Careless Driving in Pennsylvania, But I Wasn't Driving At The Time

[Mazzie]

Last nite I went to a wedding reception with my girlfriend. I had a few drinks and she had quite a few. On the way home from the reception she started getting sick in the car. I pulled over on the side of the road, she opened the car door and started throwing up on the side of the road. A police officer happened to pass by going the opposite direction and saw us on the side of the road. He asked if everything was okay and then stopped and asked to see my liscense. He asked me if I had been drinking and I replied yes but only had 2 drinks. He then made me take a breath test which registered 0.7 He told me he was issueing me a ticket for careless driving instead of giving me a DUI. Since the limit is 0.8 in Penna, I don't understand how I could get arrested for a DUI? He told me he was letting me off easy when I wasn't even driving when he stopped. What can I do? I've never had a DUI and the only ticket I ever had was for failing to stop at a stop sign. (which I did but not long enough) I have a fine of $150 to pay. Should I fight this or just pay it and take the charges? I'm not even sure how I get a lawyer? or if I can afford one.

[Mr. Knowitall]

I suspect he gave you a careless not so much because he wanted to give you a break, but because he hadn't seen you driving and would have had a hard time making a DUI stick.

The careless driving statute provides, "Any person who drives a vehicle in careless disregard for the safety of persons or property is guilty of careless driving, a summary offense." I don't know if he can prove that, but he has to know that there is a cost (time and possibly attorney fees) in contesting the charge. He might try to argue, for example, that the manner in which you had stopped by the side of the road posed a danger to other motorists.