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Pennsylvania traffic ticket appeals lawyer
PA traffic ticket appeal attorney
Appeals of Traffic Ticket Convictions in Pennsylvania
At Lampman Law, we understand the importance of having a valid driver's license. That is why we fight PA traffic citations and file appeals to challenge traffic citation convictions. We often help our clients avoid driver license suspensions.
If you've received a notice of license suspension or if you've been convicted of a traffic citation that will result in a license suspension, we can advise you on your right to appeal to the Court of Common Pleas, evaluate your likelihood of success on appeal, and represent you. If you have been cited with traffic violation in Pennsylvania and are concerned that you may be subject to a suspension please call us at 570-371-3737. Below is an explanation of the process to challenge a summary traffic conviction.
What is a Summary Traffic Conviction?
A summary traffic conviction occurs when a person enters a guilty plea to a traffic citation or is found guilty following a summary trial in magistrate court. Everyone cited with a violation of the Vehicle Code has the right to request a summary trial. Most people, however, enter a guilty plea by signed the GUILTY line of the ticket and mailing it to the magisterial district court office. Either way, the result is a conviction that can be appealed.
What is the Deadline to File a Summary Appeal?
A person must act quickly to timely preserve their right to appeal and challenge a summary traffic conviction because the deadline is thirty (30) days from the conviction date. Therefore, the date the conviction was entered matters as there is only a 30-day window to file the appeal from that date.
How is a Summary Traffic Appeal Filed?
A summary traffic appeal is commenced by filing a notice of a summary traffic appeal with the Clerk of Courts in the Court of Common Pleas. It is important to use the correct notice of appeal form because some counties use the AOPC notice of appeal form while others use a county specific form. It is also important to complete the notice of appeal correctly. Finally, there is a filing fee that must be paid to the Clerk of Court.
Will Filing a Summary Traffic Notice of Appeal Stay the License Suspension?
Many times, filing a notice of a summary traffic appeal will delay the start of a license suspension, if the notice of appeal was properly filed and if the notice of appeal was properly served on PennDOT. However, there are exceptions to this general rule. It is best to consult with an experienced attorney concerning this issue.
What happens with a Summary Traffic Ticket Case in the Court of Common Pleas?
When a notice of a summary traffic appeal is timely and properly filed, a new trial is scheduled in the Court of Common Pleas. The trial will be heard by Court of Common Pleas judge. Thus, the case will be decided by a new judge. The police officer that issued the citation must appear at the summary appeal hearing. If the officer's case relies on witnesses, they will also have to be present. In general, the officer will be represented by an assistant district attorney.
Summary traffic appeals hearings typically require several hours of court time because there are numerous cases scheduled at the same date and time. Many cases are settled and resolved without a full evidentiary hearing. The cases that are not resolved are then heard by the court with the judge ruling on both the facts and the law.
Should I Appeal a Summary Traffic Ticket Conviction?
It depends on your situation and the consequences of the conviction. However, if the conviction triggers points, excessive fines, PennDOT action, a license suspension, or in jail time you should talk to a lawyer about the benefits, costs, and risks of filling a summary traffic appeal.
Lampman Law offers a free consultation, so there is no risk to calling us to discuss your case. Our phone number is 570-371-3737.