PA Summary level traffic offense expiration?

[burnte]

I'm in Pennsylvania, and am having a problem with a district "justice" office. A year ago, my mother was pulled over for a traffic violation, which according to the ticket was a summary level offense. Neither of us live in the town and county in which this occurred, and her health has deteriorated severly since then, and she is unable to physically go there. Despite sending in the ticket stub attempting to plead guilty (and pay the fine, currently undefined), sending a second letter to the same effect, and now retaining an attorney to help dispose of this, the magistrate's office is still being a pain.

Currently, we're at the point with the lawyer where a signed doctor's letter is being sent to the magistrate stating that her health condition makes her unable to travel there, but I really don't hold much hope that this will have any effect of forcing them to just get this taken care of. So my question at this point is do these things ever expire? Or do they linger forever? It seems as though this magistrate's office is content to let it sit there indefinitely.

 

[Kaz the Minotau]

If there is no response the Magistrate will issue an arrest warrant. I guess I'm confused...did they not receive your guilty plea and payment?

 

[burnte]

We don't know what she needs to pay since the amount hasn't been set by the magistrate. They have received her plea, as we sent it certified mail. And in the past year, they have not issued a warrant, which is what makes this thing so odd. They seem content to let the stupid thing sit there, which is bad, as her license is now suspended (not that she'd driving anywhere lately, but insurance companies raise your rates for this, and you have to prove you're not driving) until this is cleared up.

 

[Kaz the Minotau]

What was she cited for? Have you tried calling the magistrate's office? She shouldn't have to travel there unless she pleads not guilty and requests a trial.

 

[burnte]

Driving without insurance, which is required in PA. Turns ou tit had expired at midnight, and this was 5 in the afternoon, so it was 17 hours without insurance. Ironically, that's where she was driving to, the insurance agent.

Anyway, yes, we've both called, numerous times, as has the attorney we're retained. They still refuse to discuss anything. She's pled guilty twice now, actually. Or tried to, since they've refused to accept the plea. All we want is to know the fine amount so we can pay it and get it over with.

 

[Kaz the Minotau]

I assume that she was cited with section 1786F ? Is so that is a $300 dollar fine. It isn't sliding.

 

[burnte]

Yes, and driving under suspended registration. I forgot about that part. That's the one that has not yet been determined fine-wise. Which is the source of our troubles...

 

[Kaz the Minotau]

Have you talked with the Magistrate directly or just his clerks? What did they say?

 

[burnte]

Only the secretaries. They won't let any of us (attorney included) speak with the magistrate. They're stock statement is that she needs to come into the office to get it resolved. Which isn't possible due to her health now. Which is thy the attorney requested she get a letter from the doctor stating such. We've done this, and he's mailed it out with a letter explaining the situation, as of friday it was mailed. They should get it tomorrow or tuesday. Personally, it's my expectation that they'll ignore this as they have everything else, although I hope otherwise.

 

[Kaz the Minotau]

I hope evrything works out for you.

 

[burnte]

Anyone else have any answers to my original question, by chance?

 

[loocpoc]

The DJ system in PA has to be the worst in the world. Most of the magistrates are crooks and really dont care at the common folk. This is just another reason why I think Pa needs to adapt to Philadelphia system of court where municpal judges and traffic court judges are seperate, the constable system is abolished and sheriff's offices take care of everything.

Damn Iam so glad when I left PA.

 

[Bravo8]

Loocpoc, I disagree wholeheartedly. Pennsylvania's DJ system works just fine, at least in my neck of the woods. I take offense at you calling most DJ's "crooks".

Further, our local Constables are top-notch, and very professional. Our Sheriff's Depts are over-worked dealing with the Common Pleas Courts, let alone adding the DC workload to them. Plus, Sheriff's Depts cost tax dollars, Constables don't.

Burnte, I would suggest contacting the President Judge of the county. The District Courts do fall under their authority, and hopefully they can assist in clearing this up.

I can't think of any logical reason for their actions, except maybe this:

They think your mother is full of it, and is just attempting to avoid coming in. They have a warrant for her, and are trying to convince her to just show up so she can be taken into custody.

While it is true that her DL will be suspended for failing to pay, it will also be suspended upon conviction or plea of guilty for both of those offenses.

Your other option could be to send in a payment of the max fine for driving following suspension of registration, and see if it's accepted. If they accept the payment, you could contact PennDOT and provide a copy of the cancelled check to show that it is paid. This may at least assist in reinstating your mother's DL.

This story just sound fishy, though.....like all the facts aren't present.......

 

[burnte]

I know, it does sound odd. All I can say is that I'm giving the whole story. I'm wondering if it's a warrant situation too, but there aren't any on the wire, so if they have one, it's paper only, which is just sneaky. I had an issue with them several years back with a couple parking tickets. I'd forgotten to pay the $3, and a couple months later I had a note on my door from a constable. I called the office, and I got the same cloak and dagger game. Wouldn't tell me anything but that I had to come in. Turns out it was a $30 or so fine. It was absurd. I think, frankly, it's just a power trip on their part. I think they get off on scaring people and puting them out of their way.

 

[Bravo8]

If by "on the wire", you mean listed in NCIC or CLEAN, then it's not "sneaky". Traffic warrants are rarely (if ever) entered into the system.

I have even stopped people who I know have traffic warrants in the middle of the night, and not arrested them. Traffic warrants are looked down upon as being insignificant in Pa.