Q: Received a traffic citation in the mail from an accident 2.5 months ago. Can the PA State trooper do that?
-Copy of accident report given at scene mentions no citation given
-Citation received says driving at unsafe speed. Yet no one observed the speed of the car
-Weather was stated as being snowy. There was no snow that day. Snow on road was blown across from previous storm. Road was clear everywhere else.
Question is. Since no citation is mentioned in the accident report. How can one be filed?
Also, this was greater than 15 days AFTER the incident, which I read in the PA vehicle code is the time frame to notify of citations.
A: 1)plan on fighting it--staties don't settle. Look for an attorney who handles cases in that DJ court. Sucks but it's better than points. 2)Reason you got it is likely you crashed on a highway, so presumption is your speed too high--otherwise you wouldn't have crashed.
A:
Focus on the big picture--not that citation wasnt mentioned in report.
Problem is that you apparently either hit someone or went off the road. You were either asleep at the wheel or going too fast or not paying attention--otherwise, if you kept your speed lower,paid attention and saw drifited snow, you wouldn't have had the crash. is the thinking.
With that in mind,you need to plead not guilty, look for an attorney who handles tickets in front ot that district justice. Ask the DJ's office.
Do not discuss any of this on social media, or public websites.
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.
