Drug charges and the Controlled Substance, Drug, Device and Cosmetic Act

If you have been convicted of drug charges in the form of a violation of the Controlled Substance, Drug, Device and Cosmetic Act at any point in the last ten years, you may be one of many Pennsylvanians who have received a notice from PennDoT showing that your license will be suspended; however, there is no need to panic. Such notices were sent as a result of an audit that determined a one Clerk of Courts Office was not reporting these convictions to PennDoT, so that license suspensions could be ordered. Because of this, many Clerks of Courts from across PA have been reviewing records and reporting convictions to PennDoT that may go as far back as 2004. Because there was no time limitation placed on PennDoT for the issuance a license penalties, such notices have been sent to people who have already served their suspension were unaware of a suspension because of a previous conviction. Some people who face a license suspension are eligible to apply for an OLL, or occupational limited license for work. These license are sometimes referred to as “bread and butter licenses.” In the past, a Controlled Substance, Drug, Device and Cosmetic Act conviction would make an person ineligible to apply for a bread and butter license, but last year Act 129 was passed by Governor Corbett to ensure people keep their jobs. This bill also requires all Clerks of Courts to send all unreported convictions to PennDoT by first of next year. After 1 January 2016, all Clerk of Courts must submit conviction information to PennDoT within ten days of a ruling. If not submitted within ten days of a ruling, no further action may be taken by PennDoT in regard to driver’s license penalties. If you have questions about the Controlled Substance, Drug, Device and Cosmetic Act, or you think you have had your license unlawfully suspended, call Pennsylvania drug charges attorney Gary Gerson for a free consultation at 412-219-6875.