Legal Question in Traffic Law in Pennsylvania

Citation after an accident

I was recently in accident where I rear ended the car in front of me. Road work was being done in the area and when the car in front stopped suddenly I ran over debris in the road and the wheels locked on my car and I could not stop. Officer at the scene measured skid marks, etc and I was doing 30 mph in a 35 mph zone and he could not give me a careless driving ticket. I received one three days later in the mail stating I was not paying attention. Is this legal since he did not see the accident? Is this just the way little townships operate to obtain extra money?


Asked on 7/22/03, 4:29 pm

1 Answer from Attorneys

Blair Lane, Sr Earp Cohn, P.C.

Re: Citation after an accident

Traffic Tickets:

If you are issued a traffic ticket, do not blow it off. There are certain responsibilities that you have in answer the ticket - pleading guilty or not guilty; notifying the court of your plea, especially a not guilty plea and showing up for court at t he scheduled time and place. If you blow off the ticket and do not go to court, a warrant may be issued for your arrest and you may be subject to additional fine and penalties as well as embarrassment.

You should contact a lawyer in the area of the Town or County where you got the ticket. This will assist you in an area that you are not familiar with, they may be able to get the charge thrown out or down graded. Plus Courts normally handle attorney represented matters first relieving you of the possibility of spending hours in court.

In general, the State has to prove you committed this offense, usually by the �beyond a reasonable doubt: standard. If they fail to prove the charge you cannot be found guilty. If the officer did not witness the accident any information he relied upon in giving you the ticket would be hearsay.

Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the

Commonwealth of Pennsylvania. The information contained in this response is intended to

provide general information regarding a general legal question. This information contained in the

response is not to be construed as legal advice and you should not rely upon any information as

legal advice. Legal advice can only be obtained through a complete consultation with my office

or an attorney admitted to practice law in your State. Any information obtained through this

response should not be deemed to create any attorney/client relationship.

The law office of Blair C. Lane, Sr., provides �Personal - Professional� Legal Services for clients through out New Jersey and Pennsylvania with a diversified litigation practice, consisting of assisting clients and their families with various legal matters such as Serious Personal Injury Cases, (such as auto accidents, brain injury cases, dog bite cases, product liability cases, wrongful death cases & slip & fall cases), Workers� Compensation Cases, Real Estate Matters, (buying or selling a home), Traffic-Municipal Court Cases, (traffic tickets, drunk driving etc.), Estate Planning, (consisting of preparation of wills, trusts and living wills) Employment matters-litigation, contract disputes, corporate/business matters, as well as many other areas of the law to meet the needs of his clients.

Blair C. Lane, Sr. Attorney at Law

Two Split Rock Drive

Suite 5

Cherry Hill, NJ 08003

Telephone: 856-489-4353

Facsimile: 856-489-4363

E-MAIL: [email protected]

Web Site: www.njattorneyatlaw.com

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Answered on 7/25/03, 4:51 pm


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