Legal Question in Traffic Law in Pennsylvania

Citation after the fact

a company driver, driving company equipment was stopped on the road by a local Township or boro officer, not a state trooper or DOT officer, who proceeded to evaluate the tractor and trailer for violation's. After his inspection he presented the driver with a paper to be signed and returned to the state after the problems were corrected. One violation was brakes out of adjustment. He allowed the driver to continue down the road with no O/S. Later the driver got under the truck and found brand new brakes within the proper adjustment. He returned to his home base and we corrected the other problems as listed and returned the paperwork that was giving to the driver to the state as required. We recently received 3 citations in the mail concerning this event totaling approx. $750.00. The driver was not told of or shown the citaitons at the time and they are not signed by the driver. In the area where a driver should sign it's only marked ''filed''. Is this a legal proceedure? I've never had this happen in 30 years.


Asked on 9/26/05, 2:54 pm

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Citation after the fact

Yes, the police may send the citations in the mail after the fact. Yes, local police may inspect trucks. Of course, the police officer will have to testify to the justification for the citations at a hearing if you request one.

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Answered on 9/26/05, 10:06 pm


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