Legal Question in Traffic Law in Pennsylvania

Did the Judge act within the law?

I stopped next to a bus with its stop sign out instead of in front of it. I felt my limited view made this an unfair ticket.

When I got to court, the judge asked me if I understood that I got off easy. I said, ''I understand, but I feel the ticket was given unfairly.'' The Judge told me that the cop could amend his decision and give me points + a suspension if we proceeded with the trial. I said I understood and wanted to proceed with the trial. She then asked the officer if he wanted to amend his decision and give me a worse penalty. Luckily he said ''No, I'll stick to the original fine.'' Once more the judge asked me if I understood how easily I got off. I said that I understood and I wanted to proceed with the trial. The judge responded ''Ok, then I'm finding you guilty.''

The officer never testified against me and I never had a chance to defend myself. This seems like a violation of basic constitutional rights. Is this legal?

There was no stenographer, are courts required to keep audiotapes or some other record? I'd love to get a record of this ''trial.''

THANKS


Asked on 3/31/06, 6:39 am

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Did the Judge act within the law?

There is no requirement for a court at that level to have a stenographer, or a recording of the proceedings. That's your responsibility to tape or bring a court reporter.

Judge was within his rights to ask the cop if he wanted to amend his citation. He was not within his rights to not hear testimony from the cop before finding you guilty.

You could report his actions to the judicial conduct board.

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Answered on 4/06/06, 3:30 am


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