By retaining a defense attorney who is experienced in fighting back against speeding tickets and traffic violations, it is possible to get your points reduced or even avoid them altogether. This makes hiring a defense attorney a good investment because you can save hundreds or even thousands of dollars on insurance costs.
Violations And Their Points
Here are a few examples of traffic violations and the points they carry in Pennsylvania:
- Not stopping at a red light: 3 points
- Ignoring a flashing red light: 3 points
- Failure to yield half of roadway to oncoming traffic: 3 points
- Improper passing on a hill: 4 points
- All other improper passing: 3 points
- Failure to yield: 3 points
- Circumventing a train gate: 4 points and a 30-day suspension
- Not stopping for a school bus with flashing red lights: 5 points and 60-day suspension
- Exceeding posted school zone speed limit: 3 points
- Not yielding to pedestrian in crosswalk: 2 points
- Careless driving: 3 points
- Leaving the scene of an accident that results in property damage: 4 points
- Exceeding the speed limit by six to 10 MPH: 2 points
- Exceeding the speed limit by 11 to 15 MPH: 3 points and a 15-day license suspension if in a work zone
- Exceeding the speed limit by 16 to 25 MPH: 4 points and a 15-day license suspension if in a work zone
- Exceeding the speed limit by 26 to 30 MPH: 5 points and a 15-day license suspension if in a work zone
- Exceeding the speed limit by 31 MPH or more: 5 points, a 15-day license suspension if in a work zone, and possible other penalties as determined by a hearing examiner
Six Or More Points On Your Record
In Pennsylvania, most moving traffic violations add points to your record. If, for example, you plead guilty to not stopping at a red light, the Pennsylvania Department of Transportation (PennDOT) will add three points to your record.
When you have six or more points, the penalties can really complicate your life:
- Your insurance company will be notified by PennDOT and your rates will probably go up.
- After your first six points, you will have to pass a written exam. If you don’t pass it within 30 days, your license will be suspended until you do. If you pass the test, two points will be taken off your driving record.
- After your second six points, you will have to appear at a PennDOT hearing. If you fail to appear, your license will automatically be suspended for 60 days. If you appear, the hearing officer will make one of the following determinations:
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You receive no punishment but no points will be taken off your record.
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Your license should be suspended for 15 days. After the suspension, two points will be taken off your record.
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You may be asked to take an on-road exam. If you pass, two points will be taken off your record. If you fail, your license will be suspended until you do pass.
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- After your third (or more) six points, you will have to appear at a PennDOT hearing. The hearing officer will probably suspend your license for 30 days and no points will be removed from your record. If you fail to appear, your license will automatically be suspended until you do.
- If you are 18 or under, your license can be suspended for 90 days if you accumulate six points or if you are caught driving more than 26 miles over the speed limit.
If you exceed 11 points, you face an immediate and mandatory license suspension. How long will your license be suspended? That depends on your previous suspension record.
- One suspension: five days per point
- Two suspensions: 10 days per point
- Three suspensions: 15 days per point
- Subsequent suspensions: one year
To Get Points Taken Off Your Record
It is possible to have points removed from your driving record. For every 12 consecutive months after the date of your last violation that you drive without a traffic conviction, three points can be taken off your record.
Hearing for Excessive Speeding
If the police charge you with excessive speeding, it means they believe you exceeded the posted speed limit by 31 MPH or more. You will be notified to attend a mandatory PennDOT hearing. If you do not go to the hearing, your license will be suspended immediately for 60 days.
At the hearing, a PennDOT examiner will make a recommendation for you to either take a driving road test or to have your license suspended for 15 days. The suspension has larger implications because you will also receive five points on your record. Having an experienced attorney by your side at the hearing will give you a better chance to avoid the harsher punishment.
A Clean Driving Record Is Worth Fighting For
As you can see, a clean driving record is worth fighting for. You will pay less in car insurance fees and you will not risk losing your license.
How A Lawyer Will Help
When you are up against a traffic violation, you need an attorney who will stand by you every step of the way, work hard to discredit any evidence – and work with you to determine your best course of action.
Pennsylvania Traffic Violation Law
Traffic violation is described and defined under The Pennsylvania Code under Title 75. Read the code here.
Questions? Contact us today.
Based on the evidence, Fienman Defense will try to get your traffic violation charges dismissed or lowered. Should the case go to a hearing or trial, we will fight to present the strongest defense possible for your situation.