Pennsylvania Motion to Dismiss Traffic Citation

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Multi-State
Control #:
US-03341BG
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Word; 
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Description

It is important to understand exactly what the prosecutor will have to prove should you take the ticket to trial. You can start by looking up the citation statute or ordinance number located on the face of your ticket. Every traffic infraction can be broken down into what lawyers call elements: things that must all be proven in order for a judge to find you guilty. Two elements are:


" Where you were ticketed; and
" Your unlawful action, such as going 50 MPH in a 30 MPH zone.


The prosecution will have to prove each element of the infraction.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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FAQ

FJD - Traffic Division Citation Online Payment System. Pleading Not Guilty allows you to have a court date to answer the citation(s) in question. You can plead Not Guilty by paying the sum on the payment screen. There is an additional $8.00 added to each citation for court fees.

A Notice of Summary Appeal form must be filed at the Clerk of Courts office. For assistance, see sample Notice of Summary of Appeal Form. More than one citation may be appealed if multiple citations were issued at the same incident and were disposed of by District Court.

What is a citation? It is 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 was violated. It also contains instructions on what must be done to respond.

Substantial errors on a traffic ticket in Pennsylvania may result in dismissal if the defendant can establish prejudice. For example, recording the wrong section of the PA Motor Vehicle Code may be prejudicial error. The officer's failure to properly describe the event or a violation will usually result in a dismissal.

Entering a 'No Contest' Plea The judge can then sentence you based on the charges against you. In Pennsylvania, pleading 'no contest' or pleading 'guilty' will generally result in the same consequences.

Steps To Take If You Are Charge Check the violation and fines, and make certain that your name, address, vehicle information and license number are all correct. You have 10 days to respond to the citation. If you ignore it, you may have to pay additional fines and your driver's license can be suspended.

How Do I Fight a Traffic Ticket in Pennsylvania? Be Polite When Pulled Over. The best way to fight a traffic offense isn't a lawyer. ... Don't Pay it Right Away. Paying the ticket right away cancels all your other options. ... Don't Wait Too Long. ... Call a Traffic Ticket Attorney.

To respond, you must plead NOT GUILTY or GUILTY. If you plead GUILTY, you must sign the bottom potion of the citation indicating a guilty plea and pay the total amount due as indicated in box #___.

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Pennsylvania Motion to Dismiss Traffic Citation