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P. Simmons
P. Simmons, Attorney
Category: General
Satisfied Customers: 26138
Experience:  45 years old, retired Marine Officer, current attorney
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My sister was hit in the back by a tailgater who had been trailing

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My sister was hit in the back by a tailgater who had been trailing her for a least 2-3 miles. She was trying to make a turn at an intersection when the guy hit her. They believed the guy was drunk. She called the cops, and when they arrived they blamed her for stopping to make the turn. The cop called her stupid for calling and said they had important things like shootings to attend to. The cop warned my sister not to fight the ticket she was getting or she'd lose her license and insurance. My sister promptly paid the ticket, but afterward learned the the cop had no right to say they had shootings to attend to because they have units for that and units for traffic issues, so she was designated for traffic issues, AND she wrote down the wrong info on the ticket, such as the address and make and model of the car. On top of this my sister has had her license suspended for 6 months. Is there anything my sister can do, or is she just out of luck?
Submitted: 4 years ago.
Category: General
Expert:  P. Simmons replied 4 years ago.
Can you tell me please the reason for her suspension of her license?
Customer: replied 4 years ago.
According to her, because the ticket said "Reckless Driving"
Expert:  P. Simmons replied 4 years ago.
OK, did she fight the ticket? DId she show up for the ticket?
Customer: replied 4 years ago.
No, unfortunately she paid the ticket because of the officer's threat.
Expert:  P. Simmons replied 4 years ago.
THanks

How long ago did this happen. Is the license still suspended?
Customer: replied 4 years ago.
March 22nd. The suspension is for 6 months.
Expert:  P. Simmons replied 4 years ago.
Got it

I suspect there is more to this story...for a tailgating drunk she would not loose her license for 6 months.

That said, if the story is correct, she should retain an attorney and appeal the ticket. She can do this with the same court that issued the suspension. Its a straightforward process, she will need to explain to the court what happened and they can correct.


     
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Customer: replied 4 years ago.
She drafted a petition to appeal non-pro punc, that was denied. They then instructed her to send letter of reconsideration of the facts of that evening. She had to send it in within 10 days of the non-pro punc denial. She did. They denied that too because she "did not follow criminal procedures".
Expert:  P. Simmons replied 4 years ago.
Yes, since she was representing herself. That is why she needs an attorney to appeal this.
Customer: replied 4 years ago.
Since my sister doesn't make much money is there any advice you could give for her on how to cost-effectively retain the services of an attorney?
Expert:  P. Simmons replied 4 years ago.
Sure

what state is this in?
Customer: replied 4 years ago.
Pennsylvania. Harrisburg, if you want specifics.
Expert:  P. Simmons replied 4 years ago.
Here is a start

http://www.palawhelp.org/PA/StateDirectory.cfm/County/%20/City/%20/demoMode/%3D%201/Language/1/State/PA/TextOnly/N/ZipCode/%20/LoggedIn/0



Here is a link to PA reckless driving
http://law.onecle.com/pennsylvania/vehicles/00.037.014.000.html

If convicted she would loose license for 6 months.

To appeal, she will need to show not only that she was not guilty, but why it took so long to appeal this. A lawyer can assist with this matter, and may be able to get it overturned.

She should also file a complaint against the police officer that issued the ticket



P. Simmons, Attorney
Category: General
Satisfied Customers: 26138
Experience: 45 years old, retired Marine Officer, current attorney
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