Legal Question in Appeals and Writs in Pennsylvania

unable to locate owner but charged with driving an unoperable vehicle

In November 2007 my vehicle was sitting inoperable outside of a Sears Auto Center.I did not have my license at the time, or insurance which was dropped a month earlier, and had not sent in my tag being that i lived in the city and could not keep it on my property without a plate. Overnite my plate was confiscated and a police document was left on my windshield stating that the officer was '' unable to locate owner''. However I was charged with driving without insurance, when the vehicle itself was unoperableand still sits today. Being that I had my license suspended earlier for three months,Idid not contact PennDot for a change of address because I only used an ID card, and changed my address with the Postal Service instead I did not receive notice of the suspension untilI tried to get insured again. How can I be charged with driving the vehicle when I wasnt present and it was inoperable?? I spoke to PennDOT and they confirmed that the charges where leary and to file Nunc pro Tunc. I need some legal advice aboutanything else i may be able to do. Shouldnt the officer be able to drop the charges if they were filed wrong? This is such a big expense for someone's mistake. i would appreciate any help you could give.


Asked on 6/03/08, 12:53 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: unable to locate owner but charged with driving an unoperable vehicle

You asked about dropping stupid police charges.

The law is generally that once a citation has begun being written that an officer must proceed. (There are caveats, but I won't discuss.) It boils down to the simple fact that an officer has no power over a tcket or charges once they are issued.

You should be able to get to your local prothonotary and they will be able to assist you with a form to request a nunc pro tunc (which is a fancy way of saying "as if it never happened"). Only a court or ALJ can issue such a writ.

Regards,

Roger

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Answered on 6/03/08, 1:29 pm


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