denied for m1 third and last dui in 2000

[CL3]

Hey, his screen name is "phenix." Maybe he's learned his lesson and is trying to rise up from the ashes.

[phenix]

First it was 12 years ago. Second it was not three within five years. Since then I've gotten my B.S.B.A. and an MBA from a very reputable graduate school. The point is I've paid my dues to society and moved on. Never hurt anyone. I didn't kill anyone's friend. I'm sure whoever did was charged with more than a DUI.

[customloaded]

First it was 12 years ago. Second it was not three within five years. Since then I've gotten my B.S.B.A. and an MBA from a very reputable graduate school. The point is I've paid my dues to society and moved on. Never hurt anyone. I didn't kill anyone's friend. I'm sure whoever did was charged with more than a DUI.

Some folks don't know how to forgive or realize that people makes mistakes. I try not to live a glass house when I throw stones.

You are ok in my book. Seek out a competent lawyer well versed in restoration of gun rights etc...there is one who posted in this thread, Gun Lawyer. Best of luck and I hope you stick around and add to the flavor on this board.

CL

[phenix]

My main question was whether the maxim sentence would fall under the pa grading matrix for dui in 2000 or the statutory sentence of 5 years for a misdemeanor 1.

[phenix]

Thanks Customloaded. I paid dearly for my mistakes. 6 months in jail, thousands in fines costs and attorney fees. Denied employment. Now it's my second amendment. I guess it's time for a good lawyer.

[knight0334]

My main question was whether the maxim sentence would fall under the pa grading matrix for dui in 2000 or the statutory sentence of 5 years for a misdemeanor 1.

I could be wrong with this, but I believe it should go by whatever the particular chapter/subsection stated was the maximum if it differed from the default statutory max of 5 years.

I don't have a copy of the DUI law that was in affect in 2000 to double check at this moment. It changed sometime after that, I think around 2003 and 2004, so its difficult to use the existing DUI law as reference.

Unless one of the lawyers here wants to offer some pro bono(or paid) advice, I recommend seeking lawyer to look up the prior law and compare your legal history against it. It is very possible that your M1 DUI isn't prohibiting because of a specific sentencing guideline for the prior DUI chapter.

[phenix]

I could be wrong with this, but I believe it should go by whatever the particular chapter/subsection stated was the maximum if it differed from the default statutory max of 5 years.

I don't have a copy of the DUI law that was in affect in 2000 to double check at this moment. It changed sometime after that, I think around 2003 and 2004, so its difficult to use the exist DUI law as reference.

Unless one of the lawyers here wants to offer some pro bono(or paid) advice, I recommend seeking lawyer to look up the prior law and compare your legal history against it. It is very possible that your M1 DUI isn't prohibiting because of a specific sentencing guideline for the prior DUI chapter.

Thank you Knight. I need to visit the law library. You are correct, the law changed in 2003. I check the consolidated statued at the courthouse but they didn't have the expanded version of the statute. West Law doesn't have anything prior to the 2003 revision and ultimate repeal. Very frustrating, almost as if the old law vanished. Thank you again for you time.

[iceman5054]

I am not a lawyer... and I may well be wrong about this. Can the OP receive a weapon as a gift? Or is that a tranfser to a prohibited person? Or can he go to another state and get a long rifle there? I think the 3 in 5 is a PA law??

[knight0334]

Thank you Knight. I need to visit the law library. You are correct, the law changed in 2003. I check the consolidated statued at the courthouse but they didn't have the expanded version of the statute. West Law doesn't have anything prior to the 2003 revision and ultimate repeal. Very frustrating, almost as if the old law vanished. Thank you again for you time.

You're welcome.

Should you find the prior law, and if it does have a lessor sentencing for a M1 DUI than the default - you could base a challenge to the denial on it.

If you have the coin to spare, running things through a lawyer really is the best thing to do. You may only need a sit-down review with one to base your challenge to the PSP's final decision to support the denial. Further challenges get a bit more complicated than the first.

[twency]

I am not a lawyer... and I may well be wrong about this. Can the OP receive a weapon as a gift? Or is that a tranfser to a prohibited person? Or can he go to another state and get a long rifle there? I think the 3 in 5 is a PA law??

He stated that it wasn't 3 in 5, so that's not relevant. 3 in 5 was my early speculation in the thread, but OP says that's not an issue.