Your driver just received an overweight citation. Here are four things you should think about.
First, find out from your driver how the vehicle was weighed. I recently handled a case where the officer who weighed the vehicle improperly included the weight of a tree chipper that was attached to the truck. An attorney can provide assistance with determining whether or not the vehicle was weighed in accordance with the requirements in the vehicle code.
Second, determine which section of the vehicle code your driver was cited under. Different vehicle code sections will have different elements to prove. Also, a violation under certain vehicle code sections will automatically double the fine.
Third, make sure that the fine amount was calculated correctly. Several of the overweight citations I have handled included a fine that was not properly calculated, including instances when a fine was improperly doubled. 75 Pa.C.S.A. §4945 provides the formula for calculating the fine of an overweight citation.
Fourth, if you are going to take a hearing, consider retaining an attorney to handle the hearing. At a hearing, an attorney can ensure that if the officer does not prove all of the necessary facts for its case judgment will be entered for the defendant.