Posts Tagged ‘Berks County PA traffic ticket’

Prevented License Suspension

Wednesday, May 22nd, 2013

Last week Attorney Julie Marburger won a summary appeal for a client facing a 3 month license suspension and a possible $500 fine for operating a vehicle with a suspended registration. The client had pled guilty to the ticket not realizing a suspension would be imposed. Attorney Marburger filed a summary appeal to bring the case in front of a judge of the Court of Common Pleas of Berks County and worked out a deal where the fine was reduced to $25 and no suspension was enacted.

Client Avoids 60 day Mandatory Jail Sentence in Suspended License Case

Wednesday, November 2nd, 2011

Today I represented a client charged with violating section 1543(b) of the PA Vehicle Code – Driving Under a Suspended License – DUI Related. The sentence is strict for a conviction for such an offense: 60 days mandatory in jail, and the possibility of up to 90 days at the discretion of the Judge. Additionally, a Driving Under Suspended License (DUS) citation carries a 1 year License Suspension from PENNDOT.

In this particular case I was able to negotiate a reduction in the charge down to the lesser offense of a 1543(a) – non-DUI related. This allowed my client to avoid at least 60 days in Berks County Prison.

If you are facing a DUS/DUI charge or other traffic citation or driver’s license issue in Berks County or Reading, PA you need experienced legal representation. It is not advisable to attempt to represent yourself in such matters. Our attorneys represent clients throughout southeaster Pennsylvania on all manners of vehicle code violations. Call our office today to schedule a free consultation.

Speeding Ticket in Work Zone on PA Turnpike reduced to 5mph Over

Friday, September 30th, 2011

Yesterday I represented a Pennsylvania motorists charged with operating her vehicle 27mph over the speed limit in a work zone area on the Pennsylvania Turnpike. If convicted under Section 1535(e)(2)/ Work Zone violation a Pennsylvania driver faces an automatic 15 day license suspension. In addition, a driver convicted of 27 mph over faces 5 points on their license under Section 3362(c)(1)(ii).

Fortunately, I was able to point to my client’s otherwise spotless driving history in negotiating with the trooper. In the end the District Judge allowed a plea to 5 mph over the speed limit – which carries no points.

Our office regularly represents Pennsylvania drivers charged with all types of vehicle code violations including speeding citations, weight restirction violations, driving under suspended license, racing on highways and more. Call today to schedule a consultation with a Berks County Pennsylvania Traffic Attorney.

Client saved from 60 day mandatory jail sentence in Berks County Driving Under Suspension case

Monday, September 12th, 2011

Last week I represented a client charged with a violation of section 1543(b) of the vehicle code – Driving Under Suspension/ DUI Related. He had previously been found guilty of this charge by a Berks County District Judge where he was represented by a non-Berks County attorney. The Judge had sentenced him to the mandatory minimum 60 day jail term as laid out in the vehicle code. The Judge set a date for him to report to Berks County Prison.

The motorist contacted our office and we immediately filed a Summary Appeal in the Berks County Court of Common Pleas. The imposition of sentence was then delayed while we prepared and awaited our date in Common Pleas. As it turned out our client’s prior counsel made several critical errors in the preparation of the case. Significantly, he failed to communicate with or enter into negotiations with the State Trooper.

At the time of the Summary Appeal hearing we were facing an uphill battle. However, I was able to negotiate with the trooper as well as the Assistant District Attorney. By presenting our client in the most favorable light and outlining various mitigating factors I was able to convince the Commonwealth to reduce the charges. In the end my client plead guilty to the reduced charge of 1543(a) and received no jail time. While he does still face a license suspension, he will not be taken from his family for two months.

Our office regularly represents motorists facing traffic offenses in Berks County and throughout the region. If you have recieved a citation or ticket or may be facing jail time for driving on a suspended license you need to know your rights and your options. Call our office today for a free consultation.

Points on Driver’s License saved through negotiation

Monday, July 25th, 2011

This morning I represented a client facing a Speeding Ticket in Berks County, PA. Based on the alleged speed he was facing 3 points on his driver’s license, placing him in danger of future suspension. Based on the particular circumstances of this case, I was able to convince the Trooper to reduce the charges. In the end, my client pled guilty to a no-point offense and paid a small fine.

Whether its a major felony such as Homicide, Sex Assault or Robbery or a relatively minor matter such as a traffic ticket, our attorneys have a proven track record of successfully defending our client’s interests. If you or a loved one is facing a traffic citation or speeding ticket in Berks County please call our office today.

Appealing Traffic Citations Saves Points on Drivers’ Licenses

Friday, April 22nd, 2011

This week I (Attorney Dan Nevins) represented two motorists in Summary Appeals who had been charged with speeding violations in Berks County, PA. In each case I was able to negotiate with the Commonwealth to reduce the violations to save my clients both money and points on their licenses. As we have posted before, the Pennsylvania vehicle code calls for points to be assigned based on how fast over the speed limit a driver was operating his or her vehicle. Accumulate enough points and a driver is facing a Departmental Hearing and/or a License Suspension or even a License Revocation.inflatable water slides

If you are worried about points on your license then it is important to contact a qualified Berks County Traffic Attorney when you are facing a traffic citation in Reading or Berks County, PA. It may be possible to negotiate a reduction in charges at the time of the hearing before the district judge. If you have already pled guilty or been found guilty, then you may be able to exercise your appeal rights before the Berks County Court of Common Pleas. Our firm regularly represents drivers with licensing issues in the Courts of Berks County, PA as well as throughout eastern Pennsylvania. Please call out office for a free initial consultations for your Traffic or Drivers License issue.commercial inflatable water slides for sale

PA Supreme Court hands down License Suspension ruling

Thursday, February 3rd, 2011

The Pennsylvania Supreme Court has recently ruled that PENNDOT can issue multiple drivers license suspensions for multiple vehicle code violations occurring during a single incident.  Calling it a case of first impression, the Court, in Strawn v. Department of Transportation found that the Appellant in this case should in fact suffer consecutive license suspensions for a single incident which resulted in charges of DUI, Fleeing and Eluding, Reckless Driving and Failure to Stop.  Appellant had argued that previous case law held that penalties should merge when their is a single criminal episode.  The case law that Appellant cited, however, dealt with Section 1532(c) of the vehicle code.  This is the section dealing with license suspensions for Drug Act offenses, not vehicle code violations.  1532(b), the section dealing with suspensions for vehicle code violations was the section that Appellant was penalized under.  The Court, in rejecting Appellant’sargument, stated, “It would strain the plain meaning of Section 1532(b0 to conclude that one suspension is appropriate for multiple offenses where the statute imposes different lengths of suspensions for distinct Motor Vehicle Code provisions. ” 

While this ruling certainly is a setback for individuals seeking relief from license suspensions, it does not change a general strategy employed in the defense of license suspension cases.  Either through negotiation or litigation I always try to limit the number of convictions for offenses where license suspensions occur.  When summary traffic offenses are attached to a DUI or Fleeing and Eluding case, I negotiate the withdrawal of such offenses.  In other cases, where there are numerous moving violations, I can persuade an officer to permit a plea to a single offense that does not impact you license.  If the matter needs to be tried before the Magistrate or Appealed to Common Pleas, I regularly advocate for clients facing license suspensions.  If you are facing a traffic citation or another charge where your Pennsylvania Driver’s License is at risk please contact my office for a no cost consultation.

Not Guilty Verdict for Trucker in Weight Restriction Case

Thursday, January 13th, 2011

Yesterday, I represented a tractor trailer driver in a summary appeal case of a citation for violation of the Pennsylvania Vehicle Code at 75 PaCSA 4902, Restrictions on use of highways and bridges. This section of the vehicle code makes it illegal to operate a motor vehicle on roads or bridges with a posted weight restriction. Most often this is meant to prevent truck drivers from operating on minor roads or bridges that have not been constructed to bear significant weight.

In this particular case my client had been fined over $3,200 for inadvertantly making a wrong turn. The fine was so large because the weight restriction on this road was 10 tons and his unladen tractor trailer weighed over 33,160 pounds. The law calls for graduated fines depending on how far the vehicle was over the limit.

Our position was that my client did not intend to operate his truck on this road. Instead, he testified that he had made a wrong turn, saw the posted weight restriction and began to make efforts to turn around when the officer stopped him. Fortunately for my client, common sense carried the day and the Judge found him not guilty.

Our firm continues to grow its practice in Traffic and Motor Vehicle Law and Licensing issues. Many clients are CDL Drivers whose livelihood depends on their license. If you are facing a loss of license or heavy fines as a result of a motor vehicle citation please contact our office for a free consultation. For the convenience of non-Berks County or non-Pennsylvania residents we offer no cost, confidential telephone consultations as well.

Fighting Speeding Tickets in Berks County (Reading, PA)

Friday, December 17th, 2010

Many people wonder if they need an attorney to contest speeding or other traffic tickets. If you are serious about fighting it, then the answer is yes. Keep in mind, you will be going to court, appearing in front of a Judge and questioing a police officer on the witness stand. Additionally, depending on the outcome it may become necessary to file an appeal de novo to the Court of Common Pleas.

A speeding ticket, in particular, can have a negative impact on you driving privilege and cause an increase in your insurance rate. Accumulation of a certain number of points will cause your license to become suspended or trigger a departmental hearing. For a speeding ticket the number of points is dependant on how far over the limit the driver was operating the vehicle and is as follows:
6-10 2 points
11-15 3 points
16-25 4 points
26-30 5 points
31 and over 5 points and a departmental hearing

I recently had a case where a client had been caught speeding and faced 4 points on her license. I was unsuccessful at the District Court level getting the points reduced following a hearing in which the officer offered testimony concerning the timing device that was used and the his observation of my client’s vehicle. Unfortunately the area was a targeted enforcement area due to a tragic accident the previous year. For this reason, the officer was also unable to offer a deal or reduce the rate of speed.

In the end, I ended up filing a de novo appeal at which time I was able to negotiate a deal with the officer and the Assistant District Attorney for 5 mph over the speed limit. 5 over call for no points and no impact on my client’s operating privilege.

Individuals facing speeding tickets are clearly in a much better position if they retain an attorney to fight or negotiate for them. If you are facing a speeding ticket or other traffic ticket in Berks County, PA call our office for a free consultation.