Q: I received a traffic ticket for speeding while driving under a suspended license (from a DUI). The police officer did not bring it up or address it in the fine, but rather wrote that I was speeding 22 mph over the speed limit. I thought I was getting a huge break but when I got home I noted no fine amount so that I may plead guilty, pay the fine and hope I am not caught in the process of the suspension? Being that this would add 4 points to my driving record, does that warrant a mandatory appearance in front of a judge or could I call the Clerk of Courts to get the fine amount, pay it, and move on? (White Oak, PA)
A: Your question is a little unclear. I suggest taking the citation to a lawyer. If you were cited for speeding, 3362 and driving under a suspended license, DUI, 1543 b, you have a problem. The speeding will carry a fine, but the 1543 for a first offense can result in a one-year license suspension, 60 days in jail and a $500 fine. If you were cited only with speeding citation, and not a 1543 b, if you plead guilty and pay the speeding fine, the police cannot cite you thereafter for the 1543 as it would constitute double jeopardy and violate Criminal Rule of Procedure 109 and/or 110. However, what will likely happen is the cop will run your record after he gets back to the station, discover you are under and DUI suspension and cite you with a 1543 before you can get to court on the speeding offense.
MOTOR VEHICLE LAW, MAXIMUM SPEEDS, DUI SUSPENSION, 1543 (b), PLEA