Traffic Violations Legal Questions

Ms. Makris,   First, driving on a suspended license is a serious offense that can hold up your reinstatement for some time. You should speak to a lawyer regarding this matter. It is possible to mitigate the charge with sufficient work on your end (and possibly counsel's). But first you should consult with a lawyer. ... Read More

As with most legal questions, the answer is, it depends.  If they had reason to believe you were operating it on a public roadway then yes.  Additionally, while trailer parks are private property they can be considered public for some purposes.  That does not, however, mean you will be found guilty.  Talk to a traffic attorney, there are plenty of ways to work a ticket out.  If it needs to be challenged you will need help with the caselaw on public vs. private roadways.  There have been a lot of cases on this in the DUI realm.  ... Read More

I guess I am confused because you don't really ask a question here.  Are you looking for validation of your defense?  It is her word vs. yours.  That may be good it may not be, it depends on what other facts exist.  There may be damage to the cars that is indicative of who really is at fault.  Your best bet is to sit down with a local traffic attorney.  They will know how the judge and the officers handle these types of cases.  Importantly, you only have ten days to plead not guilty if you were issued a citation.  If you don't plead a warrant can issue and/or you can be found guilty in absentia.  If this is a citation your best bet is to plead not guilty, request a hearing, and work with an attorney on your case.  If you were issued a summons for a misdemeanor leaving the scene then you should have counsel before your Preliminary Hearing.  Good luck!... Read More

It is likely you will need a lawyer to try to get it reduced that much. There is some chance that if you agree to a driving school it might be possible to reduce it to 2 points but that would be quite a stretch in most courts - and it can definitely depend on what court it is in (County, Municipality, etc.)... Read More

You can see an attorney about filing a request for specialized driving privileges.   That would allow driving to and from work.  You would need to file asap as the suspension for no insurance is 90 days, unless you had a pprior suspension then it will be a year, and it will take some time to get the reqeust filed and set for hearing.  Cost can be around $1,000 or more.   ... Read More

In most (I believe all) counties in Pennsylvania the judge is not allowed to substitute a class for the fine.  That being said, before you plead guilty you should consult with a local traffic attorney.  Fines in Pennsylvania are computed by a chart which assigns amounts for MPH over the speed limit.  20 mph over the speed limit is a serious ticket leading to 4 points on your license.  You are only allowed six before you have to retake your drivers test.  You should consider pleading not guilty and trying to negotiate a lower MPH or even challenging the ticket (with the help of counsel).  In many cases a downward deviation is possible.  That would bring you less points, and importantly less fines.  ... Read More

Asking this type of question to the internet at large is not going to get you the results you want or need.  First, if the officer withdrew the tickets and refiled that is perfectly legal.  The issue could be timeliness.  They only have 30 days to file a citation from the time of the incident.  Second, The warrant issue is more serious, why did you not receive notice of the refile?  As you can see there is some investigation that needs to be done on a matter such as this.  Did you change address and not tell the court?  It may not be dispositve if your case but its background you need before you attempt to defend the matter.  Call a local defense attorney and they can walk you through the specifics of how your particular police department and judge handle such matters.  ... Read More

If you have proof of paying the ticket, take that down to the clerks of the court;'s office, show it to them and straighten it out. If it turns out you did not pay it, then it is certainly better to avoid being jailed on a warrant for failing to appear in Court. Go and work out the payment at the clerk's counter. I will say, there are some scams going around like this so do not give credit card information over the phone to clear it up - go in person and make sure it actually is a warrant, that youy didn't pay, etc. ... Read More

The stop is most likely a valid stop if the 'plates' and 'registration' indicated that the car did not have insurance. It is not relevant that the car was not running or stopped. You should immediately get insurance. You should be able to work this out with prosecutor. If you have issues, please call and we can help. Ed Dimon, Esq. 732-797-1600 ext 235... Read More

Should you fight a ticket is impossible to answer as it depends on your circumstances and what ticket was issued.  Failure to challenge a ticket for a stop sign can often lead to points on your llicense.  These points can often impact your insurance rates.  The best bet is to talk to a local defense attorney and see what can be done about your ticket.  In many circumstances the up front cost of an attorney can save you a lot of money down the road.  ... Read More

The lack of being read your rights will not result in a case being dismissed. Two things have to be in play before "rights" have to be read - (1) a person is in custody and (2) that person is being interrogated about the crime they are arrested for.  I doubt on an arrest on a bench warrant you were questioned about the underlying crime BUT if you were, and rights should have been read, the only remedy you get is that the porsecution does not get to use the statements you made (and of course in a few rare cases, the only evidence the prosecution has is the persons own statement and so with out that the case has to be dismissed). ... Read More

You may be able to apply now for specialized driving privileges.  Also referred to as restricted license or hardship license.  This would allow you to drive at certain times -i.e to and from work.  You would need to file a petition with the court and maintain high risk insurance.  Speak with an attorney asap to see if you qualify.  ... Read More