A Pennsylvania driver was stopped for tossing an empty can of alcohol out the window – then…

May 12, 2012 by

A Pennsylvania driver was stopped by police for tossing an empty can of alcohol out of his car’s window while driving with a suspended and DUI-suspended PA license.

The Police Officer Jeffrey Arthur was parked in a parking lot at the intersection of River St. and 7th Ave. at 5:58 p.m. on April 8th when he observed an unidentified motorist in a 1998 Volvo throw an empty can out of the car window on 7th Ave. alongside Dunkin’ Donuts.  The driver then made a right turn onto River Street and drove away. Officer Arthur pursued the unlicensed diver and pulled him over in the parking lot of an accounting company.  The driver was identified as Benjamin Bridges, 33, and he had his mother in the car with him.

Bridges said he was upset because he had taken his mother to the hospital but it wasn’t open.  While questioning him, Arthur observed an open container of alcohol in a can holder behind the driver’s seat and another can of alcohol in a plastic bag besides the discarded container.
Arthur ran a check on Bridges’ driver license and found that it had expired in October of 2008 and was also suspended DUI-related by PennDOT.  He also administered a field sobriety test, which Bridges passed.
Bridges was released at the scene with his mother driving the vehicle.  He was cited for having an open container of alcohol in his vehicle, operating a motor vehicle with an expired driver’s license, driving while his license was suspended, and littering.
Officer Arthur filed the report.

These violations could result in additional suspended license in PA. Mr. Bridges could be facing over a year of added suspension time, and he could be looking at up to 90 days in jail for driving with a suspended license, DUI related. Mr Bridges has a history of traffic issues stemming back to at least 2007. He has had multiple citations for driving under suspension in Pennsylvania, and has other moving violations like Operating Without Insurance & Careless Driving

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Confusing Points System in Pennsylvania

April 23, 2012 by

I constantly hear about the PA points system being difficult to understand. I get it! Quick simple outline of when to expect suspension and how many points you can get. They also link to a chart that explains in a bit more detail about everything that can cause points on your license.

 

The big takeaways are that 6 points is your first worry. Once you hit that 6 point mark you can get suspension time and be required to take a points test. The points test will remove a few points and prevent suspension, but only if you are below 11 points. Once you hit 6 points a second time, according to the Pennsylvania vehicle code, you can expect suspension time. Anything from a few days to a few months for the first time crossing the 6 point mark. At the 11 point threshold you can expect a special points hearing, and the hearing officer will decide what type of penalty you have earned. Most of the time is it suspension for crossing 11 points in Pennsylvania.

Reckless Driving Elephant

Please Drive Safely!

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Public Defender A No-Show, Judge Dismisses Case Against Man with suspended license. Guess that’s one way to beat the case.

March 14, 2012 by

This could turn into a new tactic for the public defenders office in Allegheny County Pennsylvania. Just not show up, and you WIN!

A policy like this will turn the win loss records around for public defenders all over the state of PA. It is a shame there must have been more to this case than a simple driving under suspension if a lawyer was required. From what I have been told, a driving under suspension is a summary violation, and will not require an attorney for representation. In most driving under suspension cases in PA you can not get a public defender because it is considered a simple summary violation. Only when you are facing multiple violations for driving under suspension, and there is the possibility of jail time being given for suspended driving in PA. When there is that possibility of jail time, I understand the court will require a lawyer or require you to take additional steps to defend yourself. So this fellow may have been facing some serious charges that would have required the appearance of a public defender, and yet the judge was required to throw out the driving on a suspended license case.

An Allegheny County district judge on Tuesday tossed out a summary charge against a Pittsburgh man when his public defender failed to show for the case and other public defenders refused to stand in to represent him. Matthew Fonder, 35, was charged with driving with a suspended license and was scheduled for a hearing in Pittsburgh Municipal Court, court records show.

However, when District Judge Jim Motznik called the case, Fonders public defender, Hart Hillman, was not present. Motznik said he had the sheriffs deputy radio to another courtroom to get another public defender to stand in for Hillman. When no one came, Motznik, Fonder and the arresting officer walked to another courtroom where two assistant public defenders were present. “I said, Someone needs to stand up and represent this guy. They said, Its not our case, ” Motznik said. “No one would stand up and represent this guy, so I dismissed it.”

Hillman, who is an acting supervisor in the (Allegheny County Public Defenders) office, said he was running late and called his office so it could let the court know he would be there soon. The case was scheduled for 8:30 a.m. Hillman said he arrived by 9:10 a.m., delayed by a personal issue and traffic. Motznik said he didnt know Hillman had called until after he dismissed the case. Hillman said the two assistant public defenders should have taken the case, not that he can do anything about it. Even though hes an acting supervisor, he said he lacks any disciplinary power. “Thats the problem — there is no management,”  he said. Chief Public Defender Michael Machen did not return a message seeking comment. Machens last day on the job is Friday. County Executive Rich Fitzgerald appointed a new chief public defender, Elliot Howsie, amid reports of problems in the office.  He (Elliot Howsie) starts on Monday.

(BOLD) = Drivers License PA Edits

via Pittsburgh Tribune-Review.

I just hope that in the near future the Allegheny County PD’s Office can clear up that mess, and find alternative ways to ensure your defense is available for you if you require a public defender. I doubt the judges will continue to let “my public defender didn’t show” to be an excuse for dismissing pa suspended license tickets.

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Police: Man pulled over 14 times on a suspended license – The York Daily Record

February 27, 2012 by

York, PA – A York man probably wont be getting his license back until 2018 – if he can stay off the roads, that is.Harry Norman Morales, 54, was arrested Saturday for the 14th time while driving on a suspended license, according to state police.At 2:14 p.m., police said, a trooper pulled over Morales on Interstate 83 near Exit 33 in Newberry Township. Running Morales name, police determined that his license had been suspended after he pleaded guilty to DUI and that this was the 14th time he had been caught violating the suspension.Online court records show that Morales has pleaded guilty to seven DUIs since 1988. The first time he plead guilty to driving on a suspended license was in 1993.In 2011, Morales plead guilty to being a habitual offender. The charge means that he had at least three separate instances of violating the same driving offense.Habitual offenders licenses are revoked for five years, with two years added for each subsequent offense. Therefore, Morales would have gotten his license back in 2016.That means that, if found guilty of the charge from Saturday, Morales wont get his driving privileges back until 2018.As of Sunday, Morales was in York County Prison on a state parole violation.

via The York Daily Record.

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