Pennsylvania DUI Defense Attorney, David M. Manilla, Esquire
| Firm Name: | THE LAW OFFICES OF DAVID MANILLA |
| Address: | 2060 Valley Forge Road Worcester, Pennsylvnia 19490 |
| Office #: | 1-800-DUI-LAWS (1-800-384-5297) |
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Traffic violations and summary offenses are less than serious than misdemeanors and are heard and decided by a district justice. Non-traffic summary offenses include disorderly conduct, underage drinking, harassment, criminal mischief, and shoplifting.
Traffic Violations and Summary Offenses
A summary offense is any minor crime that is initially heard and decided by a district justice. Many violations of the motor vehicle code, such as speeding, illegal parking and going through a red light, are summary offenses. However, driving under the influence of alcohol or drugs is a misdemeanor, not a summary offense. A misdemeanor is a more serious crime. Non-traffic summary offenses include disorderly conduct, underage drinking, harassment, criminal mischief, and first offense shoplifting.
Anyone facing a summary offense has a right to be represented by an attorney. Pennsylvania defense lawyer David M. Manilla is a member of 1800DUILaws.com, a national network of dedicated attorneys who devote their practices to driving-related crimes. He can answer any questions about any driving-related offenses during a free consultation.
Special Note: This information has been posted to inform and not to advise. It is based on Pennsylvania law. The statements are general, and individual facts in a given case may alter their application or involve other laws not referred to here.
HOW ARE SUMMARY OFFENSES ENFORCED?
Most summary crimes are enforced by a citation issued by a police officer to the individual charged with committing the offense. Normally, the citation is handed to the individual by a police officer who observed the incident. If no officer was present, or if, for any valid reason, the officer decides not to issue the citation at the scene, a citation/summons may be sent by mail.
In certain circumstances, police may arrest the individual instead of issuing a citation and take the person before a district justice. In that case, a hearing may be requested. The hearing may be held immediately or at a later time, for which the district justice may require security to guarantee that person’s appearance. A citation will still be prepared and given to that person.
WHAT IS A CITATION?
A citation contains a brief statement of the facts of the incident, how the law was violated, and a specific statement of the section of the law that is supposed to have been violated. It also contains instructions on what must be done to respond to the citation.
The instructions on the citation must be followed. Generally, if you receive a citation, you have 10 days to either plead guilty and pay the fine; or plead not guilty and request a hearing. If you fail to respond to the citation as instructed, you can be arrested and brought to court and, in cases involving traffic citations, your license may be suspended.
WHAT IF SOME OF THE INFORMATION IN THE CITATION IS WRONG?
If the incorrect information is minor, such as a misspelled name, the wrong color or model year of a car, the mistakes will probably not invalidate the citation. If, however, the mistakes are major, such as listing the wrong section of the law claimed to have been violated, then the citation may be invalid if prejudice can be shown.
WHAT IF I DO NOT RESPOND TO A CITATION?
If you do not answer a citation within 10 days, you can be arrested. This arrest is usually made by a local constable. When the constable appears with the arrest warrant, you can avoid arrest by paying the amount of the fine plus an additional $5 and costs as security for your appearance at a hearing; or pleading guilty and paying the fine and costs.
The constable will return the warrant and the security money to the district justice, who will then send out a notice of the date and time of the hearing to you and the police if a not guilty plea has been made. If you do not pay the security money to the constable, you can be arrested and taken before the district justice.
WHAT IF I REQUEST A HEARING?
When you request a hearing, the district justice will send notices to you and the police of the date and time of the hearing. You have the right to be represented by your own lawyer at the hearing, but you do not usually have the right to be represented by a public defender or a lawyer appointed at public expense if your conviction will only result in a fine.
At the hearing, the police officer and other witnesses for the prosecution will testify, then you or your attorney may ask questions of the witnesses who testify against you. You can then produce your own witnesses and testify yourself if you wish to do so. The police or district attorney can question you or any of your witnesses. The police can then introduce any additional evidence to contradict or disprove what you and your witnesses said. Finally, each side is given the opportunity to make any concluding statements or arguments to the district justice.
The district justice will then decide the case. If you are found not guilty, all security you posted will be returned to you. If you are found guilty, the security will go toward paying the amount of the fine and costs.
WHAT IF I FAIL TO APPEAR AT THE HEARING?
Once you have requested a hearing, it will be held whether you are there or not, unless a continuance has been approved by the district justice. If, in your absence, you are found guilty, the security money will go toward paying the fine and costs. If the security is not enough to cover the total costs, you will be order to pay the additional amount. If you are found not guilty, the security money will be returned to you.
CAN I APPEAL?
If you are found guilty of a summary offense, you can appeal to the Common Pleas Court in the county where the district justice is located. You must appeal within 30 days by filing a form obtained from the district justice or clerk of courts. When the case is tried in Common Pleas Court, you will have a completely new trial.
The police generally do not have the right to appeal if you are found not guilty by the district justice.
Another alternative is to attend traffic school if found guilty of a summary traffic offense. A driver who successfully completes traffic school will have the citation cleared from the record.
FOR MORE INFORMATION
Some information about handling summary charges can be obtained from the office of the district justice where the citation in filed. The citation will include the name and address of the district justice. That office, however, cannot provide legal advice concerning the case.
If you want any further advice about handling a summary charge, you should contact a lawyer. The immediate aid of a lawyer is advisable whenever a person is charged with a traffic summary offense. A conviction may result in the assignment of points or a suspension or revocation of a driver’s license. A conviction on a driver’s record may also affect a driver’s insurance rates. The help of an attorney is also warranted in many cases involving non-traffic summary offenses. Pennsylvania defense lawyer David Manilla is one of the skilled attorneys of 1800DUILaws.com, a nationwide network of defense lawyers who dedicate themselves to handling DUI / DWI cases and other driving-related offenses. Contact him today for a free consultation.
For a free consultation of your DUI case, contact Pennsylvania DUI / DAI defense lawyer David M. Manilla by calling 1.800.DUI.LAWS.