Waldorf, MD asked in Car Accidents and Traffic Tickets for Pennsylvania

Q: My tire blew and hit guard rail, police showed while waiting for a tow. No ticket/warning.

I was visiting PA from VA. It was snowing and my tire blew and I hit a guard rail. While waiting on a tow truck the police showed up. No ticket or warning was issued at that time. My car was towed from the scene and I spent the night in a hotel. I moved out of VA immediately after this incident and moved to MD. The police sent a citation to my previous address in VA. I never received the citation as I had moved and now I have a warrant for my arrest in PA. How is it acceptable to receive a citation weeks after the fact? With me having zero knowledge of any wrong doing.

2 Lawyer Answers

A: Under Pennsylvania law, the police normally have 30 days in which to issue a traffic citation -- but they have up to one year to issue a citation concerning any accident which involves bodily injury or death. So, if you weren't hurt, then the cops have 30 days to issue the citation; if you were, even in a one-car accident and the injury was your own, then they have up to one year to issue the citation. In any event, however, any court proceedings must occur within three years.

Presumably, you had your mail forwarded? If so, you should've received the citation via mail. If you didn't (and hey, the USPS isn't perfect), then you obviously still need to deal with the citation and the Pennsylvania Magisterial District Court to resolve the outstanding arrest warrant.

Perhaps write a letter to the court explaining the situation, asking that the warrant be lifted, and, if the time limits weren't followed, asking the court to dismiss the citation. In the alternative, you can ask the court to amend the citation to something with no points, and then just pay it to avoid spending the time and effort to drive back up here to contest the ticket. Your call, of course, how you want to proceed. Best of luck to you.

A: Under Pennsylvania law they only have to send the ticket to your address on your license. If you didn't have forwarding on your mail it's on you. I suggest you see if paying the citation will clear it. If not, then contact an attorney who handles tickets in the county where it happened.

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