I've taken this exact fight to the Texas Criminal Court of Appeals. I've taken the civil side, suing a judge, a prosecutor, and a bunch of cops to the 5th Circuit Court of Appeals. I know this fight extremely well.
Being commercial ready is not an indication of being engaged in Transportation. Just because you have a CDL, for example, doesn't mean your hauling freight in your automobile on your way home from the grocery store. Having a license plate, a current registration, insurance, and a DL has nothing to do with actually being engaged in Transportation at the time of a traffic stop.
When you are pulled over for a traffic violation, you are under arrest. When you sign the ticket, on a promise to appear, that authorizes the arresting officer to release you from arrest.
Virtually every police department in the country has the policy, no DL, no registration, no insurance, (the trifecta of denying that you're engaged in transportation) you go to jail. It is a stated policy in Austin, Texas and Texas DPS.
As for Court. It is NOT a 1 day thing, unless you're pleading guilty. You first make an initial appearance to enter a plea. That's day 1. Then, you'll have a motions hearing to discuss and have ruled on, any motions made. That's day 2. Then, you'll have an evidentiary hearing to discuss what evidence will be allowed at trial. That's day 3. Then, you'll have your day in court. That's day 4, possibly a day 5. Yes. If the cop doesn't show you will likely win automatically, but the judge can order a continuance if the prosecution can show cause why the officer can't be present. Most municipalities have a policy requiring cops to show up, and if you got the ticket outside the hours of 8-5, the issuing officer will likely be getting 4 hours overtime (because he's has a later shift) minimum to show up as an incentive. It is very unlikely you'll win this way. Then, you'll either have a trial de novo or an Appeals hearing to start the Appeals process. That's day 6. Then, at each step of the Appeals process, if you request oral arguments, there is a potential for added days.
At Court, if you argue any merits of the case, you will have conceded that you are engaged in transportation and that the transportation codes apply, otherwise why the hell are you arguing merits? If the code doesn't apply to you, why would you try to explain why you violated the code to begin with?
If you find yourself explaining anything to the judge, and not the jury, you've admitted guilt and are pulling the "throwing yourself on the mercy of the court" bullshit, and the judge can do whatever he wants, from a dismissal because you sucked his dick to his satisfaction to ordering the max $200 fine per offense.
And finally, driving or operating a motor vehicle on the highways and byways of this State is a privilege. However, being at the controls of and traveling in a conveyance on the public's roads is a right. The privilege is regulated by the transportation code. The right is not regulated. If you understand the difference between the regulated privilege and the unregulated right, and you are not exercising the privilege, but rather exercising your right, and you have the time, money, and resources, you can fight the ticket and you can win, as I explained. If you don't understand the difference, do like you said, suck the judges dick, hope the cop doesn't show, and maybe you'll get a reduced fine or have your case dismissed.
The transportation code in virtually every state is patterned after NTSB recommendations and while there is nuance in the difference of language used, it's basically the same nation wide.
The Constitution of the Untied States, under the 6th amendment requires the state's provide a jury for all criminal charges and the 7th amendment requires a jury be availablefor all civil cases over $20. If PA doesn't provide for a jury for a transportation code violation, then take it up with the courts. You have the right to a jury.
No one suggested that signing a ticket meant guilt. In Texas, signing a ticket's promise to appear is the mechanism that allows the arresting officer to release you from arrest.
Requiring you to pay a fine before you get a judicial review and/or trial is absolutely unconstitutional. You cannot be charged with a crime and forced to pay the penalty prior to adjudication of the charges. That seems obvious, but again, if you PA fags are letting the government do that to its people, you're more cucked than a cracker letting his wife fuck niggers.
There is nothing in the law that requires an attorney to do anything that you can't do yourself, pro se. That would be yet another violation of due process for those who cannot afford an attorney, and in Texas, traffic citations do not afford you a free attorney if you cannot afford one, maybe PA does. No fucking idea.
If you have 2 cock sucking pigs sitting next to you, ask them what statutes govern the code of criminal (or civil) procedure is used in PA with regards to traffic stops and traffic enforcement. I would love to get a little reading done on shitheal states fucking their citizens in the ass.
For Texas, it's Section 543 of the Texas Stautes
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