Unpaid traffic citations from 1993...PA

If you do not show up and do not enter plea, you can be found guilty without being present under PA traffic law. There is a possibility there are bench warrants out on him, though this doesn't happen in all cases. In PA traffic tickets don't just go away, no matter how long---otherwise, no one would pay them. He is going to need to pay the tickets (and possibly penalties for contempt for failure to appear)-- After they are paid, then he can begin serving whatever additional suspension penndot imposes, or possibly get his license restored at that time. There is no statute of limitations issue, because as soon as they hand you the ticket, you have notice. When you sign the ticket, you are agreeing to appear. There is no way out of the tickets or suspension (though some more unscrupulous attorneys may be willing to take your money to do everything you can do on your own). So he needs to pay the tickets, and find out from Penndot what else he needs to do to get his license back. PA considers driving to be a privilege, not a right, so there are no due process issues as some answering attorneys have suggested for other traffic ticket questions on this site. PA can, will and does convict people who do not show up for traffic violations.

This is actually a very uncommon situation then. Usually here in PA, if you don't enter a plea, they will just enter a judgment against you. Since there are no bench warrants, there may be a failure to prosecute issue (That is to say, that if for some reason he got lucky and a hearing was never scheduled, the tickets could possibly be dismissed--the state only has one year, generally, to prosecute the tickets). I've had clients in similar situations, and have spoken with a former Penndot attorney, because this issue seemed far enough out there to me. I have never heard of someone being able to "request their own hearing" on something like this. Be aware that PennDot and the court system are very different entities here (seems strange, but that is how it is handled)--and even If the court dismisses the tickets, PennDot may have steps that need to be satisfied to get the suspension lifted. I had a client with tickets that were eleven years old. PennDot made him serve a 6 month suspension, even after the tickets were paid (They were for a total of $280, 2 tickets that PennDot had listed as 'unpaid'--he got a letter suspending his license, and he didn't even remember getting the tickets. he was eligible for a work/school license--Occupational Limited License)--What is important here is what PennDot wants him to do---because they ultimately hold the power to reinstate his license. Even if there is no problem with the court, he is going to have to talk to PennDot. In the meantime, If the magistrate's office will schedule a hearing for these tickets, it is worth a shot. If the tickets are able to be dismissed/if the magistrate dismissed them---then technically they may no longer be "unpaid"-- Also, beware of employees at the magistrate's office---they are not always the most scrupulous people. I had a client who was late on a fine payment, she called the magistrate's office to see if there was a bench warrant, she was told "No, just come in and pay it"--and when she arrived, they slapped the cuffs on her (non-traffic fine). The Penndot lawyer I spoke with, and a much older DUI/Traffic lawyer I spoke with have never heard of this exact situation. Old unpaid tickets finally drawing suspensions after many years, yes. Being able to schedule a hearing with the magistrate on old tickets, no. Basically, for Penndot to carry the tickets as "unpaid"--there had to be a judgment/decision/penalty entered at some point in the process. There are penalties from Penndot for failure to appear, I went back and re-read the PennDot regulations (which have the same authority as law)--and If your boyfriend were my client, I would advise him to actually speak with PennDot on the issue. Like I said, if the Magistrate's office will schedule a hearing, that is worth pursuing (and he could go without an attorney, would only need counsel if he were found guilty and wanted to appeal up to court)-- But again, he shouldn't go to the magistrate's office unless he is mailed a "Notice of Hearing" with the date and time he is scheduled to appear for a hearing. Good luck with the situation, but from the people I've spoken with, it is very uncommon, if not unique, as I previously stated, here in PA, if you never turn in the ticket or enter a plea, they either convict you of the charges without you being there--- OR sometimes Penndot suspends your license and simply assesses a penalty equal to the amount of tickets (plus an additional penalty for not appearing) against your license and suspends it. If PennDot has assessed a penalty, that will have to be paid, regardless of whether or not the tickets are dismissed--because it is considered an administrative penalty for not responding---not any kind of prosecution-- The distinction seems kinda stupid, and it is--but PennDot has full power over driver licensing, and they, therefore, have the last word.

The statute of limitations was 2 years to prosecute summary traffic offenses and now is 3 years. A lawyer should be able toeither have the tickets dismissed admninistratively or at a quick hearing. I offer free initail consultations.