Subpoenaed After Paying a Ticket for a Rear-End Crash in Pennsylvania
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed April 2024
Legal Inquiry
Consumer Legal Issue
Two weeks ago I rear-ended someone, and we were both found at fault and charged. I was charged with driving at an unsafe speed. I pleaded guilty, paid the fine, and got two points on my license. Today I received a paper saying I have been subpoenaed to court.
Attorney Answer
A subpoena is not a new charge, and it is not a lawsuit against you. It is an order to appear, usually as a witness. And the guilty plea you already entered cannot be used against you in any civil case over this crash. Pennsylvania law says so directly.
Start with the paper itself. A subpoena names a case at the top (the caption), a court, and a date and time. Read the caption first. Since both drivers were charged, the most common reason for a subpoena like this is that the other driver contested their own citation, and the hearing needs the people who were there. If the caption names you as the defendant, or describes a civil claim, that is a different situation, and it goes to a lawyer and to your insurer the same day.
Your plea stays out of any civil case. This is the worry behind most questions like yours, and Pennsylvania settled it by statute. 42 Pa.C.S. § 6142(a):
A plea of guilty or nolo contendere, or a payment of the fine and costs prescribed after any such plea, in any summary proceeding made by any person charged with a violation of Title 75 (relating to vehicles) shall not be admissible as evidence in any civil matter arising out of the same violation or under the same facts or circumstances.
So if the other driver later sues over the crash, your guilty plea and the fine you paid cannot be offered as evidence that you were at fault. The one exception, § 6142(b), is for license-suspension and similar administrative proceedings. That is why the two points still count.
What you pleaded to. The charge was 75 Pa.C.S. § 3361, Pennsylvania's basic speed rule:
No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, nor at a speed greater than will permit the driver to bring his vehicle to a stop within the assured clear distance ahead.
What you can do
1. Read the caption, court, date and time on the subpoena, and put the date on your calendar.
2. Appear as directed. If the date is impossible, contact the office or attorney that issued the subpoena before the date, not after.
3. If the subpoena relates to a civil claim, or you are named as a party, send a copy to your auto insurer right away.
4. Keep your citation, your plea paperwork and the receipt for the fine together.
5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Pennsylvania attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.
⏱ Time limits apply. The date on the subpoena is the one that matters now, and ignoring a subpoena can bring consequences from the court that issued it. Separately, the other driver has two years from the crash to bring an injury claim under 42 Pa.C.S. § 5524, which covers “An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.”
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Frequently Asked Questions
Can a guilty plea to a traffic ticket be used in a Pennsylvania civil case?
No. Under 42 Pa.C.S. § 6142(a), a plea of guilty or nolo contendere, or payment of the fine and costs after such a plea, in a summary proceeding for a Vehicle Code violation is not admissible as evidence in any civil matter arising out of the same violation or the same facts or circumstances.
Does a subpoena mean you are being sued?
Not by itself. A subpoena is an order to appear, commonly as a witness, in the case named on its caption; a lawsuit against a person begins with papers naming that person as a party.
Does a guilty plea to a Pennsylvania traffic ticket still count against the driver's license?
Yes. 42 Pa.C.S. § 6142(b) makes the civil-evidence rule inapplicable to proceedings involving the suspension of operating privileges, so the plea still counts for licensing purposes.