Q: Two part question: pulled over for tint and can a citation change?
I was driving to work the other morning (very early, it was pitch black) and I noticed an officer following me for a few miles. They eventually pulled me over and used a handheld device to check the tint on my back, driver- side window. I have absolutely 0% tint on my windows, so I believe they were reaching for anything.
They told me that my license was suspended. I told them that I sent away for an OLL, but it wasn't coming up in the system. So I checked my bank and it looks like the checks I sent to instate the OLL were never cashed (I'm assuming the fact that I sent them in right as the COVID situation hit the fan may be to blame) So, can I fight the ticket since they pulled me over at night, without seeing me, for tint that I don't have?
Also, the citation lists it as "driving with suspended license - 1st offence" (sic) but this would actually be my 2nd offense. Can they later increase the amount? Will it eventually see my offense and change the charge?
First thing you should do is follow the instructions on the ticket and plead not guilty to both citations because if you are convicted of driving under suspension that will add an automatic one year suspension to what you already have. Second thing you need to do is contact PennDOT immediately and find out what if anything you need to do to get your license restored. It's been my experience that if you come to court with a restored license most police officers are hesitant to take it away from you again. You also may have a suppression issue for the stop if the cop pulled you over for a tint violation.
Last thing, get an experienced lawyer to help you keep your license once it is restored. Most of us give free consultations go start calling around. Good luck
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