Tag Archives: MOTOR VEHICLE OFFENSES

If a minor’s case gets tossed in district court can they still charge in juvenile court?

Q: My 17-year-old son pulled over 12:46am for having a break light out. Cop said he didn’t have insurance, but I did, it’s my car, His mom I just bought it 10 days prior and just didn’t get around to dropping old and adding new car with our insurance agent. They searched car found small amount weed, a bong, papers and e-cigarette devices. Now, I get 2 fines for district court no brake lights no insurance, but it’s addressed to the defendant with my first name and my son’s last name. The cop wrote it this way on the ticket, so I am fighting the ticket. If they drop these tickets can it go to juvenile court? Since the district dropped I don’t understand why 2 different courts are charging with the same offenses. (Duquesne, PA)

A: Your question is a bit confusing. It really depends on who is charged in each action. If you are charged on the Motor Vehicle traffic summaries, and your son is subsequently charged in juvenile court for the reefer, then that is permissible under the rules. However, if your son is charged with Motor Vehicle summaries, enters a plea of guilty, or is found guilty or not guilty, an adjudication occurs. The police cannot then charge him again for drug offenses arising out of the same set of facts. There are Rules 109 and 110 of the PA Rules of Criminal Procedure that address this. It is basically a double jeopardy situation. I would consult with a lawyer for a precise answer as I am not looking at your charges and am not sure I have all the facts