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It only takes 6 points to get your license suspended there? Good Lord that place is draconian sometimes.
Well, it depends upon how the point system is structured. No, it doesn't only take 6 to get suspended. It takes a sequence of events that also includes a number over 6 (i.e. at least 7, actually) and generally has to be your second time over 6, unless it's severe offense that can result in suspension right away.
I lived in WV where years ago (who knows now) the system was 12 points would get you in bigger trouble. But it was fairly easy to get a speeding ticket worth 6 all by itself; I believe it was just 15 or more over got you a 6-point ticket, whereas under that it was 3 points. In PA the speeding tickets are graduated. 15 over is 3 points.
And yes, my goof, 3 points off every year of clean record.
As far as a lawyer, well, you can talk to them. Traffic lawyers are unfortunately typically the guys who are called for DUI, etc. But they can be the most likely to get you out of a ticket, at a cost much more than the fine. But the cost may be less than the increased insurance rates of actually getting the ticket. You could also forgo the lawyer this time, then appeal and get a lawyer for the new trial if the first one doesn't go the way you want. But, the lawyer will be cheaper for the first trial, I think. If you want to go that route, look for a lawyer with office near the court. (In Bloomfield, for example, there's a law office or two right next to the district justice. Guaranteed those guys see the judge all the time, which I guess could be bad but probably is useful for a quick ticket fix.)
My mom got stuck with one of these tickets when she got rear-ended after someone in front of her came to a complete stop to make a turn. She ended up having to pay the ticket, its a racket if you ask me.
Not sure what the ticket was for since you didn't say.If someone rear ends you its their fault though.She shouldn't have been given a ticket for someone rearending her.Did she get the ticket for license,reggie,inspection,etc.?
Actually the cop was behind him, and coming up fast in the left lane, so my son assumed he was en route somewhere and started to change lanes to let him pass and at that point got into this skid. He was doing about 30 in a 35 limit (just stopped at a red light), and the cop was going sufficiently fast that he had to pass the accident site and turn around.
My feeling is that from what I've read, and how the statute is written, that the fact that you had a an accident means that you couldn't have been in control of the vehicle. Thus you are guilty. I have even heard of people getting these tickets after an accident occurred when the police didn't even attend. Normally I would suggest he go to the magistrates court and be respectful, but I suspect in this case there would be no point. It's not so much the fine as the points.
Seems like the cop covering himself for his "possible reckless driving".Hire a lawyer to sue for the cop causing an accident.Sue for a million.Request the LE records for the timeline.Why was the officer traveling at an unsafe speed? If your son was at unsafe speed at 30 in a 35,what was the reason for the officers unsafe and reckless higher speed driving that caused the accident? Go see the judge and explain you never would have filed the case if the officer was not so eager to write a ticket.Offer to settle for the damages including the deductible.Smile.
Yes it seems extremely unfair to get a ticket if you were rear ended. Perhaps what happened is that the person rear ending her pushed her into the car that had stopped and thus the police decided she must have been not in control of her vehicle.
I'm still debating what advice to give my son over his case.
If your at the rear and hit someone in front of you.You are responsible for hitting whats in front of you.If the car you hit from behind hits a million cars in front you are responsible.PERIOD.End of story.
Yes it seems extremely unfair to get a ticket if you were rear ended. Perhaps what happened is that the person rear ending her pushed her into the car that had stopped and thus the police decided she must have been not in control of her vehicle.
I'm still debating what advice to give my son over his case.
Tell your son to be a good boy.Tell him to go to the doctor and report his back and neck pain,and to the psychiatrist to discuss his fear of LE.
Yes it seems extremely unfair to get a ticket if you were rear ended. Perhaps what happened is that the person rear ending her pushed her into the car that had stopped and thus the police decided she must have been not in control of her vehicle.
When there is a string of cars in an accident, all cars pay for the car in front of them, but the first car pays for the car at the end of the line.
Quote:
Originally Posted by jenniferprestia
I'm still debating what advice to give my son over his case.
Where are you exactly in this debate with yourself? Just trying to get an idea of what's concerning you the most.
Since you know he has nothing to lose by going to the magistrate, I'm assuming that you're debating exactly how he should go about it.
Basically lawyer or no lawyer. Will the cost of the lawyer (and how much does this sort of lawyer charge?) outweigh the cost of the potential 2 points? Bearing in mind that there is no guarantee that a lawyer will get the 2 points taken off. Also, I haven't been able to find much information about the likelihood of a lawyer being successful: I suspect that most people pay the $109 and take the points. If I could get a handle on if there really isn't a defense against this it would be easy. Logic would seem to suggest that if it's about control of a vehicle, the fact that you had an accident means you couldn't have been in control, and thus the only defense would be something like a truly unexpected "act of god" not some black ice on a road in February.
P.S. As a side note: does anyone else think it's odd that when you request a driver's record from penndot, while it tells you any infractions or actions, it doesn't tell you how many points were assigned? It's not hard to work out, but I just think it's odd.
If your at the rear and hit someone in front of you.You are responsible for hitting whats in front of you.If the car you hit from behind hits a million cars in front you are responsible.PERIOD.End of story.
Not period, not end of story. The presumption of guilt is rebuttable.
Basically lawyer or no lawyer. Will the cost of the lawyer (and how much does this sort of lawyer charge?) outweigh the cost of the potential 2 points?
Absoloutely.
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(In Bloomfield, for example, there's a law office or two right next to the district justice. Guaranteed those guys see the judge all the time, which I guess could be bad but probably is useful for a quick ticket fix.)
