Posts Tagged ‘Traffic Lawyer in Berks County’

Driving on a Suspended License Charge Dismissed

Thursday, June 27th, 2013

Attorney Ryan W. McAllister recently represented a client who was charged with Driving on a Suspended License under 75 Pa.C.S.A. 1543(a). Our client had failed to respond to a traffic ticket in another county in Pennsylvania, and, as a result, his license was suspended indefinitely. When our client was pulled over for a minor traffic violation, the officer ran our client’s information and discovered his license was suspended. The officer then issued our client a ticket.

Our client was very concerned because if he was convicted of the 1543(a) offense, PennDOT would have hit him with another whole one (1) year license suspension. Needless to say, our client, who needed his license to commute to work and support his family, could not afford a one (1) year suspension of his operating privileges.

Therefore, at the Berks County District Court hearing, Attorney McAllister requested a hearing before the Judge. After questioning the officer and making a convincing legal argument to the Judge, our client was found “NOT GUILTY” of the citation. Our client was very happy with the outcome of his case.

If you or someone you know has been charged with a traffic related offense in Reading, PA, or Berks County, please contact us right away at 610-372-5128. One of our experienced and dedicated attorneys will be happy to discuss you case in more detail during a “no-cost” consultation.

Client Avoids Jail Time on 1543(b) Traffic Offense

Tuesday, July 31st, 2012

Our client was charged Driving on a DUI Suspended License under the Pennsylvania Vehicle Code, 75 Pa.C.S.A. 1543(b).  Although this is technically a traffic offense, a conviction actually carries a mandatory 60-90 day jail sentence.  Our client was a married father of two (2) children, and, clearly, he could not afford to spend 60-90 days in jail without a significant impact on both the emotional and financial well-being of his family.  Additionally, a conviction under this section of the vehicle code would carry an additional one (1) year suspension of our client’s driver’s license by the Pennsylvania Department of Transportation (PennDOT).

On the day of the hearing, Attorney McAllister attempted to negotiate with the prosecution.  After discussing the matter, Attorney McAllister was able to convince both the prosecution and the Judge to amend the citation issued to our client to another traffic offense.

In the end, our client received no jail time and no additional license suspension.  Our client only had to pay a relatively small fine and court costs.  He was very happy to have retained the services of Ebner, Nevins & McAllister, LLC.

If you or someone you know is facing a traffic citation for driving on a suspended license in Berks County or Reading, Pennsylvania, please contact us at 610-372-5128 to speak with one of our experienced attorneys.  We’ll be happy to discuss your case in more detail and answer any questions that you might have.

Not Guilty Verdict on 2 Citations – 2 Remaining Citations Withdrawn

Wednesday, July 13th, 2011

I (Ryan W. McAllister) recently represented two (2) clients at district court who were each issued two (2) traffic citations.  The first client, who was the driver of the vehicle, was charged with failing to stop and provide information following an accident, 75 Pa.C.S.A. 3744, and accidents and damage to unattended property, 75 Pa.C.S.A. 3745(a).

As is my usual course of action, upon arriving at the courtroom, I approached the officer who had issued the citations and asked her is she would be willing to drop and /or reduce some of the charges.  For whatever reason, her verbatim response was “not at all”.  As a result, I told my clients of the situation and informed them that we would have no choice but to proceed to a summary trial.  In fact, at that point my clients had nothing to lose by going forward with a trial, so it was the obvious choice.water park

As in any criminal case, including a traffic citation, the burden of proof is on the Commonwealth of Pennsylvania to prove a defendant guilty “beyond a reasonable doubt”.  In this matter, the officer was simply not prepared with the proper evidence to prove my guilty.  On numerous occasions, the officer attempted to testify statements that other witnesses had said.  This is clearly “hearsay” evidence, and the Judge sustained my repeated objections to these statements.

At the conclusion of the case, my client was found “not guilty” by the Judge.  The police officer, knowing that she couldn’t prove her case on the remaining two (2) citations, withdrew them.  My clients were extremely happy with the outcome.

If you have been charged with a traffic citation under the Pennsylvania Vehicle Code, please contact Ebner, Nevins & McAllister, LLC, at 610-372-5128 to discuss you case in more detail.  We offer free in-office consultations for your convenience.

Client Not Guilty on Driving Under Suspension Citation

Friday, February 11th, 2011

Last week, I (Attorney Ryan McAllister) represented a client charged with 75 Pa.C.S.A. 1543(a), driving while operating privilege is suspended or revoked, and 75 Pa.C.S.A. 3112(a)(3)(ii), traffic control signals.  My client was facing a one-year suspension of her driving privileges if she was convicted of 75 Pa.C.S.A. 1543(a), as well as three (3) points on her driving record if she was convicted of 75 Pa.C.S.A. 3112(a)(3)(ii).  My client works full-time and has a significant commute to her job; therefore, she could not afford any convictions that would negatively impact her driving privileges.

After being retained by my client, I ordered a copy of her full-driving record from PennDOT.  Upon examining her driving record, it was apparent to me that the reason for my client being charged with “driving while operating privilege is suspended or revoked” was primarily due to a prior paperwork misunderstanding between PennDOT and my client.  It seems that my client initially had her license suspended by PennDOT due to a previous conviction for a traffic citation.  My client filed a pro se appeal in that case, which temporarily stayed the suspension of her driving privileges for a period of six (6) months.  However, under current Pennsylvania state law, PennDOT re-instated the suspension of my client’s driving privileges after the six (6) months had gone by, even though my client’s appeal was still pending.  It was clear that my client was not aware her driving privileges were supsended

Therefore, on the day of the trial, I presented the complicated driving history to the officer who had issued the citations to my client.  After presenting the situation to the Judge, I was able to secure a not guilty verdict on the citation for 75 Pa.C.S.A. 1543(a), which saved my client from an additional one-year suspension of her driving privileges.  Also, the officer was willing to amend the remaining citation, 75 Pa.C.S.A. 3112(a)(3(ii), to 75 Pa.C.S.A. 3111(a), traffic control signals, which carries zero (0) points.

Initially, my client was facing a one-year suspension of her driving privileges and three (3) points on her driving record, not to mention nearly a thousand dollars in mandatory fines and court costs.  In the end, however, my client only convicted of one (1) minor traffic violation and sentenced to pay fines and costs totaling $117.50.  She received no license suspension and no points on her driving record.

If you have a traffic case in Berks County, Pennsylvania, or Reading, Pennsylvania, please contact the office at 610-372-5128 to setup a free consultation.  I (Attorney Ryan McAllister) will be happy to meet with you and discuss possible defenses to your case.