by
Damon Hopkins
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August 1, 2018
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Blog
In order to obtain a Protection from Abuse Order (PFA) in PA, the following steps must be completed:
- Must fall under the qualifications of obtaining a PFA in Pennsylvania
- Fill out a request for a PFA at your County’s PFA office
- Appear briefly in person before a judge who will grant or deny your PFA on a temporary basis
- Attend the Final Hearing on your PFA where you & your attorney present evidence OR the defendant consents to the granting of the PFA
The PFA process is intended to provide relief for a victim from his or her abuser. Many individuals relate Protection from Abuse Orders (âPFAâ) to Restraining Orders. In fact, those terms are often used interchangeably. However, the PFA process is not considered part of the criminal system, and a restraining order is. While criminal charges can come from actions leading to a PFA, the PFA process itself is civil. Attorney Damon C. Hopkins has dedicated over two decades of his life to serving those involved with PFAâs, needing to get a PFA, or defending people who have been wrongfully accused and been served a temporary PFA in Erie, Harborcreek, Cory, Girard, and surrounding areas in PA. As a PFA attorney, Damon C. Hopkins has experience working with the PFA laws in Pennsylvania and devotes his time and effort to find the best solution for every case.
What are the Requirements to Obtain a PFA in Pennsylvania?
There is a common misconception that any individual can obtain a PFA against another individual. In reality, only a specific group of people can obtain a PFA against someone who harasses them. PFAâs are administered under two Pennsylvania statutory sections, which determines the PFAâs reach and limitations. The two Pennsylvania statutory sections are:
- “Domestic Abuse” situations
- “Sexual Violence by a Stranger” situations
Domestic Relations
Pennsylvania law, specifically 23 Pa.C.S. Section 6102, defines âAbuse,â âVictim,â and other terms for the reader to clearly understand the text of the law. With doing so, the Protection from Abuse statute dictates who can request a PFA in PA. In order to obtain a PFA, the abuser must have been one of the following to the victim:
- A family or household members
- A sexual or intimate partners
- A person who share biological parenthood
Thus, the âDomestic Relationsâ section does not allow a PFA to be ordered against a stranger, co-worker, etc.
Section 6102 also dictates under what circumstances a PFA can be given. In Pennsylvania, a PA PFA can be given only when the perpetrator has engaged the victim in one or more of the following:
- Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon.
- Placing another in reasonable fear of imminent serious bodily injury.
- The infliction of false imprisonment pursuant to 18 Pa.C.S. Section 2903 (relating to false imprisonment).
- Physically or sexually abusing minor children, including such terms as defined in Chapter 63 (relating to child protective services).
- Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury. The definition of this paragraph applies only to proceedings commenced under this title and is inapplicable to any criminal prosecutions commenced under Title 18(relating to crimes and offenses.)
Sexual Violence by a Stranger
Pennsylvania broadened its PFA law on July 15, 2015, through statute at 42 Pa.C.S. section 62A01. Section 62A01 protects victims of âsexual violenceâ or âintimidation.â âSexual violenceâ is defined as âconduct constituting a crime under any of the following provisions between persons who are not family or household members.â Meanwhile, âintimidationâ is defined as âconduct constituting a crime under either of the following provisions between persons who are not family or household membersâ(Pennsylvania General Assembly.) âSexual violenceâ and âintimidationâ relates to various sexual crimes and covers sexual crimes that occur outside of family or household members, which the domestic relations section does not address. In short, unlike domestic relations situations, sexual violence by a stranger situations protects non-family or household members.
The Process of Requesting a PFA in Pennsylvania
The process for obtaining a PFA in Pennsylvania is relatively quick. Nevertheless, each county follows a different process to receive a PFA order. For example, Erie County in a non-emergency situation will have a victim go to the PFA office and request a Protection from Abuse Order. A judge will determine to grant or deny a temporary Protection from Abuse Order. Whether denied or granted, the victim and the alleged perpetrator will have a right to a hearing for a final determination to be made. Assuming a temporary order is issued, the temporary PFA will last up to 10 days, within which time a Judge schedules a final hearing where both sides will present their positions and evidence. To obtain a PFA in Erie County, PA, go to Erie Countyâs Office of Protection from Abuse.
Advantages of Consenting to a PFA
It is important to note that the two parties, typically through their attorneys, can avoid a PFA hearing and agree to the terms and length of the PFA, the maximum still being three years. Reaching an agreement without a trial can benefit both the victim and the perpetrator. The victim does not risk the Judge dismissing the PFA, obtains a court order making the PFA final for his or her protection, and avoids having to testify. The alleged perpetrator does not admit to any of the underlying PFA facts and is merely agreeing to stay away from the victim. Overall, PFAâs can have significant effects on both the victim and the alleged perpetrator’s life. Contact Attorney Damon C. Hopkins for an experienced PFA Lawyer to represent you in Pennsylvania.
Choosing PFA Attorney Damon C. Hopkins
Attorney Hopkins understands that each PFA case is unique and he takes the time to understand your particular situation and will develop solutions that meet your needs. As both a fighter and fixer, Damon C. Hopkins possesses a sophisticated legal knowledge that allows him to handle a wide range of legal matters. If you find yourself in need of an attorney to help obtain a PFA or defend against one, and are located anywhere in Erie County, Pennsylvania, including the City of Erie, Corry, Fairview, Girard, Harborcreek, Millcreek, North East, or any other surrounding areas, it is important to remember that you are not alone. At Hopkins Law, we understand that youâre in a difficult situation and need a PFA lawyer that cares about you and gives you honest, straightforward advice about potential outcomes and how to proceed.
by
wecreate
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March 6, 2018
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Estate Planning and Administration
Itâs never too early to begin planning for the future. An essential part of the future is undeniably estate planning. Attorney Damon C. Hopkins understands that estate planning is a critical step in protecting and distributing your assets to your loved ones. When you establish a will, you essentially create your own law, governing how your estate will be administered. Damon Hopkins Law is a well-trusted estate and trust attorney that provides estate planning and drafting services for all sizes, types, and complexities of estates. Attorney Hopkins carefully considers all clients’ goals and family situations with factors that include:
Income, estate, gift, generation-skipping transfer, and other tax consequences
Charitable intentions
Life insurance
Retirement and employee benefits developments
Property tax implications
The potential need for long-term nursing or custodial care
If the distribution of your estate is not planned out correctly, there is a chance that the Government may âinheritâ too much of your estate. Instead of letting this happen to something that you’ve worked so hard to build, let Damon C. Hopkins help you.
Attorney Hopkins provides a complete range of estate planning services to clients in Erie, Pennsylvania including:
Wills / Living Wills / Powers of Attorney
Probating Estates
Asset Valuation and Distribution of Estate
Paying Debts of Estate
Attorney Hopkins works closely with accountants, brokers, bankers, and other financial service providers to develop comprehensive estate plans that accomplish our clients’ objectives. When you establish a will, you essentially create your own law, governing how your estate will be administered. If the distribution of your estate is not planned out correctly, there is a chance that the Government may âinheritâ too much of your estate. Recognizing that most clients are primarily concerned with the transfer of property to the next generation, estate attorney Hopkins is well versed in estate law in order for you to take full advantage of wealth transfer opportunities. This helps to minimize costs both during and in the afterlife. Instead of letting this happen to something that youâve worked so hard to build, let Damon C. Hopkins help you.
Wills, Living Wills, and Powers of Attorney
Your will is an important estate planning document that determines the distribution of assets and property to your loved ones after you pass away. Choosing Damon C. Hopkins as your estate attorney provides you with a sophisticated estate plan for all sizes, types, and complexities of estates. Attorney Hopkins will carefully work with you to determine your unique needs. This is essential in guaranteeing that you get the results you want.
Not sure who will make important health care and financial decisions for you when you are no longer able to do so? Establish a power of attorney and a living will so you can rest assured that you are covered if something were to happen to you. By trusting Attorney Hopkins for guidance through the living will or power of attorney process, you will feel confident in the decisions youâre making and receive the assurance that these important documents are completed properly.
Pennsylvania Estate Planning- FAQ Hopkins Law Erie, PA
Damon C. Hopkins provides more than 27 years of experience to people in need of legal assistance in settling an estate of a loved one. He works closely with each estate executor or administrator to ensure that he or she is involved in every facet of the administration, from the initial estate decisions to the final distribution of assets. At other law offices, your estate is handled by a paralegal, but not at Hopkins Law Office. Attorney Hopkins personally handles every estate, taking the time to learn the specific details of your case, looking out for all potential problems, and assuring the timely settlement of the estate.
What Happens if Someone Dies Without a Will?
If someone dies without having a legal will in place (what is known as dying âintestateâ) the dispersion of their assets is determined by the State. In Pennsylvania, your assets will be divided among your closest living relatives.
What is a Living Will?
A living will allows you to make healthcare decisions now if you become ill and unable to communicate those wishes at a later date. A Pennsylvania Living Will is often called an Advanced Directive. Having a living will helps guarantee that someone receives the care that they wish to get if they become incapacitated and canât articulate those at a later time. Living Wills can also include a Medical Power of Attorney, which provides limited authority to a named individual or individuals to make healthcare decisions in your behalf if you are unable to do so.
What is a Power of Attorney?
A power of attorney (POA) is a written authorization to represent or act on another personâs behalf in private affairs, legal matters, and financial transactions. There are multiple types of decisions that the attorney-in-fact can be given the power to make, including the power to:
Make financial decisions
Make gifts of money
Make health care decisions, including the ability to consent in giving, withholding, or stopping medical treatments
Recommend a guardian
Why Should I have a Will and a Trust?
A will is necessary to ensure that your wishes are honored after your death. This includes your choice of estate administrator, who the beneficiaries are, and spells out who the guardians are for minor children. Many estate plans do not require a trust, however; trusts are often essential to ensure the proper management of property that is left to minors, disabled, or irresponsible children. Trusts can also significantly reduce the death taxes of larger estates, too.
What is a Discretionary Trust?
A discretionary trust is created either during the lifetime of the settlor, or through a personâs will for one or more persons, and it explains that the trustee retains discretion to determine the level of assets provided to the beneficiaries of the trust. Under current Pennsylvania law, a properly drafted discretionary trust (that may include a special needs trust) can make assets available for a person with disabilities without disqualifying that individual from important government programs. In order to properly draft a discretionary trust, call estate attorney Damon C. Hopkins.Â
How do I Properly Plan my Estate if Iâm part of an Unmarried Couple in Erie, PA?
For estate planning purposes, couples who are not planning to get married have to be careful to ensure that they have a valid Pennsylvania Will in place, providing each other all assets that they would like their partners to receive should one pass away unexpectedly. This way, their estate will be distributed based on their Will, and not via the PA intestacy laws. Unmarried couples need the assistance of a Pennsylvania Estate Planning Attorney.Â
Do Same-Sex Marriages Have any Special Requirements When Estate Planning?Â
Estate planning challenges remain for many LGBTQ individuals who entered into legal unions before marriage was an option. Estate planning firm Damon Hopkins Law, which works with LGBTQ clients, helps make sure same-sex unions are legitimate in the eyes of the law. Attorney Hopkins highly recommends a careful review of any existing estate planning documents that have been drafted before 2015.
Do Single People Estate Plan? What is the Point if So? Â
Estate Planning for singles is almost identical to if you were planning as a married couple. However, there are some things that are altered. Call Attorney Hopkins, he will make sure all papers are filled out correctly. If you are that single person with no estate plan, do not wait until the last minute. Death bed planning is not fun, and neither is becoming incapacitated and not having named the right people to care for you and your assets. Put a plan in place to take care of yourself now, while you are the decision maker.Â
How to Properly Estate Plan if I am a Veteran?
Whether you’re a veteran or just starting out in the military, planning and preparing your estate is of vital importance. Without proper planning, you have no say about who gets what, and more of your property may go to unintended recipients instead of your loved ones. If you care about how and to whom your property is distributed, you need to prepare your estate plan. Call Attorney Hopkins and work with someone who has over 30 years of experience in estate planning for veterans and their families.
How do I Change My Estate after my Second Marriage in Erie, PA?
Estate planning for second marriages can be complicated, especially when we add separate kids and assets to the equation. The first step to planning with second marriages, with separate kids and assets, is to have a meeting with the couple and find out their goals for estate planning. There are many different ways to create estate planning for second marriages. One way is to leave everything to the other spouse. Another strategy is to leave everything in trust for the kids or grandkids, and allow the trust to be used for the spouseâs benefit during life for health, maintenance, comfort, etc. Attorney Damon Hopkins understands the complications and will discuss all options that could best suite for your situation. Call to schedule an appointment today.Â
by
wecreate
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March 7, 2018
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DUI/DWI | Drunk Driving Attorney- Erie, PA
Consequences for drunk driving, also known as DWI and DUI are serious. If you live anywhere in Erie County, including the City of Erie, North East, and Corry, PA, and have been convicted, you could be confronted with incarceration, license suspension, inability to be insured, fines, and court costs. Whether you are dealing with your first DUI offense, an underage DUI or worse, quickly contacting Attorney Hopkins will guarantee that your rights are protected.
Learn about the new Pennsylvania DUI law and how people can keep there license in certain cases.
Donât Overpay for Your Mistake
A first time DUI is already going to be an expensive mistake. Don’t overpay for it by using an attorney who charges too much just because they think you’ll pay it. Attorney Hopkins’ fee for a first time DUI, with no prior criminal record, is a fixed $1,200.00. That’s far less than what other, less experienced, attorneys charge. Why does he charge so much less? Attorney Hopkins believes you’ve been through enough hassle already; there’s no reason you should pay through the nose for a first-time mistake. Read more about how we can keep you out of jail and erase your record here.
Consequences for Receiving a DUI/DWI
In Pennsylvania, choosing to drive after having just a couple of drinks can result in a drunk driving charge. You made a poor decision putting yourself and others at risk which now may have grave consequences including:
Jail or prison time
Electronic monitoring
License suspension
Insurance increases
Inability to get insurance
Court costs and fines
Driving school requirements
Just because you made a bad mistake doesn’t mean it has to ruin your life. Attorney Hopkins is a fighter and a fixer with a track record of success. He will fight for your rights, seeking the best possible options available in your case. He will work with you to reduce the impact your mistake will have on your life and the lives of those around you.
College Students and Minors
Unfortunately, young people often find themselves in situations involving drugs and alcohol. The opportunity to make poor choices, such as underage drinking or driving under the influence, is regularly present. Consequences of conviction often mirror those given to adults. Our firm has a history of working with families to decrease the impact today’s choices may have on tomorrow’s future. We represent students, not only in criminal cases but at school administrative hearings as well. We have represented many students at local colleges in Erie and surrounding areas like Gannon University, Penn State Behrend, Edinboro University of Pennsylvania, Allegheny College, and Mercyhurst College.
How Can an Attorney Help you with DUI Charges?
Itâs difficult for someone with no legal experience or training to assess the strengths and weaknesses of a DUI case. DUI law is complicated and constantly changing, and the facts of every case are unique. So, getting the opinion of an experienced DUI lawyer can be valuable. Most DUI lawyers give prospective clients a free consultation. But even if you have to pay a small fee, it’s likely money well spent. Bring your police report and any other case documents you have to the consultation to make the best use of your time. It might also help to bring a list of questions you want to get answered.
Do I have a Right to an Attorney When Iâm Stopped by an Officer and Asked to Take a Field Sobriety Test?
As a general rule, there is no right to an attorney until you have submitted to, or refused blood, breath, or urine testing. In Pennsylvania, you do not have a right to an attorney prior to deciding whether to submit to field sobriety tests or chemical testing.
The Officer Never Gave me a Miranda Warning: Can I get my Case Dismissed?
No. The officer is supposed to give a 5th Amendment warning after he arrests you. Often, however, they do not. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest.
Why am I Being Charged with Two DUIâs?
The traditional offense is âdriving under the influence of alcohol to the extent that you are incapable of safe driving.â The second offense is called DUI per se, which means driving with a blood-alcohol concentration over .08%. Both offenses are charged. The defendant can even be convicted of both, but you will only receive a sentence for one offense of DUI.
Can I Represent Myself? What can a Lawyer do for Me?
You can represent yourself, however, it is not a good idea. DUI is a very complex field with harsh consequences. Complicated procedural, evidentiary, constitutional, sentencing, and administrative license issues are constantly being dealt with in a single case. What can a lawyer do? A qualified attorney can review the case for defects, suppress evidence, miscalibration and neglected maintenance records for the breath machines, negotiate for a lesser charge or reduced sentence, obtain expert witnesses for trial, contest the administrative license suspension, etc.
What is a Rising BAC Defense?
It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of drivingânot at the time of being tested. Since it takes between 45 minutes and 3 hours for alcohol to be absorbed into the system, an individualâs BAC may continue to rise for some time after he is stopped and arrested. Commonly, it is an hour or more after the stop when the blood, breath or urine test is given to the suspect. In other words, the test result shows a blood-alcohol concentration above the legal limitâbut his actual BAC at the time of driving was below. However, in Pennsylvania, the law prohibits anyone from driving after drinking alcohol where their BAC is above .08% within 2 hours after they last drove a vehicle. Â In Pennsylvania, that means you could have driven while your BAC was under the legal limit, and still be convicted of DUI due to a ‘rising BAC’.
What Defenses are there in a DUI Case?
Potential defenses in a given drunk driving case are almost limitless due to the complexities of the offense but are occasionally broken down into the following categories:
- Driving. Impairment is not enough: the prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of accidents, there are no witnesses to his being the driver of the vehicle.
- Probable cause. Sobriety roadblocks present particularly complex issues. Evidence will be suppressed if the officer did not have legal cause to stop, detain, or arrest a person.
- âUnder the influenceâ. The officerâs observations and opinions as to intoxication can be questionedâthe circumstances under which the field sobriety tests were given, for example, or the subjective nature of what the officer considers as âfailingâ. Witnesses can testify that you appeared to be sober.
- Blood-alcohol concentration. There exists a wide range of potential problems with blood, breath or urine testing. âNon-specificâ analysis, for example, most breath machines will register many chemical compounds found on the human breath as alcohol. This and other defects in analysis can be brought out in cross-examination of the stateâs expert witness, and/or the defense can hire its own forensic chemist.
- Regulation of blood-alcohol testing. The prosecution must prove that the blood, breath, or urine test complied with state requirements as to calibration, maintenance, etc.
Can I Refuse a Breathalyzer? What Happens?
Many states have various laws that require chemical tests from a suspect after an arrest has been made. In the states that criminalize refusal, when someone does refuse these tests, he or she may have their driverâs license suspended. The person has already given consent to allow chemical tests to be performed as a condition of being a licensed driver in that state. When a personâs level has been met or surpassed, consequences may lead to DUI charges based on evidence through a breathalyzer test. In Pennsylvania, a person faces harsh penalties and automatic license suspensions if they refuse a breath test.
When is Drinking and Driving Illegal?
The blood alcohol level law enforcement officers look for with those driving is .08 or above in most states. At this level, the person driving is considered legally drunk. For those driving commercial vehicles, the legal limit is .04 or less. If the person driving is under the age of 21, his or her blood alcohol level cannot exceed .02 or .01 in most states.
The Tortellini Web Directory
by
Damon Hopkins
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January 12, 2023
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Blog
Pennsylvania Ignition Interlock Limited License (I.I.L.L.):Â Do I have to get one, if so, when can I get it, and how long do I have to keep it?
Youâve received a notice from PennDot that says your license is suspended due to a DUI conviction; or due to an ARD disposition of a DUI; or due to you refusing to submit to a breath or blood test. So, what does all of this actually mean to you?
Length of Suspension
If your suspension is due to a DUI conviction, meaning you plead guilty and received a sentence from the Court, then your license suspension will be for at least 1 year. (Longer if youâve had prior DUIs)
If your suspension is due to an ARD disposition of your DUI, meaning youâve been placed in the Accelerated Rehabilitation Disposition (ARD) program, then your license will be suspended for 30 days, 60 days, or 90 days, depending on your BAC and/or age.
If your suspension is due to you refusing to submit to a breathalyzer or blood test of your blood alcohol level (BAC), then your license suspension will be for 1 year, unless youâve had a prior DUI or prior conviction for refusing a BAC test, then it will be for 18 months.
Do I have to get an I.I.L.L.?
ARD SUSPENSION:
If your license is suspended due to an ARD disposition of your DUI, and you do not have any prior DUIs, then you will not be required to get an I.I.L.L. prior to being re-issued your unrestricted driverâs license. You can simply refrain from driving during the 30, 60, or 90 day suspension, and then apply to have your unrestricted license re-issued to you once the suspension is complete.
However, you may still want one. In this scenario, you could keep driving during the period of your license suspension, once you have an Ignition Interlock installed in your vehicle, and you obtain an I.I.L.L.
DUI CONVICTION & REFUSAL SUSPENSIONS:
If your suspension is due to a DUI conviction OR due to you refusing to submit to a breathalyzer or blood test of your blood alcohol level (BAC), you will be required to get an I.I.L.L. prior to being re-issued your unrestricted driverâs license. You must have an I.I.L.L. for a period of 1 year before PennDot will re-issue your unrestricted driverâs license.
The 1 year of mandatory I.I.L.L. is calculated from the first day you have your I.I.L.L. No duh, right? So why did I mention that? Because in most cases you can get the I.I.L.L. at some point during your license suspension so that you can drive your vehicle with the Ignition Interlock installed. So say youâre suspended for a year, and you get the I.I.L.L. 6 months before your actual suspension is finished. Now, you get to drive for the last 6 months of your suspension instead of walking; And when your suspension is over, youâll only have 6 more months of the mandatory I.I.L.L. before you can get your unrestricted driverâs license.
On the other hand, if you refrain from driving during the whole 1 year suspension. After your suspension is over you will still have to get an I.I.L.L., and keep it for an entire year before they will re-issue your unrestricted driverâs license.
This sort of makes it a no-brainer that you should obtain your I.I.L.L. as soon as you possibly can.
When can I get an I.I.L.L.?
ARD SUSPENSION:
You are immediately eligible to apply and obtain your I.I.L.L. You should apply for the I.I.L.L. as soon as you get your suspension letter from PennDot. Remember, before they will issue you an I.I.L.L., you have to get the Ignition Interlock device installed in your vehicle.
DUI CONVICTION:
If you have no prior DUI offenses, as defined by 75 PaCSA §3806, then you are immediately eligible to apply and obtain your I.I.L.L. You should apply for the I.I.L.L. as soon as you get your suspension letter from PennDot. Remember, before they will issue you an I.I.L.L., you have to get the Ignition Interlock device installed in your vehicle.
If you do have a prior DUI offense, as defined by 75 PaCSA §3806, then you must serve 6 months of your suspension before you are eligible to apply and obtain your I.I.L.L. You should mark your calendar for 6 months after your suspension date, and apply as soon as those 6 months have passed. Remember, before they will issue you an I.I.L.L., you have to get the Ignition Interlock device installed in your vehicle.
Contrary to what you may think when you read the PennDot suspension letter, they will not notify you when you are first eligible to obtain your I.I.L.L. They will only notify you at the end of your suspension that you are mandated to have an I.I.L.L. before you can get your unrestricted license back.
REFUSAL SUSPENSIONS:
If you have no prior refusal offenses and no prior DUI offenses, as defined by 75 PaCSA §3806, then you must serve 6 months of your suspension before you are eligible to apply and obtain your I.I.L.L. You should mark your calendar for 6 months after your suspension date, and apply as soon as those 6 months have passed. Remember, before they will issue you an I.I.L.L., you have to get the Ignition Interlock device installed in your vehicle.
If you do have a prior refusal offense, or a prior DUI offense, as defined by 75 PaCSA §3806, then you must serve 9 months of your suspension before you are eligible to apply and obtain your I.I.L.L. You should mark your calendar for 9 months after your suspension date, and apply as soon as those 9 months have passed. Remember, before they will issue you an I.I.L.L., you have to get the Ignition Interlock device installed in your vehicle.
Contrary to what you may think when you read the PennDot suspension letter, they will not notify you when you are first eligible to obtain your I.I.L.L. They will only notify you at the end of your suspension that you are mandated to have an I.I.L.L. before you can get your unrestricted license back.
by
Damon Hopkins
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January 29, 2019
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Blog
DUI, Driverâs License Suspensions, and Limited Licenses Pennsylvania has created a new law which may allow persons convicted of DUI to still drive during the time that their license is otherwise suspended. Those who have been convicted of DUI, or entered the ARD program for a DUI, may be able to continue to drive their vehicle if they have an Ignition Interlock device installed and obtain an ignition interlock limited license from PennDOT. Determining if you are eligible can be tricky, as the law is very confusing. We strongly suggest you consult with Attorney Hopkins about your DUI case, and he will help you determine if you can keep driving.
Determining Eligibility for an Ignition Interlock Limited License (IILL) Â
Once you discover you are eligible, you must obtain an ignition interlock limited license (IILL) from PennDOT before you can drive. The application process under the new ignition interlock law can be very confusing. In order to avoid problems with your IILL application, you should follow the steps below:
- A couple weeks after your DUI sentencing, or entry into ARD, you will receive a suspension letter from PennDOT officially notifying you of the license suspension.
- Surrender your license to PennDOT. You can do this by certified mail or by taking your license and suspension letter to your local PennDOT license center. Always get a receipt.
- Select an ignition interlock vendor. I suggest you go to the Pa DUI Association website and click on the Ignition Interlock Vendors link in the middle of the homepage, or call 1-800-627-2384. Attorney Hopkins has partnered with a major ignition interlock vendor which allows his client’s to qualify for a free basic installation and first month free, when their suspension is 12 months or longer.
- Contact the vendor of your choice to schedule an appointment to install the ignition interlock device. There will be an installation fee and a monthly equipment rental fee. Installation fees may vary from vendors, so shop around. Currently, the average costs associated with renting an Ignition Interlock system is between $900 to $1,300 per year.
- Prior to taking your vehicle for the install, you need to complete two PennDOT forms: The IILL Petition (DL-9108) and Self Certification of Vehicles to be Completed form (DL-9108SC). You can download these directly from the PennDOT website.
- On the day of the install, take with you the PennDot suspension letter and the forms from step 5. Have the vendor install the ignition interlock device and complete Section D of the self-certification form (DL-9108SC). The vendor will keep a copy and return the original form to you.
- The completed DL-9108, DL-9108SC must be filed by certified mail and must include the $65 application fee, and any other required fees. Everything gets sent to the following address:
“Pennsylvania Department of Transportation Bureau of Driver Licensing Restorations Unit, Ignition Interlock License
P.O. Box 68273
Harrisburg, PA 17106-8273″
- Within 3 to 4 weeks of receiving your petition, PennDOT will inform you in writing of whether you are eligible for an IILL.
Damon C. HopkinsâDUI and Criminal Defense Lawyer
If you find yourself in need of a DUI/DWI attorney and are located anywhere in Erie County, Pennsylvania, including the City of Erie, Corry, Fairview, Girard, Harborcreek, Millcreek, North East, or any other surrounding areas, it is important to remember that you are not alone. Attorney Hopkins understand that youâre in a difficult place and need a lawyer that cares about you, your unique circumstances, and will give you honest, straightforward advice about potential outcomes and how to proceed. Having worked as a criminal prosecutor for eight years, he has the knowledge and litigation experience to provide spectacular representation to clients in need of legal assistance in criminal defense, DUI/DWI, juvenile delinquency, and traffic violations.
Contact us to schedule a free consultation for your DUI charges
