Racing on a highway in PA.

[rushfan_2112]

What is the name of your state (only U.S. law)? PA

I have a friend who's in a tough spot. He was pulled over for racing on a highway. But he belives the cop who pulled him over did not cite in a lawful matter. For one, he didn't have his marker lights on when he was sitting in a parking lot that he might not have able to sit in in the first place. Second, when the cop decide to pursue him and the other person he was allegedly racing against, the cop waited until my friend and the other person were sitting at a red light, finally turned on his lights, and went in front of them as the light turned green, almost causing my friend to sideswipe the cop. Third, the cop didn't allow my friend to sign the citation to acknowledge it, but opted to send it in the mail instead. Finally, he was only told of a fine he would have to pay by the cop, and was given no mention of a 6 month license suspension. He found out of the suspension only after he plead guilty.

Now, he didn't get a lawyer because he was lead to believe that he would only receive a fine and didn't start fighting it until the hearing. He doesn't have the money for an attorney because he missed work due to a broken ankle and he wants to fight this himself. Is there any advice anybody could give him when going into the next hearing? Thank you to those who help.

 

[Maestro64]

First, PA has not requirement about police having to have their lights on when parked especially in a parking lot.

Next, and maybe this is what you are thinking, PA does have a law that say no one, and this includes the police can not stop or park on private property, unless there is an emergency or you have written permission of the owner. Since it was parking lot it consider public. If he was in someone's driveway and if you can get the owner to say they did not have permission to be there, he broke the law.

Signing the ticket, not a requirement anymore in PA, many times the officer just writes on the ticket saying it was issued. Not sure why he mailed it unless he was not sure of the law that he though he broke. Mailing it is still fine as long as it is done within 30 days of the incident.

Suspension depend on the what violation he was cited for, also he could have other points on his license that push him over the top which the officer might not have been aware of.

What was he cited for, what was the section of the vehicle code did the officer write on the ticket.

Was the other person cited as well?

 

[FlyingRon]

He's extremely lucky it was PA.

This is what happens when you don't bother to pay attention. It's pretty trivial to look up 75 PA 3367 and find out the sanctions. By the way, it's not just 6 months suspension, the occupational (hardship) license is also barred in this case.

I'm not sure how he's getting another court hearing. Generally when you plead guilty to a summary offense you get sentenced on the spot. Most likely he got a soft hearted magistrate (some people get all the luck) who let him retract that plea in order to get counsel.

Still it sounds like you're grasping at straws. None of the things you note indicate anything that would exonerate nor were in the least bit improper as Maestro points out at face value.

Here's the statute for him to study while he's preparing his "defense"

§ 3367. Racing on highways.
(a) Definitions.--As used in this section the following
words and phrases shall have the meanings given to them in this
subsection:
"Drag race." The operation of two or more vehicles from a
point side by side at accelerating speeds in a competitive
attempt to outdistance each other, or the operation of one or
more vehicles over a common selected course, from the same point
to the same point, for the purpose of comparing the relative
speeds or power of acceleration of the vehicle or vehicles
within a certain distance or time limit.
"Race." The use of one or more vehicles in an attempt to
outgain, outdistance or prevent another vehicle from passing, to
arrive at a given destination ahead of another vehicle or
vehicles, or to test the physical stamina or endurance of
drivers over long distance driving routes.
(b) General rule.--No person shall drive a vehicle on a
highway in any race, speed competition or contest, drag race or
acceleration contest, test of physical endurance, exhibition of
speed or acceleration, or for the purpose of making a speed
record, and no person shall in any manner participate in any
such race, competition, contest, test or exhibition.
(c) Permits for special activities.--The department or local
authorities within their jurisdiction may issue permits for
special activities which would otherwise be prohibited by this
section.
(d) Penalty.--Any person violating this section is guilty of
a summary offense and shall, upon conviction, be sentenced to
pay a fine of $200.

 

[rushfan_2112]

From the looks of it, he is grasping at straws. I don't know how everything went down, other than from what he told me. All I know is I was just trying to help him out to see if there's anything he could use to his advantage in court. I thank you FlyingRon and Maestro64 for your help. But, to be frank, unless some sort of miracle happens, he's screwed.

 

[Maestro64]

I am not sure if that section carries an automatic suspension. Here is PA rule on points and suspensions

http://www.dot3.state.pa.us/pdotforms/fact_sheets/pub472.pdf

I can not find an specific information on racing and points and suspensions, but I did not look that hard either

Here are the fines and racing is called out but nothing about a suspension

http://www.dot3.state.pa.us/pdotforms/vehicle_code/chapter65.pdf

 

[Maestro64]

Okay, found it, Never had a need to look into this before. Flyingron had it right.

http://www.dot3.state.pa.us/pdotforms/vehicle_code/chapter15.pdf

Look at section 1532...

Once a conviction occurs, which happen when your friend plead guilty,

I am assuming you friend it not going in front of the magistrate but in front of the DMV departmental hearing. I highly doubt you will get them to change their mind. He is definitely need a lawyer.