Traffic Violations and Summary Offenses

Traffic violations and summary offenses are less serious than misdemeanors and are heard and decided by a district justice. Non-traffic summary offenses include disorderly conduct, underage drinking, harassment, criminal mischief, and shoplifting.

Traffic Violations and Summary Offenses

A summary offense is a minor crime, less serious than a misdemeanor charge, which will be heard by a district justice. Most vehicle code violations, such as running a red light or speeding, are considered summary offenses. However, DUI / DWI is a misdemeanor, not a summary offense. Crimes such as underage drinking, disorderly conduct, criminal mischief, and shoplifting are also summary offenses.

Fortunately, individuals facing summary offenses have the right to be represented by a lawyer. Pennsylvania defense attorney David M. Manilla is an associate of DUI-DWI.com, a national network of defense attorneys who devote their practices to driving-related offenses. He can outline an effective defense strategy to a summary offense during a free consultation.

Note: This information is for informational purposes only and should not be considered legal advice. It is based on Pennsylvania law. The statements are general, and individual facts in a given case may alter their application or involve other laws not referred to here.

HOW ARE SUMMARY OFFENSES ENFORCED?

Individuals charged with a summary offense usually receive a citation from a police officer. The ticket is typically given directly to the accused by a law-enforcement officer who observed the offense. If police were not present, or if an officer chooses not to issue the citation at the scene, a summons may be sent by mail.

Police may opt to place an individual under arrest in some cases instead of issuing a citation. The hearing will be held before a district justice immediately or can be postponed, but the defendant may be required to post a bond to guarantee a future court appearance. The individual will still receive a citation.

WHAT IS A CITATION?

Summary offense citations contain a statement of the facts of the case and the specific code violation. They also instruct defendants on how to respond to the citation. Individuals who receive citations typically have 10 days to plead guilty and pay the fine. If the defendant wishes to plead not guilty, he or she may request a hearing. If the individual fails to respond to the citation, a warrant may be issued. For traffic-related violations, a driver’s license suspension may also occur.

WHAT IF SOME OF THE INFORMATION IN THE CITATION IS WRONG?

If the officer who issued the citation commits a minor error such as misspelling the defendant’s name, it’s likely to be valid. However, major mistakes, such as citing the individual for an incorrect penal or vehicle code section, may invalidate the citation if prejudice can be shown.

WHAT HAPPENS IF THE INDIVIDUAL DOESN’T RESPOND TO A CITATION?

A defendant who doesn’t respond to a citation within 10 days can be placed under arrest by a local constable. The individual can avoid arrest by paying the constable the fine plus an additional $5 and costs to guarantee a court appearance; or plead guilty and pay the fine and costs. If the individual wishes to plead not guilty, he or she can request a hearing, and the district justice will send out a notice of the date and time. Individuals who do not pay the fine to the constable are typically taken into custody.

WHAT IF THE ACCUSED REQUESTS A HEARING?

Anyone accused of a summary offense has the right to be represented by a private lawyer; however, individuals facing offenses punishable only with a fine don’t typically have the right to be represented by a public defender or court-appointed attorney.

At the hearing, the police officer who cited the defendant and any other prosecution witnesses will testify, and then the defense has the opportunity to question them. The defense may call witnesses who can then be questioned by the prosecution. The police will then have an opportunity to introduce additional evidence that contradicts any defense claims. Each side will then be allowed to make any concluding statements to the district justice.

The district justice will then issue a decision. If the defendant is found not guilty, any fines or security posted will be returned. If the defendant is convicted, the security will be applied to the fine and costs.

WHAT IF THE DEFENDANT FAILS TO APPEAR AT THE HEARING?

The hearing will occur regardless of whether the defendant appears in court, unless a continuance has been granted by the district justice. If the defendant is found guilty in absentia, any security money will be applied to the fine and costs. If the amount of the fine is greater than the security money posted, the defendant will be ordered to pay the difference. If the defendant is acquitted, the security money will be returned.

CAN A SUMMARY OFFENSE BE APPEALED?

A summary offense can appealed to the Common Pleas Court in the county where the district justice is located. The defendant has 30 days from the date of conviction to file an appeal with a form available from the district justice or clerk of courts. The defendant will receive a new trial in Common Pleas Court. Police generally do not have the right to appeal if you are found not guilty by the district justice.

FOR MORE INFORMATION

The office of the district justice in the county where the summary offense was filed can provide limited information about summary offenses, but cannot dispense legal advice. The name and address of the district justice is listed on the citation.

Additional information about summary offenses can be obtained from a qualified defense attorney. There are excellent reasons to consult an attorney when facing a summary offense. Traffic convictions can result in the assignment of points on the driver’s record, a suspension or revocation of a driver’s license, and increased insurance rates. Individuals charged with non-traffic summary offenses can also benefit from expert legal advice. Pennsylvania defense lawyer David M. Manilla is an associate of DUI-DWI.com, a national network of lawyers committed to defending drunk driving and other vehicle-related offenses. Contact David M. Manilla today for a free consultation.