Traffic Offenses
Driver’s License Attorney
The law views your license to drive as a privilege. In reality, a valid driver’s license is vital. Your ability to work, to care for your family, and to fulfill all of life’s obligations depend on your ability to drive. This is especially true for professional drivers. Traffic tickets, driver’s license issues and vehicle offenses usually result in consequences including insurance implications, fines, points, license suspension and possibly revocation.
When cited most people are not aware of the specific consequences they face and the strategies that may be employed to defend against conviction and collateral consequences. That’s why important to consult with an experience traffic attorney as soon as you are cited.
Speeding Tickets
Speeding citations are among the most common traffic violations. In additional to the ever-increasing financial penalties speeding tickets can result in points being assessed against your license and in some instances a suspension of your license.
The specific consequences for a speeding ticket can depend on a number of factors including the road conditions, how much over the speed limit you were traveling, and whether it occurred in a protected area such as a school zone or construction zone.
Point System
Many traffic violations result in the assignment of points upon conviction. A conviction occurs whenever someone pleads guilty or is found guilty. For offenses which carry points, the number of points assigned ranges from 2 to 5 points.
PennDOT Point Schedule
| SECTION | OFFENSE |
POINTS |
| 75 § 1512(b) | Restrictions on Drivers’ Licenses |
2 |
| 75 § 1571 | Violations Concerning Licenses |
3 |
| 75 § 3102 | Obedience to Authorized Persons Directing Traffic |
2 |
| 75 § 3111.1 | Obedience to Traffic-Control Devices Warning of Hazardous Conditions |
2 |
| 75 § 3112(a)(3)(i) | Traffic-Control Signals – Steady Red Signal |
3 |
| 75 § 3112(a)(3)(ii) | Traffic-Control signals – Failure to Yield Turning Right on Red |
3 |
| 75 § 3114(a)(1) | Flashing Signals – Failure to Stop Flashing Red |
3 |
| 75 § 3302 | Meeting Vehicle Proceeding in Opposite Direction |
3 |
| 75 § 3303 | Overtaking Vehicle on the Left |
3 |
| 75 § 3304 | Overtaking Vehicle on the Right |
3 |
| 75 § 3305 | Limitations on Overtaking on the Left |
3 |
| 75 § 3306 | Limitations on Driving on Left Side of Roadway |
3-4 |
| 75 § 3307 | No-Passing Zones |
3 |
| 75 § 3310 | Following too Closely |
3 |
| 75 § 3321 | Vehicle Approaching or Entering Intersection |
3 |
| 75 § 3322 | Vehicle Turning Left |
3 |
| 75 § 3323 | Stop Signs and Yield Signs |
3 |
| 75 § 3324 | Vehicle Entering or Crossing Roadway |
3 |
| 75 § 3332 | Limitations on Turning Around |
3 |
| 75 § 3341 | Obedience to Signal Indicating Approach of Train |
2-4 |
| 75 § 3342 | Vehicles Required to Stop at Railroad Crossings |
4 |
| 75 § 3344 | Emerging from Alley, Driveway or Building |
3 |
| 75 § 3345 | Meeting or Overtaking School Bus |
5 |
| 75 § 3361 | Driving Vehicle at Safe Speed |
2 |
| 75 § 3362 | Maximum Speed Limits: 6 – 10 mph over |
2 |
| 75 § 3362 | Maximum Speed Limits: 11 – 15 mph over |
3 |
| 75 § 3362 | Maximum Speed Limits: 16 – 25 mph over |
4 |
| 75 § 3362 | Maximum Speed Limits: 26 – 30 mph over |
5 |
| 75 § 3362 | Maximum Speed Limits: 31 mph over + |
5 |
| 75 § 3365(b) | Special Speed Limitations – School Zone |
3 |
| 75 § 3365(c) | Special Speed Limitations – Hazardous Grade |
3 |
| 75 § 3542 | Right-of-Way of Pedestrians in Crosswalks |
2 |
| 75 § 3547 | Right-of-Way of Pedestrians on Sidewalks |
3 |
| 75 § 3549 | Blind Pedestrians – Failure to Yield |
3 |
| 75 § 3702 | Limitations on Backing |
3 |
| 75 § 3714 | Careless Driving |
3 |
| 75 § 3745 | Accidents Involving Damage to Unattended Vehicle or Property |
4 |
License Suspensions
There are a number of reasons PennDOT may suspend your driver’s license including the accumulation of points, conviction for certain traffic offenses, conviction for certain criminal offenses or failure to comply with a civil order of court such as a child support order.
PennDOT Suspensions
| SECTION | OFFENSE | SUSPENSION |
| 75 § 1371 | Operation Following Suspension of Registration | 3 Months |
| 75 § 1501 | Drivers Required to be Licensed | 6 months for 2nd or subsequent offense w/in 5 years |
| 75 § 1543(a) | Driving While Suspended or Revoked | 1 year |
| 75 § 1543(b) | Driving While Suspended or Revoked – DUI Related | 1 year or 2-year revocation if the license was revoked at the time of the stop |
| 75 § 1543(b)(1.1) | Driving While Suspended or Revoked – DUI Related While DUI | 1 year or 2-year revocation if the license was revoked at the time of the stop |
| 75 § 1575 | Permitting Violation of Title | The same suspension or revocation the driver is subject to |
| 75 § 1785 | Proof of Fin. Responsibility Following Accident | 3 months |
| 75 § 1786(f) | Required Financial Responsibility | 3 months |
| 75 § 3326 | Duty of Driver in Construction and Maintenance Areas or on Highway Safety Corridors | If Serious Bodily Injury to Worker – 6 months; If Death to Worker – 1 year |
| 75 § 3327 | Duty of Driver in Emergency Response Areas | If Serious Bodily Injury to a Person – 90 days; If Serious Bodily Injury to a Responder – 6 months; If Death to a Responder – 1 year |
| 75 § 3341 | Obedience to Signal Indicating Approach of Train | 30 days |
| 75 § 3345 | Meeting or Overtaking School Bus | 60 days |
| 75 § 3361 | Driving Vehicle at Safe Speed | 15 days if the citation was issued in conjunction with an accident or if it occurred in an active work zone |
| 75 § 3362 | Maximum Speed Limits | 15 days – if > 11 mph over in active work zone; 90 days if > 26 mph over and the driver is under 18 years old |
| 75 § 3365(b) | Special Speed Limitations – School Zone | 60 days for 2nd or subsequent offense |
| 75 § 3365(c.1) | Special speed limitations – Active Work Zone | 15 days if > 11 mph over |
| 75 § 3367 | Racing on Highways | 6 months |
| 75 § 3714(b) | Careless Driving – Unintentional Death | 6 months |
| 75 § 3714(c) | Careless Driving – Serious Bodily Injury | 3 months |
| 75 § 3717(c) & (d) | Trespass by Motor Vehicle – Damage to Private Property or on Cultivated Agricultural Land | 6 months for 2nd or subsequent offense |
| 75 § 3718 | Minor Prohibited from Operating With any Alcohol in System | 3 months |
| 75 § 3732 | Homicide by Vehicle | 3 years |
| 75 § 3733 | Fleeing or Attempting to Elude Police Officer | 1 year |
| 75 § 3734 | Driving Without Lights to Avoid Identification or Arrest | 6 months |
| 75 § 3735 | Homicide by Vehicle While DUI | 3 years |
| 75 § 3735.1 | Aggravated Assault by Vehicle While DUI | 1 year |
| 75 § 3736 | Reckless Driving | 6 months |
| 75 § 3742 | Accidents Involving Death or Personal Injury | 1 year |
| 75 § 3742.1 | Accidents Involving Death or Personal Injury While Not Properly Licensed | 1 year |
| 75 § 3743 | Accidents Involving Damage to Attended Vehicle or Property | 6 months |
| 75 § 3746 | Immediate Notice of Accident to Police Department | Discretionary 90-day suspension or until 18 years old for a junior license holder |
| 75 § 7122 | Altered, Forged or Counterfeit Documents and Plates | 1 year |
CDL Drivers
People who make their living as professional drivers arguably have the most to lose when faced with a traffic citation, equipment citation or other criminal charge which may impact their driver’s license, their commercial driver’s license and ultimately their ability to earn a living.
Because of the increased risks associated with operating a commercial vehicle, the regulations placed upon commercial drivers are substantially greater than those imposed upon non-commercial drivers. This includes a low tolerance for certain violations. In fact, there are a number of offenses which will result in a 1-year suspension of your CDL for a first offense, and a lifetime loss of your CDL for a second offense.
Appeals
Generally, traffic violations are first litigated before a Magisterial District Judge. If the outcome at that level is less than desirable, there is an opportunity to appeal the case to the Court of Common Pleas. Depending on the nuances of a particular jurisdiction the appellate process may be part of a larger strategy to defend the matter.
The rules regarding the appeal of a traffic citation provide that the appeal must be filed within 30 days. However, if you are in a situation where you would like to appeal a traffic conviction and the statutory period for appeal has lapsed, there is a mechanism to request permission to file an appeal even though you missed the 30-day window – in some cases by a lot.
Contact Us Today
For most people maintaining a valid drivers’ license is vital to your ability to work, to care for your family, and to fulfill all of life’s obligations. This is especially true for professional drivers. Having an experienced attorney on your side is critical to your ability to protect your drivers’ license.
I offer flexible office hours, including evenings to work around your schedule. I look forward to meeting you and discussing with you how I can help.