Motor Vehicle Code violation in Pennsylvania

2023Commonwealth v. Chase, 960 A.2d 108 (Pa. 2008).

2018With respect to the Motor Vehicle Code, “[t]he state has a vital interest in maintaining highway safety by ensuring that only qualified drivers are permitted to operate motor vehicles, and that their vehicles operate safely, thus assuring that dangerous drivers as well as dangerous automobiles are kept off the road.” See Chase, 960 A.2d at 120 (citation omitted).

2025See Feczko, 10 A.3d at 1291 (stating that a vehicle stop must be based on reasonable suspicion of a Motor Vehicle Code violation or criminal activity afoot).

2025See Feczko, 10 A.3d at 1291 (stating that a vehicle stop must be based on reasonable suspicion of a Motor Vehicle Code violation or criminal activity afoot).

2024There, our Court held that nervousness of a driver suspected of a Motor Vehicle Code violation “does not suffice to allow police to conduct a Terry frisk and a protective weapons search of a vehicle.” Id. at 306 .

2024There, our Court held that nervousness of a driver suspected of a Motor Vehicle Code violation “does not suffice to allow police to conduct a Terry frisk and a protective weapons search of a vehicle.” Id. at 306 .

1997In Commonwealth v. Elliott, 376 Pa.Super. 536 , 546 A.2d 654 (1988), Trooper Heckman stopped the defendant for a Motor Vehicle Code violation.

1997In Commonwealth v. Elliott, 376 Pa.Super. 536 , 546 A.2d 654 (1988), Trooper Heckman stopped the defendant for a Motor Vehicle Code violation.

2023See Whren, 517 U.S. at 813 (stating, a police officer’s “[s]ubjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis”).

2023See Whren, 517 U.S. at 813 (stating, a police officer’s “[s]ubjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis”).

2022See Commonwealth v. Harris, 176 A.3d 1009, 1019 (Pa.Super. 2017).

2022Herein, it is uncontradicted that the officers possessed the requisite probable cause to initiate a lawful traffic stop for an expired registration tag under 75 Pa.C.S. § 1301(a).4 See Commonwealth v. Harris, 176 A.3d 1009, 1019 (Pa.Super. 2017) (finding that in circumstances where the suspected Motor Vehicle Code violation is such that it requires no additional investigation, the officer must possess probable cause before initiating the traffic stop); see also N.T.

2022See id.

2022See id.

2021Commonwealth v. Rementer, 598 A.2d 1300, 1306 (Pa. Super. 1991).

2021Commonwealth v. Rementer, 598 A.2d 1300, 1306 (Pa. Super. 1991).

2018“Causation will only be found if the defendant’s Motor Vehicle Code violation was a direct and substantial factor in the death of the victim and the fatal result was not extraordinary or remote.” Commonwealth v. Petroll, 696 A.2d 817, 823 (Pa.Super. 1997).

2018“Causation will only be found if the defendant’s Motor Vehicle Code violation was a direct and substantial factor in the death of the victim and the fatal result was not extraordinary or remote.” Commonwealth v. Petroll, 696 A.2d 817, 823 (Pa.Super. 1997).

1993Commonwealth v. Uhrinek, 518 Pa. 532 , 544 A.2d 947 (1988); See also In the Interest of Hyduke, 371 Pa.Super. 380 , 538 A.2d 66 (1988).

1993Commonwealth v. Uhrinek, 518 Pa. 532 , 544 A.2d 947 (1988); See also In the Interest of Hyduke, 371 Pa.Super. 380 , 538 A.2d 66 (1988).

2019This Court noted the distinction between “the investigative potential of a vehicle stop based on a reasonable suspicion of DUI as compared to other suspected violations of the Motor Vehicle Code.” Id. at 1289 (citing Commonwealth v. Sands, 887 A.2d 261, 270 (Pa. Super. 2005)).

2018This Court noted the distinction between "the investigative potential of a vehicle stop based on a reasonable suspicion of DUI as compared to other suspected violations of the Motor Vehicle Code." Id. at 1289 (citing Commonwealth v. Sands , 887 A.2d 261 , 270 (Pa. Super. 2005) ).

2015Commonwealth v. Chase, 960 A.2d 108, 115-116 (Pa. 2008); accord Commonwealth v. Feczko, 10 A.3d 1285, 1291-1292 (Pa. Super. 2010) (en banc), appeal denied, 25 A.3d 327 (Pa. 2011). [In order for a non-investigable traffic stop to be constitutional, t]he officer must be able to articulate specific facts possessed by him at the time of the questioned stop, which would provide probable cause to believe that the vehicle or the driver was in some violation of some provision of the Vehicle Code.

2015Commonwealth v. Chase, 960 A.2d 108, 115-116 (Pa. 2008); accord Commonwealth v. Feczko, 10 A.3d 1285, 1291-1292 (Pa. Super. 2010) (en banc), appeal denied, 25 A.3d 327 (Pa. 2011). [In order for a non-investigable traffic stop to be constitutional, t]he officer must be able to articulate specific facts possessed by him at the time of the questioned stop, which would provide probable cause to believe that the vehicle or the driver was in some violation of some provision of the Vehicle Code.

2026Kling is correct that the multiple violations of the Motor Vehicle Code do not satisfy the Commonwealth’s burden as a per se matter. “[T]he assertion that a motor vehicle code violation, without more, is a form of ‘recklessness per se’ is contrary to case law.” Commonwealth v. Karner, 193 A.3d 986, 993 (Pa. Super. 2018).

2025First, as to the cause of death, “causation occurs when the Motor Vehicle Code violation is a direct and substantial factor in the victim’s death, and the fatal result is not extraordinary or remote.” Sanders, 259 A.3d at 530.

2025First, as to the cause of death, “causation occurs when the Motor Vehicle Code violation is a direct and substantial factor in the victim’s death, and the fatal result is not extraordinary or remote.” Sanders, 259 A.3d at 530.

2025The elements for Homicide by Vehicle are that “(1) the Appellant drove in a manner that violated the Motor Vehicle Code, (2) the Appellant knew or should have known that his conduct violated the law[,] and (3) the death was the probable result of the Motor Vehicle Code violation.” Matter of Huff, 582 A.2d 1093, 1097 (Pa. Super. 1990).

2025The elements for Homicide by Vehicle are that “(1) the Appellant drove in a manner that violated the Motor Vehicle Code, (2) the Appellant knew or should have known that his conduct violated the law[,] and (3) the death was the probable result of the Motor Vehicle Code violation.” Matter of Huff, 582 A.2d 1093, 1097 (Pa. Super. 1990).

2024See Commonwealth v. Malloy, 257 A.3d 142, 148-149 (Pa. Super. 2021) (stating that the officer’s observation that Malloy’s vehicle did not have a properly displayed license plate provided probable cause to believe the stopped vehicle was in violation of Motor Vehicle Code). - 12 - J-A10036-24 stop.

2024See Commonwealth v. Malloy, 257 A.3d 142, 148-149 (Pa. Super. 2021) (stating that the officer’s observation that Malloy’s vehicle did not have a properly displayed license plate provided probable cause to believe the stopped vehicle was in violation of Motor Vehicle Code). - 12 - J-A10036-24 stop.

2023See Shaw, 246 A.3d at 881-82 .

2023We note that, in general, probable cause exists where the totality of the circumstances shows that “the facts and circumstances within the police officer’s knowledge and of which the officer has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that an offense has been committed by the person to be arrested.” Commonwealth v. Simmen, 58 A.3d 811 , 817 (Pa. Super. 2012).

2023We note that, in general, probable cause exists where the totality of the circumstances shows that “the facts and circumstances within the police officer’s knowledge and of which the officer has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that an offense has been committed by the person to be arrested.” Commonwealth v. Simmen, 58 A.3d 811 , 817 (Pa. Super. 2012).

2021See Gurung, 239 A.3d at 192 (concluding that police had probable cause to effectuate a traffic stop where the driver failed to use a turn signal when performing a lane merge); see also Spieler, 887 A.2d at 1275 (stating that the issuance of a citation for the Motor Vehicle Code violation is not necessary to support a finding of probable cause).

2021See Gurung, 239 A.3d at 192 (concluding that police had probable cause to effectuate a traffic stop where the driver failed to use a turn signal when performing a lane merge); see also Spieler, 887 A.2d at 1275 (stating that the issuance of a citation for the Motor Vehicle Code violation is not necessary to support a finding of probable cause).

2021See Gurung, 239 A.3d at 192 (concluding that police had probable cause to effectuate a traffic stop where the driver failed to use a turn signal when performing a lane merge); see also Spieler, 887 A.2d at 1275 (stating that the issuance of a citation for the Motor Vehicle Code violation is not necessary to support a finding of probable cause).

2021See Gurung, 239 A.3d at 192 (concluding that police had probable cause to effectuate a traffic stop where the driver failed to use a turn signal when performing a lane merge); see also Spieler, 887 A.2d at 1275 (stating that the issuance of a citation for the Motor Vehicle Code violation is not necessary to support a finding of probable cause).

2020Commonwealth v. Walsh, 125 A.3d 1248, 1253 (Pa. Super. 2015). (“We can affirm the court’s decision if there is any basis to support it, even if we rely on different grounds to affirm.”). - 11 - J-S05013-20 was able to pull Appellant over for the motor vehicle code violation.

2020See, e.g., Commonwealth v. Parker, 957 A.2d 311 (Pa. Super. 2008) (finding that officer was justified in frisking appellant after he pulled appellant over for a Motor Vehicle Code violation at night, appellant could not produce identification and officer saw appellant reaching down and dipping his shoulders from side to side); Commonwealth v. Simmons, 17 A.3d 399 (Pa. Super. 2011) (finding officer had reasonable suspicion to frisk appellant after pulling him over at night in high crime area for a Motor Vehicle Code violation and observing appellant making a movement toward the floor and then a

2020See, e.g., Commonwealth v. Parker, 957 A.2d 311 (Pa. Super. 2008) (finding that officer was justified in frisking appellant after he pulled appellant over for a Motor Vehicle Code violation at night, appellant could not produce identification and officer saw appellant reaching down and dipping his shoulders from side to side); Commonwealth v. Simmons, 17 A.3d 399 (Pa. Super. 2011) (finding officer had reasonable suspicion to frisk appellant after pulling him over at night in high crime area for a Motor Vehicle Code violation and observing appellant making a movement toward the floor and then a

2020See Salter, 121 A.3d at 994 (“Probable cause does not require certainty, but rather exists when criminality is one reasonable inference, not necessarily even the most likely inference.”).