Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Ellis B. Klein
1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I got a speeding ticket in PA by a state trooper who said I was going 51 in a 35. The trooper didn't give a break

I work in the medical field and was in my scrubs. When she handed me the ticket she said sorry she couldn't do anything for me but she suggested that I should plead not guilty. I did that but I'm just curious why she would do that and do you think I will get the points removed? I also... Read more »

Ellis B. Klein
Ellis B. Klein answered on Jun 29, 2020

That is always a good sign. It means the cop is willing to perhaps reduce the speed so that the points hopefully go down. Also, if you hire a lawyer to assist you, the lawyer may be able to go to court for you so that you may not have to appear.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Can I plead guilty and pay a fine but fight the points beinf placed on license?

Was coming thru intersection, saw a cop on left side of road, turned my head and looked at them and bumped into the car infront of me. No one hurt, minor fender bender, cop witnessed whole thing and wrote ticket for careless driving. Yes I took my eyes off of road. I paid the fine but they gave me... Read more »

Ellis B. Klein
Ellis B. Klein answered on Jun 19, 2020

Once you plead guilty the points are assigned to your license. However, you have 30 days from when you pled to file an appeal in the county court. You will then get a court date and you can try again. An experienced attorney would be of great help to go to court.

2 Answers | Asked in Traffic Tickets for Pennsylvania on
Q: I received ticket in mail for driver on a suspended lisence my lisence was not suspended, never pulled over

I was in neshaminy mall park lot cop turned behind me. I parked continued to walk in to store an a week later was a ticket in mail for driving under suspended. but never was pulled over, or identified, cop didn't stop me didn't pull behind my car nothing. crazy thing about the whole thing... Read more »

Ellis B. Klein
Ellis B. Klein answered on Jun 5, 2020

The officer had to have checked with Penndot, so my guess is that Penndot has you as suspended. Call Penndot in Harrisburg and see why and request a License Restoration letter which will tell you what you need to do to have it reinstated. If there is an unresolved ticket then you should get a... Read more »

View More Answers

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Does time start day non criminal traffic citation is written for speedy trial act Bucks County PA Is it 180 days
Ellis B. Klein
Ellis B. Klein answered on Jun 4, 2020

Speedy trial starts the day it is filed with the court.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Does speedy trial act apply for traffic citation in district court for Bucks County PA?If so what is the time limit
Ellis B. Klein
Ellis B. Klein answered on Jun 4, 2020

Speedy trial applies at all levels of court. It depends on the case, whether it is a summary or a criminal case. Covid-19 suspended Speedy trial rights for about 3 months but the courts just reopened for business.

2 Answers | Asked in Traffic Tickets for Pennsylvania on
Q: Pa Trooper wrote me a citation WITHOUT asking to see my DL. Can this be challenged for not viewing my license?

"Violation of the Pa vehicle code on turnpike. Sec 6110 Subsection A"

Ellis B. Klein
Ellis B. Klein answered on May 12, 2020

No. As long as he can ID you as the driver that is enough. That being said, he cut you a break by citing you with a zero point non-moving violation. My advice would be to just pay it since he cut you a break. Good luck!

View More Answers

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: How to handle a citation?

My friend recently asked me to come over and help her because she had consumed a lot of alcohol and couldn't function properly, now I was the only 21 year old there and the cops are possibly putting a citation out due to the fact that I was there there was an alcohol Bottle and two adults who... Read more »

Ellis B. Klein
Ellis B. Klein answered on May 10, 2020

There are many questions that need to be answered before anyone can give you their opinion. Did the police tell you that you were being cited or that you would get a summons in the mail? You could potentially be charged with the crime of supplying alcohol to minors which is a criminal offense. Or... Read more »

View More Answers

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: How do I beat a case when the officer was in the wrong

I got arrested because I was supposedly being belligerent but they did no say I was being charge with anything until they decided to be aggressive with me while I was being held down by seven officers while intoxicated and having a panic attack. They tased me 2x, I bit and officer in the process... Read more »

Ellis B. Klein
Ellis B. Klein answered on May 7, 2020

With all due respect, it will be up to a judge or jury to determine if you are guilty or if the officer "was in the wrong." You need to speak with an experienced criminal defense attorney to fully discuss the facts of the case. my guess is that you may be charged with Felony Aggravated... Read more »

View More Answers

2 Answers | Asked in DUI / DWI for Pennsylvania on
Q: I have a DUI 2nd Off. Gen Impair on my record listed as an M1 from 15 years ago. Seems high. Can I get it changed?

Served the sentence. 90 days minimum 2 years maximum on my docket sheet. I really want to figure out if I faced a maximum of 5 years for a general impairment 75 3802 A1. Montgomery County PA

Ellis B. Klein
Ellis B. Klein answered on May 5, 2020

The only way to truly expunge a conviction is by applying for a governor's pardon. If the board of pardons recommends a pardon to the governor, and he approves it, then it can be removed from your record.The other option is that you can apply for a limited expungement where you can apply to... Read more »

View More Answers

2 Answers | Asked in Traffic Tickets for Pennsylvania on
Q: Are you able to turn left on red with two other green lights?

I received a ticket for running a red light. It was on a two way one lane street. There was three lights for the one lane street two were green one was red. I looked for on coming traffic, it was clear and I turned left. As soon as I got through the light a cop flipped his lights on and told me I... Read more »

Ellis B. Klein
Ellis B. Klein answered on Apr 15, 2020

In Pennsylvania you are allowed to make a left-hand turn on red if you are on a one-way street and you are turning left onto another one way street. That doesn’t mean however that you should plead guilty because you will get three points if you are convicted. You should follow the instructions on... Read more »

View More Answers

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Officer said he was giving me a break, won't be cited, won't get anything in mail, & his name. Can I trust it?

1 of 2 vehicles, didn't know each other. Asked where I was going, where I was coming from, what I did. Took 10 mins or less. He said to be safe and slow down. Both vehicles let go at same time. It was the sheriff, 1 back up officer.

Ellis B. Klein
Ellis B. Klein answered on Apr 3, 2020

Sounds like you won’t be cited with anything. Hopefully you thanked him. Good

Luck!

1 Answer | Asked in Criminal Law and Municipal Law for Pennsylvania on
Q: How can I clear my background check per fine careless driving a few 4 yeas ago, please ...

Was happened in Hershey, an exit of the hospital a stop bus inside the the place

Ellis B. Klein
Ellis B. Klein answered on Apr 2, 2020

The law says you have to wait 5 years from the date of conviction before you can file to expunge the case.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I was cited for speeding by a stater trooper not in uniform in an unmarked vehicle who put wrong info on citation

He put wrong color of car and I received the citation 31 days after incident through mail it says I was clocked at 106 on a 65

Ellis B. Klein
Ellis B. Klein answered on Mar 31, 2020

You need to follow the instructions on the ticket and plead not guilty as you are facing 5 points plus a likely license suspension if you are convicted of that speed. The wrong color could possibly be a defense, but you may be better off trying to save your license. An experienced traffic attorney... Read more »

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: How can I obtain a copy of my discovery from a criminal court case in 2005.
Ellis B. Klein
Ellis B. Klein answered on Mar 31, 2020

Contact the clerk's office in the County courthouse. In some state's it can be obtained online. In other states you may have to go to the courthouse and pay to copy it.

View More Answers

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I was pulled over for going 55 in a 35 in South Carolina. Does Pennsylvania recognize this offense if I pay the ticket?

I am 19 years old and it is my first time getting a ticket. How much will my insurance go up and will I get points on my license since it happened out of state?

Ellis B. Klein
Ellis B. Klein answered on Mar 21, 2020

No, out of state points do not transfer to PA

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Can I apply for early termination of probation or a DUI expungement without a lawyer in PA?

My lawyer helped me throughout my DUI trial and told me that after I completed my ARD, paid all fines, and finished 6 months of probation without any problems, that I could apply to be let off probabtion early (sentenced to 12 months probation) and have the DUI expunged. I am at this step now and... Read more »

Ellis B. Klein
Ellis B. Klein answered on Mar 21, 2020

To answer your question, yes you can absolutely do it yourself but you have to ask yourself do you know what you are doing? If you file for expungement and if it is not correct then it would not be taken off of your record. If your pipes are leaking at home are you going to hire a plumber so it... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: A friend and I may have been involved in an assault. I dont think that what we did was illegal but I want to know.

I was outside a bar with a friend waiting for a ride. Another man threatened my friend by saying "I'll break your neck before you hit the ground," after a situation escalated. He then pinned my friend (who was non-violent at the time) to a wall and my friend punched him numerous... Read more »

Ellis B. Klein
Ellis B. Klein answered on Mar 8, 2020

What you did is considered an assault under the law. However, if you have a defense, such as self defense or defense of others to conduct is considered justified. That being said, the fact that you fled the scene shows what they call consciousness of guilt, and if the other party gives a statement... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I live in Pennsylvania. Is there a statute of limitations on traffic citations correlating with expired inspections?

I received four citations on Wednesday. Two citations correcting with expired inspection, 1 citation for no proof on insurance, 1 citation for insurance being cancelled due to the expired inspection. I was told I have to 10 days to go to the magistrates office to take care of the citations either... Read more »

Ellis B. Klein
Ellis B. Klein answered on Mar 7, 2020

The officer has 30 days to file a citation.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I got pulled over for speeding in a school zone. Should I plead not guilty?

I got pulled over 2 days ago for speeding through a school zone. The officer told me I was going 29 in a 15mph zone. I never got a ticket before. My dad told me I could lose my license, is that true? What should I do?

Ellis B. Klein
Ellis B. Klein answered on Jan 28, 2020

You will not lose your license, unless this is a 2nd offense. It will be 3 points added to your license which could affect your insurance rates. Plead not guilty and get a lawyer, as your chances to get zero points will be better with a lawyer. Also, depending on the county, some judges will let... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Traffic ticket issued in NJ, PA drivers license. Offense 19:9-1.2.19

Traffic ticket issued in NJ, PA drivers license.

Offense 19:9-1.2.19

1 How many points?

2. Do points appear on PA drivers license?

3. If so, how long do points stay on a PA driver’s license?

Ellis B. Klein
Ellis B. Klein answered on Jan 26, 2020

You should be in good shape. Out of state tickets do not transfer to PA. It does transfer if you had a NJ license and received a ticket in PA.

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.