Tag Archives: SUMMARY OFFENSE

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.

Can I let unlicensed driver drive my car?

Q: Car and insurance in my name being driven to work by someone without a valid license. What happens to me if he gets pulled over? He is in process of getting his license back, the title and insurance are in my name. Will only he get in trouble if caught, or will I also get in trouble?

A: In PA, if you have knowledge that a person has no driver’s license-whether suspended or they just don’t have one, and you allow them to operate your motor vehicle, you can be charged with a summary motor vehicle offense. In addition, read your insurance policy to make sure your carrier will not deny coverage if such person is involved in an accident while driving your car with your consent.

Can I let unlicensed driver drive my car?

Q: Car and insurance in my name being driven to work by someone without a valid license. What happens to me if he gets pulled over .He is in process of getting his license back, the title and insurance are in my name. Will only he get in trouble if caught, or will I also get in trouble?

A: In PA, if you have knowledge that a person has no driver’s license-whether suspended or they just don’t have one, and you allow them to operate your motor vehicle, you can be charged with a summary motor vehicle offense. I have seen it happen. In addition, read your insurance policy to make sure your carrier will not deny coverage if such person is involved in an accident.

How much is the fine for a Retail Theft for a minor?

Q:Roughly how much would a retail theft fine for a minor be? Also, will it be on your permanent record?I got caught stealing 20 $ headphones from Wal-Mart and the state trooper said I would be charged with retail theft. I am 16 and this is a first offense.

A: Make sure your parents get you a lawyer. As a first timer, you may be able to enter a program to avoid a conviction and juvenile criminal record. Your case may be taken into Juvenile Court at the Common Pleas Level, or may be filed at the District Justice level, which is more likely. A first time Retail Theft charge is a summary offense if the merchandise is valued under $150.00. So if you were found guilty of this, or pleaded guilty to it, you would pay $150.00 plus court costs which could be another estimated $115.00 for a total of $265.00.

 

 

Can I let unlicensed driver drive my car?

Q: Car and insurance in my name being driven to work by someone without a valid license. What happens to me if he gets pulled over .He is in process of getting his license back, the deed and insurance are in my name. Will only he get in trouble if caught, or will I also get in trouble?

A: In PA if you have knowledge that a person has no driver’s license-whether suspended or they just don’t have one, and you allow them to operate your motor vehicle, you can be charged with a summary motor vehicle offense. I have seen it happen. In addition, read your insurance policy to make sure your carrier will not deny coverage if such person is involved in an accident

Can I let unlicensed driver drive my car?

Q: Car and insurance in my name being driven to work by someone without a valid license. What happens to me if he gets pulled over .He is in process of getting his license back, the deed and insurance are in my name. Will only he get in trouble if caught, or will I also get in trouble?

A: In PA if you have knowledge that a person has no driver’s license-whether suspended or they just don’t have one, and you allow them to operate your motor vehicle, you can be charged with a summary motor vehicle offense. I have seen it happen. In addition, read your insurance policy to make sure your carrier will not deny coverage if such person is involved in an accident.

 

PUBLIC URINATION-SHOULD I PLEAD GUILTY?

Q: Should I plead guilty or not guilty to public urination? I received a citation for public urination while very intoxicated in Pittsburgh, PA. I refused to sign the citation and would not give them my SSN. I started arguing with the cop but ultimately still got home with only a citation. What should I plea?

A: You should not plead guilty by checking the box on the reverse side of the subpoena and sending your money in. If you don’t have a criminal record, an attorney may help to get you out of this with no record. If not, a summary conviction will result in a criminal record and cannot be expunged until you have completed 5 years of arrest free behavior.

How do I keep a young girl away from taking advantage of my 87 year old father?

Q: While in a rehabilitation hospital, my father was getting taken care of by a young 29 something girl. After he left there, she managed to get his address and phone number. She has been to the house and calls him every day. This has been going on for seven months now. My mother has passed away so we moved my father to an assisted living facility 4 hours away from this girl. He is telling my sister and I that he loves her and is in love. She has got him convinced that he needs to go back to his house. There is money and property missing from the house and he keeps telling us that she is his friend. We are just so afraid that she is taking advantage of him but we don’t know what to do. He cannot live in the house alone. Any advice or direction would be go greatly appreciated

A: If he is mentally clear, there is little you can do except this. If you are sure money is missing, you can see if a police officer will take a report and at least talk to this girl. Not all police departments will do this, but some will. This may shake her up a bit. Dad should have a Power of Attorney at this point in his life so you need to talk to him and see if you can get him to a local attorney in order to address this. If you or someone in the family can serve as his Agent on a POA, you can file the POA with all the financial institutions where he has money on deposit and inform them to notify the Agent if any large or suspicious withdrawals are attempted. If your father is not clear headed and you cannot get him to sign a POA, then your only option besides letting this girl know she is being watched and hoping she will get the message and go away is to file for a Guardianship of your father in court. This is somewhat expensive and requires the assistance of a lawyer. I would sit down with a lawyer and discuss all of the facts before you decide what to do.

FIRST TIME COLLEGE PUBLIC INTOXICATION CHARGE

Q. I am an education major in PA and I received a citation for drunk in public, should I fight it? Will this show on my record. I was walking down the street at my college campus and an undercover cop pulled up and asked if I was okay then I was given a breathalyzer test and eventually taken me to my dorm where a friend signed a release form. They hand cuffed me but never read me my rights. Next, I have to contact the magisterial district court. I was wondering if I should bring a lawyer to court?

A. You need an attorney to help you avoid a conviction, one way or the other. A conviction of this seemingly harmless summary offense will stay on your record for 5 years. At that point you can pay an attorney to expunge it. In addition, if you are a minor, there will be a driver’s license suspension. There may be first offenders options for students like you and an attorney will know how to access them.

A SUMMARY, DISORDERLY CONDUCT CHARGE-WHAT IS MY FATE?

Q. I am charged with Disorderly conduct- Engaged in a fight “Summary Offense”? I have court this week. I’m just wondering what to expect. Will I go to jail or will I pay a fine? I am a minor and I plead guilty.

A. You can get 90 days in jail for a summary, but most people don’t. Usually only vagrants, the homeless or frequent flyers get jail time on summaries. Your fine will be anywhere up to $300 plus costs. A lawyer may be able to improve your situation. There may be other options such as a withdrawal of the charges. If you are convicted of a summary offense, it stays on your criminal record for 5 years. At that time, you need to pay an attorney to expunge your record.