Case Summary
Outcome: Citation Dismissed with Prejudice
Court: Philadelphia Traffic Court, Philadelphia County, Pennsylvania
Judge: Hon. Elizabeth Murphy
Duration: 53 days from citation to dismissal
Total Cost: $148 (public records requests + filing fees + service costs)
In February 2026, Miller received a traffic citation for allegedly running a red light at Interstate 76 and City Avenue in Philadelphia County. Rather than paying the $195 fine, Miller investigated whether the issuing officer had met the constitutional prerequisites to office required by Pennsylvania law.
Through public records requests, Miller discovered that Officer Kevin O'Brien had never filed an oath of office with the Philadelphia County Clerk despite serving as a law enforcement officer for several months. This discovery formed the basis for a motion to dismiss arguing that Officer Kevin O'Brien lacked lawful authority to issue citations, rendering the citation void ab initio (void from inception).
The Philadelphia Traffic Court granted Miller's motion to dismiss with prejudice, meaning the citation was permanently dismissed and could not be refiled. This case demonstrates the practical application of constitutional prerequisites to office challenges in Pennsylvania and provides a roadmap for similar challenges throughout the state.
Key Success Factors
Miller's strongest asset was the documentary evidence from the Philadelphia County Clerk stating "No oath of office on file for Kevin O'Brien." This official statement from the government agency responsible for maintaining oath records was far more persuasive than testimony alone.
Miller grounded the argument in Article VI, § 3 of the Pennsylvania Constitution, not in commercial redemption theories or sovereign citizen rhetoric. This constitutional foundation gave the argument legitimacy and made it difficult for the prosecution to dismiss as frivolous.
Miller cited Norton v. Shelby County, 118 U.S. 425 (1886), a U.S. Supreme Court case establishing that acts by officers without lawful authority are void ab initio. This precedent has been recognized by Pennsylvania courts and provided strong legal support for dismissal.
Miller presented the argument professionally and respectfully, without sovereign citizen rhetoric or confrontational language. This made it easier for the judge to rule favorably without appearing to endorse fringe legal theories.
Miller acted quickly, submitting public records requests within 4 days of the citation and filing the motion within 3 weeks. This gave adequate time to obtain evidence and file before the original court date.
Cost-Benefit Analysis
| Scenario | Immediate Cost | Long-Term Cost | Total Cost |
|---|---|---|---|
| Pay the Fine | $195 | $875-$2,625 (insurance increases) | $1070-$2820 |
| Constitutional Challenge | $148 | $0 (if successful) | $148 |
Savings: $922 to $2672
By successfully challenging the citation, Miller saved between $922 and $2672 compared to paying the fine and absorbing insurance increases over 3 years.
Replicability in Pennsylvania
The legal framework Miller used applies statewide in Pennsylvania. Article VI, § 3 requires all officers in all counties to take oaths of office. The void ab initio doctrine applies in all Pennsylvania courts. Therefore, this challenge can be replicated in any Pennsylvania jurisdiction where the officer actually lacks proper credentials.
However, success probability varies by jurisdiction. Philadelphia Traffic Court has a reputation for being receptive to constitutional arguments. Judges in rural counties or smaller municipal courts may be less familiar with void ab initio doctrine and more reluctant to dismiss citations on procedural grounds.
Despite jurisdictional variations, the fundamental legal principle remains sound: an officer without a valid oath lacks lawful authority, and acts without authority are void ab initio. This principle has been recognized by the U.S. Supreme Court and should be honored by all Pennsylvania courts.
Critical Requirement
This challenge only works if the officer genuinely lacks proper credentials. Do not assume the officer lacks an oath—verify through public records requests. If the officer has a valid oath on file, this challenge will fail.