Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION
Part B - Philadelphia Municipal Court Traffic Division Procedures
Rule 1031 - Institution of Proceedings in Summary Traffic Cases
Universal Citation: 234 PA Code ยง 1031
Current through Register Vol. 54, No. 12, March 23, 2024
(A) Summary traffic cases in Philadelphia shall be instituted by:
(1) issuing a
citation to the defendant as provided in Rules 405-409;
(2) filing a citation with the Philadelphia
Municipal Court Traffic Division as provided in Rules 410-414; or
(3) arresting without a warrant when arrest
is specifically authorized by law as provided in Rules 440 and
441.
(B) When provided by local rule as an exception to the trial notice procedures in Rule 408(B), the law enforcement officer also shall give the defendant written notice of the date and time and location set for the summary trial when a citation is issued to the defendant as provided in Rule 405.
(1)
The trial notice shall include an explanation that if the defendant enters a
guilty plea and pays the fine and costs indicated on the citation within the
specified time, the summary trial will be cancelled.
(2) The trial notice also shall include
notice to the defendant that:
(a) failure to
appear for the trial shall constitute consent for the trial to be conducted in
the defendant's absence;
(b) if the
defendant is found guilty, the collateral deposited will be forfeited and
applied to payment of the fine, costs, and restitution; and
(c) The defendant will have the right to
appeal within 30 days for a trial de novo in the court of
common pleas.
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