Q: Officer wrote an address, different than the one on my license for a failure to stop at a traffic light.
He tried writing over the incorrect address, but confused the Clerk at the Magistrate's Office. The Clerk made an incorrect guess of my address, and sent notice of Hearing to the wrong Address. They had an April 18 Hearing in my absence and ruled guilty. They sent the Summary conviction Notice to that same WRONG address, which I did not receive. After the time required to file an Appeal, PennDOT on June 22, mailed a Notice of Driver's License Suspension to my correct address on my license--first time I received any notifications. Informing me that my license would be suspended on July 10, if I did not pay before that date.
I've missed 4 days of work at the Courts trying to get an appeal hearing. One was finally granted for Aug 28. because of Officer error, setting in motion Due Process issues.
Is there precedence for having a Directed Verdict of Not Guilty on appeal, when the officer puts the incorrect address on a citation?
A:
Not to my knowledge. What you can do instead is file an appeal of your traffic ticket in the Allegheny County Court of Common Pleas, and ask that your appeal be granted retroactively, or "nunc pro tunc," to treat it as if it were timely filed. If granted, you'll finally have your hearing and any action by PennDOT to suspend your license should be stayed until you have your hearing.
Best of luck to you.
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.
