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Questions Answered by Ellis B. Klein
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.

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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
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

2 Answers | Asked in Traffic Tickets for Pennsylvania on
Q: I received two tickets: 1) for driving on roadways laned for traffic and 2) Careless driving.

However, in the Confidential Info Section, both tickets state "A/M Non-moving citation..." What should I do?

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

Plead not guilty because the careless carries 3 points on your license. Points can lead to increase insurance premiums and possible suspension. Get a lawyer to go to court. Many times the citations can be downgraded or fought. Good luck!

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1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Can you receive a ticket for speeding in the mail if a cop gets your plates and followed you but never pulled you over?

Admittedly I was speeding around 25 over briefly to around 15 over to get away from vehicles intentionally preventing me from passing. I then noticed a cop weave in and out of traffic to get behind me and I waited to be pulled over. He then followed me for about a 1/2 mile to a mile without pulling... Read more »

Ellis B. Klein
Ellis B. Klein answered on May 14, 2021

Yes, but the officer would have to be able to identify you in court as the driver. If he was behind you the whole time he is going to have some issues. Plead not guilty and get a lawyer as 25 over is 4 points on your license. Good luck

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: If I’m in an accident and after we called the police to the scene to report it. I received a ticket for follow to close.

Do I need a lawyer to fight the ticket? Even if the police officer didn’t see me driving

Ellis B. Klein
Ellis B. Klein answered on Apr 30, 2021

It is a 3 point offense that could affect insurance. Also if you do get points and receive another ticket in the next year, the points add on and you could be facing potential suspension if you go over 6 points.

The office can file a ticket on information received but they will need a...
Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I just got a speeding ticket from a local authority in PA this morning. The tickets says I was caught by hand held radar

The car was unmarked. There are no signs saying radar speed monitoring was in use. Is this legal?

Ellis B. Klein
Ellis B. Klein answered on Apr 9, 2021

Just for your information points do not transfer to New York, however the offense does and will appear on your driving record so it is worth it to go to court. You should enter a plea of not guilty and mail in the section of the ticket where you sign not guilty along with the fine and you will get... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Can a Pennsylvania State Trooper run someone's plates and pull them over for no registration?

My husband was pulled over strictly for no registration. This was a complete oversight on my part. I thought I had paid it, but I can't find any proof I did. I didn't think they could randomly run someone's plates without reason? I've obviously paid it and got it up to date... Read more »

Ellis B. Klein
Ellis B. Klein answered on Apr 2, 2021

Yes that is common. Plead not guilty, go to court and show the trooper you got it fixed. Many times they will drop the ticket if you show proof. Good luck

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