DUI Defense for CDL Holders

As a commercial driver’s license (CDL) holder, your livelihood is at risk when your driving rights are challenged. In addition to more stringent penalties, you can face a lifetime suspension of your commercial driver’s license for two DUI convictions, even if they were while driving your personal vehicle.

Attorney John W. Gibson defends commercial driver’s license holders charged with DUI (driving under the influence of drugs or alcohol) or DAI (driving after imbibing) in Pennsylvania.

Please examine our Why You Should Retain a DUI Attorney page for some of the benefits of retaining an experienced DUI lawyer. For additional information about our qualifications and high level of personalized attention, please visit our Firm Overview page, or contact us for a free phone consultation to discuss your CDL and DUI matter.

DUI Laws for CDL Holders
(f) Commercial or school vehicles.—An individual may not drive, operate or be in actual physical control of the movement of a commercial vehicle, school bus or school vehicle in any of the following circumstances:

(1) After the individual has imbibed a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is:
(i) 0.04% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a commercial vehicle other than a school bus or a school vehicle.
(ii) 0.02% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a school bus or a school vehicle.
(2) After the individual has imbibed a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.
(3) While the individual is under the influence of a controlled substance or combination of controlled substances, as defined in section 1603 (relating to definitions).
(4) While the individual is under the combined influence of alcohol and a controlled substance or combination of controlled substances, as defined in section 1603.

Penalties for CDL Holders Convicted of DUI
For a first offense, to:

(i) undergo imprisonment of not less than 48 consecutive hours nor more than six months;
(ii) pay a fine of not less than $500 nor more than $5,000;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
Accelerated Rehabilitative Dispositions (ARD) are treated as convictions for the purpose of imposing CDL sanctions.

Two DUI convictions will result in a lifetime disqualification, and DUI convictions after September 30, 2005 involving personal vehicles are counted.

Defending Collection and Foreclosure Suits

Are you being foreclosed upon? Threatened with a wage garnishment? Are you sure you owe the money creditors are trying to collect? Are you being harassed by your creditors at home or at work?

Attorney John W. Gibson has over 25 years of experience defending clients throughout the Pittsburgh metro and surrounding areas in collection and foreclosure suits.

Ideally, it is advisable to contact us before a suit is initiated, as you may have more options available, including options outside of bankruptcy*. We offer a free phone consultation to discuss your issues and how we can help you. We offer the highest level of personal service, from an experienced attorney who is nonjudgmental. Our goal is to get you back in a position where you have breathing room and can once again enjoy your life.

For information about our qualifications and our service, please visit our Firm Overview page.

You May Not Owe Those Debts
In Pennsylvania, there is a four-year statute of limitations governing the collection of your debts. Unfortunately, many creditors or companies who purchase bad debt continue to threaten you or attempt to collect the debt. If you are being harassed over an old debt, contact us; we can assist you in determining if your debt is collectible and, if not, we can take steps to stop any collection and harassment regarding that debt.

Fair Debt Collection Practices Act – FDCPA
The Fair Debt Collection Practices Act (FDCPA) and the state equivalent (the Fair Credit Extension Uniformity Act (FCEUA)) govern the conduct of debt collectors and unfair debt collection practices. If you are being constantly harassed, or if debt collectors are threatening you with jail or talking to your work associates or neighbors, they may be violating one of these laws. Learn your rights.

Credit Repair Lawyer

Is your credit report accurate? Have you been discharged from bankruptcy and still see debts showing up on your credit report? Do you need help negotiating the amount or terms of your debts? Questions about credit after bankruptcy?

Your credit score can be harmed by errors in your credit report. The major credit reporting agencies (Equifax, Experian, and Trans Union) are obligated to provide requesting companies an accurate credit report.

Unfortunately, some creditors or debt purchasers will park your debt during bankruptcy* and then attempt collection after the debt is discharged. When that happens, we can help.

Attorney John W. Gibson has been assisting clients with their credit repair issues since 1980. Please visit our Firm Overview page for information about us, our qualifications, and our service.

What Should I Do About Credit Reporting Errors?
You should request a copy of your credit report, which can be obtained for free by visiting annualcreditreport.com. If you completed a bankruptcy, complied with the settlement terms of any agreement outside of bankruptcy, or otherwise paid off your debts, then your credit report should indicate a zero balance next to that or those creditor(s).

If your credit report indicates an error or errors, you should send a dispute letter with proof that the debt was discharged. We can assist you in reviewing your debts to determine which are collectible, and also assist you with drafting the dispute letter, if necessary.

If the credit bureau does not correct your credit report, we can file a lawsuit compelling them to make the corrections and to request compensation under the Fair Credit Reporting Act (FCRA).