PA TRAFFIC TICKET PROCESS

The vast majority of traffic offenses in Pennsylvania are summary offenses. A summary offense is a crime with a maximum penalty of 90 days imprisonment. The penalty assessed for most summary crimes and traffic citations is a monetary fine; in fact, jail time is generally reserved for major traffic related offenses such as DUI. The troubling penalty with PA traffic tickets is the assessment of points on your PennDOT driving record that can lead to a suspension of your Pennsylvania driver's license. Further, some PA traffic violations carry mandatory license suspensions.

If you fear that your license may be suspended call criminal defense and traffic citation lawyer David Lampman at 570-371-3737.

Initiation of the Case

A traffic case is initiated by a PSP trooper or police officer issuing a citation following the traffic stop. The summons or citation can also be sent to the defendant by mail.

Content of a PA Traffic Citation

A Pennsylvania traffic citation / summons is generally a one page form document. The police officer prints relevant information on the citation. It includes the magisterial district, date, offense location, defendant's name and address, vehicle description and owner, the offense and statute number, a brief description of the violation, and the fines and fees. The ticket also describes what must be done to respond to the citations.

Errors on the Citation

Substantial errors on a traffic ticket in Pennsylvania may result in dismissal if the defendant can establish prejudice. For example, recording the wrong section of the PA Motor Vehicle Code may be prejudicial error. The officer's failure to properly describe the event or a violation will usually result in a dismissal.

Minor errors such as incorrect spelling or getting the year of the car wrong usually don't justify a dismissal. Even minor errors can result in betting the ticket if the argument is properly crafted and presented.

Responding to a Traffic Ticket

If you receive a traffic citation in PA you must either plead guilty and pay the fine, or plead not guilty and request a hearing within 10 days. If you fail to respond to the citation you risk having your license suspended.

It is important to act fast; however, it is also essential to understand the consequences of pleading guilty to the traffic ticket. In short, the Pennsylvania Points System is complex and has mandatory suspensions once you reach six (6) points or if you are convicted (or plead guilty) to certain traffic offenses.

Requesting a Hearing (Summary Trial)

If you decide to fight the traffic ticket you will have to request a hearing by noting it on the citation and mailing it to the proper authority. The district magistrate Judge will send notice of the summary trial time, date, and location.

The majority of traffic violations in Pennsylvania are prosecuted by the arresting officer; therefore, it is very unusual for an assistant district attorney to be present. The officer will usually testify and may call witnesses to help prove the case against you. If physical evidence is relevant it will also be introduced. You or your attorney will have an opportunity to cross examine the Commonwealth's witnesses and present witnesses to support your defense.

At the conclusion of the testimony the judge will often allow argument related to the evidence. The judge will finally decide the case. If you are NOT GUILTY, the security you posted when requesting the summary trial will be returned. If you are GUILTY, the security will go toward paying the amount of the fine and court costs and PennDOT will add points to your driving record if appropriate.

Failure to Attend Summary Trial

If you fail to appear at the hearing or summary trial a guilty verdict will be entered against you and you will have to pay the balance of the fine and court costs.

Summary Trial Appeals

Summary hearing or trials can be appealed to the Court of Common Please within 30 days from the entry of conviction. A Summary Appeal can even be taken to the Court of Common Pleas even if the conviction resulted from pleading guilty by paying the fine by mail. The thirty (30) days includes Saturdays, Sundays and Holidays, unless the deadline falls on one of those days in which case, the deadline is the next business day. If the appeal was properly and timely filed you will be given a new trial at the Court of Common Pleas in the county where the alleged offense was committed.