Other Moving Violations

Improper Passing violations

Vehicle Code Sections 3303-3307
3 points

Improper Passing violations are found in sections 3303 through 3307 of the Pennsylvania Vehicle Code. All passing violations are three (3) point moving violations.

Overtaking Vehicle on the Right

Vehicle Code Section 3304
3 points

In Pennsylvania, a motorist may pass on the right only under one of the following two conditions:

(1) A driver may pass on the right when the other vehicle is making a left turn, except that the passing driver may not drive off the berm or shoulder of the roadway,

or

(2) A driver may pass on the right on a roadway where there unobstructed pavement for two or more lines of vehicles moving lawfully in the direction being traveled, except that the passing cannot be off the roadway.

Any passing of another vehicle must be made in a safe manner.

Limitations on Overtaking on the Left

Vehicle Code Section 3305
3 points

Limitations on Overtaking on the Left involves unsafe passing on the left side of the center line of a roadway. The left side of the road must be clearly visible and free of oncoming traffic to permit the passing vehicle to safely pass. It is required that the passing be made without interfering with any vehicle approaching from the opposite direction or any vehicle overtaken. As soon as possible, the passing vehicle must return to its lane of travel and the passing must occur not within 200 feet of any vehicle approaching in the oncoming lane. It is a three (3) point moving violation if convicted.

Improper Passing on Left Side of Roadway

Vehicle Code Section 3306
3 points

Improper Passing on the Left prohibits a driver from passing on the left side when (1) approaching a hill or a curve where the driver’s view is obstructed; (2) within 100 feet of an intersection or railroad crossing, or (3) within 100 feet of any bridge or tunnel. Citations under this law carry 3 points.

No-Passing Zones

Vehicle Code Section 3307
3 points

Where signs are in place indicating a no-passing zone, no driver is permitted to drive on the left side of the roadway. Signs are required which indicate the beginning and end of each no-passing zone. It is a 3 point offense.

Vehicle Turning Left

Vehicle Code Section 3322
3 point offense

A citation for Vehicle Turning Left is also known as “Improper Left Turn”. This offense usually occurs in a crash situation in which the driver makes a left hand turn in front of another vehicle resulting in a crash when the other vehicle is unable to stop in time to avoid the crash. This citation also covers a non-crash situation where a vehicle turned left and the other vehicle had to make an evasive maneuver to avoid a crash. The law almost always finds that the driver of the vehicle turning left is at fault for the crash. The law states that the driver of the vehicle turning left must yield to any vehicle approaching from the opposite direction which is so close as to constitute a hazard.

Many of my clients tell me that the other vehicle was speeding which was the cause of the accident. However, it is always the duty of the driver turning left to do so safely and to recognize any approaching hazards approaching, including the speed of the other vehicle. If the other driver was in fact speeding, it does help the case when you go to court in that the police officer may decide to negotiate the ticket to a lesser offense which does not carry any points. A violation for Vehicle Turning Left is a 3 point offense.

Following Too Closely (Section 3310, 3 Points)

Following Too Closely is another frequently charged citation when a crash occurs. It states that a driver shall not follow another vehicle more closely than is “reasonable and prudent”. “Reasonable and Prudent” is a very subjective standard and it is left up to the police officer’s discretion to determine if a driver was following too close, and takes into account the speed of the vehicles, the traffic, and the condition of the highway.

This citation typically is written where there is a rear-end collision and carries with it 3 points if convcted.

Driving at Safe Speeds (Section 3361, 2 Points)

This violation is also known as “Driving Too Fast for Conditions” and carries 2 points. In order to prove this violation, the officer must prove that the motorist did not drive at a “reasonable and prudent” speed under the conditions. It is a subjective standard and is not based on any specific speed.

This citation is typical issued in 3 situations. The most common situation is when a crash occurs from behind and the striking vehicle was unable to stop in time to avoid the crash. The second situation can occur if the officer believes that the vehicle is speeding, but is unable to obtain the actual speed of the vehicle. The third situation would occur during inclement weather such as rain or snow with the officer believing that the vehicle is not being driven in a “reasonable and prudent” manner.

This citation is a 2 point offense and is usually given with additional tickets such as Careless Driving. Additionally, if convicted of this offense and a crash occurred in a work zone, there is a mandatory 15 day license suspension.

Racing on Highways

Vehicle Code Section 3367
5 points + 6 month license suspension

A citation for Racing on Highways is one of the most serious traffic citations you can receive in Pennsylvania. A conviction for this offense carries with it 5 points plus a mandatory license suspension of 6 months, which is the harshest penalties on the books for a traffic violation in Pennsylvania. This offense is commonly referred to as “Drag Racing” and occurs when an individual drives a vehicle on a highway while racing another vehicle. This can occur in a traditional illegal “Drag Race” or more commonly occurs when 2 vehicles meet at a red light and accelerate quickly and at high speed. I have also had cases like this charged where 2 friends who were “gearheads” were “messing around” on a road driving together, driving behind one another at a high rate of speed.

Under this law, it is illegal to even attend an illegal drag race and is punishable by the same penalties as driving. The law states that no person shall “participate” in any such race which means that you can lose your license for 6 months just for watching an illegal drag race.

Accidents Involving Damage to Unattended Vehicle or Property

Vehicle Code Section 3745
4 Point Offense

Accidents Involving Damage to Unattended Vehicle or Property is also known as Hit and Run and it occurs when a driver involved in a crash with a unattended vehicle or other property that results in damage does not remain at the scene of the crash. It is the responsibility of the driver to either locate the owner of the vehicle/property to provide his insurance information, and/or notify the local police “without unnecessary delay”.

It is a serious citation and if convicted, Accidents Involving Damage to Unattended Property is punishable by 4 points, a fine of $300 and/or imprisonment for up to 90 days.

If the vehicle that was struck was occupied (had a person in it) Accidents Involving Damage to Attended Vehicle may be charged, which is a Misdemeanor of the first degree (M1) and is a criminal offense. Rather than a citation being issued for a traffic offense, an arrest is made and the driver must go through the criminal process and could be faced with jail time and a one-year license suspension.

Traffic Ticket Reviews From Former Clients

* Source: Avvo.com Client Reviews

“Don't look any further for a lawyer!” (Hit and Run)

5.0 stars
Posted by James

I received a charge which at the very least could have carried hefty fines, probation and worst of all loss of license. I think most lawyers would have just walked me through the case and I would have had to face the consequences. Not with Ellis. He went above and beyond and got my charges reduced. Less fines, no probation and most of all he saved my license! The experience was made so much better with Ellis by my side. He told me that "I got lucky". I think the only luck was finding Ellis to be my lawyer! Thank you Ellis!

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“Ellis is the best!!!” (Following Too Closely)

5.0 stars
Posted by Jay

Ellis helped my wife with multiple traffic citations. She got citations for speeding, careless driving and following too closely. Ellis was not only able to get the careless driving ticket dismissed but was able to change the 'following too closely' citation to a non-moving violation and also reduced the speeding citation to less points. In the end, Ellis saved her license from getting suspended! Awesome attorney! 5 stars all the way!

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“Very Happy With the Results” (Driving at Safe Speeds, Careless Driving)

5.0 stars
Posted by Karen

Was in a car accident and given 2 tickets and 5 points by the trooper. Ellis was able to have 1 ticket and all 5 points removed. Very professional. Would recommend him highly.

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“Professional Excellence From Beginning to End”

5.0 stars
Posted by Charles

My experience was excellent from start to finish in my traffic ticket case. In my initial phone contact there was no attempt to limit the discussion because I hadn't yet retained Ellis's services. The process was also explained fully and clearly. His office was very efficient and friendly. Ellis was awesome on the day of the hearing. He was polite and thorough in leading us through the negotiations, hearing, and ultimate reduction in my offense. Ellis negotiated a reduction that took away any points on my record as well as a reduction in the fine. He was professional, courteous and respectful. He never talked down to me. It was a great service experience that was well worth my retaining Ellis's services.

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