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Questions Answered by Ellis B. Klein
1 Answer | Asked in DUI / DWI and Traffic Tickets for Pennsylvania on
Q: I got a ticket Driving with a Suspended License (DUI ) 1543 B but my license was suspended by 1543A ( Driving

Will the court throw it out because it was inaccurate ?

Ellis B. Klein
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Ellis B. Klein
answered on Jul 23, 2020

You need to retain a lawyer or at least consult with one. If you are wrong, there is mandatory jail time that ranges from 60 days to 6 months. If your license was ever suspended for DUI and if it was never restored then it is in fact a DUI suspension. The law says it is always going to be DUI... View More

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I was pulled over on the highway doing 90 in a 55 by a cop involved in a speed trap. He determined my speed by using th

E 2 white lines on the road. It was 1045pm. Should I fight this. I'm also on DUI suspension. Right now my suspension is for unpaid fines and cost.

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

You need to go to court. For the driving under suspension charge you are facing ay least 60 days in the county prison of convicted. If you can get your license restored by the time you go to court, there is a better chance that this works out without jail time. Hire an experienced lawyer to... View More

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: I need help with my boyfriend case

My little brother was there during it all he told the cops his side and my boyfriend got arrested because my brother told his if he touch me he would stab him so my boyfriend told him he would shot him they locked his guns up and left them i wasn't strangled i didn't need medical help his... View More

Ellis B. Klein
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Ellis B. Klein
answered on Jul 13, 2020

Stangulation is a felony and he could face substantial jail time if convicted. Get a lawyer asap. If he can't afford one, apply for the Public Defender. If the victim does not want to prosecute, that will help, but that doesnt mean the case automatically goes away. Get a good lawyer and quickly!

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1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Q: My friend posted pictures of is his ex gf in without her face in it and was supposed to have a court date for it.

Even though she was the one who sent the photos to him at the time and he was on the wrong for sending them out but they are both minors so what would be the penalty for them and for some reason he hasn’t gotten a call or anything from the policeman that was supposed to call him and it’s been 5... View More

Ellis B. Klein
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Ellis B. Klein
answered on Jul 13, 2020

He needs to get a lawyer immediately because what you described is child pornography which would require him to register as a sex offender.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Do response times for fines include Sundays?

I got a citation for an out of date inspection on Friday July 3rd. I had to wait until the following Saturday (July 11th) to mail the payment because I didn’t get paid until then. The cop said “you have 10 days to respond”. I didn’t get the envelope in the mail until after the pickup time... View More

Ellis B. Klein
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Ellis B. Klein
answered on Jul 11, 2020

Just send back the not guilty plea asap or go to the courthouse and plead not guilty in person. Bring proof of inspection to court and show it to the officer who will hopefully drop the ticket

1 Answer | Asked in Car Accidents and Traffic Tickets for Pennsylvania on
Q: If an officer issues a citation for a crash but did not witness the violation himself and there were no witnesses

can the officer testify in traffic court to the violation he cited for?

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

Yes. He can testify to his opinion how the crash occurred at it is up to the judge to determine if he has proven the case against you beyond a reasonable doubt. You should get a lawyer because chances are you are looking at some points. Another option is to negotiate the ticket with the cop and try... View More

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... View More

Ellis B. Klein
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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... View More

Ellis B. Klein
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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... View More

Ellis B. Klein
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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... View More

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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
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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
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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
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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!

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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... View More

Ellis B. Klein
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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... View More

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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... View More

Ellis B. Klein
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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... View More

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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
PREMIUM
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... View More

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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... View More

Ellis B. Klein
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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... View More

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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
PREMIUM
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
PREMIUM
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
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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... View 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
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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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