Traffic Violations & Summary Offenses

Traffic violations and summary offenses are less serious than misdemeanors and are heard and decided by a district justice. Non-traffic summary offenses include disorderly conduct, underage drinking, harassment, criminal mischief, and shoplifting.

Traffic Violations and Summary Offenses

Summary offenses are minor crimes that are decided by a district justice. Many motor vehicle code violations, including speeding and running a red light, are summary offenses. However, driving under the influence of alcohol or drugs is a misdemeanor, not a summary offense. Non-traffic-related crimes such as disorderly conduct, underage drinking, harassment, criminal mischief, and shoplifting are also summary offenses.

Individuals charged with summary offenses have the right to legal representation. Our Pennsylvania defense attorneys are members of DrunkDrivingDefense.com, a nationwide association of defense lawyers dedicated to defending driving-related crimes. Our lawyers can answer questions about any summary offense during a free consultation.

Note: This information is for informational purposes only and should not be considered legal advice. It is based on Pennsylvania law. The statements are general, and individual facts in a given case may alter their application or involve other laws not referred to here.

HOW ARE SUMMARY OFFENSES ENFORCED?

Individuals accused of committing a summary offense are typically issued a citation by police. The citation is usually given directly to the accused individual by the police officer who observed the incident. If no police were present, or if the officer opts not to issue the citation at the scene, a citation or summons can be sent by mail.

In some cases, police can place the individual under arrest instead of issuing a citation and take the defendant to appear before a district justice. The hearing can be held immediately or be postponed, but the district justice can require the defendant to post a bond to guarantee the future court appearance. The individual will still receive a citation.

WHAT IS A CITATION?

Citations for summary offenses contain a statement of the facts of the case and the specific code violation. They also contain instructions to the defendant on responding to the citation.

Generally, individuals who receive citations have 10 days to either plead guilty and pay the fine; or plead not guilty and request a hearing. If the individual fails to respond to the citation, a warrant may be issued. For traffic-related violations, a driver’s license suspension may also occur.

WHAT IF SOME OF THE INFORMATION IN THE CITATION IS WRONG?

Minor errors such as misspelled names or incorrect vehicle models or descriptions aren’t likely to invalidate the citation. However, major mistakes, such as citing the individual for an incorrect penal or vehicle code section, may nullify the citation if prejudice can be shown.

WHAT HAPPENS IF THE INDIVIDUAL DOESN’T RESPOND TO A CITATION?

Individuals who don’t respond to a citation within 10 days can be arrested. This arrest is usually made by a local constable. When the constable appears with the arrest warrant, the individual can avoid arrest by paying the fine plus an additional $5 and costs to guarantee a court appearance; or plead guilty and pay the fine and costs. If the individual pleads not guilty and requests a hearing, the district justice will send out a notice of the date and time of the hearing. Individuals who do not pay the fine to the constable are typically taken into custody.

WHAT IF THE ACCUSED REQUESTS A HEARING?

Individuals accused of summary offenses have the right to be represented by a private attorney at the hearing, but don’t typically have the right to be represented by a public defender if the offense is punishable by only a fine.

Once the hearing begins, the police officer who issued the citation and any other prosecution witnesses will testify, then the defense may question them. The defense can also produce witnesses who can be questioned by the prosecution. The police can then introduce any additional evidence to contradict or disprove any defense claims. Finally, each side is given the opportunity to make any concluding statements or arguments to the district justice.

The district justice will then decide the case. If the defendant is found not guilty, all security posted will be returned. If the defendant is found guilty, the security will go toward paying the amount of the fine and costs.

WHAT IF THE DEFENDANT FAILS TO APPEAR AT THE HEARING?

If the defendant requests a hearing, it will take place regardless of whether he or she appears in court, unless a continuance has been approved by the district justice. If an absent defendant is found guilty, the security money will go toward paying the fine and costs. If the total costs exceed the security money posted, the defendant will be ordered to pay the additional amount. If the defendant is acquitted, the security money will be returned.

CAN A SUMMARY OFFENSE BE APPEALED?

An individual found guilty of a summary offense can appeal the case to the Common Pleas Court in the county where the district justice is located. The appeal must be filed within 30 days of conviction by filing a form obtained from the district justice or clerk of courts. When the case is tried in Common Pleas Court, the defendant will receive a completely new trial. Police generally do not have the right to appeal if you are found not guilty by the district justice.

FOR MORE INFORMATION

The office of the district justice where the citation was filed can provide some information about summary offenses. The citation will include the name and address of the district justice. However, the district justice office cannot provide legal advice.

Anyone who needs additional information about summary offenses should contact a defense attorney. Traffic convictions can result in the assignment of points on the driver’s record or a suspension or revocation of a driver’s license. A conviction on a driver’s record may also affect a driver’s insurance rates. Individuals charged with non-traffic summary offenses can also benefit from expert legal advice. Our Pennsylvania defense attorneys are members of DrunkDrivingDefense.com, a national association of lawyers committed to defending DUI / DWI and other driving-related crimes. Contact a lawyer today for a free consultation.