Legal Question in Civil Rights Law in Pennsylvania

I recently ran into trouble with the local game commission (DCNR) while I was riding my ATV. I do not have insurance, nor is the ATV registered. I was also carrying alcohol for friends (who are also not of drinking age) on the racks of my ATV, doing them a favor as they had no convenient means to carry it. We stopped for DCNR officials and were cited for no insurance, no registration, and underage possession of alcohol. An underage drinking citation was not issued as I had not consumed any alcohol. My court date today, May 4th 2011. The district magistrate stated that if I pleaded guilty at that time that I would not lose my license, would not be enrolled into a probation program, and the matter would be settled over simply paying the fines. I agreed to the terms, paid the fines directly after the hearing, and signed my name - settling the matter to the best of my knowledge at the time. When I arrived back home, I had received a call from the District Magistrate stating that he had "made a mistake".He explained that I would indeed be facing license suspension and also would also be sentenced to a probationary period. My question...is this possible, or legal for that matter? After a judge has determined the final ruling and the proper actions were taken on my part to close the matter (paying of fines at the magistrate office), can the decision change? Whether he had made a mistake or not, I find this to be very unfair. His job is to determine the final outcome of civil cases, if he realized afterward that an incorrect judgment was made, I feel that it should be inconclusive and irrelevant. If I make a mistake at my job, thats my fault and no one else's, shouldn't the same go for this situation?


Asked on 5/04/11, 1:44 pm

1 Answer from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

That's all nice, but he doesn't control license suspensions, PennDot does. You should either havee him agree to let you withdraw your plea or file an appeal. Better yet, hirean attorney to help you unravel the mess created. There are also other potential consequences, such as license suspension due to no insurance and registration suspension. Oh...and its NOT civil. Its criminal.

Read more
Answered on 5/04/11, 4:35 pm


Related Questions & Answers

More Civil Rights Law questions and answers in Pennsylvania