Phil. Cnty. Pa. 1032

As amended through December 18, 2021
Rule 1032 - Pleas In Response To Citation. Failure To Timely Plea Or Pay The Requisite Collateral
(a)General Rule. A defendant must enter a plea within ten days after issuance of the citation as required by Pa.R.Crim. P. 407 regardless of whether the citation issued to the defendant contains a summary trial hearing date.
(b)Not Guilty Plea. The defendant may plead not guilty in person at the Traffic Division, on-line through the Court's website, www.courts.phila.gov (click the "Municipal Court Traffic Division" link under the section entitled "Courts of the District"), through the Court's IVR (Interactive Voice Response system), or by mail by following the instructions contained on the back of the citation. The summary trial will be held on the date assigned pursuant to Local Rule 1031. No additional Notice of Trial shall be required to advise the defendant of the summary trial date unless the summary trial scheduled pursuant to Local Rule 1031 is rescheduled by the Philadelphia Municipal Court Traffic Division.
(c)Guilty Plea.
(1) Except as provided in paragraph (c)(2), the defendant may plead guilty in person at the Traffic Division, on-line through the Court's website, www.courts.phila.gov (click the "Municipal Court Traffic Division" link under the section entitled "Courts of the District"), through the Court's IVR (Interactive Voice Response system),or by mail by following the instructions contained on the back of the citation.
(2) If the defendant has been cited for violation of 75 Pa.C.S. § 1543(B), and other violations which require the imposition of a prison sentence upon a guilty plea or adjudication, the defendant may not plead guilty by mail or electronically, and the summary trial will be held as scheduled, unless it is rescheduled by the Court.
(3) Any notice which reschedules a summary trial shall be mailed to the defendant, by first class mail, at the Defendant's last known address. A bench warrant shall be issued if the defendant fails to appear for the summary trial.
(d)Failure to Timely Plea or Post the Requisite Collateral. As required by Pa.R.Crim.P. 430, a warrant for the arrest of a defendant shall be issued if a defendant fails to enter a plea within ten days after the issuance of a citation. Moreover, the defendant's operating privileges may be suspended pursuant to 75 Pa.C.S. § 1533, and a late fee will be assessed if the defendant fails to file a plea within ten days after issuance of the citation. A written notice of suspension, issuance of arrest warrant, or imposition of late fee shall be sent to the defendant, by first class mail, at the defendant's last known address.

Phil. Cnty. Pa. 1032

Adopted December 21, 2005, effective on2/1/2006; amended on May 8, 2014; effective 6/23/2014.

COMMENT: Notices mailed to a defendant shall be mailed to the defendant's most current address available to the Traffic Division. The most current address may be the address on record with the Pennsylvania Department of Transportation, or the address the defendant provided to the law enforcement officer at the time the citation was issued, or the address the defendant has provided to the Traffic Division, whichever is later.