Legal Question in Appeals and Writs in Pennsylvania
Missed hearing for license suspension and not file appeal in time.
Unknowingly, my son's (21 years old) driver's license was suspended due to magistrate not getting his ticket fine in time. When he was stopped for another violation, found out his license had been suspended. PA Dept of Trans.'s rules say that if caught driving with suspended license automatically get one year suspension on license. Son appealed and got hearing. He missed the hearing and the appeal was dismissed. He then missed the 30-day period in which to appeal to the lower court to his case heard at the higher court. Is there anything he can do at this point? I was told that there was might be a petition he can file wit the lower court to see if they would allow him to appeal to the higher court. The reason for his missing all of this was due to the death of his best friend. Thank you.
1 Answer from Attorneys
Re: Missed hearing for license suspension and not file appeal in time.
Your son needs to file a petition to appeal Nunc Pro Tunc. This asks the court's permission to fle an untimely appeal. I offer free consultations.