Pennsylvania does not recognize that any citizen has a right to drive. Our Commonwealth has determined that driving is a mere privilege. It’s easier to take away one's privilege than to take away one's rights. In other words, Pennsylvania suspends driving privileges for many reasons. In many instances, drivers are completely unaware that they are under suspension. Please choose the subsections that apply to your particular situation. If your situation is not listed below contact us for a consultation. In most instances, we can help. Attorneys Crosby & Sughrue work with clients to help restore the driving privileges. License restoration is handled on a case by case basis. Each driver’s situation is unique to his or her own driving record. In many instances Crosby & Sughrue may argue for credit with Penn Dot. Some drivers are entitled to credit and are not receiving proper credit time. Typically, this begins as an informal process by telephone, mail and facsimile. In some instances an administrative appeal must be filed and a trip to Harrisburg is necessary. The object is to accelerate ones restoration date. Hopefully you are not yet convicted at the District Court. If already convicted, you have thirty days to file a summary appeal. We handle these on a routine basis. An untimely "nunc pro tunc appeal" may be necessary in some instances. A nunc pro tunc is a limited legal tool used to open old convictions and can be extremely beneficial to some drivers. There must be a breakdown in the process for this to apply. Call our lawyers to discuss this option. Alternatives to restoration are applying for a probationary license or limited license. Visit our other subsections for a review of these types of licenses or contact us for a consultation to see if you qualify. Please refer to "The Criminal Process" page for information on your rights and the criminal process. Refer to "Sample Criminal Cases" for representative case summaries.
 Pennsylvania Driver's License Point System
License Suspensions for Criminal Convictions
Habitual Offenders' Suspension
Occupational Limited License
Probationary License
Medical Recalls
Pennsylvania DUI Laws
Every licensed driver in Pennsylvania has a driving record. When a driver is found guilty of driving violations, points are added onto their record. The point system was created to improve driving habits and also to ensure safe driving. After a driving record has accumulated six points or more, certain corrective actions, including license suspension, are taken. The following is a breakdown of the actions taken once a driving record has reached or exceeded six points. Drivers 18 and under
The driver’s license will be suspended if: • Driver’s record has accrued six ore more points.
• Driver is convicted of driving 26mph or more over the posted speed
limit.
Suspension will be for: • 90 days for the first suspension
• 120 days for each additional occurrence
Initial Accumulation of 6 points
Once a driving record has accumulated six points for the first time, the driver will receive a written notice that will instruct them to take a written point examination. This will test the driver’s knowledge of Safe Driving Practices, Departmental Sanctions, and Related Safety Issues. The driver has 30 days to pass the exam, or the license will be suspended until the exam is passed. If the driver successfully passes the exam in the 30 day period, two points will be removed from the driver’s record. Second Accumulation of 6 points
If a driving record reaches 6 points after being reduced below 6, a Departmental hearing for the driver is required. A written notice will inform the driver of the time and place of the hearing. At the hearing, a hearing office will review the driver’s record and then recommend one or more of the following actions: • Order a 15 day license suspension
• Order the driver to take a special on-road driver’s examination
• Take no action
If it is recommended that the driver takes the special driving examination and the driver passes the examination within 30 days, two points will be removed from the driving record. If it is recommended that the driver’s license be suspended for a 15 day period, two points will be deducted from the driving record once the suspension is complete. No points will be removed if the Department takes no action. If the driver does not attend the Departmental hearing, his/her license will be suspended for 60 days. Excessive Speeding
If a driver is convicted for speeding 31 miles per hour or more over the posted speed limit, the driver is required to attend a Departmental hearing. The driver will receive written notice detailing the time and place of the exam. A hearing officer will review the driver’s record and one or both of the following will be recommended: • Order a 15 day license suspension
• Order the driver to take a special on-road driver’s examination
If the 15 day suspension is implemented, the driving record will show 5 points once the license has been restored. The number of points on the driver’s record will remain the same if a driver’s examination is initiated and completed. If the driver does not attend the Departmental hearing, his/her license will be suspended for 60 days. Accumulation of 11 or more points
A driver’s license will automatically be suspended upon the accumulation of 11 or more points. The length of suspension varies with the amount of times the license was suspended in the past. The following details the lengths and amounts of license suspension. • First suspension – 5 days per point
• Second suspension – 10 days per point
• Third suspension – 15 days per point
• Subsequent suspensions – One year
Point Removal for Safe Driving
Three points are subtracted for every 12 consecutive months a person drives without receiving a violation that carries points, license suspension or revocation. Once a driving record is reduced to zero and stays at zero points for 12 consecutive months, any further accumulation of points is treated as the first accumulation of points. License Suspension and Restoration
A written notice will be mailed to the driver whose license is to be suspended. This notice will inform the driver the date of suspension. The driver may appeal the suspension to his or her county’s Court of Common Pleas. The driver has 30 days after the mailing date of the notice to appeal. The driver must return the most recent product issued from PennDOT (camera card, learner’s permit, and/or license) to the Bureau of Driver Licensing by the effective date designated in the suspension notice. The appropriate restoration fee must be paid before the license will be returned. Once the driving privilege has been restored the driving record will show 5 points, regardless of how many points were on the record prior to suspension. Notice of Change of Name or Address
You required by law to notify the Bureau of Driver Licensing if you change your name or address. This notification must be in writing and must be sent within 15 days of the change(s).
Pennsylvania Point System
Title 75
Vehicle Code | Description | # of Points | 1512 | Violation of restriction on driver’s license | 2 | 1571 | Violation concerning license | 3 | 3102 | Failure to obey policeman or authorized person | 2 | 3112(a)(3)(i) or (ii) | Failure to stop for a red light | 3 | 3114(a)(1) | Failure to stop for a flashing red light | 3 | 3302 | Failure to yield half of roadway to oncoming vehicle | 3 | 3303 | Improper passing, overtaken driver to maintain speed; passing driver to pull in at safe distance | 3 | 3304 | Improper passing on the right | 3 | 3305 | Improper passing on the left, clear distance ahead | 3 | 3306(a)(1) | Improper passing on a hill | 4 | 3306(a)(2) | Improper passing at a railroad crossing or intersection | 3 | 3306(a)(3) | Improper passing at a bridge or tunnel | 3 | 3307 | Improper passing in a no-passing zone | 3 | 3310 | Following too closely | 3 | 3321 | Failure to yield to driver on the right at intersection | 3 | 3322 | Failure to yield to oncoming driver when making left turn | 3 | 3323(b) | Failure to stop for a stop sign | 3 | 3323(c) | Failure to yield at yield sign | 3 | 3324 | Failure to yield when entering or crossing roadway between intersections | 3 | 3332 | Improper turning around – illegal U-turns | 3 | 3341(a) | Failure to obey signal indicating approach of train | 2 | 3341(b) | Failure to comply with crossing gate or barrier | 30-day suspension and 4 points | 3342(b) or (e) | Failure to stop at railroad crossings | 4 | 3344 | Failure to stop when entering from alley, driveway or building | 3 | 3345(a) | Failure to stop for school bus with flashing red lights | 60-day suspension and 5 points | 3361 | Driving too fast for conditions | 2 | | 3362 | Exceeding the maximum speed limit
6-10 mph
11-15 mph
16-25
26-30
31 and over |
2
3
4
5
5
| 3365(b) | Exceeding special speed limit in school zone | 3 | 3365(c) | Exceeding special speed limit for trucks on downgrades | 3 | 3542(a) | Failure to yield to pedestrian in crosswalk | 2 | 3547 | Failure to yield to pedestrian on sidewalk when entering from a driveway or alley | 3 | 3549(a) | Failure to yield to blind pedestrians | 3 | 3702 | Improper backing | 3 | 3714 | Careless driving | 3 | 3745 | Leaving scene of accident involving property damage only | 4 |
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75 Pa C.S.A. §1532 mandates an automatic suspension of an operator’s privilege for the following criminal convictions. A | Any felony if a vehicle was essential. | 1 year | B | Aggravated assault while DUI | 1 year | C | Accidents involving injuries | 1 year | D | Having altered or forged documents | 1 year | E | Homicide by vehicle | 3 years | F | Racing on highways | 6 months | G | Driving without lights | 6 months | H | Reckless driving | 6 months | I | Accidents involving danger | 6 months | J | Driving without a license, 2nd or subsequent offense | 6 months | K | Fleeing and eluding | 1 year | L | Possession, Possession With Intent to Deliver or Delivery
1st offense
2nd offense
3rd and subsequent offenses |
6 months per count
1 year
2 years | M | § 6308 Underage drinking
1st offense
2nd offense
3rd offense |
90 days
1 year
2 years
| N | §1533 Failure to respond to citations | indefinite | O | Driving while suspended | | P | §1501 Driving without a license
1st offense
2nd Offense |
No suspension
6 months
| Q | §1543 (a) Driving under suspension
non-DUI related
DUI related |
200 fines and costs
1 year suspension
| R | §1543 (b) Driving under suspension. DUI related | 90 day mandatory minimum jail sentence, $1000 fine |
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The Pennsylvania Department of Transportation shall revoke an operator’s driving privilege for an additional 5 years if a person is deemed a habitual offender. A person is a habitual offender if he or she has accumulated three of any of the following convictions, arising from separate incidents within a five year time period.
75 Pa C.S.A. § 1542 Habitual Offenders’ Suspension A | §3367 Racing | B | §3742 Accidents involving death or injury | C | §3743 Accidents involving damage to attended vehicle | D | DUI | E | Homicide by vehicle | F | Fleeing and eluding | G | Driving without lights | H | Aggravated assault by vehicle | I | Reckless Driving |
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Authorized pursuant to 75 Pa.C.S.A. §1553, an Occupational Limited License (OLL) is one of two types of restricted license in Pennsylvania. Practitioners often joke that it is easier to list who is not eligible for this license than who is. The class of persons not qualified for an OLL can be found in Title 75 Section 1553(d), which can be access for free using the library at the Criminal Law Help Center. Attorneys Crosby & Sughrue aid the applicant by attempting to resolve offenses which may prohibit an applicant from receiving an OLL. Attorneys Crosby & Sughrue prosecute OLL applications on behalf of drivers. If a submitted OLL application is denied, Attorneys Crosby & Sughrue appeal the denial to Harrisburg by filing a Petition for an Administrative Hearing. If you are interested in applying for an OLL or if you just want additional information concerning the OLL process, please call or email. TOP OF PAGE
Pennsylvania offers a probationary license to many in state drivers that cannot currently obtain an unrestricted drivers license. A probationary license affords suspended drivers an alternative to waiting for their restoration date. A PL is a restricted license and not everyone can qualify for it. A probationary license typically enables one to drive from 6 a.m. to 7 p.m. unless the department extends those hours. Call our offices and we will review your driving history to see if this is an option available to you. You should bring a restoration requirements letter from Penn Dot as well as a ten year driving history to your appointment. Many Pennsylvanians are unaware of these options and continue to worsen their chances by driving and suffering multiple convictions. TOP OF PAGE
Pennsylvania law requires The Department of Transportation to recall an operators driving privilege if that person suffers from a medical condition and has been deemed incompetent to drive. An operator might wonder how Penn Dot would find this information. Typically, it is the operator’s doctor or treating hospital that has reported the incident. These types of suspensions are indefinite in nature. This means that until one cannot drive until he or she demonstrates that the condition never existed or it existed and is now gone. Typically medical opinion is necessary to counter the department’s claims. Drivers are usually suspended for a visual problem, epilepsy or "other physical or mental standards". If you have received notice from Penn Dot requiring medical testing or recalling your driver’s license, contact our offices to schedule a consultation regarding your options. Time is of the essence once you receive an official notice. A supersedeous must be filed promptly so that you continue driving while we fight for your license. TOP OF PAGE | 
