Received citation for permitting a suspended driver to operate vehicle.

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Mike_D

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My jurisdiction is: PA

Hi...I'm hoping someone can tell me how to defend a PA Title 75, 1575(a) violation. The statute reads:

§ 1575. Permitting violation of title.
(a) General rule.--No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven in violation of any of the provisions of this title.
(b) Penalty.--Any person violating the provisions of subsection (a) is guilty of a summary offense and is subject to the same fine as the driver of the vehicle. If the driver is convicted under section 3735 (relating to homicide by vehicle while driving under influence) or 3802 (relating to driving under influence of alcohol or controlled substance), the person violating subsection (a) shall also be subject to suspension or revocation, as applicable, under sections 1532 (relating to revocation or suspension of operating privilege), 1542 (relating to revocation of habitual offender's license) and 3804(e) (relating to penalties).
(c) Indemnification.--In cases where a driver of a motor vehicle is required to conduct a pretrip safety inspection pursuant to department regulations and is subsequently convicted of one or more equipment violations under this title, the owner of the vehicle shall indemnify the driver for any fines and costs paid if the specific equipment violation was listed on the driver's pretrip inspection report and acknowledged in writing by the owner.
(May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004)

My brother's car was pulled over when my brother was a passenger in his own car. Apparently my brother had been out drinking or doing drugs and someone he was partying with needed a pack of cigarettes. My brother told that person he could drive his car and my brother went along for the ride. The driver didn't have a license due to a suspension but I don't know whether my brother knew that or not. My guess is he never asked. The police gave the driver a citation for driving on a suspended license. They then gave my brother a field sobriety test, which he failed, so they impounded his car because there was not a fit, licensed driver in the vehicle to operate it. Then the police gave my brother the above referenced citation. Does anyone have an idea on how I can help my brother defend this citation?

Thanks and best regards,

Mike D.
 
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