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Old 04-30-2008, 12:20 AM
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Join Date: Apr 2008
Posts: 2

Is there a time-limit to trial?


What is the name of your state? Pennsylvania

Two questions...

1. In March I got a speeding tix in PA. Is there a date my hearing must be held by? 30 days, 90? 120? I ask because it has been rescheduled (at the officer's request) numerous times already. Is there a point when I can argue my right to a 'speedy hearing' has been violated.What is the name of your state? If so, when do I introduce this motion, at the hearing?

2. If the tix was written for 5 over, but 17 over was written in the officer's comment field (bottom of ticket) can I really be given a harsher fine &points just because I chose to fight the ticket?

Thanks.

Last edited by VREX; 04-30-2008 at 12:54 AM.
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Old 04-30-2008, 09:23 AM
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Join Date: Aug 2007
Posts: 674
Vex,

Yes ticket can be amend, but there it is process that must followed to amend the ticket. A Judge may threaten you that he will find against you at the higher limits but he can not unless the new ticket is issued with the new correct information. Face it you go a road side discount.

Next, yes there is are time limits, Here are the specific information in PA about your rights to a speedy trail. I have not seen or heard where a case got tossed because of these time limits

[url]http://www.pacode.com/secure/data/234/chapter10/s1013.html[/url]
[url]http://www.pacode.com/secure/data/234/chapter6/s600.html[/url]

Above is the general rule for when a hearing must happen, Below is the specific rule for summary case which traffic tickets are consider and it say 30 days. I have read where people have successfully use the below to get a ticket dismiss, but I think your mileage could vary on this, since most people have had to appeal the Magistrate ruling on this to win. Most magistrates disagree with this since most ticket hearing happen 30 to 90 days after the citation occurred and if everyone walked in waved this rule and got their ticket dismissed the Magistrate would not be able to pay his bills.

[url]http://members.aol.com/StatutesP1/42PA5553.html[/url]

You will find the entire Title 42 which are the procedures and rules courts must follow. The above site is a Magistrate through the goodness of his heart and to be fair to everyone has posted all the PA Statutory Titles since PA has refused to publish them to a state website. However, recently many of these things are now showed up at the link below but not guaranty to be up date.

[url]http://government.westlaw.com/linkedslice/default.asp?SP=pac-1000[/url]

Last edited by Maestro64; 04-30-2008 at 11:31 PM.
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