PA Drivers’ Rights: How to Withdraw a Guilty Plea Successfully
A traffic conviction isn’t the end of things, especially when it comes to your driving record. Even if you plead guilty, you can still withdraw it because you have the right to do so for particular reasons. If you had to speed up, for example, to avoid an accident, there shouldn’t be any penalties.
However, sometimes people pay the fine, not knowing that this reflects on their driving record. So, a subsequent traffic violation could lead to even more fines and possible license suspension. Therefore, you need to contact a seasoned Pittsburgh criminal lawyer for assistance in overturning this guilty plea and fixing your record.
Reasons for Seeking Legal Counsel After the Plea
You need to seek legal counsel from a Pittsburgh criminal lawyer if you want to withdraw a traffic violation guilty plea. A lawyer can ensure better results and file the motion to withdraw the plea.
There are other reasons for seeking legal support as well. You need it to better understand your rights and what the consequences could be for violating or not violating traffic laws. Furthermore, the court will ask questions that only an experienced Pittsburgh criminal lawyer can defend you against. The court has standards based on the interest of justice. Therefore, you need to prove you have a good reason for changing the plea.
Incidents/Examples That Negate a Ticket/Citation
Malfunctioning Camera or Speed Radar
The police use radar guns or speed cameras to catch traffic violations. However, these devices can malfunction due to environmental factors, inaccurate calibration, or usual wear and tear.
A lawyer can request the radar gun or speed camera’s maintenance record to support the motion to withdraw. The records may confirm that the device malfunctioned recently or needs recalibration. The motion to withdraw becomes easier when such discrepancies are present.
Defective Traffic Light
Traffic lights might malfunction as well. For example, if the red switches too fast while you’re driving, it’s not your fault if you ran it. In this case, your Pittsburgh criminal lawyer will look for camera footage or eyewitness accounts to support your defense.
Damaged or Obstructed Stop Sign
An overgrown tree or bush might obscure the stop sign. You fail to notice it. So, now you have probable cause to file a motion. You can now withdraw your guilty plea by proving how the stop sign was damaged or obscured.
Mistaken Identity
If someone else was driving your vehicle when the traffic violation occurred, you can claim mistaken identity. This is a common occurrence when more than one person uses a vehicle. You need to provide proof or an alibi to withdraw the guilty plea. You need to corroborate evidence that you weren’t driving during the time of the traffic violation.
Emergencies
If you’re rushing to a hospital for an emergency or to seek immediate medical help, you need to show proof. An emergency can also occur if you have to swerve at high speed to prevent striking a cyclist or hitting a pedestrian who turned in front of your car.
The withdrawal of a guilty plea can be confusing and complicated. That’s why you need to hire a Pittsburgh criminal lawyer who deals with traffic tickets often.
An experienced lawyer can successfully handle your case. Contact the Logue Law Group at sean@seanloguelaw.com to schedule a consultation.