Legal Question in Criminal Law in Pennsylvania

Traffic Violation Officers

I ran a yellow light. A police officer pulled me over nearly a mile away from the light without putting his siren on, only lights. He cited me for running a RED light. I went to my hearing to contest the ticket, but before I ever say the madgistrate the police officer who cited me spoke to me and told me if I was going to contest the ticket he was going to dismiss it and give me a new one with a more serious violation. He told me to leave and also said that a new hearing date will be provided to me via mail. I believe I have a right to contest the first ticket and that my right has been violated, but is it legal to give me another ticket three weeks after the fact?


Asked on 5/25/04, 12:02 pm

2 Answers from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Traffic Violation Officers

What is the more serious charge he is going to file against you?

A police officer has a right to withdraw charges and can refile other charges.

The question is, what evidence will the police officer have to sustain the more serious charges? You should probably get an attorney to represent you at the hearing on the 'more serious charges,' once you find out what they are.

Feel free to email me with any further questions. I'd be interested in knowing what charges they end up filing against you.

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Answered on 5/25/04, 2:39 pm
Matthew Schelkopf Chimicles & Tikellis

Re: Traffic Violation Officers

You were cited with a summary offense for the Red Light violation. If a "more serious charge" as stated by the officer is merely a summary offense that has more offense points on your driving record, then he has 30 days from the date of the offense to file it. The real issue is what is the more serious charge. If it is a misdemeanor or felony then he can file it anytime within the next two years. Ask the officer if he will write you up for a 3311 - failure to obey traffic signs (there are no points) pay the fine and costs (totaling $89)

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Answered on 5/26/04, 2:01 pm


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