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  1. #1
    Join Date
    Sep 2008
    Posts
    1

    Default Careless Driving on Private Property

    My question involves a traffic citation from the state of: PA

    I got a careless driving citation in PA for going through a parking lot "Defendant drove @ high rate of speed w/o headlights across parking stalls. Carless disregard for safety" I drove through parking spaces rather than the lanes and I forgot my headlights.. I was heading home from work and the parking lot was very well lit so I forgot to put them on (it was 9 at night). However I put my headlights on before reaching any public road. I was wondering if this was worth fighting because the parking lot was a grocery store parking lot.. would this make it private property and out of the police jurisdiction?

    Should I go to court?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,673

    Default Re: Careless Driving

    Quote Quoting 75 Pa.C.S.A. § 3101. Application of part
    (a) General rule.--Except as provided in subsection (b), the provisions of this part relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except where a different place is specifically referred to in a particular provision.

    (b) Serious traffic offenses.--The provisions of section 3345 (relating to meeting or overtaking school bus), Subchapter B of Chapter 37 (relating to serious traffic offenses) and Chapter 38 relating to driving after imbibing alcohol or utilizing drugs) shall apply upon highways and trafficways throughout this Commonwealth.
    The "reckless driving" statute falls under Subchapter B of Chapter 37, while "careless driving" falls under Subchapter A.
    Quote Quoting 75 Pa.C.S.A. § 3714. Careless driving
    (a) General rule.--Any person who drives a vehicle in careless disregard for the safety of persons or property is guilty of careless driving, a summary offense.

    (b) Unintentional death.--If the person who violates this section unintentionally causes the death of another person as a result of the violation, the person shall, upon conviction, be sentenced to pay a fine of $500.

    (c) Serious bodily injury.--If the person who violates this section unintentionally causes the serious bodily injury of another person as a result of the violation, the person shall, upon conviction, be sentenced to pay a fine of $250.

    (d) Definition.--As used in this section, "serious bodily injury" means any bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
    While I see authority that would treat a parking lot that is "open to the public" or "for public use" as a "trafficway", I have yet to spot anything that would make the careless driving statute apply. Granted, I may have missed something, or you could be referencing an ordinance citation as opposed to a citation under the statute. If this is an ordinance violation, you'll have to check the ordinances to see if it applies to private parking lots.

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