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Ask the Officer: March 2008To submit your question, e-mail Sgt. Robert Lemons Jr. at sgtlemons@officer.com
Q. What is the difference between a reportable and non-reportable motor vehicle accident? 3/31/08
A. A reportable accident is one which there is injury, or vehicle(s) involved need to be towed. Non-reportable accidents are the minor fender benders for which the police do not need to be called.
Q. Can I operate a vehicle without a rear-view mirror on the inside of the vehicle, but side-view mirrors? 3/30/08
A. Yes. Section 4534, rear-view mirror, states as long as you have one mirror or similar device that provides the driver with an unobstructed view of the highway to the rear of the vehicle, you can drive it.
Q. If I live in Pennsylvania for 6 months and Florida for 6 months, can I have two driver's licenses? 3/29/08
A. No. Pennsylvania Vehicle Code 1501(c) states that no person shall be permitted to have more than one valid driver's license issued by this state or any other at any time.
Q. If someone owns a restauraunt with a liquor license, can that person lose the license if his or her children are caught hosting a party with alcohol, even if they did not supply alcohol or be present for the event? 3/26/08
A. You would have to contact Liquor Control to see what the regulations are, since they are in control of the licenses. The agency is run through the Pennsylvania State Police.
Q. What would happen to someone involved in an accident who lacks insurance and hits a parked car? 3/25/08
A. The person could be issued a citation for Section 1786(f) Financial Responsibility Required, and the victim's insurance company can proceed with action to retain the money needed to get the car repaired.
Q. Are police officers required to use their emergency lights and siren when responding to high incident calls? Are they allowed to go through traffic-control signals? 3/24/08
A. Yes, while operating an emergency vehicle responders are able to travel through traffic signals, as long as it's done in a safe manner, this is also true for ambulance and firemen.
Q. If I am stopped for a traffic violation and do not have my driver's license with me, how long do I have to produce it to avoid prosecution? 3/23/08
A. You would have 15 days from the date of violation to produce it at the police department of the officer that issued the order.
Q. What are bench warrants? 3/22/08
A. Bench warrants are warrants issued by a judge, usually when someone fails to show up for a court proceeding. These warrants also can be issued if someone on probation or parole violates the terms of his or her probation.
Q. How close are you allowed to park from an intersection? 3/21/08
A. Vehicles cannot be parked closer than 20 feet from an intersection, as per Section 3353 of the Pennsylvania Vehicle Code.
Q. Are people allowed to park in front of someone's driveway so that you have a hard time pulling out? 3/20/08
A. Section 3353 of the Pennsylvania Vehicle Code deals with parking violations. No vehicle can block a driveway. Most municipalities have ordinances regarding parking. The City of Washington has an ordinance stating that no vehicle can be parked within eight feet of a driveway.
Q. What would the fine be if I don't put money in a parking meter when in the City of Washington on business? 3/19/08
A. A meter violation is $2.
Q. Can a police officer mail you a citation for driving under suspension if he doesn't stop your vehicle when he observes you driving? 3/18/08
A. Yes, if the officer observes you operating a vehicle but doesn't have time at that moment to stop you because of responding to another call, he can file a citation at the magistrate and it would be mailed.
Q. Are people allowed to come to your home and try to sell you things? Do they need a permit? 3/17/08
A. The City of Washington has a permit that people must obtain prior to going to the neighborhoods. Most townships and boroughs have similar paperwork.
Q. If I am at a gas station and a police officer observes that my inspection has expired, can he wait across the street and pull me over when I leave? 3/16/08
A. Yes, the officer may wait for you to leave the gas station property, then stop you for the violation.
Q. Are there any laws that apply to people fighting and making excessive noise in apartment buildings, or is this a landlord-tenant problem? 3/15/08
A. If officers are present during the fighting or excessive noise, they can issue citations, usually for the Disorderly Conduct section of the Pennsylvania Crimes Code. The magistrate would determine what the fine would be depending on the situation.
Q. On domestic calls, do the police have to make an arrest every time they respond? 3/14/08
A. Pennsylvania law requires police to make an arrest for domestic violence if there is any signs of physical injury to either party.
Q. Can I be arrested for DUI if I'm sitting in my home drinking a beer with my car keys in my pocket, since I would be in control of my vehicle? 3/13/08
A. The trem "control" usually means being inside the vehicle. There is a two-hour window for DUI prosecution. If you are involved in an incident and police have reason to contact you at home within two hours of you operating your vehicle, you could possibly be prosecuted for DUI.
Q. Can a passenger in my vehicle drink beer while I'm driving us home from a Steelers game? 3/12/08
A. Section 3809, Pennsylvania Vehicle Code, prohibits passenger or driver from having open containers.
Q. Do I have to give police my insurance information if my vehicle was involved in a hit-and-run accident? 3/11/08
A. Yes, Section 3744, Pennsylvania Vehicle Code: Duty to give information and render aid.
Q. I see on the news about people trying to lure children into vehicles. What law applies for prosecution of these offenders? 3/10/08
A. Pennsylvania Crimes Code Section 2910, Luring a child into a motor vehicle or structure. The charge is graded as a misdemeanor of the first degree.
Q. I have a permit to carry a firearm and have several in my home. What is the law when it comes to someone breaking into my home, and me protecting my family? 3/9/08
A. Pennsylvania Crimes Code Section 505 covers use of force for self-protection. If you have a way out of your home you must take it. If the situation is one that you can't escape, then you can defend your family and self against harm.
Q. What is the law when it comes to wearing seat belts in Pennsylvania? 3/8/08
A. If you are stopped for a violation and your not wearing your seat belt, you could get two citations, one for the original violation and the seat belt, which is a secondary violation.
Q. What happens if I get arrested for DUI and refuse to take a breath test? 3/7/08
A. If you are arrested for DUI and refuse to summit to an Intoxilyzer test, you can still be charged and also lose your license for one year because of the refusal.
Q. If I am hauling material from a home-improvement store, what are the restrictions on how far off the back or sides the material can be? 3/6/08
A. You are talking about the Projecting Load section of the vehicle code. You are allowed up to six feet off the back with a red flag or light at night. The load can't extend more than three feet off the front, and one foot from the passenger's side. Nothing can be projected from the driver's side of the vehicle.
Q. I drive a tractor-trailer for a living. What is the fine for an expired inspection sticker on the tractor when operated on a road? 3/5/08
A. The fine is $500, and the vehicle could be placed out of service.
Q. Is there a night court system in Washington County for people who are arrested after regular business hours? 3/4/08
A. There is a magistrate who is on call every night. Arraignments are conducted either at the office or by a video link between the police department and the magistrate by a computer system.
Q. What agency handles security at the Washington County Courthouse? 3/3/08
A. The Washington County Sheriff's Department
Q. What is the fine for a stop sign violation? 3/2/08
A. The fine is $25 plus costs. The total would be $108.
Q. The tractor-trailers I see with oversized loads: Are they allowed on just any street? 3/1/08
A. No, oversized loads have to have a special hauling permit through the state Department of Transportation. The permit states the route the vehicle is supposed to take from one destination to the other. A violation of the permit is a $500 fine.
