Before Senate Bill 130 was enacted on July 1, 2020, managing DUI cases was a complex affair. Each case involved two separate hearings: one for the criminal DUI charge and another specifically for the administrative license revocation. This meant that after the initial court proceedings, a second hearing before a judge was required just for the administrative license. With the implementation of the new bill, DUI cases are now consolidated into a single court hearing to determine both the conviction and the associated penalties. The Administrative Hearings group officially closed on July 22, 2021. Any DUI cases that were filed before July 21, 2020, will continue their hearings there until resolved. If a case from that period remains unresolved, it will be temporarily dismissed.
Dealing with the nuances of different DUI cases, especially with the changes brought by Senate Bill 130, can be overwhelming. This is where the guidance of a skilled Pittsburgh DUI attorney can be invaluable in navigating the process. When you need a legal professional, the reputable law group Mountaineer Criminal Law Group is here to help.
Our experienced Pittsburgh criminal lawyer will carefully review your case to ensure you receive a favorable outcome.
The previous court system in Pennsylvania was complicated, featuring dual court hearings for penalties related to driving licenses. Fortunately, this has been simplified to a single hearing. Now, the penalties affecting your license are determined based on the severity of the charges you face in that one proceeding. A Pittsburgh DUI attorney can explain how these changes might impact your specific situation.
Records for various types of administrative revocations are held at the DMV headquarters in Charleston. However, you might be summoned to a regional group for your case hearing. Our Pittsburgh criminal lawyer can provide representation in handling your DUI case, no matter the location.
For all cases filed before the July 1, 2020 deadline, it was possible to have your administrative license confiscated even if you were ultimately acquitted of the criminal charges.
The administrative hearing is a legal proceeding tied to the concept of consent testing. In these hearings, the government’s burden of proof is significantly lower than in a criminal trial, where a citizen’s freedom is at stake. The decision to suspend an administrative license is based on a “preponderance of evidence” standard. In contrast, a criminal court must prove guilt “beyond a reasonable doubt.”
This distinction meant that in the past, a Pittsburgh DUI attorney faced considerable challenges in proving a person’s innocence to prevent license revocation. However, the landscape has changed with Senate Bill 130. The process is now streamlined into a single court appearance where the license revocation is directly linked to the outcome of the criminal charges. This shift has simplified the legal battle significantly.
Our team can assist you in filing an administrative license appeal for cases that predate July 2020. This allows you to bring your case to the Administrative Hearings group in Pennsylvania to receive a final order date. A delay in this process, often caused by a large backlog of cases, could allow you to continue driving for an additional 8-10 months. It is crucial not to miss these hearings, as doing so greatly increases the likelihood of your license being revoked.
At Mountaineer Criminal Law Group, you can speak openly with our Pittsburgh criminal lawyer who will listen to your case, reach out to us (304) 381-3656 and work to ensure you receive the justice you deserve.