Monthly Archives: July 2013

Pennsylvania Driver’s License Suspension Laws

Posted on July 20 2013 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, your driver’s license will be suspended or revoked if you are convicted of any of the following traffic violations:

-Operating a vehicle while under the influence of drugs or alcohol (DUI);

-Failure to stop when you are driving a vehicle involved in a crash (hit-and-run offense);

-Driving when your driver’s license is already suspended or revoked;

-Second or any additional offense of driving without a valid driver’s license within a five-year period;

-Failure to stop for a school bus with its red lights flashing and stop arm extended;

-Failure to comply with a railroad crossing gate or barrier;

-Driving without lights to avoid identification;

-Fleeing from a police officer;

-Racing on highways;

-Reckless driving;

-Felony involving a vehicle; and

-Homicide by vehicle.

If your driving privilege is going to be suspended or revoked, a written notice will be mailed to you listing the date when the suspension or revocation will begin. Your driver’s license must be returned to the Bureau of Driver Licensing by the effective date of suspension listed on the notice, or the state police and local police will be notified to pick up the driver’s license.

For more information about restoring your driver’s license in Pennsylvania, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

5 Goals of DUI Hotel in Allegheny County

Posted on July 17 2013 by Todd Spivak and Rebecca Canterbury

DUI Hotel, established in late 2010 and modeled after a similar jail-alternative program in Ohio, offers most first-time DUI offenders in Allegheny County an opportunity to complete their sentencing requirements in just four (4) days. Goals of the program include:

(1) Speed Things Up: Reduce the administrative backlog being created by use of probation’s electronic monitoring system.

(2) Save Money: Create a self-sustaining alternative to jail other than house arrest that reduces overall costs to the system.

(3) Make it Easy: Simplify offenders’ ability to complete the required activities and interventions for a first-time DUI offense.

(4) Avoid Probation: Lessen the number of DUI offenders returning to court for probation violations.

(5) Reduce Recidivism: Decrease the number of first-time DUI offenders returning for second and third offenses.

For a free consultation with an Allegheny County DUI lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

How To Change Your Child Support Order

Posted on July 14 2013 by Todd Spivak and Rebecca Canterbury

Child support orders can always be modified. Parents can petition the court to modify their child support order at any time based on a change in circumstance. Courts may change a child support due to any of the following factors:

A parent’s income significantly increases or decreases;
The child now has significant or continuing medical expenses;
There is a change in child care;
There is a change in medical insurance;
The parents now live together;
The child receiving support has turned 18 and graduated from high school;
The child starts living with the noncustodial parent or someone other than the custodial parent
The noncustodial parent is incarcerated
Other substantial changes in circumstance occur

To learn more about changing your child support order, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

3 Types of Bail in Pennsylvania

Posted on July 12 2013 by Todd Spivak and Rebecca Canterbury

Bail is typically set shortly after a defendant’s arrest. In Pennsylvania, courts may not use bail as punishment. Rather, bail is security used to guarantee a person’s appearance in criminal court. There are three types of bail:

(1) Cash Bail

Cash bail requires the posting of the full amount of the face value of the bond. So, for example, a $5,000 cash bond requires the posting of $5,000.

(2) Percentage Cash Bail

This form of bail requires the deposit of 10 percent of the face amount of the bond. For instance, a $5,000 percentage cash bond requires the posting of $500.

(3) R.O.R.

R.O.R., which stands for Release on Own Recognizance, is when a person is released without having to put up any cash in order to guarantee their appearance in court.

You can post bail by cash, real property, private bondsman, or professional surety company. To speak with a Pittsburgh criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Pennsylvania PFA Orders Restrict Contact

Posted on July 7 2013 by Todd Spivak and Rebecca Canterbury

A Protection From Abuse (PFA) order is commonly known as a restraining order or no-contact order. Under Pennsylvania law, “no contact” includes: no physical contact; no phone calls; no emails; no text messages; no mailing letters; no sending flowers, boxes of candy, or gifts of any kind; and no third-party contact, such as sending messages through friends, relatives, neighbors, religious leaders, or acquaintances. If you’ve been served with a PFA, do not try to persuade the plaintiff into withdrawing the PFA. Violating a PFA order can result in a six-month jail sentence and a $1,000 fine.

Spivak Law Firm provides strong representation for people at PFA hearings and Indirect Criminal Contempt (ICC) hearings. To speak with an experienced PFA lawyer, call Spivak Law Firm at (412) 344-4900 or (800) 545-9390.