§ 3742.1. Accidents involving death or personal injury while not properly licensed.
(a) Offense defined.--A person whose operating privilege was disqualified, canceled, recalled, revoked or
suspended and not restored or who does not hold a valid driver's license and applicable
endorsements for the type and class of vehicle being operated commits an offense under
this section if the person was the driver of any vehicle and:
(1) caused an accident resulting in injury or death of a person; or
(2) acted with negligence that contributed to causing the accident resulting in injury
or death of a person.
(b) Penalties.--
(1) Except as otherwise provided in this section, any person violating subsection (a)(1)
commits a misdemeanor of the second degree.
(2) If the victim suffers serious bodily injury or death, any person violating subsection
(a)(1) commits a felony of the third degree.
(2.1) A person violating subsection (a)(2) resulting in the serious bodily injury of a person
commits a misdemeanor of the third degree.
(2.2) A person violating subsection (a)(2) resulting in the death of a person commits a
misdemeanor of the second degree.
(3) Any motor vehicle, as defined in section 102 (relating to definitions), used in the
commission of an offense under this section may be deemed contraband and forfeited
in accordance with the provisions set forth in 18 Pa.C.S. § 6501(d) (relating to scattering
rubbish).
(c) Definitions.--(Deleted by amendment).
(Feb. 23, 1996, P.L.21, No.8, eff. 60 days; July 11, 1996, P.L.660, No.115, eff. imd.;
Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Nov. 30, 2004, P.L.1667, No.211, eff.
60 days; Oct. 19, 2010, P.L.557, No.81, eff. 60 days; Oct. 24, 2018, P.L.925, No.153,
eff. 60 days)
2010 Amendment. The preamble of Act 81 provided that Act 81 may be referred to as the Sgt. Michael
C. Weigand Law.
Cross References. Section 3742.1 is referred to in sections 1532, 1542, 1554, 1606 of this title.
Notes of Decisions
Cited in
27
cases (
10 in the last 5 years), 2006–2026 · leading case:
Commonwealth v. Raven, 97 A.3d 1244 (Pa. Super. Ct. 2014).
Commonwealth v. Raven, 97 A.3d 1244 (Pa. Super. Ct. 2014).
· cites it 2× “75 Pa.C.S. § 3742.1. [DWS-DUI Related]: A person who drives a motor vehicle on a highway or traffic[-]way of this Commonwealth at a time when the person’s operating privilege is suspended or revoked[:] (1) as a condition of acceptance of Accelerated Rehabilitative Disposition…”
Drabic v. Com., Dept. of Transp., 906 A.2d 1153 (Pa. 2006).
· cites it 4× “§ 3732 (homicide by vehicle) 3 years 75 Pa.C.S. § 3742.1 (Accidents involving death or personal injury while not properly licensed) 1 year 75 Pa.”
Commonwealth v. Jarosz, 152 A.3d 344 (Pa. Super. Ct. 2016).
“§'3732; 75 Pa.C.S. § 3742.1(b)(2); 75 Pa.C.S. § 3742(a); 75 Pa.”
Commonwealth v. States, 938 A.2d 1016 (Pa. 2007).
· cites it 2× “Based on the foregoing, I would affirm the trial court's order denying appellee's pre-trial motion to dismiss the charges against him on double jeopardy grounds.”
Commonwealth v. Moser, 188 A.3d 478 (Pa. Super. Ct. 2018).
“§ 3928(a) ; 75 Pa.C.S. § 3742.1(a) ; and 75 Pa.C.S § 1501(a), respectively.”
Commonwealth v. Kutzel, 64 A.3d 1114 (Pa. Super. Ct. 2013).
“Is the evidence insufficient to support [Appellant’s] conviction of Accident Involving Death or Personal Injury While Not Properly Licensed, 75 Pa.C.S. § 3742.1(a), because the Commonwealth failed to produce evidence of the requisite mens rea, which in this case is criminal…”
Com. v. Eck, E. (Pa. Super. Ct. 2020).
· cites it 2× “- 11 - J-S34018-20 offender based on his prior conviction for accidents involving death or personal injury while not properly licensed under 75 Pa.C.S. § 3742.1. See N.T. Hearing, 10/17/19, at 5.”
Com. v. Smith, J. (Pa. Super. Ct. 2021).
· cites it 2× “75 Pa.C.S. § 3742.1(a). Here, the evidence established that after Officer Dougherty was thrown from the vehicle, Appellant drove away and failed to remain at the scene of the accident.”
Com. v. Collins, L. (Pa. Super. Ct. 2022).
· cites it 2× “§ 3742) and [a]ccidents [i]nvolving [d]eath while not [l]icensed (75 Pa.C.S. § 3742.1.) where [Appellant] was not initially aware that he had struck an individual and had attempted to return to the scene of the accident[?] See Commonwealth v.”
Com. v. Johnson, J. (Pa. Super. Ct. 2026).
· cites it 2× “] 75 Pa.C.S. § 3742.1(a). In the present case, the Commonwealth presented to the trial court a copy of Appellant’s certified driving history, which noted that the status of Appellant’s driver’s license was “suspended and expired.”
Com. v. Woods, E. (Pa. Super. Ct. 2026).
· cites it 2× “On December 11, 2024, Appellant was found guilty of Accidents Involving Death or Injury While Not Licensed, [75 Pa.C.S. § 3742.1(a)(1), Accidents Involving Death or Personal Injury, 75 Pa.”
Com. v. Williams, W. (Pa. Super. Ct. 2017).
“§ 3925, as a felony of the third degree; Causing an Accident While Not Properly Licensed, 75 Pa.C.S. § 3742.1, as a felony of the third degree; and Fleeing or Attempting to Elude a Police Officer, 75 Pa.”
— 75 Pa. Cons. Stat. § 3742.1(a) — 12 cases
Commonwealth v. Moser, 188 A.3d 478 (Pa. Super. Ct. 2018).
“§ 3928(a) ; 75 Pa.C.S. § 3742.1(a) ; and 75 Pa.C.S § 1501(a), respectively.”
Commonwealth v. Kutzel, 64 A.3d 1114 (Pa. Super. Ct. 2013).
“Is the evidence insufficient to support [Appellant’s] conviction of Accident Involving Death or Personal Injury While Not Properly Licensed, 75 Pa.C.S. § 3742.1(a), because the Commonwealth failed to produce evidence of the requisite mens rea, which in this case is criminal…”
Com. v. Smith, J. (Pa. Super. Ct. 2021).
“75 Pa.C.S. § 3742.1(a). Here, the evidence established that after Officer Dougherty was thrown from the vehicle, Appellant drove away and failed to remain at the scene of the accident.”
— 75 Pa. Cons. Stat. § 3742.1(a)(1) — 4 cases
Com. v. Woods, E. (Pa. Super. Ct. 2026).
“On December 11, 2024, Appellant was found guilty of Accidents Involving Death or Injury While Not Licensed, [75 Pa.C.S. § 3742.1(a)(1), Accidents Involving Death or Personal Injury, 75 Pa.”
Com. v. Johnson, J. (Pa. Super. Ct. 2026).
“] 75 Pa.C.S. § 3742.1(a). In the present case, the Commonwealth presented to the trial court a copy of Appellant’s certified driving history, which noted that the status of Appellant’s driver’s license was “suspended and expired.”
— 75 Pa. Cons. Stat. § 3742.1(b)(2) — 1 case
Commonwealth v. Jarosz, 152 A.3d 344 (Pa. Super. Ct. 2016).
“§'3732; 75 Pa.C.S. § 3742.1(b)(2); 75 Pa.C.S. § 3742(a); 75 Pa.”
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