(DOWNLOAD) "Walker v. Lawrence Township" by Pennsylvania Commonwealth Court " Book PDF Kindle ePub Free
eBook details
- Title: Walker v. Lawrence Township
- Author : Pennsylvania Commonwealth Court
- Release Date : January 25, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 84 KB
Description
Submitted: December 3, 2001 OPINION Herein, we have been asked to address whether the Court of Common Pleas of Clearfield County (common pleas court) properly sustained the preliminary objections filed on behalf of Lawrence Township, 1 and properly dismissed the complaint filed on behalf of James Walker. 2 The underlying action is one seeking mandamus, necessitating that appellants establish that they have a clear legal right to relief. Common pleas court determined that appellants presented no cognizable claim, and we have found no error in that decision, thus, the decision of common pleas court shall be affirmed. The facts are quite simple. Appellants were caught in a speed trap. All but Walker 3 pled guilty to the summary offense 4 generally referred to as speeding, which is a violation of Section 3362 of the Motor Vehicle Code, 75 Pa. C.S. 3362, relating to failure to obey the maximum speed limits. With James Walker being the exception, each person paid the requisite fine which action equates to the entry of a guilty plea. 5 A finding of guilt was entered upon the docket, whereupon the Department of Transportation assessed points against each individual's drivers' license. Subsequently, the Lawrence Township Police Department admitted that the speed trap had been improperly established. Appellants brought an action against the Township in the common pleas court seeking to recover the fines and costs they paid as a result of their guilty pleas, and to have their driving records cleared of the points assessed by the Department of Transportation.
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