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My question is, I was givin a traffic citation about a month…

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My question is, I...

My question is, I was givin a traffic citation about a month and a half ago for what he called road rage but I was only doing about 15 or 20 and I did not admit to it even tho he wrote on the ticket “ road rage , did admit” . I still haven’t received a letter in the mail about a court hearing. Because of the false statement the officer wrote on the ticket and the length of time I’ve been waiting , is it possible to sue for delaying this process .

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

Pennsylvania

Lawyer's Assistant: Do you need to appear in court?

Yes to plead not guilty . I drive for a living so I can’t have the points on my license

Submitted: 3 months ago.Category: Legal
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Answered in 6 minutes by:
3/29/2018
Lawyer: Lucy, Esq., Attorney replied 3 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
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Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Police unfortunately have immunity from being sued for actions related to their official duties. At this point, the only person who's seen the ticket is you, so you're also not considered legally damaged. It's a tough spot - if you get the ticket dismissed, then his allegation that you admitted to the road rage didn't legally damage you, so there's no case (even if he didn't have immunity). And if you're convicted of road rage, then the judge has said that you did it, which means you can't sue for what would not legally be considered a material false statement at that point (again, if he didn't have immunity). What you can do is dispute the ticket.

Call the courthouse to make sure they didn't schedule a hearing you weren't aware of. It's possible something got lost in the mail. But you'd have the same issues suing the courthouse - first, the courts also have immunity. And second, a delay in going to court to have a ticket heard isn't considered legal damage. It's also possible that they referred the ticket to the district attorney's office, because aggressive driving is a crime. In that case, a month and a half delay in scheduling a hearing wouldn't be considered excessive. But your starting point is to call the courthouse and see if they have any record of the ticket or a hearing.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Lawyer: Lucy, Esq., Attorney replied 3 months ago

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