pa 75

[timaa2ha]

Hi all!
Back on July, 1, 2019 my vehicle was involved in a single car accident. Someone apparently phoned the Pennsylvania State PD. When they arrived, they asked who was driving my vehicle I replied "It was not me." Then began an onslaught of questions! I invoked my fifth amendment right and stated that "I don't wish to answer any questions without an attorney present ." I repeated this several times, but they continued questioning me. I, several more times, expressed that I wasn't going to answer any questions. To make a long story short, they gave me a roadside PBT, which was zero as I hadn't had anything to drink, save a bottle of Poland Springs water. They told me if i didn't consent to the PBT that would result in a loss of license. They asked for my drivers license, which I provided and consented to a pat-down of my outer clothing. They then completely searched my vehicle, without my consent. I mean they took every napkin, piece of paper, and all content of my vehicle and searched it thoroughly. When the tow truck arrived, they left as did I. How surprised I therefor was to receive four tickets in the mail. They were all under PA 75. They are as follows:

1786 (F) lead- Required Financial Responsibility (No Insurance)
3309 (1) lead- Driving on Roadway Laned for Traffic
3361 lead Driving Vehicle at Safe Speed
(no statute listed) Required Registration

Now, there is no witness to put me behind the wheel; as I was not the driver. They never asked me to provide my insurance or registration I keep both in my wallet and have copies on my cell phone. I requested a reply to my letter of discovery. I waited about 5 weeks, then hand-delivered my discovery request (a local attorney gave me a template letter). The siting trooper called my cell phone from his private cell phone and left a voice mail. I did not respond, but rather left him a voice mail at the PA State Police barracks. As of today I still have received no reply to my letter of discovery. My court date is two days from now (I'm representing myself) but I'm unable to properly defend myself without answers to my letter of discovery.
Any advice would be greatly appreciated.

 

[Just Blue]

Hi all!
Back on July, 1, 2019 my vehicle was involved in a single car accident. Someone apparently phoned the Pennsylvania State PD. When they arrived, they asked who was driving my vehicle I replied "It was not me." Then began an onslaught of questions! I invoked my fifth amendment right and stated that "I don't wish to answer any questions without an attorney present ." I repeated this several times, but they continued questioning me. I, several more times, expressed that I wasn't going to answer any questions. To make a long story short, they gave me a roadside PBT, which was zero as I hadn't had anything to drink, save a bottle of Poland Springs water. They told me if i didn't consent to the PBT that would result in a loss of license. They asked for my drivers license, which I provided and consented to a pat-down of my outer clothing. They then completely searched my vehicle, without my consent. I mean they took every napkin, piece of paper, and all content of my vehicle and searched it thoroughly. When the tow truck arrived, they left as did I. How surprised I therefor was to receive four tickets in the mail. They were all under PA 75. They are as follows:

1786 (F) lead- Required Financial Responsibility (No Insurance)
3309 (1) lead- Driving on Roadway Laned for Traffic
3361 lead Driving Vehicle at Safe Speed
(no statute listed) Required Registration

Now, there is no witness to put me behind the wheel; as I was not the driver. They never asked me to provide my insurance or registration I keep both in my wallet and have copies on my cell phone. I requested a reply to my letter of discovery. I waited about 5 weeks, then hand-delivered my discovery request (a local attorney gave me a template letter). The siting trooper called my cell phone from his private cell phone and left a voice mail. I did not respond, but rather left him a voice mail at the PA State Police barracks. As of today I still have received no reply to my letter of discovery. My court date is two days from now (I'm representing myself) but I'm unable to properly defend myself without answers to my letter of discovery.
Any advice would be greatly appreciated.

So...When asked if you were the driver and you said "no" did you then tell the officer who was driving the car? Where was the driver when all of this was going on? How long was it between the time of the accident and the police arrival? What was hit...ie...Person? Other car? City/State property?

 

[adjusterjack]

(I'm representing myself

You're toast if you don't hire a lawyer.

 

[Taxing Matters]

If you were truly not the driver then you should have told the police who the actual driver was. If you were the actual driver, then you should not have answered any questions beyond identifying yourself. You certainly should not have lied to the officers stating that you were not the driver when in fact you were nor should you have made the statement that you were not the driver (if true) without identifying the actual driver of the car. That statement that you were not the driver can be used against you. Combined with your failure to disclose who the actual driver was it will open up an attack by the prosecutor to paint you as a liar and if the DA succeeds in doing that then all of your testimony will be given very little credibility.

In short, next time you are questioned by the police as a suspect don't answer anything. Don't be tempted, as you were apparently here, to give answers you think will help you and not answer only those things you think will hurt you. That's being too clever by half and can end up being worse than saying nothing at all. Even answers that you think might help you, like your statement that you weren't driving, might end up being used against you in ways you didn't think about when you gave the answer.