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Abuse of power????

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intimidatedinpa

Junior Member
What is the name of your state? PA
I know this is going to sound like a cluster of errors but here goes-

Mistake #1 This sad tale begins with an expired license, due to address change and not being very observant. On realizing the expiration, I forward an application and a check for $24 to the great Commonwealth of PA.

Mistake #2 Instead of receiving the license, I get a letter advising that somehow, I am $2 short and asking for a check so processing can be completed. (I think that I checked a box asking for a contribution for organ donor awareness, or something). I mail in the requisite $2 check and proceed to wait return of the renewed license.

Mistake #3 I did not see the stop sign or the lights, and can only assume that like Officer X says, the were out/on. I, I give him my expired license and explain. He tells me I am getting a warning, he doesn't tell me I am getting charged. A full month goes by before I receive citation number one with a hefty fine for driving without a license. A reference to the school bus violation warning is scrawled on the bottom of the ticket.

Mistake #4 I decide to take my chances in explaining and proving that I was not making up the story above regarding the $2, etc. I pay several hundred dollars to have a hearing. I didn't envision the repercussion. Apparently in retaliation, Officer X on being issued notice of hearing date, decides to use his authority to teach me a lesson about pleading not guilty. He hammers me with a second charge on the school bus thing.

My question: Is this a misuse of power? Can an officer arbitrarily charge you for a violation after declaring same a warning, without any obvious reason other than retribution or intimidation?

Considering withdrawing my original plea (assuming this is possible) to avoid further punishment from Officer X.
 
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intimidatedinpa

Junior Member
Okay so he is technically within the allotted time period but does that make it right to file the charge 60 days later. Am I supposed to believe that his receipt of notice that I pled not guilty had nothing to do with filing the charge? I thought we lived in a country where everyone was entitled to have their side of a case heard without fear of reprisal. Last, I checked I was living in America. I wish someone else would weigh in on this.

Also I checked my bank records this date and confirmed that my original check was cashed by PennDot a full month before I got pulled over. The $ 2 check was cashed on the day the license was officially issued, Sept 27th. I got pulled over on Sept 24th. Do I have a chance at winning on this issue?
 

sukharev

Member
You do have a chance, with your check story and a good judge. Just don't sweat about the officer retaliation - that's stuff out of urban legend and bad tv shows.

You were guilty of driving with expired license, and should admit to that in court. Pleading guilty with explanation is probably the way to go. As for the school bus, try to get that ticket discussed at the same time (you have no choice at this point). As you stated, it was a warning originally, so a reasonable question on cross-examination would be "why did officer change it to the offense?". As you have pleaded guilty to the license charge, he cannot say anymore that he was giving you a break and you did not take it. So, with that in mind, and the good judge at the bench, you have a chance to get the bus charge dismissed and license charge reduced to non-moving violation. If you try to plead not guilty, odds are you get slammed by full charge, especially on the bus ticket. Get to court as early as possible, to get your case heared first, and you have a swift, 50/50 coin toss decision likely. With all luck you may not even have to speak to the judge, just the prosecutor who would offer you a deal.
 

zippysgoddess

Senior Member
I am also in PA, too, so I can give you more details. There are conditions to the warning, did you not read the details?? You have between 10 and 30days, depending on the violation, from the date you are issue the warning to go to the police station and show them that you have rectified the matter, in this case, you should have gone in and showed them that you had renewed your license.

You chose to ignore the details, and not do that, so as a consequence you were fined for the infraction. Wake up, grow up, and next time do what you are supposed to do.

If you had responded by going in, within the time frame as stated on the warning, you would have been released from both, that is why the bus thing was also on there as a warning. If you do not rectify the matter, then you are charged with all items listed on the warning, if you went in and showed them that you had taken care of the license issue, then all you would have had is the warning, and no more worries.

My DH had a similar experience not too long ago, we needed to renew his license, and get our car inspected. The officer issued the warning, we had 10 days to take care of the problem, we did, all I had to do was run into the front desk at the police station with our copy of the warning and show them his renewed license, and receipt for inspection. The woman at the desk glanced over it to make sure it was all in order, then she signed both our copy of the warning, and their copy, and wrote dismissed--conditions met, on both copies. That was the end of it.

Now, by ignoring the details, or not reading the fine print on your warning, you are being fined for both.
 

sukharev

Member
Well, what do you know, the warning had strings attached :)

Maybe there is a hope, go to the station, show your valid license and apologize for not reading the warning fine print. Does not hurt to try.
 

zippysgoddess

Senior Member
Yes, in PA the warnings almost always have strings attached, so you have to pay careful attention.

If it had been a warning for something like not stopping for a school bus, or not signalling for changing lanes, you know something you can't prove that you have fixed, then those warnings do not have strings, and are just that, a warning not to do it again. It still goes in their database though, so officers will know if you commit the same offense again.
 

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