denied for m1 third and last dui in 2000

[phenix]

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.

F

I found the original and will see it tuesday. Sucks because my snoball's chance will be gone if I'm wrong; Pardon's are impossible in pa.

[t1066]

F

I found the original and will see it tuesday. Sucks because my snoball's chance will be gone if I'm wrong; Pardon's are impossible in pa.

Not necessarily. Get in contact with GunLawyer001 after you get a copy of the statue, and pay for a consult. He has successfully gotten pardons in this state before. It isn't easy, and depends on your case, but he would be the lawyer I would talk to.

[knight0334]

F

I found the original and will see it tuesday. Sucks because my snoball's chance will be gone if I'm wrong; Pardon's are impossible in pa.

Pardons arent impossible in PA. But they arent given out like candy on Halloween either.

You have to work for a pardon.. Have a job, live a good life with no more offences, no defaults on loans, taxes all paid, etc, etc. Years of volunteering to the community and/or non-profit organizations helps too.

And of course, a damn good lawyer that specializes in pardons is a must. Once you're declined a pardon, you're pretty much blackballed until you do something amazing like save a bunch of kids lives by running into a raging fire. LOL

[spblademaker]

We currently have a President that used marijuana, cocaine and heroin, "when he could afford it (heroin)", and the OP is being denied for DUIs? Outrageous!!

[DaveIam]

Pardons are not impossible but they make you work for them and only hand them to deserving individuals. It takes 4-5 years to go through the whole process but its worth it at the end. The day my wife went in front of the council to plead her case, there were roughly 50 other people there doing the same thing. It was roughly 35 got their pardons, but they had really turned their lives around. You have to plead your case in a huge room with everyone sitting right there. The ones that didn't get it, you knew they wouldn't with the stories they were telling. It is worth the work if you really want it.

[phenix]

PA title 75 ss 3731

(e) Penalty--
(1) Any person violating any of the provisions of this section is guilty of a misdemeanor of the second degree, except that a person convicted of a third or subsequent offense is guilty of a misdemeanor of the first degree, and the sentencing court shall order the person to pay a fine of not less than $300 and serve a minimum term of imprisonment of :
(i) Not less than 48 consecutive hours.
(ii)Not less than 30 days if the person has previously accepted Accelerated Rehabilitative Disposition or any other form of preliminary disposition, been convicted of, adjudicated delinquent or granted a consent decree under the Juvenile Act (42 Pa.C.S. ss 6301 et seq.) based on an offense under this section or of an equivalent offense in this or other jurisdictions within the previous seven years.
(iii) Not less than 90 days if the person has twice been convicted of, adjudicated delinquent or granted a consent decree under the Juvenile Act based on an offense under this section or of an equivalent offense in this or other jurisdictions within the previous seven years.
(iv) Not less than one year if the person has three times previously been convicted of, adjudicated delinquent or granted a consent decree under the Juvenile Act based on an offense under this section or of an equivalent offense in this or other jurisdictions within the previous seven years.

[t1066]

I don't see anything there limiting the M1 to 2 years or less as the max. Time to get in contact with GunLawyer001 (or someone else who has handled pardons successfully), and have a consult on your chances and costs.

Good luck!

[rxer311]

I had my best friend killed by a drunk driver. The guy had 2 previous DUIs and many prior public intox arrests. He fled the scene of the accident and was chased down by a witness of the accident. Police also found narcotics in the car. Dude only spent 2 years on prison.

You are a prohibited person for a reason. I am glad that nobody was hurt in your incidents, including yourself.

[phenix]

I agree. But that statute imposes a "must be followed minimum sentence" using this. § 303.5. (Prior Record Score—prior convictions.) I have mine and they also set a maximum, whether in error or not of 1 Year.
Then there is Title 18

§ 106. Classes of offenses.

(a) General rule.--An offense defined by this title for which a sentence of death or of imprisonment is authorized constitutes a crime. The classes of crime are:

(5) Misdemeanor of the first degree.


(b) Classification of crimes.--


(6) A crime is a misdemeanor of the first degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than five years.

On my guideline sentencing form (PCS 7A 1/2000) I received an offense gravity score of 3, about the lowest you can get. My Prior Record Score is Listed as 0.

The PICS is saying I committed a crime that is conceivably punishable by 2+
years because of the title 75 ss 3731 (e) (iii).

The problem is my Misdemeanor 1 minimum must follow one statute and the maximum follows another. This seems ambiguous to me.

[phenix]

I had my best friend killed by a drunk driver. The guy had 2 previous DUIs and many prior public intox arrests. He fled the scene of the accident and was chased down by a witness of the accident. Police also found narcotics in the car. Dude only spent 2 years on prison.

You are a prohibited person for a reason. I am glad that nobody was hurt in your incidents, including yourself.

Very sorry to hear that. If it makes you feel any better I spent 6 months and I didn't hurt anyone. I would agree someone that killed another person should do more than two years.