Fraser, MI asked in Traffic Tickets for Pennsylvania

Q: My son was charged for a Obedience to traffic control devices- Hazardous condition 75 3111.1 A

When my son and his girlfriend were coming home one night in January 2020 they came upon a truck with yellow flashing lights on the side of the road. The speed limit was 55 mph There was another car a short distance in front of them also. They proceeded to slow down as they approached the scene. There was no one there were no signs, flares , or persons at that time. The first car had already passed so proceeded on. About a mile down the road they came across the road being blocked by police because of a car accident. The police told my son that the fire police officer wanted him cited for running a traffic control stop. He explained there was no one at the truck location. So they were turned around and sent back..This time when they approached the truck there were flares, road closure signs and a fire police officer directing traffic. He was sent a citation in the mail for the above. At a hearing he was found guilty. Is a attorney suggested for an appeal. Any help would be great.

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: If no one was there and his girlfriend testified, I don't see why the DJ found him guilty. Depending on what the officer said, something must have made the DJ say there was a signal.

The law reads:

a) General Rule.--The driver of any vehicle, unless otherwise directed by an emergency service responder, shall not drive past, around or through a sign or traffic-control device closing a road or highway due to an existing or potentially hazardous condition.

If there wasn't one up when he drove by, I don't see why they cited him.

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