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License Suspension Procedure in Mercer County

There are generally two primary ways your driver’s license can be suspended within the state of Pennsylvania:

  • By a court order following a specific criminal conviction.
  • By the Pennsylvania Bureau of Motor Vehicles (BMV) through an administrative process.

Several scenarios can trigger either of these actions. Common examples include operating a vehicle under the influence, accumulating more than 12 points on your driving record, or refusing to submit to a chemical test when stopped on suspicion of a DUI. The strategy for contesting the suspension largely depends on whether it was triggered by a criminal conviction or an administrative action.

This entire legal process can be incredibly confusing and stressful for anyone unfamiliar with traffic laws. This is exactly why seeking assistance from a legal professional is critical. At Logue Law Group, you receive the guidance of an experienced attorney to help you navigate and fight your license suspension effectively.

License Revocation by OMBV

Under the following circumstances, your license may be suspended in Pennsylvania:

  • Refusal to take a chemical test after being stopped and arrested for a DUI/OVI.
  • Your Blood Alcohol Concentration (BAC) registers at or above .08% after a lawful stop.
  • Failure to provide proof of auto insurance at the time of a traffic stop.
  • Causing an accident while driving without insurance.
  • Accumulating 12 points on your driver’s license within a two-year period for various traffic violations.

If your license is suspended for any of these reasons, it is considered a civil administrative procedure. Since these suspensions do not stem directly from criminal charges, you will face an Administrative License Suspension (ALS). It is vital to select a Mercer DUI lawyer who deals directly with the BMV to challenge this suspension on your behalf.

Receiving Notice of a License Suspension

You will be served immediate notice of an ALS during a traffic stop. The police officer will confiscate your physical license and provide you with a copy of BMV Form 2255 detailing the suspension. At this point, you must stop driving immediately and contact a legal professional. From your arraignment, you have a 30-day window to appeal to have the suspension dropped. If the suspension is due to accumulating 12 or more points, the BMV will send a letter informing you of the start and end dates of the suspension. You must file an appeal by the start date listed. A Mercer criminal lawyer can help ensure your appeal is filed correctly and on time.

Duration of ALS

The duration of an ALS is categorized from Class F to Class A. A Class F suspension is the most lenient and lasts until specific conditions are met. A Class E suspension typically lasts for 3 months, while a Class A suspension is the most severe, lasting for 3 years. Your prior driving record and suspension history will also be factors in determining the length of the ALS.

Contesting an ALS

You must file an appeal as quickly as possible. Whether your license was suspended during a traffic stop or you received a notification letter, do not waste time before contacting your attorney.

If you receive an ALS from the BMV while also facing criminal charges, your Mercer DUI lawyer will represent you on both the civil and criminal fronts. It is important to note that even after a successful ALS appeal, you might still lose driving privileges due to the criminal charges. However, if the criminal charges are dropped or you are found not guilty, your attorney can work to get your license reinstated immediately.

Limited Driving Rights

Even with a suspended license, it is possible to retain or regain limited driving privileges. After a mandatory “Hard Suspension” period, your attorney can petition the court or the BMV for restricted driving rights. This allows you to drive for essential activities such as work, school, medical appointments, and court-related requirements. A skilled Mercer criminal lawyer can guide you through this petition process.

Connect With Logue Law Group

Reach out to our group so that our capable attorneys can help you fight your license suspension and restore your driving privileges on Pennsylvania roads.Call 412.389.0805 or contact us online to schedule a free consultation with a Mercer DUI lawyer today.

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