Legal Question in Traffic Law in Pennsylvania

Thank you for your question.

First of all, a police officer must have a reason to pull a motorist over. If a police officer observes a motorist driving erratically, speeding, or doing anything that a motorist should not be doing on the roadway he can pull the motorist over. In these instances, the police officer would have "probable cause" or an "articulable reason based on fact and not just a mere "hunch" that the motorist was doing something wrong. If none of these circumstances exist, the police officer cannot stop a motorist "just to check out his suspicions". So, if you were not doing anything wrong, the police officer should not have pulled you over and if he found something as a result of this stop, for example, an expired license, no insurance, etc., the case would have to be thrown out and nothing the police officer found as a result of the illegal stop could be used against you. This evidence is what the United States Supreme Court called the "Fruits of the poisonous tree".

Assuming for a moment that the police officer had a valid reason for pulling you over, he should have let you go without issuing you any ticket related to your automobile insurance once you showed him your current insurance card and he verified the information with PenDot. I would suggest that you plead "Not Guilty" if the ticket was issued because of failure to carry automobile insurance.

When you go to Court, bring with you your PA Driver's License, your Automobile registration, and your insurance card, showing that you had insurance the day you were stopped. Plead "Not Guilty" and when they call your case, show the Judge what you brought with you and when the Judge dismisses your case, but before the police officer leaves the Court Room, tell the Judge that you still do not know why the police officer pulled you over and you would appreciate it if the Judge would ask him the reason because when you asked, the police officer refused to tell you.

Best of Luck,

ANDREA