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75 Pa.C.S. § 3736
PA RECKLESS DRIVING citation defense
Section 3736 of Pennsylvania’s Vehicle Code provided that:
Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
Elements & Analysis of Reckless Driving in PA
The offense of reckless driving has two elements: (1) an actus reus of driving a vehicle; and, (2) a mens rea of willful or wanton disregard for the safety of persons or property. Commonwealth v. Bullick, 830 A.2d 998 (Pa. Super. 2003).
To satisfy the elements of reckless driving, the offender's driving must be a gross departure from prudent driving standards. Commonwealth v. Greenberg, 885 A.2d 1025 (Pa. Super. 2005).
Courts have explained that “reckless driving” requires driving that not only grossly deviates from ordinary prudence, but also creates a substantial risk that property damage or personal injury will follow, and it is also necessary that the driving reflect a conscious disregard for the danger being created by the reckless driving. Id.
Grading, Penalties & License Suspension
Reckless driving is a summary offense with a fine fixed at $200 plus court costs. In Pennsylvania, Jail is not authorized for a reckless driving conviction.
Anyone convicted of violating section 3736 will receive a six (6) month license suspension. 75 Pa.C.S. § 1532(b)(1).
Reckless Driving Suspensions are OLL Ineligibility
An Occupational Limited License (OLL) is a provisional license that permits a suspended driver to operate a vehicle for the purposes of occupation, work, trade, treatment or study. 75 Pa.C.S. § 1553(b)(1).
Pursuant to 75 Pa.C.S. § 1553(d)(11), a driver suspended due to a reckless driving is not eligible for an OLL, because is categorized as a serious traffic offense within Chapter 37 Subch. B of the Vehicle Code.
Therefore, upon conviction, there is no exception to the 6-month suspension.
An Experienced PA Driver’s License Defense Lawyer Can Help
If you or someone you know has been cited with reckless driving, Lampman Law can help. We are in Pennsylvania magistrate and trial courts daily and we frequently represent good people charged with violating section 3736 and other serious Vehicle Code offenses that carry drivers license suspensions. While every case is different, we frequently resolve these cases without an additional license suspension.
Once a reckless driving citation is served, it is important to act fast. It is best to contact a criminal defense lawyer that understands the Vehicle Code and license suspension issues. It is also important to plead NOT GUILTY and to timely respond to the citation. Once the magistrate court receives the not guilty plea, they will schedule a summary trial.
Most importantly, it is essential for you to understand that by pleading guilty to section 3736, your driver’s license will be suspended for 6 months. Nothing on the citation will provide notice of the suspension; however, you are presumed to know the law and its consequences.
Contact Lampman Law to Defend PA Reckless Driving Citations
Lampman Law is eager to defend your section 3736 case and we are confident that we will help you resolve the citation in a positive manner. If you decide to hire us we will carefully listen to your side of the story, answer your calls, return calls promptly, and will handle all aspects of your case with careful attention to every detail.
Please contact Lampman Law at 570-371-3737 if you have any questions. We offer a free consultation reasonable fees. Payment plans (including credit card payments) can be arranged.