§ 6305. Arrest of nonresident.
(a) General rule.--Upon arrest of a nonresident for any violation of this title, a police officer shall
escort the defendant to the appropriate issuing authority for a hearing, posting of
bond or payment of the applicable fine and costs, unless the defendant chooses to
place the amount of the applicable fine (or the maximum fine in the case of a variable
fine) and costs in a stamped envelope addressed to the appropriate issuing authority
and mails the envelope in the presence of the police officer.
(b) Procedure upon payment by mail.--If the defendant mails the amount of the fine prescribed in subsection (a), the defendant
shall indicate on an accompanying form whether the payment constitutes a fine based
on a plea of guilty or a bond for a hearing based on a plea of not guilty. If the
plea is not guilty, the police officer shall notify the issuing authority by telephone
and the issuing authority shall schedule a hearing for the following day (excluding
Saturdays, Sundays and legal holidays), unless the defendant requests a continuance,
in which case a hearing shall be scheduled to accommodate the defendant, the police
officer and the issuing authority.
(c) Form of payment.--The amount of the fine and costs may be paid in cash, personal or other check, credit
card or guaranteed arrest bond, except that the Administrative Office of Pennsylvania
Courts may enlarge or restrict the types of payment which may be made by mail.
(d) Receipt for payment.--Except as otherwise provided or prescribed by law, the police officer shall give the
defendant a receipt for the payment, a copy of which shall be mailed with the payment
and a copy retained by the police officer.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 amended subsecs. (c) and (d).
Notes of Decisions
Cited in
6
cases (
4 in the last 5 years), 1986–2023 · leading case:
Commonwealth v. Leet, 585 A.2d 1033 (Pa. Super. Ct. 1991).
Commonwealth v. Leet, 585 A.2d 1033 (Pa. Super. Ct. 1991).
· cites it 2× “§ 4981 (authorizing police officers to require driver of any vehicle to stop and submit vehicle to be measured and weighed); 75 Pa.C.S. § 6305 (procedure *495 which police officers follow in arresting non-resident); 75 Pa.”
Commonwealth v. Henry, 517 A.2d 559 (Pa. 1986).
· cites it 2× “After a citation had been issued, Henry offered to pay the fine in the manner permitted by 75 Pa.C.S. § 6305. Henry exited his vehicle, walked around to the right rear door and retrieved a metal box from the rear floor of the car.”
Watley v. Commonwealth Of Pennsylvania (M.D. Penn. 2021).
· cites it 3× “Watley challenged 75 Pa. Cons. Stat. Ann. § 6305, which deals with arrests of nonresidents for violations of the Pennsylvania Motor Vehicle Code, contending that it “treats citizens from other states differently in connection with the issuance of traffic citations and their…”
Joseph Watley v. Commonwealth of Pennsylvania (3rd Cir. 2022).
· cites it 2× “He was arrested and held overnight in jail pursuant to 75 Pa. Cons. Stat. § 6305 , which permits the arrest of a nonresident for violations of Pennsylvania’s Vehicle Code unless the nonresident pays the applicable fine and complies with other procedural requirements.”
Watley v. Commonwealth Of Pennsylvania (M.D. Penn. 2021).
· cites it 2× “Watley challenges 75 Pa. Cons. Stat. Ann. § 6305, which deals with arrests of nonresidents for violations of the Pennsylvania Motor Vehicle Code, contending that it “treats citizens from other states differently in connection with the issuance of traffic citations and their…”
Fiddemon v. Maholik (M.D. Penn. 2023).
“Officer Wozniak explained that the reason they needed to 2 See 75 Pa.C.S. §6305(a) (“Upon arrest of a nonresident for any violation of this title, a police officer shall escort the defendant to the appropriate issuing authority for a hearing .”
— 75 Pa. Cons. Stat. § 6305(a) — 3 cases
Watley v. Commonwealth Of Pennsylvania (M.D. Penn. 2021).
“Watley challenges 75 Pa. Cons. Stat. Ann. § 6305, which deals with arrests of nonresidents for violations of the Pennsylvania Motor Vehicle Code, contending that it “treats citizens from other states differently in connection with the issuance of traffic citations and their…”
Watley v. Commonwealth Of Pennsylvania (M.D. Penn. 2021).
“Watley challenged 75 Pa. Cons. Stat. Ann. § 6305, which deals with arrests of nonresidents for violations of the Pennsylvania Motor Vehicle Code, contending that it “treats citizens from other states differently in connection with the issuance of traffic citations and their…”
Fiddemon v. Maholik (M.D. Penn. 2023).
“Officer Wozniak explained that the reason they needed to 2 See 75 Pa.C.S. §6305(a) (“Upon arrest of a nonresident for any violation of this title, a police officer shall escort the defendant to the appropriate issuing authority for a hearing .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.