Tag Archives: MOTOR VEHICLE LAW

Can an officer from a different township pull me over?

Q: I got pulled over and got a citation for that township police department but the officer was from a different township. (Canonsburg, PA)

A: There is a PA statute that allows an officer to leave his jurisdiction and follow (pursue) a vehicle if he suspects a crime or motor vehicle offense is being committed. You might find it in Section 6342 of the PA Motor Vehicle Code in Title 75. So, if you are cruising through township A and blow a stop sign, a police officer can follow you into township B and stop you and cite you. If you are saying that the officer from township A handed you a ticket identifying himself as a township B officer, that is weird. Are you sure he doesn’t work for both townships which is not uncommon in smaller communities that have part-time officers?

Can I fight an obedience to traffic control devices ticket for speeding?

Q: 71-mph in a 45-mph zone. There is no information on the citation regarding any speed timing device that was used to calculate my speed.

A:  You can always fight a traffic ticket. The issue is whether it is worth the time, effort and money balanced against your chance of winning. A lawyer would need to know more facts to give a thorough opinion, so I suggest you consult with one. My question is, if you were only cited with failure to obey a traffic control device, (red light, yield sign, whatever) which carries no points or license suspension and a small fine, why would you fight it? If you truly believe you are innocent, have a good driving record and some sort of plausible defense, plead not guilty, go to the hearing and tell your side of the story to the judge.

Will these traffic offenses show up on FBI background check?

Q: I have recently been charged with “Careless Driving” and “No Passing Zone”. This is the first time ever I have been guilty of anything. I was never drunk, nor arrested or fingerprinted or anything. The fine came in the mail because at the time cop pulled me over, I couldn’t find my registration. Anyhow, I am a medical student so I was wondering if it would show up on FBI background checks? Would it hinder my employment? This happened in the state of PA.

A: Most traffic offenses, such as these two, are not considered criminal offenses in PA. They will not show up on a criminal record check with the PA State Police. They will show up on a PA driver’s record, but again, they are not crimes. Please be aware that some no passing zone type offenses carry a driver’s license suspension that is not listed on your ticket, and is a separate matter handled administratively by PennDOT. Many times the unsuspecting motorist pleads guilty by mail and sends his or her money in, only to learn weeks later that PennDOT suspended his or her license. I would check to make sure this “No Passing Zone” offense does not involve school zones, school buses, construction sites, and other situations that may trigger such suspension. You should consult with a lawyer about the specific statute citation for which you are charged.

 

Does there have to be video evidence in a traffic stop?

Q: I let my friend use my jeep and he does not have a license. He and a licensed driver switched seats before the police were able to get behind the jeep. The officer says he saw the switch. There is no video evidence it. It is two people’s word against the police officer. Is there any hope of fighting the ticket and winning?

A: In most states there does not have to be video in order for probable cause to be supported or an arrest to be legal. Some progressive departments routinely use it and I understand even a few have a policy in place. Unless this police department routinely uses video in traffic stops or has a policy to do so, and for some unexplained reason, this officer did not use the camera, the officer’s word may likely be believed over your friends, by a judge or jury. However, if your attorney can establish other evidence through skillful cross examination, for example, the officer wasn’t in position to make the observation, there are discrepancies in the police report, etc., who knows, your friend may be able to establish reasonable doubt.  He should review this situation with an attorney. One thing you need to be aware of is that you can be cited for lending an automobile to someone who you know does not have a valid license. You therefore should not make any statements to the police.