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Statute of limitations PA

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C

cartoon

Junior Member
What is the name of your state? PA

Hi,

I was given a ticket for careless driving about 3 months ago to which i pleaded not guilty. Since then I have not heard anything from the courts (nor the police). No court date has been intimated to me as yet either.

So, my question is, is there a statute of limitations on such a traffic ticket in PA and if so what is the duration and would i be able to get the ticket dismissed based on this ?

Thanks.
 


B

Bravo8

Member
You need to contact the Magistrate's office that has jurisdiction over where the offense occured. That is where the citation would have been filed, and your hearing notice would have been generated.

It may be something as simple as a typo on the hearing notice that resulted in your notice being mailed to the wrong address. Since the court never heard from you after your initial plea (even if it's not your fault), there is likely a warrant for your arrest and your DL is suspended.
 
C

cartoon

Junior Member
Hi,

While researching on the internet for the time limits I found this particular piece of information :

"§ 5553. Summary offenses involving vehicles.
(a) General rule.--Except as provided in subsection (b) or (c), proceedings for summary offenses under Title 75 (relating to vehicles) must be commenced within 30 days after the commission of the alleged offense or within 30 days after the discovery of the commission of the offense or the identity of the offender, whichever is later, and not thereafter. "


does this mean that they had to start the court proceedings within 30 days ? (or at least have fixed a date for trial) or does issuing a ticket also count as proceedings having commenced ?

Thanks.
 
N

NWO

Member
You should have recieved a court date the day you pleaded not guilty. You have the right to a speedy trial. Did you sign a waiver of your right to a speedy trial?
 
C

cartoon

Junior Member
Hi,

I was supposed to either "plead guilty and pay the fine" or plead "not guilty and request a trial" as it was written on the ticket. I mailed in the ticket after signing the not guilty portion and since then I've not heard anything from the court. On the ticket it was written that if I plead not guilty then a trial would be scheduled and the date would be intimated to me but as yet nothing has been done. Also I dont recall waiving my right to a speedy trial anywhere.

Thanks.
 
N

NWO

Member
Then I'd say you might have slipped through the cracks. I don't have any advice but I'd say, whatever gets filed to dismiss a charge on the grounds of lack of a speedy trial should get filed.
 
B

Bravo8

Member
cartoon said:
Hi,

While researching on the internet for the time limits I found this particular piece of information :

"§ 5553. Summary offenses involving vehicles.
(a) General rule.--Except as provided in subsection (b) or (c), proceedings for summary offenses under Title 75 (relating to vehicles) must be commenced within 30 days after the commission of the alleged offense or within 30 days after the discovery of the commission of the offense or the identity of the offender, whichever is later, and not thereafter. "


does this mean that they had to start the court proceedings within 30 days ? (or at least have fixed a date for trial) or does issuing a ticket also count as proceedings having commenced ?

Thanks.
Click to expand...

If you read further, the issuance or filing of a Summary Citation is commencing the proceeding.
 
M

mrsnshick

Junior Member
I also live in PA. In doing research for my own legal situation I found this site. You just put in the name of the person you're looking for and the county the offense happened in and if the offense was since about 2000 (or so - I find my searches have only gone back to 2000 - the county you are in my be different) info will come up which gives if the summons was sent, if it was accepted, when the hearing date was (I'm only searching for past offenses on a person not current) and it says what the fines were and other info.

Hope this helps in your case!


http://ujsportal.pacourts.us/WebDocketSheets/MDJOtherCriteria.aspx
 
T

The Occultist

Senior Member
mrsnshick said:
I also live in PA. In doing research for my own legal situation I found this site. You just put in the name of the person you're looking for and the county the offense happened in and if the offense was since about 2000 (or so - I find my searches have only gone back to 2000 - the county you are in my be different) info will come up which gives if the summons was sent, if it was accepted, when the hearing date was (I'm only searching for past offenses on a person not current) and it says what the fines were and other info.

Hope this helps in your case!


http://ujsportal.pacourts.us/WebDocketSheets/MDJOtherCriteria.aspx
Click to expand...
Um, I sincerely doubt that your advice is going to help the OP of a thread that is over THREE YEARS OLD!!!!! :rolleyes:
 
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