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  1. #1
    Join Date
    May 2011
    Posts
    1

    Default Careless Driving Citation After Crossing Median to Turn Left

    My question involves a careless driving ticket from the State of Pennsylvania.

    Hi all, I'm in need of some advice. I'm not going to whine, or make excuses, and I'll recount what happened as truthfully as my memory will allow.

    This morning on the way out on my 20-mile commute into Philadelphia, I received a citation for careless driving. I was on my motorcycle heading out of my apartment complex. Seeing that both lanes were clear, took a left turn over the grass median instead of heading further down to make a u-turn, or further up to the uncontrolled intersection. The officer who witnessed this caught up with me a few lights down the road and waved me over. My license, tags, registration, insurance, and inspection are current, and after ten minutes or so, he handed me the citation and sent me on my way.

    The fine is in the amount of $80, and after some digging it looks like this a three-point violation. The points aren't particularly important to me - in the six years and 50,000 or so miles that I have been driving, this is the first time I've been cited for anything. However, I've seen it mentioned in a couple of places that the statute this citation is written under makes it a criminal offense, and for that reason I am concerned. I don't want a criminal record, or something that will appear on a background check to jeopardize job prospects or ruin any future opportunities.

    The letter of the law is the following, sourced from http://www.legis.state.pa.us/WU01/LI...7.014.000..HTM on 02 May 2011, and emphasis is my own:

    § 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.--(Deleted by amendment).
    (May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; Dec. 8, 2004,
    P.L.1791, No.237, eff. 150 days; Oct. 19, 2010, P.L.557, No.81,
    eff. 60 days)

    2010 Amendment. Act 81 deleted subsec. (d). The preamble of
    Act 81 provided that Act 81 may be referred to as the Sgt.
    Michael C. Weigand Law.
    Cross References. Section 3714 is referred to in sections
    1532, 1535, 3326, 3327, 3716 of this title.
    Now I know that I goofed by being in a hurry and jumping the median. But I don't think that, in the absence of traffic, pedestrians, or really anything else, it constitutes a 'careless disregard for the safety of persons or property'. There was nobody coming in either direction, and while I understand this is not the purpose of a grassy median, I can't help but disagree that there was anything unsafe about what I did. Had I used the uncontrolled intersection further up the road at the other apartment entrance, the net result would have been exactly the same, minus my wheels going over the grass, and the resulting ticket.

    So the questions that I would like to pose to you are the following:
    1. Is this really a criminal offense in the state of Pennsylvania
    2. Would this have been your interpretation of the infraction had you witnessed it yourself / is there a separate PA violation this would fall under?
    3. In a typical case of a hearing, is the letter of the law supreme? ie., if I can convince the judge that there was no disregard for the safety of anyone or anything, is the charge likely to be dropped?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Careless Driving Citation After Crossing Median to Turn Left

    What you think about your actions isn't particularly relevant. I would expect a court to share the officer's assessment of the risks involved.

    From what you have told us, you're charged with a summary offense. In Pennsylvania, a conviction for a summary offense is considered to be a criminal conviction only if you're sentenced to jail. You can also attempt to negotiate with the prosecutor, or retain counsel to do so, to try for a reduction in the charge.

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