Legal Question in Traffic Law in Pennsylvania

Citation after an accident

I was recently driving home through PA from NJ to Upstate NY. It was snowing lightly and I hit a patch of black ice. My truck slid into the guardrail and damaged my car. I was informed by the roadside assistance that I needed to inform the police of the accident. I called the police, they filed a report, and i was on my way. One week later I received a ticket stating that I was going at unsafe speed based on road conditions. Since the officer was not around during the accident and I never told him what my exact speed was, do they have aright to issue me a ticket? If so, is there anyway I can beat this since I really did nothing wrong?


Asked on 1/25/05, 8:08 pm

4 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: Citation after an accident

Depending on the ticket it may not be worth fighting. Certain speeding violations only carry a fine. Others, however, carry points which under the interstate compact would carry points in New York. You are correct that unless the police did an accident reconstruction the only evidence of driving at an unsafe speed is the fact of the accident. That should not rise to the level of proof beyond a reasonable doubt. If the ticket carries points the attorney's fees you would pay would be offset by insurance savings in not getting the points. I offer free consultations and your only time involved would be an appearance at the court.

Read more
Answered on 1/25/05, 8:54 pm
Scott Diamond DIAMONDLAWYER

Re: Citation after an accident

fight it. they are probably trying to get your insurance to pay for the guardrail

Read more
Answered on 1/25/05, 9:29 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Citation after an accident

It seems to be a policy (an unwritten one perhaps, but a policy nonetheless) by certain police departments, including the PA State Police, to write a citation to someone for all accidents, deserved or not. Usually, it is driving too fast for conditions or careless driving. You should determine whether there are points which transfer to New York on this charge, and the possible consequences (insurance rates) before making a decision.

Read more
Answered on 1/25/05, 10:07 pm
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Citation after an accident

I do not believe Pennsylvania points transfer to New York, however, your insurance rates may still be effected. Depending upon the fine I would recommend fighting this ticket and retain counsel to represent your interests.

My office also offers flat rate pricing and free consultations, for additional information please visit my firm's website at www.AlleghenyAttorneys.com or by calling my office at 412.731.0865.

Sincerely,

Marc V. Taiani, Esquire

AAAL - Allegheny Attorneys At Law

Read more
Answered on 1/26/05, 7:36 am


Related Questions & Answers

More Traffic Law questions and answers in Pennsylvania