Here's a hypothetical:  Your license is currently suspended pursuant to one of the penalties for driving under suspension in Pennsylvania.  You have been getting rides to work or taking public transportation.  Your wife or husband has been patient as you wait to restore your driving privileges.  Then, you are sitting at home and your wife or husband goes into cardiac arrest.  Or, while you are getting a ride, the person driving you has a serious seizure.  While you are driving the person to the hospital, you get pulled over for going to fast.  You explain to the police officer that you are driving someone to the hospital.  But, the officer sees your Pennsylvania driving license is suspended and you get charged under 1543(a) or 1543(b) for driving under suspension.  

You do have a defense.  In Commonwealth v. Manera, the court ruled that a person can use a "justification defense" because there was no clear legislative intent to the contrary.  What this means is that an individual can "justify" why it was important for them to break the law.  

The Bucks County Judge hearing the summary trial or appeal will have to make a determination whether your reasons for driving were valid.  

Possible Defense to Driving Under Suspension

I have represented individuals charged with driving while suspended throughout Bucks County.  

I have previously discussed the significant penalties related to driving under suspension in Pennsylvania.  

One issue that occasionally comes up is when an individual has never been notified of the license suspension.  For example, people change addresses and never get notice from PennDot that they are suspended.  

Case Law for Notice

One particular case that is important to look at is Commonwealth v. Kane.  This case states that "actual notice" of suspension is required to prove that a person is suspended.   

One case I recall, an individual from Bucks County was pulled over for a traffic violation and when the police officer ran the license it came back suspended.  Then, the client called my office as we are Bucks County Criminal Defense Lawyers.  About 18 days after the traffic violation, the client received a Notice of Suspension from PennDot.  I used this notice to show that the client was not "actually notified" of his suspension at the time of the traffic stop and we prevailed on the case.  

Driving Under Suspension in Bucks County

There are two types of charges for driving while suspended in Bucks County.  They are a 1543(a) and a 1543(b).  The two statutes are below, which I've highlighted pertinent parts:  

75 Pa.C.S.A. 1543(a)-  Driving Under Suspension

Except as provided in subsection (b) any person who drives a motor vehicle on any highway or trafficway of this Commonwealth after the commencement of a suspension, revocation or cancellation of the operating privilege and before the operating privilege has been restored is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $200.00.

NOTE:  Subsequent offenses may be punishable by incarceration under 75 Pa.C.S.A. 6503(a) and (a.1).  Specifically, if it is a 2nd or subsequent offense, it is discretionary jail time up to 6 months.  If it is a 6th or subsequent offense, there is a mandatory 30 days in jail with discretionary jail time up to 6 months.    

75 Pa.C.S.A. 1543(b)(1)-  Driving Under Suspension DUI Related

A person who drives a motor vehicle on a highway or trafficway when the person's operating privilege is suspended or revoked as a condition of Accelerated Rehabilitative Disposition for a violation of section 3802 or the former section 3731, because of a violation of section 1547(b)(1) (relating to suspension for refusal) or 3802 or former section 3731, or is suspended under section 1581 (relating to the Driver's License Conmpact) for an offense substantially similar to a violation of section 3802 of former section 3731 shall, upon conviction, be guilty of a summary offense and shall be sentenced to pay a fine of $500 and undergo incarceration for a period of not less than 60 days nor more than 90 days.

Please also note that there is a 1 year suspension related to this offense.

If you are charged with careless or reckless driving, it is important to understand the difference in penalties.  

Specifically, Reckless Driving carries a 6 month license suspension under 75 Pa.C.S.A. § 1532(b).  Careless driving is a six month suspension only if there was an unintentional death, pursuant to 75 Pa.C.S.A. § 3714(b).

An important case in looking to beat either case is Commonwealth v. Gezovich.  In this case, the government must prove more than ordinary negligence to prevail on the ticket.  The devil can be in the details which can be determined through a hearing in Bucks County.  

We have discussed some issues relating to Summary Appeals in Bucks County previously (see Guilty Plea and Appeal of a Summary Trial).  If a juvenile (an individual under 18 in the state of Pennsylvania) is charged with an offense and the offense involves a mandatory sentence of imprisonment prescribed by statute, the case must be forwarded to the Bucks County Juvenile Division in the District Attorney's office.  

This "special" rule falls under the Juvenile Act.  

In this particular type of case, you should contact a Bucks County juvenile crime lawyer to discuss the Bucks County juvenile crime process.    

The procedure for a guilty plea in a Summary Trial in Bucks County is the same as it is for all of Pennsylvania, with some minor variations.  The procedure is governed under 234 Pa. Code Rule 454.  

The process begins where the defendant in Bucks County is advised of the charges.  If there is a likelihood of probation or jail, the defendant shall be advised of their right to hire a Bucks County Criminal Defense Lawyer and, if the defendant requests a lawyer, he/she shall be given a reasonable opportunity to hire that lawyer.  

After these initial proceedings, a plea shall be entered if the person intends to plead guilty.  

If the individual in Bucks County pleads guilty, the district justice imposes sentence.  

The judge must state the date payment is due if the sentence includes fines, court costs, and restitution.  The judge may allow payment arrangements via installments.  

The judge will also advise you of your appeal rights on a summary offense.  

Steps in Preliminary Hearing in Bucks County

We covered the initial steps of the Preliminary Hearing in Bucks County in Part 1 & Part 2.  

If you prevailed at your Preliminary Hearing, the charges would be dismissed.  Or, in the alternative the Commonwealth would have withdrawn prosecution.  Remember though -- withdrawn prosecution can later be refiled against you.  It has happened more than I can count.  

If, however, the charges are held over and the District Judge believes a prima facie case has been met, the following will happen:

1)  Your bail will be set.

2)  You will be notified of your arraignment

3)  You may, if you are charged with DUI, be ordered to get a CRN evaluation.  

After the Preliminary Hearing in Bucks County, you will want to find out from your attorney the next steps in the process.  Your attorney will want to order the Notes of Testimony from the stenography.  

Bucks County Preliminary Hearings

As we've previously discussed in Part 1, there is a lot to do in the Preliminary Hearing in Bucks County.  

If your Bucks County Criminal Defense Lawyer has been unable to negotiate an adequate/satisfactory resolution, you will have a hearing.  

99% of the time you will not testify at your Preliminary Hearing in Bucks County.  The purpose of the Preliminary Hearing is for the Commonwealth of Pennsylvania to prove that it is "more likely than not" that you committed the crimes you were charged with.  Put in a more legal way, the Commonwealth has the burden to prove a "prima facie" case at the Preliminary Hearing.  This "burden" is NOT beyond a reasonable doubt.  That is a trial burden.  

The Commonwealth will have their arresting officer, witnesses, and other relevant evidence presented to prove their initial step of establishing a prima facie case  

Standard of Evidence/Proof

If your case involves credibility (i.e. a witness or police officer lied), it is unlikely that you will have the charges dismissed at the Preliminary Hearing.  Why?  Because, at the Preliminary Hearing, the District Justice must look upon all Commonwealth evidence in a favorable light.  

But, is all hope lost?  Absolutely not.  Sometimes, a case can be dismissed because of a corpus issues.  Other times, a Preliminary Hearing in Bucks County helps establish a record, captured by a stenographer that your Bucks County Criminal Defense Lawyers scheduled, which will capture testimony that can be used later in your defense.  

For example, if a witness lied at the Preliminary Hearing, you can use the Notes of Testimony from the Preliminary Hearing to later call into question their credibility.  

We've discussed the process in a Bucks County criminal charge, but it pays to discuss the Preliminary Hearing a bit more.  

The Preliminary Hearing is conducted by a District Judge.  These judges are elected locally and do not have to be lawyers.  They are, in general, very smart.  You will note differences in styles, process, and procedures, but most know what they are doing.  

As an aside -- If you are charged with a Juvenile crime, make sure to contact a Juvenile Crimes Lawyer in Bucks County to get the specific procedures.  

When you go to the court, you will first check in at the front.  Sometimes, it is the front window, the "window", or just the clerk staff.  Either way, make sure you let the court staff know you are present. 

Your Bucks County criminal attorneys should have a stenographer present to take notes of the Preliminary Hearing.  This stenographer can later create the "Notes of Testimony" of the Preliminary Hearing.  It can prove to be of the upmost importance in the future.  

The police officer or State Trooper who arrested you should be present.  They may individually conduct the Preliminary Hearing by representing the Commonwealth of Pennsylvania or there may be an Assistant District Attorney from Bucks County who will conduct the hearing.  Typically, the more serious the case, the higher likelihood there will be an Assistant District Attorney.  

Prior to the Preliminary Hearing in Bucks County, your Bucks County Criminal Lawyer will get a chance to talk to the officer/trooper/DA regarding your case.  There is potential to get a reduced charge or a consolidation of charges at this stage.  Other times, it is an opportunity to determine how the Commonwealth will be presenting the case.  

DUI General Impairment in Bucks County

If an individual is charged with 75 Pa. C.S. § 3802(a), they are charged with a DUI - General impairment.  Specifically, they are charged with Driving under the influence of alcohol or controlled substance such that they are rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.  

A 3802(a) charge is better than 3802(b), (c), or (d) as it carries less penalties.  But, you should know -- you can be convicted of a 3802(a) based on officer's observations alone.  Even if your Bucks County criminal attorney gets the blood test suppressed, the officer may be able to convince the judge that you were incapable of safe driving based upon their experience and observations. 

If you have a juvenile DUI, you should contact a Bucks County juvenile lawyer to find out what your rights are.