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Questions Answered by Ellis B. Klein
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...
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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

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I received a "Failure to respond to a citation" letter in the mail today. But was never pulled over or given citation

I called the number listed on the form to confirm and the woman on the other side said that the officer listed the citation as given to me, however I was never even pulled over or anything of the sort. I really don't know anything about this citation at all. I plead not guilty and am awaiting... Read more »

Ellis B. Klein
Ellis B. Klein answered on Apr 1, 2021

You didn't says what the citation was for. You should consider getting a lawyer especially if the citation carries points with it.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Why does a case i have say inactive and i dont have a warrant
Ellis B. Klein
Ellis B. Klein answered on Mar 30, 2021

Inactive generally means an arrest warrant was issued. You need to get a lawyer to assist in turning you in and arguing for bail.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: What's the worst thing that can happen, I love in pa. Schedule 1 paraphenalia

Clean record

Ellis B. Klein
Ellis B. Klein answered on Mar 22, 2021

Well, the worst thing that can happen is that you could go to jail and have a permanent record. However, that usually does not happen on a paraphernalia case if you have no prior record. Get a lawyer. You are charged with a crime and should have a lawyers representing your interests. You may have a... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: Charged with 1543A in 2019. this year trying to charge me with 2nd 1543B from a DUI in '09& 1543B in 14'. How?

License currently suspended indefinitely for 1533D failure to respond to traffic citation for unpaid fines but they are trying to say its DUI suspended. How is that possible when I havent gotten any new DUI Charges and in 2019 i got pulled over and it wasn't dui suspended and i only received... Read more »

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

You need to get a lawyer immediately. The law says that if your license was suspended for a DUI it will always be suspended until and unless you get your license reinstated. It doesn’t matter if the DUI is one year old or 30 years old. If you never got your license back then you are looking at a... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: If I lose at trial for a $218 speeding ticket will o have to pay more

The officer said my exact speed was 86 in a 65 but didn’t use a radar gun and gave me a $218 ticket. I know I wasn’t going that fast and the device he used has been proven to be wrong and it is my first offense and only timed me for 2.45 seconds and put me as a maximum speeding ticket and I’m... Read more »

Ellis B. Klein
Ellis B. Klein answered on Mar 7, 2021

Did you get the ticket in PA or NJ? If it is PA you will have to attend a license suspension hearing with Penndot for excessive speeds to determine if they will be suspending your license. Additionally, it is a 5 point offense and 5 points is the most you can get for a ticket in PA. You should... Read more »

2 Answers | Asked in DUI / DWI for Pennsylvania on
Q: I had a DUI back in 2006. I just received a fine in the mail stating that I was seen driving by a police officer.

I haven't drove at all. Now I'm looking at jail time. They said I'm dui suspended from 15yrs ago. Am I going to jail?

Ellis B. Klein
Ellis B. Klein answered on Feb 26, 2021

You need to get a lawyer asap. If your license was never restored after the DUI you are considered DUI suspended until you get your license back. if you are found guilty, there is mandatory imprisonment of 60-90 days in the county prison. You need to figure out how to get you license back asap.... Read more »

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2 Answers | Asked in Criminal Law for Pennsylvania on
Q: I was just stopped for my seventh driving without a license in Pennsylvania which is code 6503 my last defense was in

2012 says operated vehicle without valid driver's license is subsequent events within seven years section 6503 applies she driving like it my last offense happened in 2012

Ellis B. Klein
Ellis B. Klein answered on Feb 22, 2021

If this is your 7th conviction for driving on a suspended license, there is mandatory jail time associated with this of 30 days to up to 6 months. If the license was suspended for a dui, the jail time is substantially longer. You should retain an experienced traffic defense attorney asap to assist... Read more »

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2 Answers | Asked in Traffic Tickets for Pennsylvania on
Q: Can you get a speeding ticket if they never pulled you over can't see who you are since it was night, but shows up 2

Days later at your house acusing you of going over 100 and the officer took your plate /registration as the vehicle passes but no evidence of who was driving .

Ellis B. Klein
Ellis B. Klein answered on Feb 19, 2021

If the question is "can I be cited", the answer is yes. The question is whether they can prove it in court. If you do receive a citation, make sure you hire an experienced lawyer as you could lose your license if you are cited for going 31mph or more over the limit, plus you will get... Read more »

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can I be imprisoned for a very small amount of Ganga found during a vehicle search after spending two days in jail?

Traffic stop with voluntary search,

Ellis B. Klein
Ellis B. Klein answered on Feb 18, 2021

Unlikely. I am wondering why you had to do any time in jail at all. Usually, these cases are done by summons where the charges are mailed out. You should speak to a lawyer. Sometimes these cases can be negotiated to a non-criminal fine or perhaps a first time offender program. Many of us give free... Read more »

4 Answers | Asked in Traffic Tickets for Pennsylvania on
Q: Pulled over and fined solely for expired vehicle registration. Is that legal in PA?

My wife was pulled over and fined $144 for operating a vehicle with expired registration. This was the only reason for the stop. My understanding is it is a secondary offense and not grounds for a stop. Also on the citation the officer listed her car as a Ford Fusion but it is actually a Ford... Read more »

Ellis B. Klein
Ellis B. Klein answered on Feb 17, 2021

Yes.

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1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Are Pa. Law enforcement '"required" to give you a copy of the citation listing the violations for your signature at stop
Ellis B. Klein
Ellis B. Klein answered on Feb 15, 2021

No. The officer can file it within 30 days and then mail it to you. If it is filed with the court outside of 30 days then you can argue that it is past the statute of limitations. It is a three point moving violation so you should plead not guilty. You should also get a lawyer to help you either... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: How do I pay a ticket I never received?

I was in a bad accident a few years ago, it was my fault - I slid through a stop sign. I was taken by ambulance and never received a ticket nor was one mailed to me. Someone told me about a way to look up info on court cases and for kicks and giggles I checked my own data and lo and behold I have... Read more »

Ellis B. Klein
Ellis B. Klein answered on Feb 5, 2021

Contact the court and see if you can plead not guilty as you will be assessed 3 points if you plead guilty and just pay the fine. Hire a lawyer to help you to hopefully get the ticket dismissed because they have to have the hearing within the statute of limitations. Since you are passed that date... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Is it worth fighting a traffic citation that cost $144? And lawyer fees cost a lot more. And unlikely outcome?

I was the only person traveling on a two lane road. I looked down on my phone for no more than 2 seconds to look at an alert since no one was around. I looked up and a pickup truck was backing out of his driveway into a two lane road into my lane. I had no reaction time and slammed into the rear... Read more »

Ellis B. Klein
Ellis B. Klein answered on Feb 4, 2021

The Answer is, it depends. If it is a moving violation and you get points on your license there is a chance that your insurance increase. It may or may not but there is no way to know until it happens. Also, if you get points on your license and if you happen to get another ticket in the next year,... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: How many times can a judge reschedule a case for driving over speed limit?
Ellis B. Klein
Ellis B. Klein answered on Jan 26, 2021

With covid, as many times as he wants. If you get a lawyer, the lawyer may be able to contact the officer and the court to try to work it out sooner. Many judges are doing zoom or telephone hearings due to Covid. You did not say how fast they have you going so be sure to look into how many points... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I got pulled over for failure to stop at a stop sign. Should I go to court?

This occurred in PA. While I thought I stopped, it may have been a rolling stop. I am also a resident of MD, does that change anything? I'm worried about points going on my license. This occurred at night, however, the officer told me everything was recorded.

Ellis B. Klein
Ellis B. Klein answered on Jan 25, 2021

You should absolutely go to court because if you are found guilty, 3 points will be added to your license. You insurance could increase as a result and if you have points on you license already, you could potentially be suspended. Call a lawyer to discuss your case. Many judges allow your lawyer to... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Need advice about 2 drug charges i got never been in trouble before
Ellis B. Klein
Ellis B. Klein answered on Jan 22, 2021

Call a local criminal defense attorney to discuss the case. Most of us will give you a free consultation over the phone. If you have no prior record you may be eligible for a program where the charges eventually get dropped and expunged. Good luck!

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Hi, at pretrial my case was dismissed app.a month ago. I just found out its been refiled.is that double jeopardy.?
Ellis B. Klein
Ellis B. Klein answered on Jan 19, 2021

No, it’s only double Jeopardy once there is a trial in front of a judge or jury. The state is permitted to re-file charges and you should get an experienced lawyer to defend you if you have not already. Good luck

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