I was recently given a citation for a non-moving violation, PA 75 3701 A, Stand Unattended, while delivering for a restaurant. While I had never heard of this law (ignorance is not an excuse) or its enforcement, I decided to take it to trial in hopes that the judge would cut me a break since the ticket would cost me more than a nights pay (even though the fine is only $5 it totals to $90 something). And since I have a perfectly clean driving record. Two hours prior to the trial date I received a phone call saying that the officer had just called and been granted an 'emergency continuance' based on the grounds of a death in the family. On a hunch I called the borough that day to try and get in touch with the officer and actually had a short conversation with him as he worked his shift (which began a few hours after the trial time). To me, an officer showing up to court as a witness/plaintiff is part of his daily duties, and if he needs to miss said duties for a death in the family it seems odd that he can make his shift just a few short hours later, actually shrugging off my condolences at the start of the conversation with him. Which brings me to my question for you all, since this will be my first trial and I am very inexperienced.
Is the fact that he was at his regular shift mere hours later proof enough that his request for an emergency continuation due to a death in the family was falsified? Would I not have to actually find out who supposedly "died" and then prove they didn't, to prove this? His duty to appear as a witness is part of his regular job. If he did not appear, can I ask the court why and tell it he was working later that day?
My question is, is there any precedent to using this to get a case thrown out, or to bring into question the integrity/believability of the officer? If so how exactly do I go about bringing it up at the trial? And finally, am I better off going in with my original plan of admitting guilt and asking for leniency based on the fact that I was working, had secured my car (locked it), and have a clean driving record, or using this approach instead?
Thank you for any advice in advance.
Is the fact that he was at his regular shift mere hours later proof enough that his request for an emergency continuation due to a death in the family was falsified? Would I not have to actually find out who supposedly "died" and then prove they didn't, to prove this? His duty to appear as a witness is part of his regular job. If he did not appear, can I ask the court why and tell it he was working later that day?
My question is, is there any precedent to using this to get a case thrown out, or to bring into question the integrity/believability of the officer? If so how exactly do I go about bringing it up at the trial? And finally, am I better off going in with my original plan of admitting guilt and asking for leniency based on the fact that I was working, had secured my car (locked it), and have a clean driving record, or using this approach instead?
Thank you for any advice in advance.