Philadelphia Criminal Defense Attorney Mark D. Hauser

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Philadelphia Traffic Violations Lawyer, Traffic Citation PA

Common Traffic Tickets Pennsylvania, Traffic Violations Philadelphia

Philadelphia attorney Mark D. Hauser has 14 years of traffic court experience that he can bring to the table to assit you with any traffic violations, traffic citations or license suspensions in Greater Philadelphia area. Some of the most common traffic violations in Pennsylvania are as follows:

Common Traffic Tickets PA

  • Driving Without a License
  • Driving Without Registration
  • Driving Without Insurance
  • DUI
  • Illegal U-Turn
  • Leaving the Scene of an Accident / Hit and Run
  • Mechanical Violations
  • Reckless Driving
  • Running a Red Light / Stop Sign
  • Seat Belt and Child Restraint Violations
  • Speeding
  • Unlawful Vehicle Modifications

Driving Without a Valid Driver's License

In every state, traffic laws make it unlawful to operate a motor vehicle when:

  • The vehicle operator has never been issued a driver's license from the state department of motor vehicles,
  • The vehicle operator currently has his or her driver's license temporarily suspended, or
  • The vehicle operator has had his or her driver's license permanently revoked.

Traffic laws in most states differentiate between operating a vehicle without a valid driver's / operator's license, and operating a vehicle without proof of licensing (i.e. when a properly licensed driver fails to carry his or her driver's license).

Driving Without Valid Vehicle Registration

In every state, traffic laws make it unlawful to operate a motor vehicle when:

  • The vehicle has never been registered with the state department of motor vehicles (or motor vehicles bureau) in the state where it is primarily used.
  • The vehicle's once-valid registration has expired (i.e. required fees and filings were not submitted to the state motor vehicle department within the registration period).

In many states, penalties for driving a vehicle whose registration has expired will increase the longer the registration has lapsed. For example, if the vehicle's registration expired less than 6 months ago, the infraction might be considered a non-moving violation. But if the vehicle's registration expired more than 6 months ago, the offense may be considered a moving violation, which shows up as "points" on a driving record, and may lead to increased automobile insurance rates.

Traffic laws in most states differentiate between operating a vehicle that is not registered, and operating a vehicle without proof that the vehicle is registered (i.e. when a driver of a properly registered vehicle fails to carry a required registration certificate, or fails to display current registration stickers).

In most states, certain types of vehicles need not be registered -- including "off-highway" vehicles, stored vehicles, or vehicles for which a "non-operating" has been filed with the state department of motor vehicles.

Driving Without Valid Insurance or Sufficient Insurance

In every state, drivers are required to demonstrate the ability to pay up to a certain amount to cover their liability if they are involved in a motor vehicle accident. These laws are sometimes called "financial responsibility" laws, because while not all states specifically require that drivers carry liability insurance from an insurance company, all states do require some form of proof of financial responsibility.

In states that do not specifically require motor vehicle drivers to show proof of liability insurance in order to comply with "financial responsibility" laws, other acceptable forms of proving responsibility include:

  • Self-insurance certification
  • Certificates of deposit
  • Surety bonds.

Laws in most states differentiate between driving a vehicle that is not insured (or without adequate financial responsibility), and driving a vehicle without proof that the vehicle is insured (i.e. when a driver of a properly insured vehicle fails to carry proof of a valid insurance policy).

Across all states and D.C., penalties for a first-time offense for driving without insurance range from the imposition of a $100 fine, to a one-year driver's license suspension.

DUI, or Driving Under The Influence

DUI is an extremely serious traffic violation. You can find out a great deal more info on DUI arrests and PA dui laws in our Philadelphia DUI Lawyer section

Illegal U-Turn

In most states, a traffic ticket can be issued to any driver who makes an illegal or unsafe u-turn. In some states, traffic laws require drivers to execute a u-turn only when it is reasonably safe to do so under the circumstances (based on the driver's ability to see approaching cars, the speed of oncoming traffic, etc.). Other states specifically prohibit drivers from making a u-turn or "turning around" on or near the crest of a hill, or near a curve that limits visibility to a few hundred feet. Finally, a driver who makes a u-turn at an intersection that has a posted "No U-Turn" sign has committed an illegal u-turn, and may receive a traffic ticket.

Leaving the Scene of an Accident | Hit and Run

When any kind of motor vehicle accident occurs, state traffic laws require the drivers involved to follow certain procedures immediately after the incident. In most states, the specific procedure that must be followed depends on whether the accident:

  • Caused damage to property only (i.e. hitting a parked vehicle); or
  • Caused injuries to others (i.e. another driver, a passenger, or a pedestrian); or
  • Resulted in a person's death (i.e. another driver, a passenger, or a pedestrian).

Typically, state traffic laws require that any driver involved in an accident stop his or her vehicle as soon as it is safe to do so, and exchange identification and contact information with any other driver involved in the incident.

If a driver collides with an unattended vehicle or other stationary property, most states mandate that he or she make a reasonable effort to identify the property owner and alert them as to what happened by, for example:

  • Taking down the vehicle's license number if a parked car is damaged, or
  • Leaving a written notice at the scene (with the driver's identifying information) if other property is damaged.

After an accident involving injuries, drivers usually have a legal duty to take reasonable steps to help any injured person -- including calling for assistance from emergency medical services -- and to report the accident to local law enforcement.

Any driver who fails to fulfill their duties after being involved in an accident can receive a traffic ticket, at a minimum. In some cases, especially when an accident causes injury or death, a driver who leaves the scene of an accident can be subject to serious criminal charges such as "felony hit and run."

Mechanical Violations

Under traffic laws in all states, all motor vehicles are required to have certain equipment properly installed on a vehicle, and that equipment must be functioning correctly while the vehicle is in operation. Such equipment includes:

  • Brakes
  • Lights (headlights, turn signals, brake lights, license plate lights)
  • Horns
  • Mufflers
  • Mirrors
  • Reflectors
  • Safety belts
  • Tires, and
  • Windshields, windows (made of approved safety glass)

A vehicle not properly equipped (i.e. no safety belts installed) or equipped with malfunctioning equipment (i.e. a burned-out head light) can receive a traffic ticket for a mechanical violation. In some states, citations for certain mechanical violations are considered "fix-it" tickets or "correctable violations." In California, for example, if you are given a "fix-it" ticket by a police officer, "yes" will be checked next to "Correctable Violation", and after the problem is fixed (i.e. you repair a non-functioning brake light) , you must get the signature of an authorized person (i.e. a local law enforcement officer) on the "Certificate of Correction" portion of the ticket. If you are issued a "fix-it" ticket for a mechanical violation in your state, read the ticket to determine whether you can mail the proof of correction, rather than taking it to court.

If the court accepts your correction, the case will be dismissed. But, if you fail to fix the problem within a short time after you receive a "fix-it" ticket, you will need to pay the fine for the mechanical violation, and you may be issued another ticket which will go on your record.

Reckless Driving

Most states carry laws that prohibit drivers from operating a vehicle in a way that shows a "reckless" or "willful" disregard for the safety of other people, including other drivers and pedestrians. In some states, the violation is called "reckless driving", while other states may use the terms "careless driving" or "dangerous driving" to describe the same violation. Some state traffic laws dictate that certain acts automatically qualify as "reckless driving", including:

  • Driving 25 miles per hour (or more) over the posted speed limit
  • Racing another vehicle
  • Trying to elude a police officer
  • On a two-lane highway, passing another vehicle when visibility of oncoming traffic is limited

Running a Red Light | Running a Stop Sign

All states carry traffic laws that specifically require "obedience to traffic control signals and devices" (or similarly-worded language), meaning that drivers must observe and obey all traffic lights and stop signs when operating vehicles.

The most common traffic violation associated with traffic control signals and devices is "running" a red light or stop sign -- when a driver proceeds through an intersection:

  • While a red light (or red turn arrow) is displayed on a traffic signal, or
  • Without coming to a complete stop and following right-of-way requirements when a "stop" sign is posted.

Lawful Turns on Red Lights
State traffic laws related to traffic control devices usually allow drivers to execute a turn on a red light only in certain situations. For example, drivers may make a right turn at an intersection on a red light if there is no sign prohibiting "right on red", and if it is safe to do so under the circumstances. Similarly, some states allow a left turn on a red light when a driver is turning left from one one-way street onto another one-way street, and it is safe to turn under the traffic (vehicle and pedestrian) conditions.

Seat Belt and Child Restraint Violations

Safety Belt Violations
With the exception of New Hampshire, every state has a law requiring the use of safety belts by adult drivers and passengers in motor vehicles. About half of states allow a law enforcement officer to make a traffic stop based solely on a seat belt violation (meaning that enforcement of seat belt laws is "primary" in those states), while the remaining states require that a law enforcement officer make a traffic stop for a different reason, such as speeding or a mechanical violation, before the seat belt law may be enforced (meaning that enforcement can only be "secondary" in those states).

The traffic laws in some states consider seat belt violations as non-moving violations requiring payment of a fine only (similar to a parking ticket). The amount of the fine can vary from $10 (in Arizona, Idaho, and Kansas) to as much as $200 (for certain seat belt violations in Texas). Other states, in addition to imposing a fine, treat a seat belt violation as a moving violation which shows up as "points" on a driving record, and the offense may lead to increased automobile insurance rates.

Child Restraint Violations
Each state also has traffic laws that require the use of child safety seats for child passengers under a certain age and/or body weight (usually regardless of whether the child is in a front or rear seat). In addition, some states prohibit children below a set weight/age from riding in child safety seats in the front seats of vehicles that are equipped with a passenger side air bag. Child passengers with an age and/or body weight above the limit for a child safety seat may usually be restrained with a standard safety belt.

Speeding

In every state, a traffic ticket can be issued to drivers who violate laws restricting the speed at which a vehicle may travel. Generally, states carry two types of laws related to speed restrictions:

  1. Laws that set specific maximum speed limits in certain settings.
    For example, a state may declare different maximum speeds at which a vehicle may be operated on a state highway (65 m.p.h.), on a residential street (35 m.p.h.), and in a school zone (25 m.p.h.).
  2. Laws that require drivers to operate their vehicles at a speed that is reasonable under the circumstances.
    For example, even if the posted maximum speed limit on a rural highway is 65 m.p.h., driving on that highway at 65 m.p.h. in a torrential rainstorm at night could result in a speeding ticket, because driving at such a speed could be deemed unsafe based on the hazardous road and weather conditions.

Unlawful Vehicle Modifications

Under traffic laws in most states, drivers may be given a traffic ticket for operating a vehicle that has been modified in violation of laws that regulate vehicle specifications and vehicle equipment. Examples of vehicle modifications that may result in a traffic ticket include:

  • Addition of non-standard lighting (neon lights , under-vehicle lights),
  • Alteration or removal of air pollution and emissions control device
  • Modification of vehicle ground clearance ("lowered" or "raised" vehicles),
  • Removal of mufflers and other sound-control devices, and
  • Window tinting (especially tinting of windshield or driver/front passenger side windows).

An unlawfully-modified vehicle can receive a traffic ticket for a mechanical violation. In some states, citations for certain unlawful vehicle modifications are considered "fix-it" tickets or "correctable violations." In California, for example, if you are given a "fix-it" ticket by a police officer, "yes" will be checked next to "Correctable Violation", and after the problem is fixed (i.e. you remove illegal under-car lights), you must get the signature of an authorized person (i.e. a local law enforcement officer) on the "Certificate of Correction" portion of the ticket. If you are issued a "fix-it" ticket for an unlawful vehicle modification in your state, read the ticket to determine whether you can mail the proof of correction, rather than taking it to court.

If the court accepts your correction, the case will be dismissed. But, if you fail to fix the problem within a short time after you receive a "fix-it" ticket, you will need to pay the fine for the unlawful vehicle modification, and you may be issued another ticket which will go on your record.

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Copyright © 2006  Philadelphia Criminal Defense Attorney Mark D. Hauser. All Rights Reserved.