Traffic tickets are often seen as a nuisance. When you are pulled over for a traffic violation in Philadelphia, the temptation is to pay the fine and move on.
However, a traffic ticket is a criminal accusation. And just like any criminal violation, the prosecution has to prove all charges beyond a reasonable doubt. A traffic violation can lead to serious consequence, especially certain offenses that can even result in jail time.
Just like any criminal proceeding, you have a right to an attorney in a traffic violation proceeding. When faced with any serious traffic violation, having a Philadelphia serious traffic offense lawyer on your side can make the difference between jail time and driving away from the courthouse freely.
Traffic offense can have serious consequences, including losing your ability to drive. At Alva & Moscow, LLC, we apply the same skills and principles from defending first degree felonies to defending your serious traffic charges. Call us today at (215) 665-1695 to set up a consultation.
We represent people facing serious traffic violations throughout the Philadelphia area, including in Bucks County, Delaware County, Montgomery County and Chester County.
Some traffic offenses, like speeding and running a red light, may result in fines and heightened insurance rates. Some, however, can result in more serious consequences that can significantly affect your life, and even put you behind bars.
Homicide by vehicle may be charged if the driver is accused of causing the death of a person through gross negligence while violating a traffic law, other than drunk driving, if the violation is the cause of the death. For example, if a person runs a red light, striking and killing a pedestrian crossing the street at a crosswalk, he or she could face homicide by vehicle charges.
Homicide by vehicle is a third degree felony. It is punishable by up to five years in prison and a fine up to $15,000.
If a person causes serious bodily injury through gross negligence while violating a traffic law, he or she may be charged with aggravated assault by vehicle. Like homicide by vehicle, this is a third degree felony.
This charge involves willfully not stopping for a pursuing police officer if the officer is flashing lights or otherwise giving a signal to stop. The charge is a second degree misdemeanor, punishable by up to a year in prison and a fine of at least $500.
If a police officer is endangered during the flight or the accused is allegedly drunk, the charges could be escalated to a third degree felony, punishable by up to five years in prison and a fine up to to $15,000.
Also know as hit and run or failure to stop and render aid. After an accident, a person has a duty to stop and give certain information or alert authorities. If a person fails to do so, it might be a crime.
If the accident involved death or injury, it is a first degree misdemeanor, punishable by up to five years in prison and a $10,000 fine.
Reckless driving is driving that shows “willful and wanton disregard” for the safety of others. It is a summary offense and is punished with a $200 fine.
Pennsylvania uses a point system to assess drivers that have accumulated multiple traffic violations. Each violation is worth a certain amount of points. For example, driving 6-10 miles over the speed limit is worth one point. Driving 26 or more miles above the speech limit is worth five points. The more points, the worse the offense.
Every time you hit six points, there is an assessment. You may have to take a driver’s test, or face a hearing to determine whether you should be able to keep your license. If you hit 11 points, your license is suspended for a certain amount of time. Every 12 months you keep a clean driving record, three points are erased.
The accumulation of points is one reason to hire a Philadelphia criminal defense lawyer for traffic violations: To keep the points from growing.
Major traffic violations are not to be taken lightly. Some can have much worse results for you than a speeding ticket. You have a right to an attorney, and you should use it. Hire a Philadelphia serious traffic offense lawyer from Alva & Moscow, LLC. We will fight for you. Call (215) 665-1695 today to schedule a consultation.
Most traffic tickets are summary offenses, but several are criminal. Driving under suspension for a DUI-related suspension under 75 Pa.C.S. § 1543(b), fleeing or attempting to elude police under § 3733, accidents involving death or personal injury under § 3742, homicide by vehicle under § 3732, and reckless endangerment can all be graded as misdemeanors or felonies.
PennDOT assigns points to moving violations, and reaching six points triggers a written exam and possible hearing. An additional six points after that can bring a 15-day suspension. Points come off at a rate of three for every twelve months of violation-free driving. Drivers under 18 face suspension at six points.
A first offense under 75 Pa.C.S. § 1543(a) is a summary offense with a $200 fine and an added suspension. If the suspension was DUI-related, § 1543(b) applies and penalties escalate quickly - a first offense carries a mandatory 60 days in jail, and repeat offenses are graded as misdemeanors with longer mandatory terms.
Fleeing or attempting to elude a police officer is normally a second-degree misdemeanor, but it becomes a third-degree felony if the driver crosses a state line, drives under the influence, or endangers a law enforcement officer or the public. It also carries a mandatory 12-month license suspension separate from the criminal penalty.
Paying a ticket is a guilty plea. Beyond the fine it adds points, can trigger a suspension, and raises insurance premiums for years - and for a commercial driver it can end a career. Many summary citations can be negotiated to non-point offenses, which usually costs less over time than paying the ticket outright.
Homicide by vehicle under 75 Pa.C.S. § 3732 is causing a death through a reckless or grossly negligent violation of the Vehicle Code, and is a third-degree felony carrying up to seven years. When the driver was under the influence, homicide by vehicle while DUI under § 3735 applies instead and carries a mandatory minimum of three years.
Commercial drivers face stricter federal standards, and CDL holders cannot receive ARD or most diversionary dispositions for offenses committed in a commercial vehicle. Serious violations can disqualify a CDL for 60 days or more, and two DUIs in any vehicle bring a lifetime disqualification. These cases need to be litigated rather than pled.
Finding The Best
If you are facing any kind of injustice, be it a wrongful criminal accusation or being injured by the negligence of another, a fearless Philadelphia attorney from Alva & Moscow, LLC can fight zealously for your rights. We can serve as your criminal defense lawyer or your personal injury attorney. We apply our principles of aggressive representation to seek the best results for you.
We represent clients throughout the Philadelphia area, including Bucks, Chester, Montgomery and Delaware Counties, as well as Pennsylvania and New Jersey.
