Traffic tickets are the worst. Whenever you pass a police cruiser on 95, you hold your breath. Sometimes, you even slam on your breaks to lessen your speed. Then, your stomach is in your chest as their lights flash on. No matter how cautious people drive, most people will receive a traffic violation at some point in their life. The likelihood is high.
While you are likely to get a traffic violation, you do not have settle for paying the fine and accepting the point deduction. We can help. At Freundlich & Littman, LLC, we help our clients through small speeding tickets as well as serious offenses. If you want to fight a traffic violation, we are traffic violation lawyers servicing the greater Philadelphia area.
What Is A Traffic Violation?
While this may seem obvious, it is important to know that traffic violations can occur in two ways. You may receive a traffic violation when the vehicle is either in motion or not in motion.
Moving violation traffic offenses range from the common speeding ticket to the more serious hit and run incidents. Further examples include running a stop sign or driving under the influence.
The non-moving traffic violations are things like parking where you are not supposed to be. They also include parking in a handicap spot without a placard. It could also be that your registration expired. Likewise, parking in front of a fire hydrant or having an expired meter are examples of a non-moving violation. Further, parking in front of a fire hydrant is not a good idea. In the case of emergency, emergency personnel may thread the fire house through your car. Plus, you receive a hefty fine.
Most moving or non-moving traffic violations do not carry a potential for incarceration. In Philadelphia, the court does not process minor traffic violations in criminal court. If you contest a ticket, the hearing will go to a Traffic Division judge in Municipal Court.
Some traffic violations go directly to criminal court. The law predetermines which cases are serious enough to warrant criminal action. If the traffic violation warrants criminal action, you will need a criminal attorney to assist you in the case.
Strict Liability Offenses
The most common traffic ticket is a “strict liability” offense. This occurs when there is no particular criminal intent in the offense. Many offenses require intent and action. The law calls this mens rea and actus reus. The only requirement for this offense is proof that the person performed the act.
These are common traffic violations that people caused by failing to follow simple traffic laws. In these instances, it is harder to get a ticket thrown out because the court does not care about your intention.
These offenses can include:
Traffic Violation Penalties And Traffic Court
Many of these infractions lead to Traffic Court. Traffic Court frees up much-needed space in criminal court. In Traffic Court, a judge presides over the hearing. The court does not appoint a lawyer for you, so you will need to hire your own.
Some cases will need to go to criminal court. The court will appoint a lawyer if you cannot afford one. For cases in criminal court, it is typically traffic violations that are felonies. A felony traffic violation can include leaving the scene of an accident.
The most common forms of penalties in traffic violations are speeding tickets. The amount of each ticket depends on the nature of the violation. Police officers and the Philadelphia Parking Authority generally do not have the discretion to change the dollar amounts of a ticket. You must petition the court or meet with the prosecutor for a reduction.
It is possible to lose points off your license. For the most part, the state removes points from your license for one. If you lose eleven points from your license, the state may suspend your license for a period set forth by law.
Some traffic violations may result in an automatic suspension of your license. For instance, failing to stop for a school bus will result in a mandatory suspension of your license for 60 days.
Keep in mind that insurance rates may increase after a traffic violation.
Traffic Violation Lawyers
Whether your traffic violation is small or serious we can help. Fighting a ticket is not always the easiest option. You need to take off from work. Sit in the courtroom all day. Even when the judge hears your case, it is a gamble. You do not know if the judge will reduce the charge. Better still, you hope they give back some points to your license. Either way, Freundlich & Littman, LLC can help you.