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Ask the Officer: Washington police community outreachTo submit your question, e-mail Sgt. Robert Lemons Jr. at sgtlemons@officer.com
Q. What does it mean to get a DUI expunged? 5/8/08
A. Expunged means getting it cleared off your criminal record. The only way to do that is if you are able to get ARD (Accelerated Rehabilitative Disposition) for your DUI charge. The criminal record is cleared, but the DUI stays on your driving record.
Q. When does evading the police become a felony? 5/7/08
A. If a person is involved in a vehicle pursuit while driving under the influence, it turns into a felony. Normally, fleeing and eluding is a misdemeanor charge.
Q. What is the fine for violating PAVC 3353 (no parking within 20 feet of a crosswalk or intersection)? Also, where do you start measuring the 20 feet from, the center of the intersection? Thanks. 5/6/08
A. Fine would be $15 plus costs. The total would be $58. Measuring starts at the corner of the intersection.
Q. Can you park a vehicle with expired plates? If so, for how long? And is there a time limit to parking on the street without moving your vehicle (if the registration is good)? 5/5/08
A. No, any vehicle on the road has to be legal. There is no time limit when it comes to moving your car. A car with 12/08 plates and inspection can sit until December in one place, as long as the car is kept in driving condition.
Q. Is it legal for a drilling rig to be running late into the night or early morning (1 to 2 a.m.)? This particular drilling rig is located near Bentlyville. The noise is so loud that it actually shakes my house , and there are at least a dozen other homes that are closer to the rig than I am. Shouldn't they be required to stop working such a noisy and disruptive rig at a reasonable hour? 5/4/08
A. Contact the township or borough where the rig is located. You should be able to find out if there is an ordinance prohibiting work between certain hours.
Q. Are there any laws regarding letting your “house” cat run loose around the neighborhood? I live in the East End of Canonsburg and there is a cat that runs all around the block using the neighbor’s flower bed for a litter box, and ithas even urinated on our deck. Should we call animal control, or is it too time-consuming to track cats since there are so many strays? 5/3/08
A. As far as I know, there are no "leash laws" for cats. You can contact animal control and see what can be done if the problem continues to the where point damage is happening to your property.
Q. Our neighbor's high school-age grandson rides his four-wheeler on our property without our permission (he and his friends also park their trucks there). We've asked him to stop, but he does it anyway. Whom should we contact? If he is injured while riding on our property, would we be liable? 5/2/08
A. I would place "no trespassing" signs on your property and contact your police department when the people are there. You would then have to go to court and testify, since you are the one that would be having them arrested for trespassing on your property. You would have to speak to a lawyer about the liability when it comes to injuries on the property.
Q. I live in North Strabane Township. All though the week, in the evening, someone nearby is burning brush piles. Is there a local ordinance that says when we are allowed to burn? 5/1/08
A. You would have to contact North Strabane Township. They should have all the information to answer any question you may have about the days and times burning is allowed.
Q. Is it legal to use a metal or clay fireplace/firebowl in my backyard in the City of Washington? 4/30/08
A. The City of Washington does have an ordinance against burning garbage and brush, etc. Open flames used for cooking are legal the last time I checked.
Q. in Pennsylvania, is it legal to use a GPS attached to the windshield of a vehicle? 4/29/08
A. I haven't seen any laws prohibiting the use of GPS units. Just make sure if you decide to use one, it doesn't block your view from inside the vehicle.
Q. I am an adult woman who has a neighbor who has made vulgar faces at me. (I will not elaborate.) This man stares at me and other neighbors while driving down our road, and while standing in his own yard, he glares at us when we are outside. Is there something we can do? We are afraid he will do something worse because it gives us the creeps. What can we legally do? 4/28/08
A. Someone looking at you isn't really a crime. If he continues to make obscene faces or says anything obscene to you, then that action might constitute a harassment charge. You can go to your local magistrate and file a private criminal complaint if his actions continue. It would then be up to the district attorney to accept the complaint.
Q. If the speed limit on your road is posted at 45 mph and there is one person who continually flies up and down your road, can anything be done? 4/27/08
A. File a complaint with your police department. They might not be aware of the problem.
Q. How long do points remain on a driver’s record, specifically 3 points for going over the speed limit? 4/26/08
A. You need to drive for 12 months without another violation, then the points will be taken off.
Q. When you come to a traffic light and there is a sign and a separate traffic light saying "Right turn light," are you allowed to right turn on red if it is clear to do so? 4/25/08
A. Unless there is a sign stating "no turn on red," you are allowed to proceed if done in a safe manner.
Q. What is the fine for not wearing a seat belt when you're driving? 4/23/08
A. the fine would be $10 plus other costs. The total would be $60.
Q. Are radar detectors illegal in Pennsylvania, and if so, what will happen if you get caught with one? 4/22/08
A. No, they are not illegal in Pennsylvania.
Q. I live in the Windsor Highlands neighborhood, and I own a paint ball gun. Is it fine if I shoot it in my back yard at targets? 4/19/08
A. You would have to check with South Strabane Township, since that is where you reside, to see if there are any township ordinances against that activity.
Q. What should I do if a police officer comes up behind me in a 25-mph zone? Should I stop and let him pass, speed up or let him ride my bumper? This has happened to me twice on the same road. If I speed up, would that allow him to pull me over? 4/18/08
A. You should continue to travel the speed limit. If the officer needs to go around responding to a call he will activate his lights and siren. At that point, you need to pull off the road so he can pass.
Q. If I were pulled over this morning for failing to stop at a stop sign and found out that my plates were suspended, what would happen to me? 4/17/08
A. You possibly could get a citation for the stop sign violation, and one for unregistered vehicle.
Q. What if someone got bitten in your house when you have signs posted about your dog? 4/16/08
A. The person could file civil against you for any injuries they receive even if you have asign posted. You can get more info on this by contacting your county's animal control for info on any criminal charges that could be filed.
Q. If I have an adult who does not wear a seat belt in the passenger seat and I get stopped, who will get the fine, the driver or the passenger? 4/15/08
A. The driver is responsible for passengers in his or her vehicle.
Q. If you know that someone is operating a vehicle with altered stickers, whom should you contact? 4/14/08
A. The police department that covers the area where the violation is occurring.
Q. You replied to a previous question about parking in front of a driveway, and you stated that the City of Washington has an ordinance to prohibit parking within eight feet of a driveway. Who would be contacted to enforce this ordinance. 4/13/08
A. The City of Washington police when the violation occurred.
Q. I know there is public intoxication. Is there any law about being intoxicated in view of minors, specifically one's own children? 4/12/08
A. Section 5505 PA Crimes Code: person is guilty of a summary offense if he or she appears in any public place under the influence of alcohol or controlled substance to the degree that he may endanger himself or others, or annoy persons in his vicinity.
Q. If I get pulled over and my passenger has drugs on him, do I get in trouble? What if drugs are found in my car, but they are the passenger's? 4/11/08
A. If drugs are found on your passenger you should be OK. If drugs are found in your vehicle, there is case law when it comes to constructive possession. If it is within your reach, you can be charged even if it isn't yours.
Previous Q&A:
March 2008
February 2008
