehicle on a highway or trafficway after your license was suspended, revoked or cancelled. In light of that, under what circumstances can this charge lead to really significant issues for you?

The charge can lead to jail time or incarceration when the suspension was the result of a conviction or acceptance into ARD for the offense of Driving Under the Influence
The charge can lead to significant suspensions or even the risk of jail time or incarceration if you are a habitual offender, meaning someone who has a number of previous convictions for Driving While Suspended

What should you expect when facing a charge of Driving While Suspended?

You have numerous opportunities with an experienced attorney to get a good outcome with regards to these charges. Why?

First and foremost, you will have the opportunity to negotiate with law enforcement prior to the hearing. If negotiations fail to achieve the resolution you desire, the next step is through a hearing in front of a District Court Judge. In that hearing your attorney will be tasked with showing the District Judge that either the law enforcement officer can’t be believed, or in some instances, even if he or she is believed, the conduct doesn’t rise to the level to allow you to be convicted of the offense.

Generally, it is much more likely that your attorney will be able to negotiate the resolution you desire than win in a hearing. Much of the evidence in a hearing of that nature is paper and date based. If they have the right paperwork, it is likely you will be found guilty unless there are unusual factual circumstances.

In the remaining cases, should you be found guilty of the offense after a hearing, you have the option of appealing the case to the Court of Common Pleas. At that hearing, the same basic situation applies. Your attorney will try to negotiate prior to the hearing, and if that fails, a hearing can be held.

The difference at that hearing is that your attorney will negotiate with a member of the District Attorney’s Office and the hearing, if necessary, will be before a Common Pleas Court Judge. The bottom line is that, although and attorney can never make any promises, there are a number of opportunities to acquire a desired resolution of the case. And, in many cases a positive outcome is actually likely so long as you are not a habitual offender.

The County in which you were charged will make a difference. Why?

As a general rule, the more rural the county the more harshly they will view any charge, including Driving While Suspended. This dynamic in and of itself can significantly increase the likelihood that they will be unwilling to negotiate and that you will need to win the case through a contested hearing.

Your prior record can be a big factor when making an initial determination of the likely outcome in your case. Why?

Even though a Driving While Suspended charge is often viewed as a relatively minor offense, it can get more difficult if you have a record which indicates you’ve done this type of thing before. For example, if a law enforcement officer sees that you have been charged with Driving While Suspended numerous times, it may lead him or her to conclude you haven’t learned your lesson. In those situations it is much less likely they will be willing to resolve the case through negotiation.

As one might expect, this is not an exhaustive list of the things you should be aware of as you navigate through the judicial system with a Driving While Suspended charge in Erie PA. However, it’s a good start.

Criminal Law