Lawyer For Driver License Appeal Hearing In Philadelphia
While in some states it is possible to appeal your driver's license suspension in a hearing after the suspension has gone into effect, such is not the case in Pennsylvania. In Pennsylvania, it is critical you file appeal prior to the suspension going into effect. This will be your only opportunity to contest a forthcoming license suspension.
The process of appealing a license suspension is complicated and in most situations requires a criminal appeal of the cause(s) of suspension in addition to the civil appeal of the suspension itself. This means a great deal of paperwork, multiple court appearances, and interactions with police, prosecutors, and judges.
Understanding the Pennsylvania Appeal Hearing Process
In almost every scenario, it will be necessary to first successfully appeal the underlying traffic or criminal citation. To succeed in an appeal of a license suspension, you must provide legal grounds to avoid suspension and that usually means reversing the outcome which led to the initial suspension.
Once you have received notice from PennDOT that your license is scheduled to be suspended, you have 30 days from the date provided on the notice to file an appeal. This can be a hard and fast deadline. The effect of this filing will be to - in most cases - stay the suspension. It is advisable, however, that you both contact an attorney to make sure you are eligible as there are exceptions and contact PennDOT in order to make sure they are in possession of your appeal and the suspension has in fact been stayed. If you drive while suspended, your legal problems will only further compound.
The Criminal or Traffic Appeal
Though you only have 30 days from the time of your conviction to file an appeal, in many circumstances this hurdle may be overcome after the fact and you will be able to proceed with an appeal.
You will have to either negotiate a plea with the prosecutor so that the plea will not result in a suspension penalty or you will have to overcome the charges at trial. If your primary goal is to
save your license, it will be in your best interest to agree to a favorable plea deal. Trial is complicated, and depending upon the circumstances may not yield the outcome you require.
If successful in your criminal or traffic appeal, you can be successful in your license appeal.
The Civil Appeal
A license suspension appeal is a trial. There may be evidence put forth and witnesses examined. You and your attorney must be prepared for this eventuality. That said, if you won your criminal or traffic appeal and that was basis for the license suspension, then as a result of winning your appeal, you have a good chance at being able to save your license.
Remember, the rules of court still apply so though you've won your criminal appeal, you will still require counsel to enter documents into evidence and put forth your case.
Why Do I Need a Lawyer?
The need for a lawyer should be evident at this point. To save your license you will need to win not one, but two appeals!
The Law Offices of Greg Prosmushkin, P.C. will stand by your side throughout this process. Call today to schedule a free consultation with one of our associates.
This content was written on behalf of Greg Prosmushkin.