Legal Question in Criminal Law in Pennsylvania
statue of limitation on traffic violations
It came to my attention in April of 2004, that a citation for Driving while operating privilages suspended or revoved was filled againt me. The summons indicates that the date of violation was 7/24/99. Because I was made aware of this matter in 4/04 and no proceeding have taken place hasn't the statutes of limitation in accordance with Judiciary Code 42 Pa.C.S.A 5553 (e)run out? Judiciary Code 42 Pa.C.S.A 5553 states Disposition of proceedings within two years.--No proceedings shall be held or action taken pursuant to a summary offense under Title 75 subsequent to two years after the commission of the offense.
1 Answer from Attorneys
Re: statue of limitation on traffic violations
you may avail yourself of the defense of a statute of limitations so long as you were not absent from your last known address and did not fail to notify PennDOT of your true address.
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