A ZLF client was recently charged with Driving on a Suspended License, in connection with a traffic stop occurring in Butler County. Due to paperwork issues that occurred in another state, the client's driving privileges were suspended for a longer period of time than what was required due to an diversionary program resolution of a DUI charge. In short, the client was very close to having his/her driver's license restored.
While unrepresented, the client was convicted at the magistrate level of the DSL offense, adding an additional 12 months to the original suspension. This result would have a disastrous impact upon his/her ability to take positions within his/her corporation requiring frequent travel.
The client ultimately called ZLF with little time to spare. Our firm promptly filed a summary appeal before the Butler County Court of Common Pleas just before the 30 day deadline. We also filed a delay request letter with PennDOT, which was granted. This allowed the suspension to be delayed until the case was resolved.
On the summary appeal hearing date, both the client and officer failed to appear. The Rules of Criminal Procedure provide that the Court should dismiss the appeal if the Defendant fails to appear, even if the citing officer also fails to appear. However, based upon negotiations with the prosecution, an agreement was reached to hold a stipulated trial, where the client was convicted of Driving Without a License. This charge carries no license suspension for a first offense.
Although it is imperative to appear for all required court dates, the attorneys at ZLF were able to help a client achieve a desired outcome in his/her absence.