Ask the Officer: October 2008


Ask the officer
Sgt. Robert Lemons Jr.,
Washington police
community outreach
sgtlemons@officer.com



Previous Q&A:
December 2008
November 2008
September 2008
August 2008
July 2008
June 2008
May2008
April 2008
March 2008
February 2008


To report suspicious activity in Washington County, call 1-800-281-0070. The hotline is confidential and operates 24 hours a day.


Q. As a rural property owner, I’ve posted signs on my property to keep equestrians, ATVs and hunters out of my backyard. The signs are continuously ignored. I’ve resorted to dropping trees across trails made by ATVs, and even that has little effect. Some ATVers have either brought saws to clear them or simply dragged them out of the way. I’ve managed to catch a few equestrians and hunters in the act. But I’m not sure how to properly handle the situation. Am I allowed to detain them and obtain identification for filing charges? What process should I follow? 10/31/08
A. You can try to obtain identification from them and file trespassing charges since your property is posted. I would call the local police who handle your area when you know the people are there and let them handle the complaint. The last thing you want is to confront someone or several people by yourself.

Q. At times, while taking walks around East Washington, someone will pull into a driveway and block the sidewalk, forcing us to have to walk out into the street. Is this legal? 10/29/08
A. Section 3353 – PA Vehicle Code prohibits vehicles from parking on a sidewalk. The vehicle could be cited for this violation. A municipality also might have an ordinance against such a violation.

Q. There was a question a while ago concerning handicap placards when it relates to parking at meters. 10/27/08
A. People using placards at meters must pay the meter for the initial time, then have 60 minutes beyond that without penalty if needed.

Q. When two vehicles approach an intersection at the same time and stop, who has the right of way? 10/24/08
A. Section 3321(a): Vehicles approaching or entering intersections. The driver of the vehicle on the left shall yield the right of way to the vehicle on the right.

Q. Can someone be arrested for videotaping a movie at the theater? 10/22/08
A. Section 4116.1 – Unlawful operation of recording device in motion picture theater.

Q. What charge does carjacking fall under? 10/20/08
A. Section 3702(a): Robbery of a motor vehicle. It's a felony of the first degree.

Q. Is it illegal to drive without shoes on? If so, what's the reason? 10/17/08
A. There is nothing in the vehicle code to exclude you from driving a vehicle without shoes, as long as you have proper control of your vehicle.

Q. My wife and I have had a bet going for some time now about whether you can make a right turn at a light that is posted "right turn signal" when the light is red. Other drivers blow their horns at my wife while she waits, and I don't want to get into any trouble. 10/3/08
A. Unless there are signs stating "no turn on red" posted, you are able to make a right turn on red if it can be done in a safe manner.

Q. If I see someone driving and I know the person has lost his or her driver's license and is currently participating in the county's Alternative Services Program in lieu of being incarcerated, is it OK to call 911 even though it is not an emergency? 10/2/08
A. You can call and report the incident. If there is an officer in the area, the vehicle could be stopped if the officer has reasonable suspicion. The owner of the vehicle can be issued a citation. That's up to the officer, whether to arrest the owner for a section called "permitting violation of title or permitting unauthorized person to drive." Either violation carries the same fine.

Q. What rights do deer spotters have? Are they supposed to pull over for regular traffic? 10/1/08
A. Contact your local conservation officer who handles the area where the incident happened. The Pennsylvania Game Commission has laws and regulations covering that type of violation. There is a section of the vehicle code that covers parking or standing of a vehicle on a road, but I feel this matter is a game law violation.


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