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QuestionInsurance Question  I was recently pulled over and cited for driving with a suspended license in the state of Pennsylvania. What are the penalties, and will I go to jail?

AnswerAuto Insurance Answer

In Pennsylvania, no person may drive any motor vehicle upon a highway or public property without a driver's license valid under the PA Motor Vehicle Code. Pennsylvania MVC chapter 15 explains that public property includes, but is not limited to, driveways and parking lots owned or leased by the Commonwealth or an agency thereof.

Section 1543 of the PA Vehicle Code is titled Driving while operating privilege is suspended or revoked and states:

(a) Except as provided in subsection (b), any person who drives a motor vehicle on any highway or traffic way of this Commonwealth after the commencement of a suspension, revocation or cancellation of the operating privilege and before the operating privilege has been restored is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $200.

(b) Certain offenses.(1) A person who drives a motor vehicle on a highway or traffic way of this Commonwealth at a time when the person's operating privilege is suspended or revoked as a condition of acceptance of Accelerated Rehabilitative Disposition for a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) or the former section 3731, because of a violation of section 1547(b)(1) (relating to suspension for refusal) or 3802 or former section 3731 or is suspended under section 1581 (relating to Driver's License Compact) for an offense substantially similar to a violation of section 3802 or former section 3731 shall, upon conviction, be guilty of a summary offense and shall be sentenced to pay a fine of $500 and to undergo imprisonment for a period of not less than 60 days nor more than 90 days.

This subsection goes on to say if you are found with a certain amount of alcohol in your system when you are found to be driving on a suspended license your penalties will be harsher. Upon a first conviction of this the driver can be found guilty of a summary offense and shall be sentenced to pay a fine of $1,000 and to undergo imprisonment for a period of not less than 90 days.

(c) Suspension or revocation of operating privilege. Upon receiving a certified record of the conviction of any person under this section, the department shall suspend or revoke that person's operating privilege as follows:

(1) If the department's records show that the person was under suspension, recall or cancellation on the date of violation, and had not been restored, the department shall suspend the person's operating privilege for an additional one-year period.

(2) If the department's records show that the person was under revocation on the date of violation, and had not been restored, the department shall revoke the person's operating privilege for an additional two-year period.

The penalties for showing a license or permit that is not valid when stopped for a violation include being fined, assessed 3 points for a "violation concerning the license" and possibly receiving jail time.

So depending upon what was going on when you were ticketed for driving with a suspended license your penalty can range from a $200 fine to a $1000 fine with up to 90 days of imprisonment. Also driving with a revoked or suspended license or a second or additional offense of driving without a valid license within a 5 year period will result in your Pennsylvania driving privileges being suspended or revoked for a lengthier period of time.

The court listed on your citation should be able to tell you more about the penalties you may receive in court for driving while having a suspended license. PennDOT may also be able to advise you on what will happen in court.

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