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Pennsylvania Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets and Car Accidents for Pennsylvania on
Q: How do you win a he said she said case
Tim Akpinar
Tim Akpinar
answered on Aug 26, 2024

A Pennsylvania attorney could advise best, but your question remains open for a week. This is an open-ended question - the answer could fill volumes, based on tactics used in court for impeaching witnesses. These could be found under state and federal rules of evidence.

The short answer to...
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1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: My brother doesn’t have a license and was stopped for driving an unregistered vehicle in pa.

He went to court and paid the ticket. I notified the police and they confirmed it was definitely not me once reviewing the body cam. What happens with my driving record now since it was not me?

T. Augustus Claus
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answered on Feb 23, 2024

In Pennsylvania, if your brother was stopped for driving an unregistered vehicle without a license and you were mistakenly associated with the offense, but the mistake has been acknowledged by the police after reviewing body cam footage, any wrongful entries on your driving record should be... View More

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: is it legal to get a ticket for driving without a license but not a ticket for the reason you were pulled over?
T. Augustus Claus
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answered on Jan 30, 2024

In Pennsylvania, it is indeed possible to receive a ticket for driving without a license without being cited for the initial reason for the traffic stop. Law enforcement officers have discretion in issuing citations, and it's not uncommon for them to issue a ticket for a more serious violation... View More

2 Answers | Asked in Criminal Law, Traffic Tickets, Admiralty / Maritime and Constitutional Law for Pennsylvania on
Q: Where is “Statutory Jurisdiction” in Constitution?

I appeared for a traffic violation. I told the Judge that I didn’t understand the criminal charge and asked under what jurisdiction the Court was operating in. When I heard “statutory jurisdiction”, I asked where that is located in the Constitution since the Constitution only mentions Common... View More

Tim Akpinar
Tim Akpinar
answered on Jan 29, 2024

The U.S. Constitution grants powers to courts under Article III. I'm not certain if uses the term "statutory jurisdiction," but it outlines the extent of judicial powers in Section 2, " ...to all cases of admiralty and maritime jurisdiction; to controversies to which the United... View More

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2 Answers | Asked in Criminal Law, Traffic Tickets, Admiralty / Maritime and Constitutional Law for Pennsylvania on
Q: Where is “Statutory Jurisdiction” in Constitution?

I appeared for a traffic violation. I told the Judge that I didn’t understand the criminal charge and asked under what jurisdiction the Court was operating in. When I heard “statutory jurisdiction”, I asked where that is located in the Constitution since the Constitution only mentions Common... View More

James L. Arrasmith
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answered on Jan 26, 2024

There is no specific mention of "statutory jurisdiction" in the U.S. Constitution. However, the concept of statutory jurisdiction falls under Congress' authority to establish federal courts and prescribe their jurisdiction under Article III, Section 1 and Article I, Section 8 of the... View More

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1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I received a citation in the mail on 11/30/23..the case was filed on 11/29/23. Incident occurred on 7/24/23 per ticket

The citation says that inpedt the scene of an accident. Is this even legal first of all? 5 months later? 2nd, I can 100% prove it wasn't me. I can't afford the $450 fine and it's been a month already. I'm afraid my license will be suspended when I didn't to this. There is... View More

Elliott Ross Katz
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Elliott Ross Katz
answered on Jan 25, 2024

If the incident occurred on 7/24/23 and the citation was not filed until 11/29/23, you *may* have a statutory defense. 42 Pa.C.S. 5553(a) requires summary offenses under the vehicle code (Title 75) to be filed within thirty days of the offense. However, there are two exceptions which may be... View More

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I am down in Pennsylvania visiting a family from north Carolina and I got pulled over and cop took license

I didn't know it was suspended can they take it still considering I'm licensed in North Carolina

James L. Arrasmith
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answered on Jan 8, 2024

If you are pulled over in Pennsylvania and the officer discovers your license is suspended, even if it's from North Carolina, they have the authority to take it. Driving with a suspended license is a violation of law, regardless of the state where the license was issued. The fact that you were... View More

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I was pulled over for being accused of not merging. I had merged already and had to avoid a vehicle I have Cdl ?

I was avoiding a reckless driver trying to get in a lane I merged out of. I had to go around to avoid accident. The officer was clearly 5 cars ahead must of thought I was trying to merge but I already did. Pulled me over as I passed by I have Cdl what should I do. Wrongly accused

James L. Arrasmith
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answered on Nov 24, 2023

If you were pulled over and feel you were wrongly accused of a traffic violation, especially as a CDL holder, it's important to handle the situation carefully, as traffic violations can have a significant impact on your professional driving record.

First, make sure to document all the...
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1 Answer | Asked in Contracts, Criminal Law, Traffic Tickets and Constitutional Law for Pennsylvania on
Q: Where does the parking authority receive their authority?

In Philadelphia, where it must be similar to NYC, there is a parking authority. I asked their law department the following question and they could not answer, and I just want to know for my records:

Will you please show me the law that states that people who are not engaged in commerce and... View More

James L. Arrasmith
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answered on Sep 12, 2024

The authority of a parking authority, like the Philadelphia Parking Authority (PPA), typically comes from state legislation or municipal code that grants them power to regulate parking in public spaces. For Philadelphia, this authority originates from the Commonwealth of Pennsylvania, which... View More

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I received a citation for meeting/overtaking a school bus. I can’t work if I lose my license. Can I prevent that?

I was turning left and did not see the bus had her stop sign out. The officer was pulled up beside me berating my grandson through the window to put seat belt on and when green arrow lit up, I turned and he immediately pulled me over

Ellis B. Klein
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Ellis B. Klein
answered on Sep 1, 2024

We not guilty and you will get a court date. Get a good attorney to go with you to try to negotiate the ticket to something where you don’t lose your license.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Traffic Citation under “Obedience to Traffic Control Devices.

I was speeding and going 50 in a 25 I was clocked by a speed trap going 50. On my ticket it states that was my speed and that the Secs. Timed was 1.3200 but where it says Miles times, and Miles followed it is blank. I was given a ticket under Obedience to Traffic Control Devices rather than a... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

Get a local traffic ticket attorney. My opinion is NO, because it is an instantaneous speed reading and not a pacing. "Miles" is for when you are paced by an officer in a car. Thank you for using Justia's Ask a Lawyer, but don't rely on what you are told here, consult a local... View More

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Got a speeding ticket 61 in a 45 Is there anyway to get it reduced? Bern twp pa.

Received the ticket in a company CMV

Ellis B. Klein
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Ellis B. Klein
answered on May 17, 2024

Absolutely. Get a lawyer to help get the best results. Many judges there will let a lawyer appear for the client so that you would not have to attend

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Got pulled over with expired inspection, on the way to get new inspection got a ticket. How can I fight it?

My inspection was out, I was on my way to get it done and the cop pulled me over and ticketed me. Can I fight it since I was on the way to the shop? Within 45 minutes of getting the ticket I had a fresh inspection.

Ellis B. Klein
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Ellis B. Klein
answered on Feb 6, 2024

Plead not guilty and either get a lawyer to go to court or go to court yourself. The police office may withdraw the citation if you come to court with proof. Good luck

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Would I be able to send a lawyer in for me?

I got a ticket from February and forgot to pay it and it got to the point where I couldn’t pay it online and received a warrant for my arrest. It’s now December and I haven’t been arrested for it and haven’t gone to court.

Ellis B. Klein
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Ellis B. Klein
answered on Dec 11, 2023

Please give me call at (215) 867-2393 and I would be happy to discuss your situation.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Non pa residents and tint restrictions (Pulled over for windshield tint, but I'm visiting pa from Florida)

All the law on nonresident tint in pa

John Michael Frick
John Michael Frick
answered on Jul 13, 2023

See attached: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.dot.state.pa.us/public/dvspubsforms/BMV/BMV%20Fact%20Sheets/fs-sun.pdf

It is irrelevant that you are visiting. This is what is required for the vehicle to be operated on Pennsylvania roads. Some municipal...
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1 Answer | Asked in DUI / DWI and Traffic Tickets for Pennsylvania on
Q: Why didn’t the officer charge this person with a DUI?

I witnessed an intoxicated person driving last night who ended up causing property damage. Officer found this person at their residence and only issued a citation. Why didn’t the officer arrest this person? I was an eye witness to the whole incident and there was property damage. Those two things... View More

T. Augustus Claus
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answered on Jul 10, 2023

It's possible that the officer did not have sufficient evidence to establish intoxication at the time of the encounter, or they may have chosen to issue a citation instead of making an arrest based on their discretion and department policies. Keep in mind that law enforcement decisions can... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Pennsylvania on
Q: I was just issued a traffic citation for driving without a license, on probation, what should i tell my PO

Also am i likely to recieve a probation violation for this? The officer i was pulled over by said i should have nothing but a small fine to pay, this is my first traffic violation and would be my first probation violation, is it likely my probation officer would let me off with a warning?

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Many other factors will determine outcome. You are on probation for what? You have a license but did not have it with you? Your license is suspended? All have differing results. Best to discuss with your PO before he gets a report from DMV. I recommend you contact several attorneys in your area... View More

2 Answers | Asked in Traffic Tickets for Pennsylvania on
Q: My friend and I got pulled over in my car and my friend was driving with a suspended license

So my sister and mom were in the hospital and I was in a distressed state and I own a manual 2003 mustang. I drove it for a little bit and couldn't focus and pulled over and had my friend drive and that's when my friend got pulled over by the cops.

T. Augustus Claus
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answered on Jul 5, 2023

I understand that you were in a distressed state due to your sister and mom being in the hospital, and I sympathize with the challenging situation you were facing. However, driving with a suspended license is a serious offense and can result in penalties such as fines, license suspension extension,... View More

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1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Can a cop issue me a speeding citation without pulling me over, and without a positive ID of me?

I am a volunteer firefighter and I was responding to a call with a blue light on my car, I ended up passing a PSP trooper running radar who claims he caught me doing 90 in a 55. The trooper did not attempt to follow me or use his lights to stop me stating he "didn't want me thinking he... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

In most jurisdictions, the PO has to make a positive identification of the driver and their identity. This case arises under traffic ticket law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Should I just plead guilty and pay the fines?? If I plead guilty, will the record remain on my license?? If so how long

I received 2 traffic citation points, today. The charges are Restraint System (I had my cousin in my car without a booster seat just for a quick ride) and Driving on Roadways lanes for traffic. I understand that both charges are 100% my fault. But I’d like to know if there’s any better way to... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Some states have a diversion system for the restraint violation. You take a class and it is dismissed. It doesn't matter how short the trip is, if you are on the road you have to follow all the restraint and booster seat laws. On the second one, I have no comment. This case arises under... View More

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