Legal Question in Constitutional Law in Pennsylvania

I was pulled over by a state police officer in PA for speeding. It was done by radar, that was calibrated about 6 months before hand. Today I went to the magistrate about an hour early and alerted the front desk lady that I was present. The judge came out early and ask if I was me (by name). I said yes and she told me to follow her into the court room (early). She specified that the police officer has not shown up and that by default, I am dismissed. What a sign of relief....till...45 minutes later I get a call from my mother that there was a message on my answering machine and that I had to call them. I did and the judge told me that SHE messed up and read the time wrong and that I had to reschedule. I asked her if that was double jeopardy and she laughed and said "no". I did not want to continue cause she sounded cocky when I asked that question, even though right before the question I said "I don't want to sound rude but...". The court hearing has been rescheduled for two weeks after. I believe this is hindering my 5th and 6th amendment rights.

"Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor SHALL AND PERSON BE SUBJECT FOR THE SAME OFFENSE TO BE TWICE PUT IN JEOPARDY OF LIFE OR LIMB; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a SPEEDY and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."


Asked on 9/09/10, 4:39 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Speeding is generally not a crime, so your case is not subject to the rules which apply to criminal cases. Even if it were, you would not be facing double jeopardy since the court's dismissal -- assuming the judge actually completed the necessary steps before she realized her error -- would have been legally void.

Read more
Answered on 9/14/10, 4:53 pm


Related Questions & Answers

More Constitutional Law questions and answers in Pennsylvania