How to find the forms to file a nunc pro tumc for a motor vehicle violation.

Asked over 1 year ago - East Stroudsburg, PA

this is in monroe county pa

Attorney answers (2)

  1. Eric D. Strand

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . The exact procedures differ from county to county, so you will need to review the local rules. Summary apeals from MV violations are handled through the Clerk of Courts office of the Court of Common Pleas in the county in which you were convicted of the violation. You have to file a petition or motion asking the court for leave to file a Notice of Appeal nunc pro tunc. The 30-day appeal period has passed, so in the nunc pro tunc petition you are asking the court of common pleas to allow you to file a Notice of Appeal late. If there is a form it would be available in the Clerk of Courts Office. There is a form for filing a Notice of Appeal from a MV violation, available from the Clerk of Court. However, you first must file the petition for permission to appeal and obtain a hearing date before a judge of court of common pleas. If the judge grants your petition, the judge will enter an order permitting you to file the appeal nunc pro tunc. I would recommend consulting an attorney to make sure the correct procedure is followed and to review the facts of your case to determine whether your case meets the standard for a nunc pro tunc appeal, which are not often granted. You must be able to prove there was a breakdown in the court system, or other extraordinary circumstances, that prevented you from filing a timely appeal. Good luck.

  2. Timothy Patrick Brennan

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . You should definately speak with an attorney ,I assume you are ultimately trying to resolve a driver licensing issues. These issues can get very tricky with the coordinate criminal and civil jurisdictions. I worked for PennDOT's driver licensing legal unit and have seen many of these cases and small errors or innocent mistake can have large consequences. There may be forms on line somewhere, but you should really have an attorney handle such a petition.

    Timothy P. Brennan, Esq.
    Brennan Law Offices
    2030 Tilghman Street, Suite 203
    Allentown, PA 18104
    tim@brennanoffices.com
    1-877-927-5846
    www.brennanoffices.com

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the States of Pennsylvania and New Jersey. Responses are based solely on Pennsylvania law unless stated otherwise.

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