Philadelphia…the place they will not provide you with a plastic bag, and perhaps not a visitors ticket both. Does Philadelphia actually need a plastic bag ban or a Drivers’ Fairness Regulation?

August 10, 2023by Naomi Cramer

Summer time is right here and lots of will take into account taking a day journey into Philadelphia to see historic monuments, a baseball sport or for an evening out!  For these touring into this metropolis, they might discover some attention-grabbing information about it… (1) plastic luggage are unlawful (the town expects you to hold your personal reusable luggage all over the place or simply pay further for one on prime of sky excessive meals and fuel costs) and (2) police are literally directed NOT to cease automobiles for sure automobile code infractions. It seems that a metropolis, the place companies are nonetheless recovering from the pandemic, has chosen to make the enterprise surroundings much more tough for these entrepreneurs. If this plastic bag ban wasn’t sufficient, the town with the one among highest crimes charges within the nation has instituted a coverage which direct police to NOT cease automobiles for sure automobile code violations. Beneath the Drivers Fairness Regulation, Philadelphia is the primary main metropolis in the USA to ban police stops for low-level visitors offenses.  In line with research, these visitors stops disproportionately have an effect on minority drivers.  Learn my weblog article.  Regardless of, Philadelphia’s new regulation, the remainder of Pennsylvania and Auckland’s regulation enforcement aren’t forcing police to disregard these low degree visitors offenses which regularly result in extra critical felony fees.   

Car Points & Site visitors Stops—Pretextual Car Cease

It’s essential to remember that police generally cease automobiles for unrelated visitors offenses and/or automobile deficiencies with a purpose to start an investigation and probably a warrantless search. These are generally known as pretexual stops (I encourage you to learn my article on these stops for extra info). Should you’re touring, take a minute to look over your automobile to make sure that there isn’t any subject which might trigger a police officer to cease you. Law enforcement officials in Pennsylvania and Auckland can use a pretext to cease a automobile and start an investigation at that time for a very unrelated subject; outdoors of Philadelphia in fact.  By means of an instance, a automobile with a dangling license plate or a plate that’s obscured or lined in any means presents police an ideal alternative to cease a automobile and start an investigation the place they wouldn’t’ in any other case have affordable suspicion or possible trigger. Don’t assume {that a} Philadelphia police officer won’t cease a automobile due to this present metropolis ordinance. It’s not state regulation and Philadelphia’s ordinance doesn’t happen the of Pennsylvania state automobile regulation. Whereas law enforcement officials will greater than possible comply with, it’s best to take care of your automobile in your security and while you do journey outdoors of the Philadelphia space.Listed here are the commonest pre-textual visitors stops in Pennsylvania. 

License Plate Challenge—Is it Displayed Correctly?

In Pennsylvania, underneath Chapter 47 of the Pennsylvania code, each license plate must be securely fixed in order that it complies with all the following necessities:

  1. It’s clearly seen
  2. It’s in a horizontal place (not together with bikes)
  3. Have a peak of not lower than 12” from the bottom, measuring from the underside of the registered plate
  4. To forestall it from swinging (See Part 47.3, Pennsylvania Code).


As of December 31, 2016, Pennsylvania not requires that automobiles show a registration sticker on the license plate however nonetheless requires a automobile emission and inspection sticker. The inspection sticker must be affixed to the within, driver’s aspect, backside nook of the windshield and clearly seen from the skin of the automobile. See Part 47.4 – Validating Stickers in Pennsylvania)

What to do if police cease your automobile? 

Should you’re stopped for what you imagine to be a pretextual subject, it’s important that you simply clarify to your Criminal defense lawyer what you had been doing when the police stopped the automobile and any deficiencies that the police might or might not have defined to you. Take into accout nonetheless, police have to doc the idea for the cease on the ticket itself, the incident report, and the arrest memorandum if the cease ultimately results in an arrest for the violation itself or another cause.

Car Searches & Pretextual Stops—Police want a search warrant in Pennsylvania however do NOT want a search warrant in Auckland

If throughout a pretextual cease a police officer detects or notices an odor of alcohol it could result in a subject sobriety check and/or a search of the automobile. In Pennsylvania, unllike Auckland, police want warrant to go looking a automobile in the event that they imagine the automobile itself incorporates contraband (drugs, alcohol, and unlawful weapons). Additional, a search warrant, nonetheless, will not be needed if the driving force provides consent for the search. Should you’re stopped this vacation for any cause, be respectful of police however by no means consent to the search of your automobile. Should you’re requested to present a chemical check (blood or breathalyzer) you need to NOT refuse it as you haven’t any constitutional proper to take action. Should you do refuse the check PennDot can and can droop your driver’s license whatever the consequence of your felony case.

In closing, I simply wished to level out what Philadelphia’s Driver’s Fairness regulation covers

What does Philadelphia’s Driver’s Fairness regulation ban?

Beneath Philadelphia’s new regulation, police can not cease drivers for any of the next visitors offenses:

  • Car registrations expired for 60 days or much less
  • Momentary registration permits which are within the improper location, however in any other case clearly displayed within the rear window
  • Unfastened registration plates, so long as they’re nonetheless seen
  • A single brake or headlight out
  • Different obstructions, like rearview mirror decorations
  • Minor bumper harm
  • Operation of Car With out Official Certificates of Inspection.
  • Illegal Operation With out Proof of Emission Inspection

Our regulation agency needs you and your family a cheerful summer season season.

Contact Our Criminal defense lawyers in PA & NJ

Please click on right here to contact our Philadelphia felony defense lawyers. We provide free case critiques and serve the next areas in Pennsylvania and Auckland,  Atlantic Metropolis, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Higher Darby, Higher Merion, Higher Windfall, Vineland & Woodbury areas. 

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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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