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Questions Answered by Ellis B. Klein
1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Will it be possible to reduce my fine and reduce the points on my driving record?

So I was pulled over a month ago for speeding. Officer had me doing 15 over. I was on the clock for my job in a company vehicle so she just took down my information and said she’d send the citation in the mail. Fast forward to this past Monday and I finally received something in the mail from the... Read more »

Ellis B. Klein
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Ellis B. Klein
answered on Dec 8, 2022

You need to get a lawyer to assist. The notice of suspension was because you did not enter a plea on the ticket. It was likely sent to the address on your license. If you have not already, you should contact the court and plead not guilty and then your license would not be suspended. A lawyer can... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Speeding violation bill from rental company for speeding in Philly while on vacation, yet was never pulled over. Legal?

I was never pulled over for speeding, therefore never served anything for any alleged speeding(which I never did, since didn't feel comfortable driving back there to begin with, much less speed). What recourse do I have to fight this charge of$130 for sometime that I didn't do?

Ellis B. Klein
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Ellis B. Klein
answered on Oct 21, 2022

You need to determine if the speeding ticket is in your name or the company's name. Police can mail a ticket but they usually do pull the driver over first. If it is not in your name and it was not you who was the driver then this would be a civil law case and not a traffic law, so you should... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Citation for 87 in 55 ( I was going 83) expired inspection and registration. I fixed the expirations. Will I be okay?
Ellis B. Klein
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Ellis B. Klein
answered on Jun 3, 2022

You are facing a license suspension hearing and 5 points at that speed. Plead not guilty on all citations by mail and get a lawyer to help you. Many times we can negotiate the speed down to save your license and save some points. Bring proof you fixed the paperwork to court and alot of times those... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: If a police officers says they will get the points lowered if you plead not guilty is a lawyered needed?

This is my first ever traffic violation.

I received 2 citations for driving 113 on the turnpike,careless driving and speeding.

I told him I missed my exit and had to drive an additional hour after already driving for an hour and a half. He sympathized and said he understands the... Read more »

Ellis B. Klein
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Ellis B. Klein
answered on Mar 19, 2022

Here's your problem. At that speed a judge is going to be upset. Really upset. It is ultimately up to the judge even if the cop wants to help you out. If things go wrong you will likely lose your license, get a ton of points and your insurance can go up or they can drop your insurance totally.... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: How soon does it take a traffic citation to show up on your driving record?
Ellis B. Klein
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Ellis B. Klein
answered on Mar 4, 2022

Once you are convicted the court sends notice to Penndot and then it appears on your record. It does however depend upon the citation because some moving violations will appear on your record while other non-moving violations will not. If you recently received a ticket you would be well served to... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: My son, in PA, was mailed a citation for “following too closely” & “reckless driving” and was never pulled over

He is 17, came up behind a driver on a rural road that was stopped. According to him she waved him around her, so he went around her. He wasn’t pulled over, no cop on scene. Next day the town cop came to house to get his info. 2 days later he received the citations in the mail. How can a cop... Read more »

Ellis B. Klein
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Ellis B. Klein
answered on Mar 3, 2022

Plead not guilty and get a lawyer. It is the most serious ticket in PA and carries with it 5 points plus an automatic 6 month license suspension. The police do not have to pull someone over to issue a citation if they believe they have the evidence to prove it.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Is it a normal action to get hit with an obstruction of Justice when someone refuses a blood test for alcohol
Ellis B. Klein
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Ellis B. Klein
answered on Feb 16, 2022

Depends on the county. Lately, if someone refuses even after a search warrant, some counties will charge this. Very recent development and only some counties are doing this. It is a minor offense and should not add additional jail time. You should get an attorney to represent you to get the best... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Can a ticket be dismissed if the officer wrote down the wrong location of the so called violation?

I was pulled over and given a ticket by an officer for not stopping at a stop sign. He claimed that I had rolled through a stop sign. Then proceeded to tell me which street I had not stopped on. The issue is the street he stated was not where the incident had happened. He stated it and also wrote... Read more »

Ellis B. Klein
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Ellis B. Klein
answered on Dec 16, 2021

Yes, that would be a fatal error unless the judge allows the officer to amend the citation when you go to court. Get a lawyer because you will have a better result especially if you have to fight this issue. It is points on your license and you don’t want your insurance to be affected. Good luck

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Is it possible to get ARD for a second DUI if I never got ARD the first dui?

Basically exactly what the question asks. My first DUI I was not eligible for ARD because of a rule the DA has.

Ellis B. Klein
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Ellis B. Klein
answered on Dec 15, 2021

No, it is not possible. ARD is for true first time offenders who have never been in trouble today in their lives. If you do have a prior record and if it is within 10 years you were looking at prison time which is mandatory and could be up to 90 days for a second offense

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Is it worth it to get a lawyer?

It’s a case for a second DUI but the county offers a pretty standard second offenders program, so is it worth it to even get a lawyer?

Ellis B. Klein
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Ellis B. Klein
answered on Dec 15, 2021

The answer is yes. Did you go to law school? If not and you represent yourself you will be expected to act as your own lawyer. You may have a defense. You may not, but a lawyer would know. If the state has a weak case and the case may be able to be plea bargained, but how would you know. In... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I plead guilty to traffic summons MDJC via mail 10 days ago and want to change to not guilty, can I ?
Ellis B. Klein
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Ellis B. Klein
answered on Nov 27, 2021

You cannot withdraw your guilty plea but you have 30 days from when he fully with need to file an appeal in the county court. You will then get a new court date. Get a lawyer to represent you so hopefully you can get your points reduced. You will get a letter from PennDOT shortly that imposes... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Cited for going 66 in 40 mph zone. Should I sign up for Traffic School to reduce points on driver record?

Officer told me I could ask for speed to be reduced at Magistrate. Should I sign up for traffic school, pay fine and plead for mercy to reduce points?

Ellis B. Klein
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Ellis B. Klein
answered on Nov 21, 2021

It depends on the judge whether you should go to traffic school or not. Your speed is a five point major violation but it is not too terribly fast so that’s why I believe traffic school is optional. It is definitely worth it to go to court to try to get the points reduced and also, many judges... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Ticket was clocked speed 81 in 55 zone. Mistake I noticed was wrote car as charger when I drive a challenger.

Can I fight this since wrong model car.

Ellis B. Klein
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Ellis B. Klein
answered on Nov 6, 2021

Possibly. Was the color correct? Was the license plate correct. Get a lawyer to help you. If it cant be fought then perhaps you can get a reduction of points so your insurance doesnt find out. Good luck!

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Does an officer have to give you a ticket on the spot?

I was pulled over for running a stop sign. I know I stopped and my passenger confirmed this as well. The officer did not ask me to sign anything or give me a ticket. Instead he said I would get a citation in the mail. I have asked around and no one locally (it was a local officer) has heard of... Read more »

Ellis B. Klein
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Ellis B. Klein
answered on Oct 29, 2021

It is not uncommon but the citation must be filed within 30 days. It is a 3 point offense on your record so it is worth it to plead not guilty. Many judges will let your lawyer go to court for you so you may not even have to attend the court hearing to get your points reduced. Good luck!

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Two identical traffic tickets filed at separate DJ offices on separate dates. Statute of Limitation apply?

I received a traffic ticket for unsafe lane change in May. The same ticket from another DJ office in August. Docket on both the 1st dismissed on 8/6 & 2nd one was filed. Officer did not file the original ticket at the correct DJ office. Can I claim statue of limitation since the 2nd ticket was... Read more »

Ellis B. Klein
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Ellis B. Klein
answered on Oct 16, 2021

There is a 30 day statute of limitations for traffic tickets. Get a lawyer to go to court to fight it. Good luck!

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I was never made aware I had to restore my license after a suspension and I was stopped… What should I do?

I was recently pulled over in Pennsylvania for a registration that expired in August. Upon being stopped, the officer informed me that my license is coming back as suspended. I served a 30 day license suspension from June to July 17th, however was never made aware that I have to restore my license.... Read more »

Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Sep 14, 2021

You need to speak with an experienced traffic attorney. If a judge sees that your license was suspended at the time you were pulled over then you will most likely be found guilty and lose your license for an entire year. Hiring an attorney would be a wise choice

1 Answer | Asked in DUI / DWI and Civil Rights for Pennsylvania on
Q: I was wondering if you could get charged for refusing a blood test if you are not placed under arrest

What i am not understanding though, is when I asked the cop if he had a warrant for the blood test he reply was "I could get one but I don't feel like it" How can I be charged with something when I was not even placed under arrest? Also, when he said that he didn't feel like getting a warrant

Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Jul 24, 2021

You are definitely going to get charged. When you refuse the test there is an assumption that you were under the influence and you will be charged under the general impairment section of the DUI law. Additionally because he did not take the test the law says that your license will be suspended for... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I told him my new address. Would that make a difference?
Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Jul 6, 2021

If he filed it with the wrong address, you may be already suspended. You need to either call the court where it happened or a lawyer to look into it

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I was pulled over a month and a half ago. And the office said I would be getting a ticket in the mail

And I never had to sign anything too. What should I do?

Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Jul 6, 2021

Was your correct address on your license because that is likely where it was sent. Call a lawyer as it can be checked online. If it has not been filed, there is a 30 day statute of limitations so it may be too late to file it now, if it hasn't yet been filed. Don't ignore it because if it... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I was pulled over for yielding at a stop sign.

The officer was more than a hundred yards away and traveling towards me. I’m surprised she even noticed. She said she issued a violation but her printer was broken and I would get it in the mail. She told me how to pay it, by mail or in person but did not mention an on line payment. I then asked... Read more »

Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Jun 29, 2021

Do you not just plead guilty because you are facing three points on your license if convicted. Points can lead to higher insurance rates and also if you get another ticket in the following year you could lose your license if you go over six points. Get a lawyer who will help you either fight the... Read more »

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