denied for m1 third and last dui in 2000

[phenix]

Just wanted to thank all of you that have shown expertise, maturity, and respect even in the face of the delicate nature of the topic. This is truly a great site! I need to go to the library, and depending what I find, an attorney. Hopefully I'll be back posting with good news. I could use some.

Special thanks to

Customloaded
Knight0334
GunLawyer001
Shadowline
Bigdawgbeav

Sincerely:
Phenix

[quigleysharps4570]

Good luck phenix.

[RC55]

The second ammendment reads in part "The right of the people to keep and bear arms shall not be infringed". This means if you are not currently incarcerated you should be able to protect your family and property regardless of your past indiscretions. The only difference between you and probably half the posters on this forum is that you got caught.That does not make what you did right, but some of the self righteous flak your catching is unwarranted and disarming a man is just wrong. Once concessions concerning the second ammendment started to become acceptable to the gun owning public the door was breeched for further refinements to this ammendment where none are needed nor intended by the writers. There are two documents that were given to humanity that need no further adjustment or debate. One given by divine hand and one by divine guidance. Our constitution and the ten commandments.

[phillyd2]

Originally Posted by phenix

What I did was wrong, I will never argue that point. However I was in my early 20's. Young and dumb. I got two in a month in 93, then one in 2000. I'f I could go back in time and tell the dumb kid behind the wheel how stupid he was I would. I can't. I'm not asking for sympathy or even your understanding. I just have a hard time accepting the fact that I lost one of my constitutional rights. Especially this one. I've been hunting and fishing all my life. I never enjoyed killing, but I do understand the basics of kill, eat survive. That is gone, if you would like to consider that my fault, in a sense, you are correct but I didn't write the rulebook. I've always known a felon cannot own a weapon but never in a million years did i know that a dui could prevent me from hunting, protecting my family, or lead to a felony for gun possession charge. Do some research about some of the horiffic crimes that won't get you a prohibited person status.

Thanks for your input. Freedom of speech. I have to check to see if I still have that one.

Not really sure why my post offended you so much but I think a mirror check may be in order.

Your posts seem full of justifications and a misdirection of anger. Again, I don't know the law and never said I agreed with it IF is does prohibit you. All I sad was that IF it is part of your punishment per law you have not yet paid your dues, as you clamed.

Lots of young dumb people do very stupid things, including me. I do wish you well in reversing this if you have changed your life around as long as we all understand that this situation is nobody's fault but yours.

[PhillyVet]

I’m confused…

If you got two in ’93 and one in 2000, then you don’t fall under Pa’s “..within five years..” rule. Therefore, I’m guessing your disability is a Federal one (since an M1 is punishable by imprisonment in excess of two years).

Why was it an M1? What else happened during the DUI that increased the grading? Were your convictions all in PA or some other state?

I don’t know what the law was in 2000, however, DUI is one of those politically charged topics (like gun laws) and state legislatures aren’t known for reducing the penalties over time. According to the current law, a third conviction of DUI (with no other aggravating offense – accident, hurting someone, etc.) is only an M2 (which is not a Federal disability).

If you don’t have your paperwork, you can go onto the Unified Judicial System website ( http://ujsportal.pacourts.us/ ), click on “Docket Sheets” and actually look up your cases to see all the crimes you were convicted of. Let us know because there may be something in there you didn’t know about (especially if you just plead guilty and didn’t truly understand all the charges).

[knight0334]

Originally Posted by PhillyVet

I’m confused…

If you got two in ’93 and one in 2000, then you don’t fall under Pa’s “..within five years..” rule. Therefore, I’m guessing your disability is a Federal one (since an M1 is punishable by imprisonment in excess of two years).

Why was it an M1? What else happened during the DUI that increased the grading? Were your convictions all in PA or some other state?

I don’t know what the law was in 2000, however, DUI is one of those politically charged topics (like gun laws) and state legislatures aren’t known for reducing the penalties over time. According to the current law, a third conviction of DUI (with no other aggravating offense – accident, hurting someone, etc.) is only an M2 (which is not a Federal disability).

If you don’t have your paperwork, you can go onto the Unified Judicial System website ( http://ujsportal.pacourts.us/ ), click on “Docket Sheets” and actually look up your cases to see all the crimes you were convicted of. Let us know because there may be something in there you didn’t know about (especially if you just plead guilty and didn’t truly understand all the charges).

We ruled out the 3-in-5 thing earlier.

PA's DUI law changed in 2003 to lower the BAC to .08 from .10. Then in 2004 the law was changed again. It completely restructured the DUI laws and penalties. So today's law has little bearing on it.

If a chapter has a specific penalty for a grading, it is the one that applies. Which if I remember correctly, the prior DUI law did have a specific penalty that differed from the default statutory M1 of 5 years. I'm thinking it might have been a max of 1 year in jail. (vague memory, I got a DUI in 2000 as well)

The problem we are having is that we cannot find a copy of the pre-2004 laws to compare the DUI M1 conviction to.

[OldSchoolPC]

For current law, a 3rd conviction is only a 2nd degree misdemeanor for BAC of UNDER point ten. Tier 2 and Tier 3 convictions for a 3rd time offender are an M1. So if your BAC is above point ten, you got a federally disqualifying offense (m1) under the current grading system. So if you try to restore rights based on current law not disqualifying you... I don't think that'd work unless your BAC back then was low. I hope this helps.

IANAL

[phenix]

Originally Posted by phillyd2

Not really sure why my post offended you so much but I think a mirror check may be in order.

Your posts seem full of justifications and a misdirection of anger. Again, I don't know the law and never said I agreed with it IF is does prohibit you. All I sad was that IF it is part of your punishment per law you have not yet paid your dues, as you clamed.

Lots of young dumb people do very stupid things, including me. I do wish you well in reversing this if you have changed your life around as long as we all understand that this situation is nobody's fault but yours.

Sorry if I misinterpreted what you were saying. If so I appologise. I thought you were saying I deserve to keep paying and paying until I die.

You have to love this, the book that contains the original statute is located in a state library that' s only open three days a week.

[phenix]

Originally Posted by PhillyVet

I’m confused…

If you got two in ’93 and one in 2000, then you don’t fall under Pa’s “..within five years..” rule. Therefore, I’m guessing your disability is a Federal one (since an M1 is punishable by imprisonment in excess of two years).

Why was it an M1? What else happened during the DUI that increased the grading? Were your convictions all in PA or some other state?

I don’t know what the law was in 2000, however, DUI is one of those politically charged topics (like gun laws) and state legislatures aren’t known for reducing the penalties over time. According to the current law, a third conviction of DUI (with no other aggravating offense – accident, hurting someone, etc.) is only an M2 (which is not a Federal disability).

If you don’t have your paperwork, you can go onto the Unified Judicial System website ( http://ujsportal.pacourts.us/ ), click on “Docket Sheets” and actually look up your cases to see all the crimes you were convicted of. Let us know because there may be something in there you didn’t know about (especially if you just plead guilty and didn’t truly understand all the charges).

the answer is the way the statute read. this is from memory but it says PA Title 75 sub section 3731 (a) (1) which says that anyone comvicted of a third or subsequent dui is guiltly of a misdeamenor 1. There was no tier system back then. Today's laws are really complicaded. Aparently, you should never refuse bac

[OldSchoolPC]

Originally Posted by phenix

the answer is the way the statute read. this is from memory but it says PA Title 75 sub section 3731 (a) (1) which says that anyone comvicted of a third or subsequent dui is guiltly of a misdeamenor 1. There was no tier system back then. Today's laws are really complicaded. Aparently, you should never refuse bac

In my view. Today's laws aren't too complicated. There's 1st 2nd and 3rd time offenders. There are different tiers for each one (applies to BAC). If there are other circumstances such as a kid in the car, it's highest tier. If you have illegal drugs in your system it's highest tier. So basically, if you are under .10 for a 3rd time offender and there isn't anything else unusual about the case, it's 2nd degree misdemeanor. Otherwise it's 1st degree misdemeanor. If you refused a PBT (the one where the cop tells you to blow when your near to your car) that's fine. But refusing a chemical breath test at the station, or a blood/urine test will rain hell down on you... And yes, it'll be a 1st degree as well (although not a seperate conviction).

IANAL