Statue of limitations Driving under suspension

What is the name of your state? Pennsylvania

It came to my attention in April of 2004, that a citation for Driving while operating privilages suspended or revoved was filled againt me. The summons indicates that the date of violation was 7/24/99. Because I was made aware of this matter in 4/04 and no proceeding have taken place hasn't the statutes of limitation in accordance with Judiciary Code 42 Pa.C.S.A 5553 (e)run out? Judiciary Code 42 Pa.C.S.A 5553 states Disposition of proceedings within two years.--No proceedings shall be held or action taken pursuant to a summary offense under Title 75 subsequent to two years after the commission of the offense.

[CdwJava]

Well, if you were issued a citation/summons and never appeared, then the SOL does not have any effect because the proceedings had begun. Its possible that there is a bench warrant for your arrest out there somewhere.

Now, HOW did this just suddenly come to your attention?

Carl

[lwpat]

"that a citation for Driving while operating privilages suspended or revoved was filled againt me. The summons indicates that the date of violation was 7/24/99."

Are you trying to say that you were not charged in 99 with DWS?

I received a citation. I wasn't even living in PA in 1999. I went to the DJ's office to pay a fine for not filing local income taxes and that is when it was brought to my attention. However according to the following PA statue I beleive time has expired. Part e of Titel 42 § 5553 indicates a disposition of proceedings within two years.

Title 42 § 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.

(e) Disposition of proceedings within two years.--No proceedings shall be held or action taken pursuant to a summary offense under Title 75 subsequent to two years after the commission of the offense.

By the way a warrant was never issued.

[lwpat]

Contact the court and file a motion to have the citation dismissed on the above grounds and see what happens.

"By the way a warrant was never issued."

Has the DMV suspended your license? If so you need to take care of this ASAP. If you get stopped they have the option of taking you to jail.

[CdwJava]

It could be that since the citation was issued, and probably filed, that the proceedings have already commenced. If not, then all someone would have to do when they get a ticket or get a summons for court would be to hide from process service for two years. I doubt that's the case.

Now, if there had been NO action at all (i.e. the case was never filed) then you might have a chance. Otherwise, my guess is that proceedings have commenced and the SOL is not longer valid.

But, file the motion for dismissal and see what happens.

Carl

[Bravo8]

Cdwjava, you are both correct and incorrect.

Any summary traffic cases will be dismissed after 2 years. If a person hides from the warrant for 2 years, the courts are supposed to dismiss it. As ridiculous as that sounds, it's not surprising for this backwards state.

I'd be interested to know the circumstances surrounding the offense. The original poster never contested the fact that he was actually guilty of DWS in 1999, just that the SOL had expired. It is possible that the offense had just been discovered or that the police had just discovered the identity of the poster, and the SOL had not begun to toll until that discovery. However, it is my understanding that the two-year rule would still apply, thus making the prosecution unlawful.