PENNSYLVANIA DEPARTMENT OF TRANSPORTATION POINT AND SUSPENSION SUMMARY

If you top the six-point total or are nabbed exceeding the speed limit by 26 mph or more, your license will be suspended for 90 days and you'll be required to pass a written test dealing mainly with road safety issues. Get caught a second time and your suspension will stretch for 120 days.

First Time Topping Six Points You will be required to pass a written exam based on safe driving practices, department sanctions, and related safety issues. If you do not pass this exam within 30 days, your license will be suspended until you pass the test. If you do pass this test within the designated 30 days, two points will be removed from your driving record.

Second Time Topping Six Points You will be required to attend a PennDOT department hearing. Don't test this ultimatum. Failing to appear will result in an immediate 60-day suspension. At the hearing, an examiner will review your driving record.

Based on his or her decision, you will be slapped with a 15-day suspension and be required to pass a special on-road driving examination. Two points will be removed from your driving record if you pass the test within 30 days or after you serve your suspension.

Three or More Times Topping Six Points You will be notified of a mandatory PennDOT department hearing. A hearing examiner will review your record and decide whether or not to impose a 30-day suspension. Failure to appear will result in an immediate suspension that won't be lifted until you attend a hearing.

Exorbitant Speeding You will be alerted of a mandatory hearing where a department examiner will either recommend a 15-day suspension or a special on-road test. Failure to attend your hearing will demand an immediate 60-day suspension.

Topping 11 Points or More No hearings on this one. An immediate license suspension is mandatory. The duration will be based on your past suspension record:

One suspension: five days per point Two suspensions: 10 days per point Three suspensions: 15 days per point Subsequent suspensions: one year

Spotless Driving Record As an incentive of sorts, the state will remove points from your record for safe driving habits. If you can manage 12 months without getting a violation that results in points, a suspension, or a revocation, the state will trim three points from your record. If you can cut it down to zero points and keep it at zero for 12 consecutive months, the state will reward your conscientious ways by treating any subsequent point totals like they are you're first.

Traffic Violation Points

• Violating license restrictions (not wearing glasses, for ex.): 2 points
• Failure to obey an authorized person directing traffic: 2 points Not stopping at a red light: 3 points
• Ignoring a flashing red light: 3 points
• Failure to yield half of roadway to oncoming traffic: 3 points
• mproper passing on a hill: 4 points
• All other improper passing: 3 points
• Tailgating: 3 points
• All failures to yield: 3 points
• Ignoring approaching train signals: 2 points
• Circumventing train gates: 4 points and a 30-day suspension Not stopping for a school bus with flashing red lights: 5 points and 60-day suspension
• Not stopping when entering from an alley, driveway, or building: 3 points
• Exceeding the speed limit by six to 10 mph: 2 points
• Exceeding the speed limit by 11 to 15 mph: 3 points and a 15-day suspension if in a work zone
• Exceeding the speed limit by 16 to 25 mph: 4 points and a 15-day suspension if in a work zone
• Exceeding the speed limit by 26 to 30 mph: 5 points and a 15-day suspension if in a work zone
• Exceeding the speed limit by 31 mph or more: 5 points, a 15-day suspension if in a work zone, and possible other penalties as determined by a hearing examiner Challenging posted school zone speed limit: 3 points
• Not yielding to pedestrian in crosswalk: 2 points
• Not yielding to blind pedestrian: 3 points
• Improper backing: 3 points
• Careless driving: 3 points
• Leaving the scene of an accident that results in property damage: 4 points

Consequences for PA. Traffic Tickets

Here's just a sampling of the points imposed for various moving violation convictions:

Failure to stop for a red light: 3 points Illegal U-turn: 3 points Careless driving: 3 points Failure to stop at a railroad crossing: 4 points Exceeding the speed limit by 31 mph: 5 points Traffic tickets also disrupt your financial peace of mind. Not only must you pay a fine, but depending on the severity of your faux pas, you might also experience an unwelcome leap in your car insurance premiums. A parking ticket won't raise eyebrows with your insurance carrier, but if you get clocked rocketing through a school zone at 27 mph over the speed limit, you can expect to see a prolonged financial spike in the price of your policy.

Usually it's easiest and quickest to just plead guilty and pay your traffic ticket. But if one more driving-related conviction would put you over the point threshold for a license suspension or result in your insurance carrier dropping you, it might be worth fighting the ticket in court with the help of a traffic ticket attorney.

PENNSYLVANIA DRUNK DRIVING LAWS

.08 DUI Legislation Act 24, which lowered Pennsylvania's legal limit of alcohol from .10 to .08, was signed into law on September 30, 2003. The new Driving Under the Influence (DUI) Law creates a tiered approach toward DUI enforcement and treatment, and includes many changes to the penalties, terms of suspension, fines and other requirements. The combination of an individual's Blood Alcohol Content (BAC) level, and prior offenses, determines the licensing requirements and penalties. The new law focuses on treatment for first-time DUI offenders, rather than strictly punishment and suspension.

There are now three levels of DUI:

General Impairment (.08 to .099% BAC) High BAC (.10 to .159% BAC) Highest BAC (.16% and higher) Under the new DUI law minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an accident that injures someone or causes property damage may be subject to the high BAC penalties even if their BAC is not in the high category. Offenders who refuse breath or chemical testing may be subject to the highest BAC penalties. The following charts show the penalties for each of the BAC categories:

General Impairment penalties (Undetermined BAC, .08 to .099% BAC)

No prior DUI offenses ungraded misdemeanor up to 6 months probation $300 fine alcohol highway safety school treatment when ordered

1 prior DUI offense ungraded misdemeanor 12 month license suspension 5 days to 6 months jail time $300 to $2,500 fine alcohol highway safety school treatment when ordered 1 year ignition interlock

2 or more prior DUI offenses 2nd degree misdemeanor 12 month license suspension 10 days to 2 years prison $500 to $5,000 fine treatment when ordered 1 year ignition interlock

The new law creates a higher set of penalties for those having higher BAC levels. It allows for treament at all levels, and requires alcohol highway safety school for all first and second time offenders.

High BAC penalties (.10 to .159% BAC)

No prior DUI offenses ungraded misdemeanor 12 month license suspension 48 hours to 6 months prison $500 to $5,000 fine alcohol highway safety school treatment when ordered

1 prior DUI offense ungraded misdemeanor 12 month suspension 30 days to 6 months prison $750 to $5,000 fine alcohol highway safety school treatment when ordered 1 year ignition interlock

2 or more prior DUI offenses 1st degree misdemeanor 18 month license suspension 90 days to 5 years prison $1,500 to $10,000 fine treatment when ordered 1 year ignition interlock

3 or more prior DUI offenses 1st degree misdemeanor 18 month license suspension 1 to 5 years prison $1,500 to $10,000 fine treatment when ordered 1 year ignition interlock

For those at the highest BAC levels, the new law has strict penalties, but also allows for treatment. This even-handed approach allows for individuals to receive counseling for their alcohol problem, while still penalizing those who choose to continue the dangerous practice of drinking and driving.

In addition, drivers under the influence of controlled substances and those who refuse breath or chemical testing are subject to the highest BAC category penalties.

Highest BAC penalties (.16% and higher) or Controlled Substance

No prior DUI offenses ungraded misdemeanor 12 month license suspension 72 hours to 6 months prison $1,000 to $5,000 fine alcohol highway safety school treatment when ordered

1 prior DUI offense 1st degree misdemeanor 18 month license suspension 90 days to 5 years prison $1,500 to $10,00 fine alcohol highway safety school treatment when ordered 1 year ignition interlock

2 or more prior DUI offenses 1st degree misdemeanor 18 month license suspension 1 to 5 years prison $2,500 to $10,000 treatment when ordered 1 year ignition interlock

The following outlines specific components of the new law, and changes from the previous law that impacts DUI drivers.

Blood Alcohol Content (BAC) Levels The Blood Alcohol Content (BAC) level for per se* DUI is lowered to .08%. -Effective September 30, 2003

Penalties for DUI will be based on BAC and prior offenses. -Effective February 1, 2004

Accelerated Rehabilitative Disposition (ARD) Requires courts to impose suspensions for BAC ARDs based on the following BAC ranges:

Less than .10% - no suspension, .10% to less than .16 - 30 day suspension, or .16% and above - 60 day suspension -Effective February 1, 2004

License Suspensions Suspensions will be imposed as follows:

BAC below .10% and incapable of safe driving: No suspension for first offense if the driver meets certain criteria; 12 month license suspension for second or subsequent offense. BAC greater than or equal to .10% and less than .16%: 12 month license suspension for first and second offense. 18 month suspension for third or subsequent offense. BAC greater than or equal to .16%: 12 month license suspension for first offense. 18 month suspension for second or subsequent offense. Out-of-state DUI convictions: No suspension for first offense; 12 month license suspension for second or subsequent offense. -Effective February 1, 2004

DUI Treatment and Evaluation Treatment and evaluation processes are geared to rehabilitation. -Effective - Phased-In Through 2009

Ignition Interlock Drivers who receive a second or subsequent DUI violation on or after September 30, 2003, can no longer serve an additional one year suspension in lieu of obtaining an ignition interlock device. Drivers are required to install ignition interlock on all vehicles owned (including leased) before driving privileges can be restored. -Effective September 30, 2003

Additionally, the following exemptions and penalties have been added:

Financial Hardship Exemption:Drivers may apply for an exemption from the requirement to install the ignition interlock device on all of their vehicles. If the exemption is granted, ignition interlock installation will only be required on one vehicle. -Effective February 1, 2004

Employment Exemption:Under certain circumstances, ignition interlock restricted drivers may operate employer owned vehicles but only in the course and scope of employment. The employee must notify the employer of the ignition interlock restriction and carry proof of employer notification on a PennDOT form. The employer owned vehicle cannot be a school bus/vehicle or large passenger vehicle. -Effective February 1, 2004

Ignition Interlock Violations:Individuals convicted of driving without or tampering with the ignition interlock device will have their ignition interlock period extended 12 month from the date of conviction for the first offense and will have their driving privileges suspended for 12 months for the second or subsequent offenses. Upon restoration they must comply with ignition interlock for 12 months. Individuals, whose driving privileges are suspended during the ignition interlock period for a non-ignition interlock violation, must complete the ignition interlock period upon restoration. -Effective February 1, 2004

Occupational Limited Licenses (OLL's) First time DUI offenders may be eligible for an OLL after serving 60 days of their suspension. Individuals whose licenses are suspended for 18 months (for DUI or refusing breath or chemical testing) and have no more than one prior offense may be eligible for an OLL with an ignition interlock after serving 12 months of their suspension. In addition, first time underage drinking violators may be eligible for an OLL. -Effective February 1, 2004

Expungement of Accelerated Rehabilitation Disposition (ARD) Records PennDOT will automatically expunge ARD records after 10 years providing a person's operating privileges were not revoked as a habitual offender and/or the person was not a commercial driver at the time of the violation. -Effective February 1, 2004

Credit (Suspension) Individuals suspended for driving a vehicle not equipped with an ignition interlock device or driving under a DUI-related suspension, with a BAC of .02% or greater cannot receive credit for their suspension until jail time has been served. -Effective February 1, 2004

Implied Consent/Breath or Chemical Testing Suspensions for individuals who refuse to submit to breath or chemical testing may be increased. Breath or chemical testing may now be required for individuals who are arrested for driving under a DUI-related suspension or driving without an ignition interlock device. -Effective February 1, 2004

* "Per se" is a Latin phrase that means "by itself." Evidence that a person drove, operated or was in control of a motor vehicle with a BAC of .08% or higher is enough by itself to convict the person of DUI. A person with BAC less than .08% might still be convicted of DUI is there is evidence that he or she imbibed enough alcohol to make him or her incapable of safely driving, operating or being in control of a motor vehicle.

POSSIBLE REASONS FOR SUSPENSION OF A PA. DRIVER'S LICENSE

Accumulating for the second time six or more points on your license. Failure to stop for a school bus with flashing red lights. Driving without car insurance. Driving under the influence (DUI) could lead to immediate suspension, depending on your blood alcohol content (BAC) and whether or not you're a repeat offender. Failure to attend a PennDOT hearing after being ticketed for driving 31 mph or more over the speed limit. Suspensions usually last a fixed amount of time and can then be lifted by filing an application for reinstatement and paying a fee.

Revocation, Reinstatement, Probationary License - PENNSYLVANIA

Possible Reasons for Revocation

Fleeing a police officer. Vehicular homicide. Fleeing an accident you were involved in. Getting caught driving with a suspended license. Racing other cars on a highway. As opposed to suspensions, revocations are not "lifted" after a length of time has expired. Instead, you will need to apply for a new license from scratch after the waiting period ends, in addition to paying a reinstatement fee.

Notification You will be notified by mail that your license has been either suspended or revoked. You then must surrender your license to PennDOT by either mailing it or dropping it off along with a completed Acknowledgement of Suspension/Revocation/Disqualification/Cancellation. Failure to do so will prompt a visit by the police. Drop off or mail your license and the acknowledgement form to:

PennDOT Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693

Reinstatement Once your suspension or revocation has expired, you may resume driving again provided you show proof of insurance and have paid all fines and reinstatement fees. Points on your record, regardless of how many or how few you had prior to your sentencing, will stand at five.

Probationary License Drivers who have had their licenses suspended or revoked for five years or more can, under most circumstances, apply for a probationary license that restores noncommercial driving privileges between 6 a.m and 7 p.m. Motorcycles, mopeds, and commercial licenses are not covered under this special allowance.

To apply, you need to complete a Probationary License Petition and pay an $85.25 application fee. Should your application be denied, $25 of that fee is nonrefundable. Send the application and fee to:

PennDOT Bureau of Driver Licensing OLL/PL Unit P.O. Box 68689 Harrisburg, PA 17106-8689