I've been driving for seven years now and I've had a completely clean record. I was on my way back from NYC to Pittsburgh tonight and I got tagged doing 94mph (in 65mph zone) on the PA Turnpike 2.5 hrs from my home.

I don't have time to go to the court hearing because I don't have any vacation left. Here are my options so far:

- My buddy told me to get a lawyer representing me ($$$), supposedly has worked for him several times.
- Another one of my buddies said don't worry about it because I have out of state plates/license/registration so the points don't transfer. I'm from Washington State.

I can pay the ticket, that's not the problem. I just don't want it to effect my insurance premium.

Any other ideas or insights?

 

i would expect too many handouts going 29 over. Friend of mine have lost her licenses for 30 days doing 89 in a 65.

 

fight it with a good lawyer....bottom line, that is ALWAYS your BEST option in terms of INSURANCE and PITA stuff to deal with...

 

how did it happen?

you have two ways:
1. file a "motion of discovery" - up to the state to prove that the equipment used to ticket you was certified, tested, calibrated, and that the officer was fully lisenced to use the radar gun or whatever. the state has to pesent that at the date of the court. lots of hoops to jump though for one damn speeding ticket, so they probably wont waste thir time.
2. ask the judge fo "probation before judgement" it is your first ticket and you are entitled to one ticket being dropped from your record only once in your driving career. this one sounds important enough, so you might want to consider that option

but you should atmempt both of the things i mentioned.

 

Lawyer up. Traffic lawyers charge a flat fee to fight the case. At least mine did.

 

call the # on the ticket for the appropiate municipality and ask if the fine is ok to be paid without an apperance. if it is, send a check with the summons # on it ASAP. If they receive it in the allotted time, you will never hear about it again,period.

i know from many experiences with out of town speedos and assorted other tickets. they just want the cash from out of towners.

 

In PA it's different. The certifications for the operator and equipment are kept on file in each police department so it's no big deal for the officer to grab it on his way to the hearing. The hearing is always held in front of a District Justice (DJ), and there are different rules that apply. Motions of discovery are not usually entertained in the case of speeding tickets because all of the relevant information appears on the face of the ticket itself. You can ask at the hearing if the officer has brought the certifications, and if he hasn't the ticket is dismissed.

PBJ doesn't exist in PA. There are only 2 outcomes: guilty or not guilty. That doesn't mean you can't strike a deal with the trooper, but a reduction is not guaranteed. And if you get a lawyer to represent you at the hearing you still must show up.

Explanation of the Driver's License Compact Essentially, if you were cited for speeding, the points will not transfer to your Washington license, but 29 miles over the limit is pushing it. It's highly probable the trooper cited you for something else, like reckless driving. Which section of the MVC did he write on your ticket?

Your insurance is a different story. You don't have to have points on your license for a ticket to affect your insurance rate, but again that varies from state to state. You might be required by law to disclose the ticket to the insurance company.

-Maria

 

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Any other ideas or insights? [/B][/QUOTE]

Haha! Get a radar detector!!!

 

Maria - I appreciate you taking time to clear this up for me . I have a couple clarifying questions:

1) If I do fight this ticket, I am required to show up to court, correct? My friend in WA state had told me that he had hired a lawyer to represent him, and therefore he did not need to show up. And if I win in court, this ticket is completely nullified and therefore it does not go on my record correct?

2) He did not verbally tell me he was citing me for anything other than the fact that I was speeding. I don't have the ticket with me right now but I don't believe there were any other violations written on it. I also checked with WA's DOT and there is no point system (this is my first ticket, so I had no worries about points before)

3) I called my insurance company and inquired about out of state moving violations. They did not mention that I had to disclose any tickets I have received in the past. But from reading the DLC Fact Sheet, it seems like they will find out eventually (eighth point down). Is this correct?

4) BSK181 - So you're saying that if I paid this fine in full ASAP I will never see this ticket on my record?

 

HURRY UP AND PATY!!!!

 

Chikai, I'll address your concerns point by point....

1. If you fight the ticket, you are required to show up (whether you have a lawyer or not) in the Commonwealth of PA. The rules differ from state to state, so in Washington it may be permissible to have a lawyer represent you. You also need to pay attention to the address listed at the top of the ticket--that is where the information concerning the DJ is and that is where the hearing will be held. If this happened while you were still 2.5 hours away from Pittsburgh, you're going to have to travel that far for a hearing. BTW, where did this happen?

2. What the trooper verbally tells you means nothing. It is what's written on the ticket that counts. It will be a section number of the MVC, not a worded description of the infraction. That appears in the explanation section. I once had a town police officer tell me he was citing me for "Failure to Obey Traffic Control Devices," which is a section 3111, but when I looked at the ticket the next morning (it was past 3 am and I just wanted to get home--mistake) he wrote down section 3361 "Driving Too Fast For Conditions." The problem with that was a large difference in the fine plus points. The ticket itself is the bible for what you have been cited for. Also, he would issue a separate ticket for each violation, so you've only been hit for one.

It doesn't matter if WA has or doesn't have a point system. The DLC is concerned about larger infractions beyond parking tickets and simple speeding. It doesn't purport to equalize the points system among states. For example, if you were cited for DUI in PA, not only would you be subject to PA's laws on the matter (which include suspension of privileges and monetary fines) you would also be subjected to WA's laws. In essence you would have to deal with 2 suspensions that may or may not last for different periods of time.

3. I can't tell you for sure. WA state will receive notice when you are convicted of the infraction. Whether that information will appear on your driving record depends on the law. Your best bet would be to talk to WA's DMV and find out exactly what happens. Before you call make sure you have the exact name of the infraction first. There are many different ways to cite speeding in PA, and 29 mph over the limit would qualify as reckless driving.

4. DO NOT send in the money right away!!!!! If you pay the ticket that is considered a guilty plea and you have lost the right to a hearing. Of course you won't hear about it ever again; the matter is closed and cannot be reopened once you pay. You still have to send the bottom portion of the ticket in, but make sure you check the box to plead not guilty and request a hearing. BSK181 completely oversimplified the matter. Of course they want you to pay the fine, but what BSK181 fails to realize is that if the infraction is big enough, pleading guilty will result in the loss of your license because of the DLC.

-M

 

One better; buy a V1 and the Blinder M-10 laser jammer (and maybe one for the back of the car).

If you're going to drive 90+, it's worth the investment.

 

Maria -

I was trying to email you, but I guess you don't have that function activated. I really appreciate your help so far.

The section code on my ticket is 3362 which I found on the www.padmv.org site as Exceeding Maximum Speed Limit. The points are for PA only I'm assuming, because if they weren't I would've had FIVE points taken off!!!

I want to fight this but unfortunately I am going to be out of the country starting this coming Monday to the beginning of February. Most people have told me that once I get the process going it takes a good two months to even get a court date.

I'm a little weary of this because I won't be in the states, and if I do receive time sensitive material I wil not be able to respond. Do you see this as a problem.

Kai

 

wow..that is pretty serious..u must pay a lot.u ran over almost 30 mph over the speed limit.i think the only way is to pay the ticket and be careful and drive slow next time.as there is nothing u can do...

 

Call the DJ's office and explain the situation to them. Be polite and they just might work with you. The time it takes to get a court date depends on the individual caseload each DJ has. As for the violation, you got lucky; it's simple speeding which does not activate the DLC so no points on your license, but it still may have a negative effect on your insurance because you were so many miles over the limit (if you have to disclose it).

If you are still intent on fighting it, your safest bet would be to hire a lawyer. At that point in time, he/she would take care of all the logistics and you wouldn't have to worry about missing a court date or response deadline. A lawyer also will be the best person to bargain with the trooper for a reduction.

I do have the email feature disabled, but feel free to IM me at MFNlaw (AIM).

-M

 

Don't ever just pay the fine. You should always go to court first, assuming that's an option, because it's possible they'll reduce it or just make you pay the fine and court costs. Do whatever you can to keep the ticket off your record.