Can my son be mailed a citation 10 days after an accident?

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Can my son be mailed a citation 10 days after an accident?

My son rear-ended a car. He was not drinking and did everything he was suppose to do (exchanged info, talked to the police, etc. He was not cited at that time and the police did not say anything to him about being cited. 10 days after the accident he received a letter from the District Judge with a citation and summons with a fine. Don’t they have to cite him on scene? Will this be a mark on his license?

Asked on September 13, 2010 under Accident Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What, may I ask, was he cited for? Following too closely? There is a presumption that in a hit in the rear case the party that did the hitting is guilty but that presumption can be rebutted in certain circumstances. Police officers have broad discretion in the issuance of citations and tickets at the scene and often afterwards.  But whether or not the citation is valid is another story.  You need to bring the police report and the citation to an auto accident attorney in Pennsylvania to review.  Do so immediately as the time to contest it runs quickly, I am sure.  What he is charged with will impact on how it effects his license. But it is a moving violation I am sure so expect something.  Good luck.  


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