When you have been charged with a traffic violation, you may believe the most cost effective action would be to just pay the ticket and be done with it. In many instances, you would be wrong. Conviction for traffic violations can lead to fines and penalties, as well as significant increases in your auto insurance premiums as a result of the points that may be added to your driving record. An experienced lawyer can help minimize the consequences of a traffic ticket.
We believe that everyone is entitled to high-quality, aggressive criminal defense, based on who you are and what you need, not just on what you can pay. When you hire us to defend you on a traffic violation, our lawyers will be there at your side throughout the process, making certain your rights are protected.
Driving With A Suspended License
Due to recent amendments enacted by the Pennsylvania Legislature, Driving Under Suspension has increased penalties and mandatory incarcerations that affected individuals cannot afford. If you or a loved one is facing mandatory incarceration for a DUS charge, our team of litigation attorneys are here to help. We have successfully defended hundreds of DUS charges, resulting in reduced charges, license restoration, house arrest sentences and even dismissal of charges. Do not leave yourself in a situation of losing everything, call Miller Lyden, P.C. now for a free consultation.
Please note that there are two possible violations that you may receive for driving while suspended. They are as follows:
1543(a) – This subsection refers to driving a motor vehicle on a roadway in Pennsylvania when your license has actually been suspended or reverted and has not been restored. Please note that this does not relate to any alcohol related charges and a conviction of this subsection will result in an additional one year driver’s license suspension as well as a fine. This is an extremely serious charge and we would strongly advise you to obtain the services of our office if you have been charged with this section.
1543(b) Driving Under Suspension – DUI related. Please note that this is a summary motor vehicle offense that carries a mandatory JAIL SENTENCE. An attorney is mandatory in this matter.
As cash starved Pennsylvania municipalities look at their budget for the coming year, the state relies on a certain dollar amount in revenue from traffic violations. One of the most important sources of revenues for these townships are speeding tickets. One of the questions that we are asked is: How many points am I facing for a speeding ticket?
|Exceeding maximum speed
Miles over Speed Limit
|Amount of Points:
|0 to 5 miles over speed limit
|6 to 10 miles over speed limit
|11 to 15 miles over speed limit
|16 to 25 miles over speed limit
|26 to 30 miles over speed limit
|31 miles and over
||Departmental Hearing and Sanctions provided under Section 1538(d) and 5
(Please note that if traffic violations occur in an active work zone, an additional 15 days of suspension is possible and all fines are doubled!)
Should you lose your license, you may be able to obtain an occupational limited license for the purposes of getting to and from work.
75 Pa. Cons. Stat. § 3714 clearly indicates the provisions for careless driving in the state of Pennsylvania. Please note that they are as follows:
(a) General rule.–Any person who drives a vehicle in careless disregard for the safety of persons or property is guilty of careless driving, a summary offense.
(b) Unintentional death.–If the person who violates this section unintentionally causes the death of another person as a result of the violation, the person shall, upon conviction, be sentenced to pay a fine of $500.
(c) Serious bodily injury.–If the person who violates this section unintentionally causes the serious bodily injury of another person as a result of the violation, the person shall, upon conviction, be sentenced to pay a fine of $250.
(d) Definition.–As used in this section, “serious bodily injury” means any bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
Our office has lately seen an increase in the rise of reckless driving tickets that are issued in reference to automobile accidents. Despite the fact that many of our clients are not at fault for the accident, they have been arbitrarily issued these tickets. As such, we would strongly suggest that they allow us to defend them in these matters and potentially avoid the three points associated with a guilty conviction of the ticket as well as the potential increase in their insurance rates.
Although similar in nature to Careless Driving, and though lacking the point violation attributed to Careless Driving, this offense carries a much stiffer penalty in the form of an automatic suspension.
§ 3736. Reckless driving.
(a) General rule.–Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) Penalty.–Any person who violates this section commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $200.
(May 30, 1990, P.L.173, No.42, eff. Apr. 1, 1992)
1990 Amendment. Act 42 added section 3736. Cross References. Section 3736 is referred to in sections 1532, 3326, 3327 of this title.
In addition to a $200.00 fine, this offense triggers an automatic license suspension from PennDot. 75 Pa. Cons. Stat. § 1532 B delineates the MANDATORY SUSPENSION for those convicted of driving recklessly. The statute requires the convicted operator of any vehicle to receive a SIX MONTH SUSPENSION in addition to any fines stemming from the conviction.
Please note that the driving privileges are suspended immediately once the department receives the certified record of the party’s conviction of said violation.
Red Light Traffic Violations
In Pennsylvania, there are two methods in which a driver maybe issued a ticket for a red light. The first of these is what you and I would consider the more traditional way where police officer has seen the actual violation and pulled you over. For violations such as this, currently three points are assigned. There are several technical defenses to these citations and an experienced traffic lawyer may well be able to assist you with winning this claim or by discussing the potential faults in the case with the prosecution, negotiate a favorable resolution on your behalf.
Red Light Camera Tickets.
75 Pa. Cons. Stat. § 3116 indicates that automatic red light enforcement systems are available in first class cities such as Philadelphia. Please note that our office WILL NOT ASSIST IN THE DEFENSE OF THESE MATTERS. The reason why?
Quite frankly, our office is here to help you. We feel as though we would be doing you a disservice by accepting your money when we know that you can pay a ticket for a hundred dollars and no points will result. Additionally, please note that you would have the opportunity to fight this with the parking authority if you chose to. But due to the lack of point, many people realize that it is simply cost effective to pay the fine. Additionally, in the overwhelming majority of these photographs which clearly shows the violation.
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