84 in a 40 (Non-Active Construction Zone)

[sara814]

What is the name of your state? PA

Advice please! I got pulled over on 95 in NE Philly, supposely going 84 in the 40 work zone. Speed limit is usually 55 mph, and the average speed is usually around 70mph. The officer pulled me over, didn't tell me how fast i was going or anything, just asked for my license and registration. After waiting in the car forever, finally comes back to the car with my ticket. Says nothing.. and I mention something about how i couldn't believe i just got a ticket, and he says I can fight it in court and they will probably plea-bargain with me. Didn't even look at the ticket until he walked away - and realize its for $225 and that i was going 84. I know i wasn't going that fast. I estimated I was driving around 60 -70 mph. And I know that it is of course, still way over the speed limit. But it is the difference between losing my license or not!

So, I go to Philly Traffic Court. And the judge allowed me to say 2 sentences, before he decided I was guilty, and no mention of a plea bargain at all. Supposely, Philly is really cracking down on speeders. I was told to appeal it, and I have a court date in March. Should I hire a lawyer to represent me? Or just hope that I will be able to get a plea bargain myself with the D.A.? I received a letter in the mail from PENNDOT this week, regarding a hearing for my possible license suspension.

I have no previous violations or points on my record. Will the judge or DA show me any leniency due to my clean record?

[seniorjudge]

If I understand your post correctly, you are saying that you have already been found guilty and that you are appealing.

If that is correct, the prosecutor is out of the picture now.

The court of appeals will say either yes it should be reversed or no it should not be reversed.

Upon what grounds did you appeal?

The hearing for your license suspension is a civil case which has nothing to do with the criminal case.

Are you asking if you should hire a lawyer to help you keep your driver's license?

[sara814]

If I understand your post correctly, you are saying that you have already been found guilty and that you are appealing.

If that is correct, the prosecutor is out of the picture now.

The court of appeals will say either yes it should be reversed or no it should not be reversed.

Upon what grounds did you appeal?

The hearing for your license suspension is a civil case which has nothing to do with the criminal case.

Are you asking if you should hire a lawyer to help you keep your driver's license?

Yes, I was found guilty in traffic court. And I appealed it and have to go to the Court of Common Pleas. I appealed it because I know I wasn't going 84. So I have to either try to plea for leniency or argue the accuracy of officer's Pace Mode Tracker. What exactly is this type of tracking device? How accurate is it?

The hearing is a separate thing, through PENNDOT. I didn't think you would bring a lawyer with you to that. I am hoping to be able to plea to a lesser charge (lower speed) so that the license suspension wouldn't even be an issue. I need to know if I should be a lawyer with me to the Court of Common Pleas, or if I should just pray that the DA is willing to negotiate with me.

I appreciate your advice!

[seniorjudge]

If I were facing the loss of my operator's license, then I would want a lawyer with at every thing.

You probably will be having a trial de novo, rather than an appeal. That means a new trial, everyone pretending that the old one did not happen.

There is no way you will beat this. The officer will say due to his experience, he knows how fast you were going and, plus that, he has you on radar.

You, on the other hand, have no evidence.

[sara814]

If I were facing the loss of my operator's license, then I would want a lawyer with at every thing.

You probably will be having a trial de novo, rather than an appeal. That means a new trial, everyone pretending that the old one did not happen.

There is no way you will beat this. The officer will say due to his experience, he knows how fast you were going and, plus that, he has you on radar.

You, on the other hand, have no evidence.

So, you are saying that it is not likely that the DA will offer me to plead guilty to a lesser charge? I've talked to several people who went to this court on traffic offenses, and they were offered a plea bargain. But.. Philly is cracking down on speeders. So, if they know they have a strong case against me, I guess they would take me to trial.

This sucks!!

[seniorjudge]

...This sucks!!...

Why is this?

Anyway, I never said you couldn't get a plea bargain.

Sometimes prosecutors will plea bargain stuff away because they are too busy.

Try it.

But the important thing is to keep your license; you need a lawyer.