Pennsylvania Traffic Violations Legal Questions

She should definitely hire a lawyer.  The lawyer may spot defenses that you or she may never think of.  The lawyer will know how the system works and what to do in court.  The lawyer will know what to do and what might happen if the officer does not show up (it might be better to take a plea to a lower charge that will not result in a suspension - 40 mph over the speed limit will result in a suspension).  Some Judges will always give the police at least one continuance - you want someone on your side who knows all of this.  Check out the section on traffic offenses at our website for more relevant information: http://fairlielaw.net/practice-areas/traffic-related-offenses/... Read Answer

I cannot give you specific legal advice, but you can either pay the fine as collateral with a signed plea of "not guilty," and mail it in. You can appear in person at the district judge's office with a plea of "not guilty" and not have to post collateral. There is a third option allowed by Pennsylvania law, but rarely used, is to "stand mute." The district judge has probably not ever had this happen before, but you can go to his office, tell them that you are there to defend your traffic ticket, but wish to "stand mute" as to entering a plea. The court, once they figure out what to do, will then enter a plea of "not guilty" on your behalf, but without you having pronounced yourself "not guilty."... Read Answer

your wife should file a summary appeal immediately.  SHe has certain time constraints in doing so.  Also, if she files an appeal she also may be eligible to file for a "supersedeas" which would allow her to drive pending the appeal.  Again, she would only have 30 days from the mail date of the license suspension notice mailed by PennDOT.  What county did this happen in?... Read Answer

What township did this occur in? You cannot ask a District Court to reconsider.  Your only recourse is file an appeal in the County Court (Court of Common Pleas) in which the citation occured.  However, before I can further answer this I would need to know the county, as each county throughout PA has different rules govering appeals of citations.... Read Answer

First, what township and county did this occur in? Secondly, you should consult with us before doing anything so we can obtain more information.    - This is a general and limited response to a question sent to Kardos, Rickles, Bidlingmaier and Bidlingmaier.  While we try to answer the question posed to the best of our ability sometimes more information and details are needed.  However, by answering these general questions in no way creates an attorney-client relationship.... Read Answer

There is no law permitting supervisors to order officers to write citations - it is a function of standard operating procedures of the police departments.  I think every police department allows its supervisors to order officers to perform normal lawful job functions.  Although no law outlines this or compels the officer to comply, there would be normal insubordination consequences for failure to comply.  ... Read Answer

You cannot rely on PennDOT to correct a mistake.  You might want to hire a lawyer to confirm that PennDOT will correct it, but otherwise you must be sure to file an appeal of the suspension with PennDOT or they very well may take the position that whether you were convicted or not does not matter since you did not appeal.  They are very difficult to deal with and you cannot count on justice prevailing.  Steve Steven F. Fairlie, Esq.Fairlie & Lippy, P.C.1501 Lower State Road, Suite 304North Wales, PA 19454voice: (215) 997-1000fax: (215) 997-1777steve@fairlielaw.netwww.fairlielaw.net  ... Read Answer

Unfortunately your experience has often been my experience.  Many Magisterial District Justices will notify us when there has been a continuance, but sometimes they don't and there is no remedy for the defense other than if the officer does not show the next time it gives you a better argument for dismissal.  When the police request a continuance they normally get it, even if they waited past the point when they should have made the request.  Steve Steven F. Fairlie, Esq.Fairlie & Lippy, P.C.1501 Lower State Road, Suite 304North Wales, PA 19454voice: (215) 997-1000fax: (215) 997-1777steve@fairlielaw.netwww.fairlielaw.net  Become a Fan of Fairlie & Lippy, P.C. on Facebook Follow us on Twitter  ... Read Answer

Yes, this offense would go on your driving record.  Learn more about Pennsylvania Traffic Violations at: http://fairlielaw.net/practice-areas/traffic-related-offenses/ Steven F. Fairlie, Esq.Fairlie & Lippy, P.C.1501 Lower State Road, Suite 304North Wales, PA 19454voice: (215) 997-1000fax: (215) 997-1777steve@fairlielaw.netwww.fairlielaw.net  ... Read Answer

They will not assign a public defender.  He needs to defend himself or hire a private attorney.  Especially under these circumstances, I would suggest the latter.  For more information on Pennsylvania speeding cases follow this link:  http://fairlielaw.net/practice-areas/traffic-related-offenses/ Steven F. Fairlie, Esq.Fairlie & Lippy, P.C.1501 Lower State Road, Suite 304North Wales, PA 19454voice: (215) 997-1000fax: (215) 997-1777steve@fairlielaw.netwww.fairlielaw.net Become a Fan of Fairlie & Lippy, P.C. on Facebook Follow us on Twitter  ... Read Answer