View Full Version : 2 dui merge?
22frompa
Mar 1, 2009, 12:23 AM
Im 22 years old from PA and I recently had 2 dui's with highest BAC. Both times about 3 months apart, on my sentencing papers from the judge it says to merge the 2 counts, what exactly does that mean? Also currently I am on dui probation, and on the court papers there is a checklist of mandatory things I must do such as complete alcohol highway safety classes etc. one of the things that isn't checked off is "Random testing atleast ____ times a month" with that NOT being checked off or an amount of times to be tested each month filled in should I still expect to receive drug testing from my PO? (I have already seen him twice very briefly and I haven't got tested, he just asked me if everything was going OK and if I had any problems)... and last but not least on my sentencing papers, it says my license is supposed to only be suspended for 18 months but a letter from penndot says about twice that amount? I'm very curious for answers since I chose to get a public defender and she didn't really explain much to me and she was also wrong about a few things she did explain to me. I would appreciate it greatly if someone can answer me these few questions... thank you
topend
Mar 1, 2009, 11:08 AM
To merge them means to run your sentences concurrent or put another way, together. For example, if you were sentenced to two 5 year terms, them you would only serve 5 years, as opposed to 10. They generally don't random test guys with alcohol offenses, because it doesn't stay in your system long like other drugs. But yes, they will still test you at some point and they won't let you know when. Your license is suspended for as long as the motor vehicle dept. says it is. They have the last say.
22frompa
Mar 3, 2009, 02:05 AM
I live in PA and I'm 22 years old. I was recently convicted of 2 DUI's about 3 months apart from each other. Since my blood alcohol was classified in the highest bracket, it was considered a first degree misdemeanor in PA. In PA a first degree misdemeanor prevents you from purchasing and owning firearms. I have researched this matter and have heard you can have your gun rights restored by pleading your case in the court of common pleas. Is this true? Being that they are dui's and other than that my record is clean would it be easier for me to get them restored than if say I had violent crimes, gun crimes, or just any other crimes in general? And generally speaking are gun rights normally hard to get restored? Also is there a certain period you must wait after your conviction before trying to get your rights restored? I would love an accurate answer on this matter because I have always wanted to own/collect guns, and I had no idea whatsoever that a misdemeanor could even prevent you from owning guns, I thought it was only felonies and PFA's or restraining orders. I just found out recently when my probation officer asked me if I had any guns in my house, which I don't, it made me wonder why he asked me that and that's when I found out about the whole first degree misdemeanor deal. So if anyone can give me an accurate answer I would greatly appreciate it. Thank you
JudyKayTee
Mar 3, 2009, 06:40 AM
Did you lose your rights as part of a plea deal, part of a sentence, part of probation?
JudyKayTee
Mar 3, 2009, 06:41 AM
Please post related questions ONCE on the same thread.
22frompa
Mar 3, 2009, 10:33 PM
Did you lose your rights as part of a plea deal, part of a sentence, part of probation?
I had plead guilty to two dui's about 3 months apart from each other. I went to court one time and plead guilty to both on the same day. Since my blood alcohol was so high it was bumped up to a first degree misdemeanor, which causes you to lose your gun rights.
first degree misdemeanor, which causes you to lose your gun rights.
That may be possible in PA to lose your gun rights as part of your sentencing, but it's most likely not permanent. To lose your gun rights permanently it would have to be a misdemeanor of domestic violence, or an outright felony.
22frompa
Mar 7, 2009, 03:09 AM
That may be possible in PA to lose your gun rights as part of your sentencing, but it's most likely not permanent. To lose your gun rights permanently it would have to be a misdemeanor of domestic violence, or an outright felony.
Hmmmm I really do hope so, but I have been doing a lot of research and I haven't seen anything about losing them temporarily, also I was on like a lawyer website and it stated on the site "dui can cause you to lose your gun rights forever" and it also stated that most attorneys aren't even aware of that. I googled "losing gun rights" "restoration of gun rights" "loss of gun rights due to dui"and a bunch of other things and I haven't seen anything about losing them temporarily, the only thing I did see is that you can have them restored by completing your sentence successfully and then going back to court to ask to have them restored. You could be right, I'm not saying your wrong but I just have not seen anything about losing them temporarily... if anyone else wants to comment on this feel free because I can't seem to find answers
22frompa
Mar 7, 2009, 03:29 AM
That may be possible in PA to lose your gun rights as part of your sentencing, but it's most likely not permanent. To lose your gun rights permanently it would have to be a misdemeanor of domestic violence, or an outright felony.
How A Pennsylvania DUI Can Cost You Dearly If You Are A Hunter or Own Firearms For Self Defense
Did you get a Pennsylvania DUI and you're a hunter? Or do you own firearms for self defense?
You probably do not know it, but a DUI conviction could cause you to lose your right to own guns forever!
Most lawyers do not know this, either.
Equally as important, most lawyers do not know that all DUI charges are not graded the same. That is significant.
Because if your DUI is graded as a first degree misdemeanor and you’re convicted, you lose your gun rights forever
I got that from a lawyer website... my dui was a first degree misdemeanor
JudyKayTee
Mar 7, 2009, 06:52 AM
im very curious for answers since i chose to get a public defender and she didnt really explain much to me and she was also wrong about a few things she did explain to me. i would appreciate it greatly if some1 can answer me these few questions... thank you
You chose to have a public defender? In NY you either can afford a private Attorney OR you're assigned a pubic defender, no choice involved.
Perhaps PA takes the position that if you are twice intoxicated and behind the wheel of a car you also cannot be trusted with a firearm.