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John M Ogden Attorney
 
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Call now : (717) 718-0406
257 E Market Street, York, PA 17403-2023
 
 
 
 
 
 
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We are you driving license specialists in York!

We handle all types of driver’s licensing issues including CDL issues.
 
  • Driver’s License Appeals
  • Delayed Suspension Cases
  • CDL Driver Appeals
 
  • All Traffic Matters
  • Accidents
  • DUI Checkpoint cases
 
  • Occupational Limited Licenses
  • Ignition Interlock Devices
 
 

DELAYED SUSPENSION CASES

Attorney Ogden recently represented a large group of people whose license was suspended long after they were convicted of an offense. In some case, ten years later.

The issue before the Court concerned an appeal from the notice of Suspension that was severely delayed. The law had always been that if the delay was not the fault of PennDot, there could be no relief.

The cases arose out of an audit performed by the Honorable Don O’Shell, Clerk of Courts of York County to determine whether his office was properly handling the reporting of certain convictions to the Pennsylvania Department of Transportation.

As a result of the audit, approximately 4,300 convictions for crimes like DUI, small amount of marijuana, paraphernalia and driving under suspension, were never reported to PennDot. Therefore, no suspensions was issued. The oldest conviction was from 2003.

Attorney Ogden fought the case to the Pe Supreme Court. Along the way the Clerk of Courts fought with private lawyers to make the suspensions legal.

Eventually, after years of legal wrangling, and with other lawyers now filing appeals too, the Commonwealth Court made a new rule.
 

THE NEW RULE is that an appeal may be sustained where

1) the licensee is able to demonstrate that his conviction was not reported for an extraordinarily extended period of time (by the Clerk of Courts),
2) the licensee has a lack of further issues for an extended period, and
3) that the licensee can show prejudice by the delay
Gingrich v. Commonwealth, Dep't of Transp., 748 C.D. 2015, 2016 WL 1232735 (Pa.Cmwlth. Mar. 30, 2016).

Currently, Attorney Ogden is working to determine if the form used by PennDot, known as DL-26B is invalid and would result in thousands of blood tests being suppressed.
 

THE NEW IGNITION INTERLOCK LAW Effective August 25, 2016:

(1) Occupational limited licenses are no longer available for DUIs. Instead, motorists may apply for the new “Ignition Interlock Limited License.”

(2) Ignition Interlock Limited License (IILL)
If first offense DUI, then the motorist is immediately eligible for the IILL. App by filing a Petition with PennDOT. PennDOT must approve within 20 days. There are exceptions such as commercial drivers being inapplicable.

If you have a Prior Offense DUI offense, you can get an ILL:
--fter 6 months of 12 month suspensions (ungraded misdemeanor DUI cases).
--after 9 months of 18 month suspensions (misdemeanor 1 DUI cases).

If you have a Refusal to take a Blood test, you can get an ILL:
-- after 6 months of a 12 month suspension
-- after 9 months of an 18 month suspension.


The ILL Act can be viewed here:
http://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2016&sessInd=0&act=33