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Questions Answered by Ellis B. Klein
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.

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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 times in the... 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.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: GA Driver, cited for 3362 A2, 60 @55. Notes say 75/55 Approaching and active work zone, 3AM tix. Can I use 3368 C4

PO cited me for doing 60 on a 50. in the notes is where the PO put "75/55 approaching an active work zone. PA traffic law 3368 section (c)(4) states "no person shall be convicted upon evidence obtained through the use of devices unless speed recorded is 6 or more mph"

The PO stated she... Read more »

Ellis B. Klein
Ellis B. Klein answered on Nov 14, 2019

First you need to check with GA DOT to see if out of state tickets transfer as this offense is 3 points plus and automatic suspension for going over 11mph over in a work zone. Get a local traffic lawyer - many judge will let your lawyer go to court for you to try to change the ticket to one with... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: NJ Driver. Got a stop sign ticket. Should I plea it to a 3111(a) or non-moving violation? Will 3111a be reported to NJ?

NJ and insurance charges 2 pts for all out of state moving violations

Ellis B. Klein
Ellis B. Klein answered on Oct 27, 2019

You should definitely plead not guilty and go to court as any moving violation in Pennsylvania, and even some non-moving violations like 3111 A do transfer as points to New Jersey. Even though 3111a is considered a non-moving violation in Pennsylvania, New Jersey considers this a moving violation... Read more »

2 Answers | Asked in Criminal Law and Traffic Tickets for Pennsylvania on
Q: I was charged with altered,forged,or documents and plate's did 9 months in bcp now I am being told my lisence is suspend

I took a plea deal and they never mentioned a lisence suspension ever!! Its not in any of my sentencing paperwork and I was never told of it being part of it

Or I never would have taken the plea

Ellis B. Klein
Ellis B. Klein answered on Oct 22, 2019

Yes, there is an automatic suspension under the law for convictions for that offense. The only thing you can do is file a PCRA petition alleging your lawyer did not represent you properly.

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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Can you be charged with a DUI if you're stopped by police and it's discovered you were smoking pot,

or do DUIs just cover alcohol consumption?

Ellis B. Klein
Ellis B. Klein answered on Dec 6, 2018

No, DUI covers alcohol and/or drugs. PA is a zero tolerance state which means that if any amount is found in your blood, no matter when you smoked, it will be considered a DUI. If convicted, you are looking at a mandatory minimum 3 day jail sentence plus a one year license suspension. You should... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: My roommate was using my car and got a speeding ticket, which was mailed to him with my name on it. Who do I talk to to

correct this?

Ellis B. Klein
Ellis B. Klein answered on Dec 4, 2018

You would need to plead not guilty with the court and then you would get a trial date. If you were not the driver and you name is listed on the citation, that is a potential fatal error on the ticket and the judge can throw it out. You should got to court with a lawyer as your chances of this... Read more »

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