Mc Kees Rocks, PA asked in Gov & Administrative Law, Criminal Law and Constitutional Law for Pennsylvania

Q: In regards to the previous question of minimum requirements of due process, at a local level

More specifically, a municipality. To be quite forward, under notice fairly given.

Any attempt to extract fees, or prosecute for said fees, under a non dangerous, non moving violation such as a parking ticket. The ticket would be considered a first step in legal procedure correct? And must be followed up with fairly given notice in order to satisfy due process. Not just asign a ticket to the infracting automobile then immediately proceed to prosecution with additional fines and fees amounting to a 400% increase which is grossly disproportionate to the gravity of the offense it is designed to punish.

So my question is under notice fairly given, what constitutes as "minimum requirements" or is there no defense against these of "attacks"?

1 Lawyer Answer
Mr. Ryan L Hyde
Mr. Ryan L Hyde
  • Criminal Law Lawyer
  • Exton , PA
  • Licensed in Pennsylvania

A: I think I get the gist of your question this time. The ticket is not evidence against you it is simply notice that you have committed a violation. On that ticket is information about what you need to do to challenge that violation. The ticket does not assign a value for a penalty it merely puts you on notice of the penalty so that you are properly informed when you choose to challenge or plead to the ticket. Additionally, the costs assessed by the court should you not plead in a timely fashion have been held to be acceptable in court. A ticket is not a finding a guilt, you are still entitled to a hearing.

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