Pennsylvania Traffic Violations

Knowing and obeying Pennsylvania's traffic laws is vital for maintaining safety on the roads. Violating these laws can result in losing driving privileges, damaging one's driving record, and increasing insurance costs. Safe driving habits, such as wearing seat belts and avoiding aggressive, distracted, or impaired driving, significantly reduce accidents, injuries, and fatalities.

The Pennsylvania Department of Transportation (PennDOT) is dedicated to improving highway safety through a multi-faceted approach. PennDOT promotes safer driving habits with programs targeting impaired and distracted driving, aggressive driving, and seatbelt use.

The department also implements infrastructure improvements, such as installing rumble strips, removing roadside obstructions, upgrading traffic signals, adding turning lanes, and installing pedestrian countdown timers. Additionally, PennDOT oversees driver education programs and license testing to ensure motorists are knowledgeable about traffic laws.

The Pennsylvania State Police (PSP) enforces traffic laws through sobriety checkpoints, speed monitoring, and seatbelt enforcement. They issue citations, investigate accidents, and provide reports for court use. The PSP also manages traffic during emergencies and supports local law enforcement agencies.

Meanwhile, Pennsylvania courts, including Magisterial District Courts and specialized courts, adjudicate various traffic violations. Handling everything from minor infractions to severe offenses, these courts guarantee offenders face appropriate penalties. Their role is critical in maintaining road safety and delivering fair outcomes for traffic-related cases.

What Are the Major Traffic Violations in Pennsylvania?

In Pennsylvania, traffic offenses are classified as felonies, misdemeanors, or infractions. Felony traffic violations, such as those resulting in fatalities, carry the most severe penalties, including potential imprisonment, significant fines, and disqualifications.

Misdemeanor offenses, like reckless driving or driving without a license, result in substantial penalties but are less severe than felonies. In contrast, infractions, including parking violations and crossing infractions, usually incur fines or tickets and do not involve the risk of imprisonment.

Driving Without a License or With a Suspended License

In Pennsylvania, drivers must hold a valid license when operating a vehicle on public roads. Driving without a license is considered a summary offense under Title 75 of the Pennsylvania Consolidated Statutes (PA CS) Section 1501.

For licenses that expire in less than a year, the fine is $25. If it expires longer, it is $200. If a driver is licensed but fails to carry their license, they face a $200 fine. However, they may avoid a conviction if they present a valid license within 15 days of receiving the citation.

Operating a vehicle with a suspended or revoked license carries more serious consequences. As outlined in 75 PA CS Section 1543, this offense is also a summary offense, resulting in a $200 fine.

If the license suspension or revocation is due to driving under the influence (DUI) conviction, penalties are harsher. A first offense results in a $500 fine and 60 to 90 days in jail.

For a second DUI-related offense, the fine increases to $1,000 with at least 90 days in jail, while a third offense, classified as a third-degree misdemeanor, involves a $2,500 fine and a minimum of six months in jail.

Exceptions to the license requirements include non-residents with valid licenses from their home states or countries, federal employees driving official vehicles on duty, and individuals aged 14 or 15 operating farm machinery on roads adjacent to their farms.

Speeding

Pennsylvania's speeding regulations consist of two primary frameworks: the "basic speeding law" and "absolute speed limits."

The basic speeding law, as specified in 75 PA CS Section 3361, mandates that drivers travel at speeds that are "reasonable and prudent" considering the prevailing conditions.

Drivers must be capable of stopping their vehicles within a distance they can clearly see. For example, a speed of 55 miles per hour (mph) may be appropriate on a clear day but unsafe on a dark or slippery road.

On the other hand, absolute speed limits, set forth in 75 PA CS Section 3362, define the maximum speeds for different types of roads:

  • 15 mph in areas near schools
  • 25 mph in residential neighborhoods
  • 35 mph in city and urban areas
  • 65 to 70 mph on highways and expressways
  • 55 mph on other roadways

Speeding violations result in fines and demerit points. Generally, fines begin at $35 plus $2 for each mph over the limit and increase to $42.50 for speeds above 65 mph.

Speeding significantly, especially in school zones, can result in fines of up to $500. Speeding points range from 2 for minor infractions to 5 for serious breaches. Excessive points may result in compulsory driver improvement courses or driving license suspension.

Reckless and Careless Driving

In Pennsylvania, "reckless driving" is defined as operating a vehicle with willful disregard for safety, creating a high risk of accident while knowingly ignoring that risk. This offense, under 75 PA CS Section 3736, is considered a summary offense, punishable by up to 90 days in jail, a $200 fine, and a six-month license suspension.

If reckless driving results in serious bodily injury, the driver may face aggravated assault by vehicle charges, a third-degree felony with penalties of up to seven years in prison, a $15,000 fine, and a one-year suspension.

Meanwhile, "careless driving," as per 75 PA CS Section 3714, involves driving with a lack of concern for safety without needing intent or knowledge of the risk. It is a lesser offense compared to reckless driving. Penalties for careless driving include up to 90 days in jail and fines of up to $300.

However, if the offense causes serious injury, the fine is fixed at $250, and if it results in death, it is $500. A six-month license suspension may apply if the offense involves death or excessive demerit points.

Driving Under the Influence or DUI

Driving under the influence of alcohol or drugs is a serious violation in Pennsylvania. According to 75 PA CS Section 3802, a driver with a blood alcohol content (BAC) of .08% or higher is considered impaired. For commercial drivers, the limit is .04%, and for individuals under 21 or bus drivers, it is .02%.

DUI offenses are categorized into three levels: general impairment, high rate, and highest rate. General impairment, with a BAC between .08% and .10%, results in fines of $300 and jail time ranging from probation to two years for repeat offenders.

High-rate DUIs, where BAC ranges from .10% to .16%, involve fines from $500 to $5,000 and incarceration from 48 hours to five years.

The highest rate of DUI, involving a BAC over .16% or controlled substances, carries fines between $1,000 and $10,000, jail terms from 72 hours to five years, and an extended license suspension.

Moreover, convicted offenders must complete an alcohol and drug evaluation and comply with treatment recommendations. DUI cases involving minor passengers incur additional penalties, such as increased fines and community service. Refusing a breath or blood test results in severe license suspensions and reinstatement fees, as outlined in 75 PA CS Section 1547.

Repeat offenses or DUIs causing serious injury or death can result in felony charges, with significant fines and lengthy prison sentences. Underage drivers with a BAC of .02% or more face up to six months in jail, hefty fines, and license suspension.

How Does Pennsylvania DOT's Point System Work?

The PennDOT point system is implemented to guarantee safe driving practices by tracking and penalizing traffic violations. Points are added to a driver's record for offenses, which helps PennDOT manage and rectify unsafe driving habits.

Violations with higher severity accrue more points and can result in additional penalties. For instance, speeding 26-30 mph over the limit leads to 5 points and a 15-day license suspension, while leaving the scene of an accident causing property damage results in 4 points.

On the other hand, less severe violations carry fewer points. For example, running a red light or making an illegal U-turn each adds 3 points to a driver's record. Additionally, failing to follow traffic officials results in 2 points. The Pennsylvania Point System Fact Sheet provides a comprehensive list of points for various violations.

Drivers can reduce their points by maintaining a clean driving record. Specifically, 3 points will be removed for every 12 consecutive months of safe driving (no further violations committed) following the date of the last violation. Once a driver's record is free of points for 12 consecutive months, any subsequent points will be treated as if it were their first offense.

Penalties and Corrective Actions for Excessive Points on Driving Record

Drivers accumulating six or more points for the first time must pass a written exam or attend a Driver Improvement School within 30 days. Failure to comply results in suspension until the requirements are met. Passing the exam removes two points while joining the school removes four.

If a driver accumulates six or more points again after reducing their total, they must attend a Departmental Hearing and the Driver Improvement School. The hearing may recommend an on-road test or a suspension.

A second accumulation of six or more points results in a suspension of up to 15 days, and a third or subsequent accumulation leads to a suspension of up to 30 days. However, completing the on-road test or serving the suspension, combined with attending the Driver Improvement School, removes two points.

When a driver accrues 11 or more points, their license is automatically suspended. The suspension length depends on prior suspensions:

  • Five days per point for the first suspension
  • Ten days for the second suspension
  • 15 days for the third suspension
  • One year for subsequent suspensions

Meanwhile, excessive speeding, defined as driving 31 mph or more over the limit, requires a Departmental Hearing and Driver Improvement School. The hearing may recommend a special driving test or a suspension of up to 15 days. After a suspension, five points are recorded on the driving record.

Additionally, drivers under 18 accumulating six points or speeding 26 mph over the limit face a 90-day suspension initially and 120 days for repeat offenses.

What Is the Process for Handling Traffic Tickets in Pennsylvania?

When a violation of the Pennsylvania Vehicle Code occurs, law enforcement issues a traffic ticket outlining the offense and its penalties, including fines and court appearances.

Paying the ticket acknowledges the infraction and may lead to various consequences. Alternatively, individuals can contest the ticket by pleading 'not guilty,' which may result in a court hearing to dispute the charges.

Paying Traffic Fines

For Pennsylvania motorists dealing with traffic tickets, responding by paying the fine is often the simplest option, particularly for minor violations. However, paying the fine is an admission of guilt, potentially leading to points on the driving record and increased insurance rates.

Drivers must pay the specified amount within ten days to the appropriate magisterial district court, either in person, by mail, or online. In some cases, installment plans may be available.

Those who choose to pay fines online can utilize the PAePay tool, which is accessible on the Unified Judicial System of Pennsylvania web portal. Available for selected jurisdictions only, this convenient payment method is exclusively designed for settling court-ordered financial obligations that can be paid online.

However, traffic offenders may not be able to use it for all their financial responsibilities, especially if they have pending unpaid fines from other courts across the Commonwealth of Pennsylvania.

The PAePay tool requires drivers to provide details such as the citation number, payment plan number, docket number, or name. It processes payments up to $1,000 and includes a non-refundable convenience fee of $2.75 per transaction.

Online payments through the PAePay can be made using credit, debit, or ATM cards as specified on the traffic ticket. Additionally, third-party service providers offer platforms for resolving tickets, which often require a subscription.

Contesting Traffic Tickets

Contesting a traffic ticket in Pennsylvania can be more beneficial than paying the fine, especially if the offense leads to points on the driving record, license suspension, or jail time.

To contest a ticket, motorists must enter a 'not guilty' plea within ten days of issuance, as mentioned earlier. Instructions are usually on the ticket. While some counties allow online pleas, most require an in-person appearance at the courthouse.

In Pennsylvania, traffic violations are primarily processed in Magisterial District Courts. However, Philadelphia uses the Municipal Court and Traffic Court for such cases, while Pittsburgh relies on the Municipal Court and Parking Court to handle traffic matters.

Note that missing a court appearance can result in an automatic guilty judgment, license suspension, and possible jail time, but a continuance can be requested if attendance is not possible.

After entering a plea, defendants might need to pay collateral, covering the ticket fine and court fees, which are refundable if they win. A hearing or pretrial conference will be scheduled, and defendants can hire a traffic attorney or represent themselves. If facing possible imprisonment and unable to afford an attorney, the court may provide one.

During the hearing, motorists can present evidence that the ticket was unfairly issued or that no laws were violated. In this situation, having legal knowledge and assistance is crucial.

A 'not guilty' verdict drops the charges, prevents points on the driving record, and refunds the fees. Conversely, a guilty verdict can lead to fines, added points, license suspension, and jail time.

How Are Accident Reports Handled in Pennsylvania?

Although Pennsylvania law does not require the reporting of all motor vehicle accidents, the state's stringent regulations on reporting suggest that it is advisable to take a cautious approach and report incidents when necessary.

Under 75 PA CS Section 3747, individuals must file a report if the accident results in serious injuries, fatalities, or damages that render vehicles undrivable. Depending on where the accident occurred, drivers should report the incident to either the local police department or the PSP.

Law enforcement typically investigates and generates a crash report. If the police do not respond to accidents involving significant injuries or property damage, motorists must take responsibility for filing an accident report with the PennDOT.

To report an accident, drivers must complete the PennDOT - Commonwealth Of Pennsylvania Driver's Accident Report (Form AA-600). This form requires details including an accident diagram, weather conditions, the accident's location, involved parties, a narrative of the event, and vehicle information.

Within five days, they should mail the completed form to the specified address. Failure to file this report can lead to a suspension of driving privileges. Also, filing this report is crucial for insurance and legal claims.

Requesting a Pennsylvania State Police Accident Report

Obtaining a PSP accident report is straightforward and can be done online or by mail. For online requests, drivers should visit Pennsylvania's crash report website. If they have an existing paper copy, they can use the incident number to locate the report. Otherwise, they can search by name and date.

After finding the report, they need to complete the "Application To Obtain Copy of Police Report" (Form SP7-0015) with details like the accident date and time, crash location, name, and incident number. A $22 fee is required and payable online. Once approved, the report will be emailed.

Meanwhile, drivers who prefer to make a request by mail should download and complete the same Form SP7-0015 mentioned above. They must also include a certified check or money order for the same amount, made payable to the "Commonwealth of Pennsylvania."

The form and payment should be mailed to:

Crash Report Unit

1800 Elmerton Avenue

Harrisburg, PA 17110

The crash report will be sent by mail once it has been processed.

What Should Drivers Know about Traffic-Related Arrests in Pennsylvania?

In Pennsylvania, common causes for traffic-related arrests include DUI, driving with a suspended license, reckless driving, and running a red light. When such violations are suspected, law enforcement officers can initiate a traffic stop and, if necessary, make an arrest.

During a traffic stop, drivers have certain rights. They are required to provide basic identification, such as their license and registration, but can choose to remain silent on other matters. Drivers must follow lawful orders, such as exiting the vehicle if asked, but are not obligated to consent to a search without a warrant or probable cause.

Officers conducting the stop must have reasonable suspicion to question the driver further. This suspicion, based on the officer's observations and experience, must meet the "totality of the circumstances" standard and cannot be based solely on intuition.

After an arrest, the driver is generally taken to a local police station for booking, which includes recording personal information, taking fingerprints, and performing preliminary tests if DUI is involved.

The driver may also be eligible for bail, which allows release until a court appearance; otherwise, they remain in custody. If arrested, consulting a criminal defense attorney is recommended.

Key Steps and Resources After a Traffic-Related Arrest in Pennsylvania

Following a traffic-related arrest in Pennsylvania, drivers should seek advice from a criminal defense attorney experienced in state and local traffic laws. They should review arrest details via the PSP or the Unified Judicial System of Pennsylvania web portal.

Attendance at all court hearings is essential, and compliance with bail conditions is mandatory. Drivers may also explore the Accelerated Rehabilitative Disposition (ARD) program for certain offenses, which could lessen penalties.

Additionally, they can seek further assistance from the Pennsylvania Bar Association and the Pennsylvania Association of Criminal Defense Lawyers for comprehensive legal support and resources.