Excessive Speeding Ticket Resolved for New Jersey-Licensed Driver
A client sought my help who was cited for excessive speeding on Interstate 95 (I-95) in Philadelphia. He was a New Jersey-licensed driver who was concerned, rightfully so, about how a Pennsylvania driving offense can affect a New Jersey driver's license. The driver had been traveling 25 miles per hour over the speed limit and was cited under Pennsylvania Title 75 Section 3362, which arguably may not be unreasonably fast on I-95 depending on the traffic conditions, but it was in violation of the law. Additional concerns were that the Pennsylvania State Trooper who stopped him noted that he had been driving "aggressively" and "tailgating other drivers." Thankfully, the State Trooper did not cite my client for additional offense such as "Reckless Driving" or "Careless Driving" because the implications for the excessive speeding were concerning enough because the excessive speeding ticket carried the prospect of 4 points in Pennsylvania and higher insurance premiums.
My client, a working professional, was also concerned how his driving record could impact both his present employment and prospective future employment opportunities. To resolve my client's case and concerns, I contacted the Philadelphia District Attorney's Office on his behalf of the scheduled court date to express our concerns as to how his New Jersey driver's license could be impacted in addition to related concerns regarding his employment and also future opportunities. I provided documentation to the Philadelphia District Attorney's Office to support our request for relief knowing that regardless of the number of points that may be imposed on a Pennsylvania-licensed driver's driver's license, a New Jersey-licensed driver will be assessed 2 points. This would be the case even if my client's excessive speeding ticket was resolved by negotiating a "5 MPH over" resolution which would carry 0 points in Pennsylvania. Such a prospective outcome, even though favorable in Pennsylvania, would have implications for a New Jersey-licensed driver; namely, that 2 points would nonetheless be assessed against a New Jersey-licensed driver. At the time of court at the Philadelphia Municipal Court - Traffic Division, also known as (the former) "Philadelphia Traffic Court," I met with the Assistant District Attorney who was handling the case in a continued effort to achieve the best possible outcome.
Although a Pennsylvania State Trooper "liaison" would generally prosecute traffic offenses issues to drivers on I-95, on this particular day, a longtime professional colleague was helping the State Trooper our and that is why he and I negotiated the outcome. In again expressing our concerns and the potential implication to my client's New Jersey driver's license, I was able to negotiate a "document violation" which would carry 0 points in both Pennsylvania and New Jersey. In sum, we were able to resolve my client's case with a small fine and 0 points which was a very favorable outcome based on what was at stake and the additional implications for a New Jersey-licensed driver facing a traffic violation in Pennsylvania.
Practice area(s): Speeding / Traffic Ticket
Court: Philadelphia Traffic Court