LogFAQs > #899588148

So, I pled guilty to a general impairment third offense dui. This is 3802A1.

This should be punishable as shown in following link.

https://static.wixstatic.com/media/f53bb1_870a43aafc73463e9ae7fc7338e8cd85.jpg_srz_980_758_85_22_0.50_1.20_0.00_jpg_srz

^ Third box over, Top Row.

As a M2 - Misdemeanor in the 2nd degree.

I get a letter from Penn Dot saying I have an 18 month license suspension. Should have been 12?

I see they penalized me according to 3804E2II. 3804E2II is as states in bold

Suspension of operating privileges upon conviction.--

(2) Suspension under paragraph (1) shall be in accordance with the following:

(i) Except as provided for in subparagraph (iii), 12 months for an ungraded misdemeanor or misdemeanor of the second degree under this chapter.

(ii) 18 months for a misdemeanor of the first degree under this chapter.

So, I look again. And again a 3802A1 should have been 12 months not 18. This was not a Misdemeanor 1. It was a Misdemeanor 2.

It should have been penalized under the italics, 3804E2I not II.

So, I call Penn Dot. They say, yadda yadda nothing we can do it was filed as an M1. What? The crime is not an M1. So, I call the Clerk of Courts. They say well the paperwork says an M1. I try to calmly explain this is not an M1 offense it is an M2. They tell me to contact an attorney.

So, basically, I am going to be swindled into a longer suspension than I agreed to. This is messed up. This is not in accordance with written law.

http://www.dot.state.pa.us/Public/DVSPubsForms/BDL/BDL%20Fact%20Sheets/fs-iillchart.pdf

^ Third box down is where I should have been punished at.
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LoL ID = imajericho
XBL GT = Corrik