Legal Question in Traffic Law in Pennsylvania

Did the Judge act within the law?

I stopped next to a bus with its stop sign out instead of in front of it. I felt my limited view made this an unfair ticket.

When I got to court, the judge asked me if I understood that I got off easy. I said, ''I understand, but I feel the ticket was given unfairly.'' The Judge told me that the cop could amend his decision and give me points + a suspension if we proceeded with the trial. I said I understood and wanted to proceed with the trial. She then asked the officer if he wanted to amend his decision and give me a worse penalty. Luckily he said ''No, I'll stick to the original fine.'' Once more the judge asked me if I understood how easily I got off. I said that I understood and I wanted to proceed with the trial. The judge responded ''Ok, then I'm finding you guilty.''

The officer never testified against me and I never had a chance to defend myself. This seems like a violation of basic constitutional rights. Is this legal?

There was no stenographer, are courts required to keep audiotapes or some other record? I'd love to get a record of this ''trial.''

THANKS


Asked on 3/31/06, 6:39 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Did the Judge act within the law?

The magisterial level in Pennsylvania is extremely liberal. You actually had your trial right there. In Pennsylvania, an appeal from the magistrate's decision is reviewed de novo. That means that should you appeal the matter is looked at as though the lower court's ruling never happened.

You need an attorney. Sure you can do this yourself but, as you saw with magisterial court, the results are more likely to go against you.

Contact an attorney who advertise that they handle traffic matters and who is local to you.

Good luck,

Roger Traversa

email: [email protected]

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Answered on 3/31/06, 10:23 am


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