Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Ellis B. Klein
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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 »

2 Answers | Asked in Criminal Law and Traffic Tickets for Pennsylvania on
Q: I was pulled over by a PA trooper for leaving the road....what will my citation be in the mail? Will I get one?

He asked me if I was aware how far off the road I was. To my knowledge I wasn't off the road at all. I sneezed a big one though and might have left the road for a second. He took my license and registration, looked briefly at my registration and then went back to his car. Came back and ask me... Read more »

Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Jun 19, 2021

Sounds like you will be getting a ticket in the mail. Call a lawyer when you get it and make sure you research whether you will get points.

View More Answers

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How can I remove four year old harassment charges from my record?

I was falsely charged by my ex-wife for simple assault and harassment in Whitehall, PA on May 2017. I showed video evidence to an Attorney General because of which simple assault charge was dropped but I was still convicted for harassment. My acting lawyer at the time told me that it's like a... Read more »

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

It is considered a summary offense and it would take five years before you’re eligible to have it expunged. It does not come off of your record automatically and you have to file a motion for expungement to get it sponge

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.