License suspension appeal.

[mrogersbb]

What is the name of your state? Ohio
Aug 2002 I was backing down the side of an entrance ramp on I95 (when cars weren't coming) in Philadelphia to get out of traffic jam. Trooper gave me ticket for reckless driving. Said to take care of it or be in trouble. I paid it($270). Then got notice of 6 month suspension of license from PA cause he wrote reckless on ticket. I sent DL-16LC back to PA. and will be suspended 10-8/2002. I want to appeal this. It was not reckless (certainly careless). In Ohio reckless driving would only be 4 points. I have a chief of police that will write a character letter for me.

I have the form for appeal from Phily. City Hall. Obviously Court is 7 hours away from me.

I need to know 3 things:
1. Can I appeal this without a lawer? Just send form and $89 in?
2 Can I appeal to the Court of Common Pleas without being there. (just send a letter explaining what happened)
3.If it Must be suspended can I get work priviledges?

 

[JETX]

I have no idea of the answers to your specific questions (and really doubt that anyone on the forum would be that familiar with specific PA statutes), but can certainly say that ANYONE who purposely backed DOWN a freeway on ramp..... is driving recklessly!!!

 

[Bravo8]

and really doubt that anyone on the forum would be that familiar with specific PA statutes.......

Hey, what about me???

Reckless driving is an automatic 6 month suspension. My opinion is that your actions fit the definition of "Reckless driving" under Pennsylvania law.

1. Yes, you can file an appeal and represent yourself. There is no requirement for an attorney.

2. No, you must appear for the appeal. Mailing a letter means nothing. If you fail to appear, you will be found guilty in abstentia.

3. Since you live in Ohio, it will depend on Ohio law whether they issue a "Occupational Limited License" (as it is known in Pa). What occurs is Pennsylvania will notify Ohio of your suspension in Pa. Ohio will then suspend your DL in Ohio. It is their discretion whether it is a restricted license or a complate suspension.

Additionally, you may not be able to appeal. You have thirty days to withdraw your guilty plea. If you were found guilty, you could appeal to the Court of Common Pleas. If it is within the thirty days, you can withdraw your plea and have a trial in traffic court. If found guilty there, you would have thirty days to apeal to the Common Pleas court. If it has been more than thirty days, you are S.O.L.

Your only recourse (if greater than 30 days) is to appeal to the Department of Transportation not to suspend your DL. They may or may not hear your case. Contact PennDOT for more information.

Also, you could appeal to your state's DOT or DMV. They may hear your case and reinstate your DL. You need to contact Ohio to discuss this.......as I have no idea whether this is plausible.

 

[Lt.Anger]

Dont forget in pa the state must prove you purposely had wanton disregard for life and property while driving.Thats pretty hard to prove..Your best bet is an attorney of course.But i got one for speeding at 102 mph in a 55 and the judge tossed it..Cause the state couldnt prove i was basically trying to hurt someone.

Its a charge that should be reserved for idiots who bash into someone on there cell phones..Its an automatic 6 mos dl suspension,not to mention your insurance premiums when you get your license back.

 

[sandyclaus]

Dont forget in pa the state must prove you purposely had wanton disregard for life and property while driving.Thats pretty hard to prove..Your best bet is an attorney of course.But i got one for speeding at 102 mph in a 55 and the judge tossed it..Cause the state couldnt prove i was basically trying to hurt someone.

Its a charge that should be reserved for idiots who bash into someone on there cell phones..Its an automatic 6 mos dl suspension,not to mention your insurance premiums when you get your license back.

Way to go, necroposting and bringing back to life a thread that is literally almost 10 years old. I'm thinking that this issue is LONG over and done with by now.

 

[HighwayMan]

Its a charge that should be reserved for idiots...

And what should be reserved for those who respond to 10 year old postings?
What would you call THAT?