What is Title 75?
Title 75 contains the Pennsylvania Motor Vehicle Code, which touches on all statutory laws enacted by the Pennsylvania legislature. Although Title 75 contains penalty provisions, there are also collateral consequences that may arise from violation of or noncompliance with Title 75 laws. A conviction for certain offenses under Title 75 can carry damaging consequences not located directly within Title 75, but which arise from other titles of the Pennsylvania and United States statutory law books. A person accused of violating Pennsylvania's Vehicle Code may face fines, a license suspension or license revocation, loss of the right to carry or own firearms, a permanent criminal record, loss of federal benefits, deportation or removal in immigration proceedings, and loss of a commercial driver's license. If the person is a practicing professional in certain career areas the person also may be in danger of having their license to practice affected.
No Title 75 violation, including a simple speeding ticket, should be handled alone. The advice of a knowledgeable and experienced attorney should be sought before any decisions are made.
At MPL you will not only find a lawyer who knows Title 75 law, but you will also find a lawyer who can tell you about the possible collateral damage that could emanate from a Title 75 conviction. You will also find a lawyer who can represent you properly in court - including the courts in the minor judiciary, the courts of common pleas, the Pennsylvania appeals courts, and the United States Supreme Court.
You may need representation before the Department of Transportation (driver's license/CDL); United States Government (gun rights/gun permits/hunting, federal record expungement, immigration proceedings); Pennsylvania State Police (expungement of charges and/or convictions; gun permits/licenses); and local sheriffs' departments (gun licenses/permits). Our firm can provide the representation you need.
What can I be charged with under the Motor Vehicle Code?
There are numerous offenses of Pennsylvania's traffic law that can be prosecuted under the Motor Vehicle Code. Although not exhaustive, the charges that can be brought include:
Driving under the influence
Driving under the influence of drugs
Driving under the influence of alcohol and/or drugs
Permitting violation of title (i.e. letting someone else who is under
the influence of alcohol and/or drugs drive)
Homicide by vehicle while DUI
Third degree murder (charges brought under Title 18 for violating
Title 75)
Voluntary manslaughter (charges brought under Title 18 for
violating Title 75)
Involuntary manslaughter (charges brought under Title 18 for
violating Title 75)
Reckless driving
Accidents involving damage to attended or unattended vehicles
Accidents involving injuries (serious or not serious)
Failure to render information and/or aid at the scene of an accident
Driving under suspension (DUI related)
Driving under suspension (not related to DUI)
Driving without a license
Driving when operating privileges are revoked
Driving when license is suspended and/or revoked in another state
Driving at safe speeds
Careless driving
Stop sign violations
Illegal school bus passing
Illegal railroad track passing
Illegal driving in a work zone
Drug Act violations (prosecuted under Title 35)
Juvenile offenses affected by the Vehicle Code:
Underage drinking (prosecuted under Title 18)
Terroristic threats on school property
Junior license violations
What are the possible penalties under Title 75?
Points: Most moving violations under the Pennsylvania Vehicle Code carry points, which are assessed under a system enforced by the Pennsylvania Department of Transportation. Once points reach a certain level a motorist may face sanctions - including an additional driving test, follow-up education, and/or suspension of operating privileges. Furthermore, the sanctions can become more severe if the points threshold is passed on more than one occasion.
Even if you believe you are guilty of a particular moving violation, it is often possible to negotiate a fair disposition to which the judge, the police officer and you may agree, thereby putting you in a better position that you would have been in had you just paid your traffic ticket and pleaded guilty.
Even if you intend to plead guilty, it is best to know all of your rights and all possiable repercussions that may come out of your decision. A paid consultation alone, without further representation, may save you aggravation and heartache later down the road.
Call today and set up an appointment for a paid consultation with an experienced, knowledgeable and skilled attorney.
Suspension of operating privileges: Many traffic offenses under the Motor Vehicle Code, either by themselves, or taken together with other offenses and/or previous driving related convictions can result in lengthy license suspensions, which can have a devastating impact on a person's job and lifestyle.
Sometimes, a plea to a non-traffic related offense, such as possession of drugs, or underage drinking, can lead an unwary person to a collateral license suspension, which is only discovered after the person has been convicted and sentenced.
Before any decisions are made about your case, seek the advice of an attorney who knows Title 75 and the collateral consequences that may result from a criminal offense that is found somewhere else in the Pennsylvania laws - such as Title 18 or Title 35.
Call us today for a paid consultation.
Revocation of operating privileges: Sometimes a plea to a particular criminal offense, whether under the Vehicle Code or under another law of the United States or State of Pennsylvania, can lead to a revocation of driving privileges, which is more severe and longer than any particular suspension.
A person who is not familiar with all aspects of state and federal law, and those laws relating to Title 75, can face a lengthy revocation of the privilege to drive in Pennsylvania and not even be aware of it.
Before you make any decisions in your particular case consult an attorney who can advise you about what, if any, impact a conviction for your charges will have under Title 75.
Gun rights: Pennsylvania's Motor Vehicle Code contains vehicular offenses, the conviction of which could lead to a loss of a person's right to carry or even own a firearm. Additionally, the Motor Vehicle Code may have an impact on offenses that are not even charged under Title 75. Some of these offenses carry penalty provisions under the Motor Vehicle Code that could affect a person's driver's license, but that could also affect a person's right to carry a concealed firearm or to keep guns in the home and use them for protection, hunting and other reasons.
As a civilian who drives in the State of Pennsylvania it is probable that you do not know about all the possible land mines that might be waiting for you as you dispose of your charges.
The United States Government has also enacted laws that could directly affect your ability to possess or carry a firearm should you be convicted of certain offenses under the Pennsylvania Motor Vehicle Code.
If you have been cited under Title 75 of the Motor Vehicle Code, call us today for a paid consultation. If you have been cited under another criminal statute, either federal or state, and a conviction under the statute might be directly or indirectly affected by Title 75, we can also help you with representation related to your gun rights.
What are the collateral consequences that may arise under Title 75?
If you are cited for an offense under Title 75, you need to know that there is a lot more that could be involved, other than pleading guilty, being found guilty, or being found not guilty. There are collateral consequences that may come out of a conviction for a traffic offense about which you may not be aware. There are also collateral consequences under the Motor Vehicle Code for convictions of offenses that do not even appear in the Motor Vehicle Code.
Find out all of the possible collateral consequences by meeting with a knowledgeable, experienced and skilled attorney.
Are there alternate dispositions available?
There are many dispositions available for Title 75 offenses and you may be elifible for one or more of these dispositions. Alternative dispositions include ARD, occupational limited license, probationary license, and reducing or changing the charges to prevent an unfair result (such as loss of gun rights, operating privileges, CDL, or ability to stay in the United States, disqualification of receipt of scholarships, loans or grants, and unnecessary incarceration). Similarly, juveniles, and persons with junior licenses, may be able to avoid serious consequences under the juvenile law, and Title 75, by entering into programs such as juvenile ARD, consent decrees, and child victim impact panels. There are also special programs available in many of the counties of Pennsylvania to help those with mental health problems and substance abuse issues. They include mental health court, drug court and DUI court.
Before any decisions are made about your case, you should make arrangements to meet with a knowledgeable, experienced and skilled attorney at your earliest opportunity to carefully review all possible options.
Can I get my record expunged?
An expungement is the removal of a record, such as a criminal record or a driving record, that puts the person back into the spot they were in before they were ever charged - a person with no criminal record or driving record as to those charges. Depending on the county in which the charges or citations arose, you may have a right to have your record automatically expunged. On the other hand, you may have to take steps yourself to make sure your record is expunged. Also, clerks and officers, both in the courts of common pleas and the Department of Transportation, sometimes make mistakes. As a result you may have a criminal record or a driving record without even knowing it. Furthermore, even if you are aware of your record, you may not know how to clear it from the record book.
Sometimes your Pennsylvania record is cleared by way of expungement, but your record in the United States Department of Justice is not cleared. You can take steps to have your federal record expunged as well. Keep in mind that you may have a federal record, even though the Title 75 offense of which you are convicted has been expunged.
Please call us an arrange for a paid consultation to find out if your record has been expunged or can be expunged.
Can my conviction be commuted or pardoned?
Even though you may not be eligible to have your record expunged, you may be able to have your previously imposed sentence commuted or pardoned. Furthermore, a pardon could lead to the eventual expungement of your criminal record and, therefore, put you in the same position you were in before you were ever charged and convicted.
Our lawyers can help you pursue a commutation or pardon in the State of Pennsylvania and in the United States Government.
