DUI/LTCF QUESTION

[bogey1]

before we get started, this is not a DUI bashing thread (your friend is an asshole blah blah) so please save your offf topic comments for another thread..



a friend of mine went to apply for his LTCF in chesco, and was denied.
the reason was 3 DUI's

heres the time line: '89 '97 '03

my (or his question is) is that grounds for denial? im not familiar with the DUI laws.. thanks, bogey

[PisnNapalm]

Seems to me he would fall into that area of "questionable character" in the eyes of the sheriff. You gotta wonder how many times he's actually driven drunk if he's only been caught three times.... Just saying....

[cigarmanpa]

3 duis? seems he'd fail the "are you a habitual drunkard" question

[Daycrawler]

3 duis? seems he'd fail the "are you a habitual drunkard" question

Thats right where I was going, good call Cigar man! OP to answer your question the answer would appear to be yes, however if he were to have his record expunged then the infractions would no longer appear on a criminal record. He needs to get a lawyer to straighten that out.

[Kramer]

Seems to me he would fall into that area of "questionable character" in the eyes of the sheriff. You gotta wonder how many times he's actually driven drunk if he's only been caught three times.... Just saying....

Basically yeah, since he broke the law three times and could have hurt or killed someone each time that would be a big issue for the Sheriff.

[anonymouse]

before we get started, this is not a DUI bashing thread (your friend is an asshole blah blah) so please save your offf topic comments for another thread..



a friend of mine went to apply for his LTCF in chesco, and was denied.
the reason was 3 DUI's

heres the time line: '89 '97 '03

my (or his question is) is that grounds for denial? im not familiar with the DUI laws.. thanks, bogey

What was the reason given in the denial letter?

[jcabin]

IIRC don't DUI's progressively turn into prohibitive misdemeanors then felonies starting with your second DUI if it was within a certain time limit from the first conviction?

I can understand where the sheriff is coming from either way.

[HiredGoon]

Basically yeah, since he broke the law three times and could have hurt or killed someone each time that would be a big issue for the Sheriff.

He GOT CAUGHT breaking the law three times. As already mentioned, how many times was he driving drunk and not caught??

[kadar]

ooops. bad math.
But here is for DUI denials:

§ 6105: Persons not to possess, use, manufacture, control, sell or transfer firearms
(c) Other persons.--In addition to any person who has been convicted of any offense listed under subsection (b), the following persons shall be subject to the prohibition of subsection (a):
(3) A person who has been convicted of driving under the influence of alcohol or controlled substance as provided in 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) or the former 75 Pa.C.S. § 3731, on three or more separate occasions within a five-year period. For the purposes of this paragraph only, the prohibition of subsection (a) shall only apply to transfers or purchases of firearms after the third conviction

(a) Offense defined.--
(1) A person who has been convicted of an offense enumerated in subsection (b), within or without this Commonwealth, regardless of the length of sentence or whose conduct meets the criteria in subsection (c) shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth.

[PisnNapalm]

But they weren't within a five year period. 1989, 1997 and 2003. Heck even the last two are 6 years apart.