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  1. #1
    Join Date
    Mar 2010
    Posts
    3

    Default No Prosecution for "Summary" Offense - Is it Grounds for Dismissal

    This deals with matters in the state of pennsylvania.

    Earlier in the week I plead not guilty to a speeding ticket. I went to the court clerk and asked a couple questions to try and help build my case. First I asked for a copy of court rules, and she said there is no document explaining rules. Then I asked who the prosecutor was, and she said "There is no prosecutor, it's not a criminal case. It's just you, the judge, and the cop in the courtroom"

    I don't understand how this can be possible. In the absence of a prosecution, who in the court room can legally uphold the charges being brought against me by the Commonwealth of Pennsylvania? The cop is not a bar certified attorney, so he cannot legally represent the plaintiff. He is a witness at best.


    This sounds like one giant fraud. I'm tempted to go to trial and motion to dismiss due to the lack of prosecution. Opinions?


    PS I requested a continuance so I can have more time to learn how this system works (only had 3 weeks notice of court date) and the judge denied it.

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: No Prosecution for "Summary" Offense. Grounds for Dismissal

    Traffic offenses come in two variaties, civil and criminal. If you are arrested for something like DWI, it is criminal and there is a prosecutor and you can have an attorney appointed if you can't afford one.

    Most traffic offenses are civil. There is no prosecutor involved. It is you against the cop, with the judge deciding. In most cases the judge is going to believe the cop.

    You will likely be found guilty, there isn't much of a way around that. So in addition to the ticket fine itself, you will also be paying for court costs. You probably could have gotten a traffic attorney for the court costs that pleads you no contest and gets the adjudication withheld. That is the best you can hope for unless you have some really solid evidence you did not speed.

    You can not get a continuance in a civil traffic case.

    Rules? There aren't any for traffic cases in particular. Neither can any clerk give legal information. There are civil rules of procedure but they don't really apply in traffic court.

  3. #3

    Default Re: No Prosecution for "Summary" Offense. Grounds for Dismissal

    I came across this site a couple of days ago.

    http://outlawjudges.org/prosebar.aspx

  4. #4

    Default Re: No Prosecution for "Summary" Offense. Grounds for Dismissal

    You're right that the cop is just a (prosecution) witness. However here in California the law says the prosecution does not have to attend traffic infraction cases. I'd suspect there is a similar law in Pennsylvania. You should find out for sure though (which is what you'll need to do anyway if you plan to move for dismissal).

    For court rules and the likes, you'd be better off trying a law library, or even a local library with a law section. I don't think asking the court clersk for legal doc and/or advice is a good use of one's time (not to bad mouth clerks, just that it's not in their work duties/capacity that's all).

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: No Prosecution for "Summary" Offense - Is it Grounds for Dismissal

    I would suggest you call your state legislator ... he may be able to tell you more; sounds like in PA its an administative case, not a standard court case. And yes, there are administrative rules ... your state legislator may assist you in understanding this better. I have been to administrative hearings for traffic cases in another state ... its actually a more relaxed, less formal setting .. my experience was a good one, the attny actually followed the law (although I had to bring written court opinions documents supporting my theory with me to give to the hearing officer) ... I wonder how other people fare with admin hearings?

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