Oct 22, 2010

You can go to jail for driving under suspension in PA

Yes, it's true you can go to jail for driving under suspension or driving without a license. Most judges take this violation seriously and actually have little to no choice if you are charged with violations of section 6503a or 6503b to assign jail time.

The minimum jail time required by violating 1543a for the 6th time or more is 30 days and can not be more than 6 months. Yup, 6 months of hard time for driving with a suspended license. Most people that I explain this very law to are shocked to hear that driving suspended can lead to jail time so I have copied the statue below. You may think that getting hit with driving under suspension six times seems hard to do....but let me tell you the story of Michael;

Mike was hit with a suspended license after getting a reckless driving charge for spinning his wheels on the street. He paid the ticket and went about his life. He never realized his license was going to be suspended, but a reckless driving charge was going to suspend his license for 6 months as the penalty of the violation. He got stopped a month later after finding out he was going to be a father for speeding home from work. He was givin a driving under suspension ticket as well as his speeding ticket and went to pay them the same day. The officer who pulled him over watched him drive to work for the next few weeks and wrote him 5 more tickets for driving under suspension....all were mailed to him. Mike only needed to drive to work to support his newly formed family, and he was trying to figure out what to do about his suspended license. Ultimately Mike had a hearing for the first driving under suspension charge and that is where he found out about the other 5 tickets he had waiting for him. That was a total of 6 violations and the judge found him guilty and he was hit with violating 6503a. A normal guy who should have been punished for his errant driving ended up serving jail time and being hit with over 6 years of suspension time.

The statute that allow jail time for multiple driving under suspension violations;

§ 6503.  Subsequent convictions of certain offenses.
(a)  General offenses.--Every person convicted of a second or
subsequent violation of any of the following provisions shall be
sentenced to pay a fine of not less than $200 nor more than
$1,000 or to imprisonment for not more than six months, or both:
Section 1543(a) (relating to driving while operating
privilege is suspended or revoked) except as set forth in
subsection (a.1).
Section 3367 (relating to racing on highways).
Section 3733 (relating to fleeing or attempting to elude
police officer).
Section 3734 (relating to driving without lights to avoid
identification or arrest).
Section 3748 (relating to false reports).
(a.1)  Certain repeat offenses.--A person convicted of a
sixth or subsequent offense under section 1543(a) shall be
sentenced to pay a fine of not less than $1,000 and to
imprisonment for not less than 30 days but not more than six
months.
(b)  Driving without a license.--Every person convicted of a
second or subsequent violation of section 1501(a) (relating to
drivers required to be licensed) within seven years of the date
of commission of the offense preceding the offense for which
sentence is to be imposed shall be sentenced to pay a fine of
not less than $200 nor more than $1,000 or to imprisonment for
not more than six months, or both.
(July 9, 1986, P.L.544, No.96, eff. 60 days; Dec. 21, 1998,
P.L.1126, No.151, eff. 60 days; Oct. 4, 2002, P.L.845, No.123,
eff. 60 days)

27 comments:

Anonymous said...

this is absolutely horrible. Someone should have told him his lisence was suspended.

Anonymous said...

This is horrible. I got a huge ticket but couldn't pay it for violations, I had a license but couldn't pay the $756 ticket. I didn't know I was suspended. In all my years I never was stopped by police but it's been harrowing. I can't work, I didn't speed, or do anything bad just trying to pay the ticket down.....it just snowballed.
They should change this law it is not like I was driving drunk or reckless. It was about a huge bunch of tickets from three years ago.

License Guy said...

I agree that there should be some relief if your license is suspended due to financial reasons. The Pennsylvania Work License is an option, but it would require a change in the law to allow people like you with a suspended pa license to continue driving just for work so you can continue to pay the money owed.

Anonymous said...

I just got my life together for two year now. Ia charge from 2005 came up for driving under sup. Lisence and they are giving me 60 days in jail

Anonymous said...

The PA laws regarding suspendable drivers licensing infractions is a simply put a catch 22. An officers ability to ticket a person without any contact and the states lack of timely and open communication with its customers is absurd to say the least. This method of doing business should and needs to cease as it is an insult to the rights of hard working individuals that attempts to humbly provide basic needs (food, shelter, and a way to pay for these bare necessities) for themselves and family! Why would anyone want to live under that kind of rule and control over ones life (#fascist dictatorship)???? UNBELIEVABLE

Anonymous said...

well, it happened to us! three suspensions for nothing other than officers in pa. stalk, harass, and stop you at their most wonderful time!!!!!!WHEN YOU ARE ALONE!!! NO WITNESSES OR BYSTANDERS. THE POLICE THINK THEY HAVE IT ALL FIGURED OUT! NO......WE DO!!!! NEVER DRIVE ALONE, OR WITHOUT A POPULATED AREA SHOULD YOU STOP FOR AN OFFICER.....YOU NEED WITNESES FOR COURT......WELL, I ACTUALLY BELIEVE THAT IF OFFICERS WANT YOU OFF THE ROAD BADLY ENOUGH THEY WILL HIRE SOMEONE TO KNOCK OUT YOUR BRAKE LIGHTS OR HEADLIGHTS......BEWARE!!!!

Anonymous said...

Police and lawmakers are preying on good people to oppress them and hold their wallets and families hostage by lieing in court and harassing to get money to make sure their pensions are well cushioned while we slave with no pensions so they can live on easy street after we have worked our whole life til the day we die while their on the golf course this country has to many chicken shit laws to punish you because of your financial situation

Anonymous said...

I know someone who is on his 13 driving under sup. well it just now being brought up that this is his 13 one and now there trying to place him in jail for 60 days.what should this person do?

Anonymous said...

I know someone who is on his 13 driving under sup. well it just now being brought up that this is his 13 one and now there trying to place him in jail for 60 days.what should this person do?

License Restoration said...

Get help right away! http://LicenseRestoration.com deals only with license suspension and should be able to help get him in the right direction.

Anonymous said...

Can I do jail time for a third offensive, well a friend was driving my car and a lady broke suddenly while she was turning and my car bumped her bumper leaving a dent. She didn't call the cops all she asked for was name and number. Bc it was my car and not my friends I gave my name and number. I told her I pay to get it fixed bc I knew someone who could fix it. I didn't have anything to write on except an old receipt from when I got my oil changed. She told me she would call me so we could talk. I get a call much later from my old insurance asking about it and if I had an active policy with them I said no I have some one else and he said I will let them know. I took the blame bc it was my car but I wasn't driving bc my license is suspended. Could I still get fined for this?

thinktank said...

What balls the commonwealth has they suspended my lic for a year (dui) then abther the year they reinstated it for 18 months that's 2 1/2 years, got a notice that my time was finished then a notice my wife opened when I saw it I just read the main portion Dear Mr sonso you can now drive within a week I get pulled over for a left turn and they say I was suspended I showed the cop the notice of reinstatement and he reads the age here it was my son notice. Long story short in court the judge believes me the cop believes even the prosecutor believed me but I get 60 days anyway the judge had the balls to say he dishes out justice jail time for a simple misreading of a notice that's not justice! vote em all out

Salem Mission Team said...

My license was/is suspended for 2 years because I was 2 days late paying a fine and in Pa that results in a automatic suspension of your license.and an additional fee of $25 to reinstate. Did not know of this nice little adder. Paid fine next day and it then hit the fan $4,000 in fines and legal fees I still cant drive.
Police,District court and penndot are all corrupt.

Anonymous said...

I was arrested for DUI in PA in Nov. 2006 for the first time. I ended up being charged with a 2nd offense because I was pulled over in NY at the age of 18 with a .03 BAC 7 years before. NY didn't even charge me with a DUI! After a 1 1/2 year license suspension I called Penn DOT and told them I lost my job and can't afford an ignition interlock system to be installed in my vehicle. The rep told me to not worry and I can just take an additional year suspension and assured me I would have my license back a year later. A year later I called them up and they said they were still waiting for me to get my ignition interlock system and sorry I was misinformed. When I explained I no longer even owned a vehicle, they inform me then I can actually take an additional year license suspension after I write a letter saying I don't own a vehicle. They made me serve yet another year license suspension. I ended up having almost a total of a 4 year license suspension for what really was my first offense DUI. Good times!

Unknown said...

WE ALL CAN SIT HERE N VOICE OUR PAIN. BUT WHAT HAS TO BE DONE IS WE NEED TO START FORUM CALLED LIC.SUSPEND SO THAT WE CAN GATHER DATA AND ON THIS MATTER N ALSO DEMONSTRATE WITHOUT LETTING THEM KNOW HERE WE COME N PUT THIS MATTER INTO THE MEDIA AND GET SOME ACTION. BUT U DUIs cam not participate my son was killed by a drink driver. But for those of us that support ourselves n family n need our drivers license to do so. My license was suspended for one which turned into two years because the officer who conficated my license at the time never turned it in which he said. I'm 58 years young n never ever had a dwi dui or for that matter a direct driving voilation yes all are parking ticket I got when 1st moved to philly. This city as well as this county has gone to shit.AND THAT BIT ABOUT WE THE PEOPLE HAS NO MERIT, ITS WE THE FREE SALVES WHITE,BLACK YELLOW OR GREEN. I GUESS THE WEAPONS OF MASS DESTRUCTION R USED ON THE MASSES WITHOUT A DROP OF GUN POWDER.THERE CLOSING SCHOOLS N BUILDING JAILS CHECK THE JAIL BUDGET N SEE WHEN WAS THE LAST TIME THEY CUT THAT N NO CRIME HAS NOT REALLY DRASTICAL,Y INCREASED PRISONS FOR PROFIT HAS.MODERN DAY SLAVERY ON THE JOB MARKET AS WELL. WAKE UP AMERICA YA MINDS EYE HAVE BEEN CLOSED TO LONG N THE CHILDREN OF TOMMOROW R NOT PERPARED AS WELL AS THE PARENTS OF TODAY R. THINK ABOUT IT N LEAVE YOUR EMOTIONS AT THE DOOR FOOL!GREEDOM INSTEAD OF FREEDOM!KIDS CANT BY A BEER BUT THEY CAN GO TO WAR!

Unknown said...

WE ALL CAN SIT HERE N VOICE OUR PAIN. BUT WHAT HAS TO BE DONE IS WE NEED TO START A FORUM CALLED LIC.SUSPEND SO THAT WE CAN GATHER DATA ON THIS MATTER N ALSO DEMONSTRATE WITHOUT LETTING THEM KNOW WE COMEING N PUT THIS MATTER INTO THE MEDIA AND GET SOME ACTION. BUT U DUIs caN not participate my son was killed by a drink driver. But for those of us that support ourselves n family n need our drivers license to do so. My license was suspended for one which turned into two years because the officer who conficated my license at the time never turned it in which he said. I'm 58 years young n never ever had a dwi dui or for that matter a direct driving voilation yes all are parking ticket I got when 1st moved to philly. This city as well as this county has gone to shit.AND THAT BIT ABOUT WE THE PEOPLE HAS NO MERIT, ITS WE THE FREE SALVES WHITE,BLACK YELLOW OR GREEN. I GUESS THE WEAPONS OF MASS DESTRUCTION R USED ON THE MASSES WITHOUT A DROP OF GUN POWDER.THERE CLOSING SCHOOLS N BUILDING JAILS CHECK THE JAIL BUDGET N SEE WHEN WAS THE LAST TIME THEY CUT THAT BUDGET.NO CRIME HAS NOT REALLY DRASTICALLY INCREASED PRISONS FOR PROFIT HAVE SO THREFORE FILL THEM BY ANY MEANS MODERN DAY SLAVERY ON THE JOB MARKET AS WELL. WAKE UP AMERICA YA MINDS EYE HAVE BEEN CLOSED TO LONG N THE CHILDREN OF TOMMOROW R NOT PERPARED AS WELL AS THE PARENTS OF TODAY R NOT. THINK ABOUT IT N LEAVE YOUR EMOTIONS AT THE DOOR FOOL!GREEDOM INSTEAD OF FREEDOM!KIDS CANT BY A BEER BUT THEY CAN GO TO WAR!

Kory said...

I went through all this year's ago. Did my time do to cops who had power trip. I was also at fault but most of my suspension time came from double jeopardy. The thing I don't u derstand is this...whom pays taxes in pa to keep the roads and bridges safe..the citizens..the same waywe all pay the taxes for new roads. Now...to me..driving should be a right..not a privilege.. Now I have had my license back for 15 yrs..but still...the corruption I seen has been plainly seen as a money racket. I'm all for safe driving...but its a right..if not it would be taxation without representation... If you have more than 2/dui's ..impound the car..fine the heck out of them...but the suspension thing is plain bullspit

unknown said...

Had a cop pull me over after following me from a 7 11 told me without even asking for ID to get out if car, without permission searched my car found nothing I told him he did not have permission he went to grab his gun and said don't give me a reason ro use this. Then proceeded to go up my shirt down my shorts ask me very inappropriate questions. Until another coo happened to show up and I begged him to stay and then all of a sudden I was sent home. Called police station ro report that cop was told it would be a waste of time he would receive maybe a few days suspension and then would probably harass me.

Unknown said...

Driving is a right not a privilege as,penndot would say! In the bill of right it clearly states we have the right to move freely in our country by horse drawn buggy, by foot or by automobile, so legally a license is a restriction of that right! Our judges and penndot are corrupt as,hell!

Anonymous said...

Hello, I just went with my son to a magistrate regarding a ticket for driving with out a license went we got there the first thing that the appt was change he never got a letter on the mail. Second we ask how much was the ticket she told us that it was 1,100 because the judge was looking at his past driving record. Fist thing that the police stop him because his head light were not on. I want to know do we have to have the heads light at 3pm on. Can some body tell me what we can do.

Unknown said...

My license was suspended for a DUI in October/2014, recently I was pulled over in Feb 2016 for not completely stopping at a stop sign and then the same officer pulls me over a month later for no reason just because he says he knows im suspended driving to get my baby some milk BTW. I have court in 2 days should I prepare for 60 days in jail ?

Unknown said...

Exactly

chuck said...

Rarely does a judge in Pa gives you jail time for multiple driving while suspended/revoked because they can't get the fine money from you if they throw you in jail. However, on your SIXTH driving while suspended(Which all 6 offenses must fall into a 5 year window)they have to give you a MANDATORY sentence of jail sentence of 30 days to 6 months. In conclusion, the first 5 offenses will get you no jail time, the 6th offense is mandatory jail time that judge must impose on you, but you must have committed all 6 offenses in a 5 year period.

chuck said...

I like to add you should always respond to your tickets and show up to court and plead not guilty.You don't need a lawyer to argue your case. You talk to the arresting officer and ask him to change the charge to driving without a license, which carries a lower fine and no jail time. Usually they'll do that if you tell them your going to appeal if found guilty of driving on suspended license. The officer does not want to waste another day in a appeals court. Also if the officer does not show up to court your case will be dismissed.

Unknown said...

Please tell me your results

Billy Bob said...

So i have to go to traffic court in a month for violating section 1543A. This will be the second time ive been hit with this. Once a few years ago and now this. What should i be expecting? Reading the statute it says " no less then 30 days and no more then 6 months in prison coupled with ahefty ass fine of up to a $1,000. But thats for the 6th time or more. What am i looking at for the 2nd or 3rd? Thank you in advance to whoever has the amswer.

Billy Bob said...

So i have to go to traffic court in a month for violating section 1543A. This will be the second time ive been hit with this. Once a few years ago and now this. What should i be expecting? Reading the statute it says " no less then 30 days and no more then 6 months in prison coupled with ahefty ass fine of up to a $1,000. But thats for the 6th time or more. What am i looking at for the 2nd or 3rd? Thank you in advance to whoever has the amswer.