Tag Archives: MOTOR VEHICLE

How do I try to have a misdemeanor hit and run dismissed?

Q: On Monday, November 4th , on my way home from work, I entered a traffic circle and was immediately blinded by oncoming headlights. I felt a very slight bump and felt I may have bumped a reflector pole in the circle. At home, I checked the car and there was a scratch on my right front fender. That evening an officer arrives to let me know I bumped another car and he needed my insurance, license and registration to share with the other driver. Tuesday the officer calls to tell me I need to come in for fingerprinting due to a hit and run charge! It was a minor hit and run charges with little damage and no injury! Can it be dismissed. How would I try to do that? (Mt. Pleasant, PA)

A: Try to get an experienced criminal defense attorney. Most people are not aware of the laws applied to these circumstances, but they are strict. Section 3743 of the Title 75 of the PA Motor Vehicle Code requires you to remain at the scene and exchange information when there is an accident involving property damage. Section 3744 basically says that if you cannot locate the other driver or property owner you need to go to the closes police station and make a report. A misdemeanor 3 can stay on your record for years, and there is a hidden driver license suspension with this offense. Believing that you hit a reflector pole, if damaged, would require such reporting to the police. However, your defense of not knowing you hit another vehicle and you being fully insured and hopefully not having a bad driving record, may help in negotiating this down to a summary leaving the scene or even another less harmless traffic offense. An attorney will know every angel of this. Do not try it on your own.

Someone used my name

Q: How do how do I get a ticket out of my name for driving without a license if I never had a license? I wasn’t driving and didn’t do this. (Pittsburgh, PA)

A: It sounds like you may have a defense. Unfortunately, you will need to appear in court and present it. I would consult with an attorney. It is unlikely that the perpetrator had the same identical car as you, looked the same as you, etc. Cross-examination of the officer by an attorney can establish mistaken identity. Also, you can raise an alibi witness defense if you can prove you were elsewhere at the date and time of the alleged caper.

Can a friend with suspended license drive someone else’s car?

Q: My friend has a suspended license in PA. They were told that they can have their car placed in someone else’s name and be able to drive it, is this true? It doesn’t sound legal to me, but their attorney suggested this to them? (Pittsburgh, PA)

A: That is not going to work. The PA driver’s license follows the driver not the car. I can’t believe an attorney gave this advice. Perhaps he is trying to build his client base.

Do I have to pay parking ticket with wrong plate number on it?

Q: The information on the ticket is Plate Number MRS NO (NOTE that is the letter (O) State: PA Vehicle: JEEP White Location: Xt487. My real plate number ends in a Zero (0) NOT the letter O Do I have to pay the ticket. To complicate matters my vehicle is well-known to the local police and meter maids where the ticket was issued. If the person with the same plate ending in the Letter O is sent and replies to a 30-day past-due can the meter maid correct her mistake and charge me? (plus, fees etc.)? I’m sure they will know that if it wasn’t MRS NO that it was MRS N0 because they see my Jeep all the time. (Coraopolis, PA)

A: If it was you, just pay it. I assume the officer had everything else correct-the make, model number and color of your vehicle. The chance that there is another person with the same vehicle make, model and color with the same vanity plate except one digit off (“O” instead of “0”, is unlikely, especially living in your area. A typo or minor clerical errors are not enough to defeat a case like this, especially when all the other information is accurate.

I recently received Criminal Complaint with several inconsistencies

 Q: I was pulled over and received a police criminal complaint in the mail. I did everything by the book when I was pulled over. They have my name wrong multiple times, the year of my vehicle and there are inconsistencies with the time of the incident. Also, they have that I had told them that I do not have proof of insurance, but I do and when I told him it would take me a minute to find it. They told me not to worry about it and in the report, they have that I did not have it whatsoever, but that is not part of the charges, so it may be irrelevant. (Monroeville, PA)

A: Mistakes and typos in legal documents, believe it or not, are not unusual. However, I would note these inconsistencies and tell them to your lawyer. Proof of insurance is not really an issue if you were not charged but bring proof of insurance to the hearing in case it is mentioned.

I recently received Criminal Complaint with several inconsistencies.

Q: I was pulled over and received a police criminal complaint in the mail. I did everything by the book when I was pulled over. They have my name wrong multiple times, the year of my vehicle and there are inconsistencies with the time of the incident. Also, they have that I had told them that I do not have proof of insurance, but I do and when I told him it would take me a minute to find it. They told me not to worry about it and in the report, they have that I did not have it whatsoever, but that is not part of the charges, so it may be irrelevant. (Monroeville, PA)

A: Mistakes and typos in legal documents, believe it or not, are not unusual. However, I would note these inconsistencies and tell them to your lawyer. Proof of insurance is not really an issue if you were not charged but bring proof of insurance to the hearing in case it is mentioned.

What can I do?

Q: I have been charged with driving without a license. The problem is my younger brother and his girlfriend used my identification. I now have a warrant for my arrest and a fine to pay, My brother is currently in jail and his girlfriend lives in Washington, PA What can I do? (Bridgeville, PA)

A: Driving without a license or driving under a suspended license are summary offenses. I am surprised there is a warrant but will assume you are correct. I imagine there is a warrant for not showing at a hearing. If you missed a District Justice level hearing, you might call the District Justice Office and explain what happened. They may reschedule you. If not, they likely tell you to turn yourself in. Without knowing more, and assuming this is a summary offense, I don’t think you will go to jail when you turn yourself in to the DJ. However, you will decrease your chances of going to jail by working with an attorney.

Is an unregistered vehicle or vehicle with expired inspection a misdemeanor?

Q: I was cited in Pittsburgh for driving a vehicle with expired registration and for driving a vehicle with expired inspection stickers in a separate citation. Are these non-moving traffic violations considered criminal violations as a misdemeanor or are they like speeding or parking violations as a non-criminal summary offense? As a side note, the traffic dockets were recorded under the magisterial district courts and not in the criminal courts dockets. (Pittsburgh, PA)

A: These particular offenses are motor vehicle summary violations. If your docket number starts with “CR”, the charges are misdemeanors or felonies. If your docket starts with “TR”, the offense are summary motor vehicle offenses. If your docket starts with “NT” they are non-traffic summary offenses and usually criminal (Public Urination, Disorderly Conduct, Harassment, Public Drunkenness, etc.) Your hearing will be held in the Municipal Court Building, 2nd Floor, on 2nd Avenue, not in the Allegheny County Courthouse.

I received five tool violations in the mail

Q: I received 5 separate tool violations and am afraid I’ll have more coming. I exited the EZ-pass lane and thought I had funds. The cost of the tools are a few bucks each, but each separate violation has a 25.00 admin fee. Is it possible to appeal or get those waived or reduced? (Export, PA)

A:  I think you mean toll, not “tool”. I have never represented anyone for this offense. I however, committed a similar violation. I read my appeal rights on the back of the EZ fine material that came with the ticket, and appealed. I provided supporting documentation and my appeal was granted. I was spared. If you have a defense you may want to appeal.

If driving privileges are suspended in PA from DUI can I legally drive in PA with a NY license?

Q: I have a NY driver’s license from when I was in the Army. I was wondering if I could drive legally in PA with the NY driver’s license. Also, I got my DUI back in 2014. I have now heard that a warrant is required to take blood from DUI perpetrators. They didn’t have a warrant for my blood, so can I fight it? My license in PA is to be suspended for 18 months. I have completed 14 months out of the 18, is there any way I can get my license back earlier? (Carnegie, PA)

A: If a PA driver’s license suspension is in effect, the notice of suspension will be sent from PennDOT to the NY Department of Motor Vehicles. Most states are signatories to an interstate compact act and have reciprocity with driver’s licensing matters. You can probably call the NY State DMV to be certain. As far as the requirement of police to obtain a search warrant to obtain blood from a hospital, Birchfield v. North Dakota was a 2016 case and therefore does not apply retroactively to 2014. As far as getting your license back early, it is doubtful, but you can file for an Occupational Limited License on the PennDOT website. My question is why in 2017 are you still under suspension? You may want to get a Restoration Requirements letter and your driving record from PennDOT. You may also want to call the Clerk of Courts to see if there is any probation condition you have not fulfilled to make yourself eligible to restore.