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What is the current status of a first offense driving whaile suspended for a DUI

Posted by Paul M. Aaroe, II | Mar 18, 2025 | 0 Comments

Conclusion: What Does Rollins Mean for Defendants? The Rollins ruling ensures that § 1543(b)(1)(i) remains constitutional, closing the door on broad challenges based on vagueness. However, it also sets a clear maximum penalty, preventing excessively long sentences beyond what is permissible under Pennsylvania law. For individuals facing charges under § 1543(b)(1)(i), the key takeaway is that the mandatory minimums are unavoidable, but the maximum sentence is now firmly capped at 90 days (for a first offense) or one year (for repeat offenses). Understanding this range can help in structuring an effective legal defense strategy to minimize jail time where possible.

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Does an ARD count as a prior offense?

Posted by Paul M. Aaroe, II | Oct 29, 2024 | 0 Comments

The statute does say that an ARD which was granted within 10 years of the date of the current offense counts as a prior offense to enhance mandatory minimums and maximum penalties in a subsequent DUI conviction.However, The Supreme Court of Pennsylvania has granted review in Commonwealth v. Rich...

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