 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Commonwealth v. Hurst12/14/2005
1 This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County following Appellant's conviction pursuant to 75 Pa.C.S.A. § 3742.1, accidents involving death or personal injury while not properly licensed (a misdemeanor of the second degree). Appellant argues the minimum level of culpability for Section 3742.1 is recklessness and the evidence was insufficient to establish he acted recklessly in causing the motor vehicle accident and resulting personal injuries. We affirm.
2 The undisputed facts and procedural history are as follows: Appellant was arrested in connection with a traffic accident in Philadelphia, and on July 15, 2004, he proceeded to a bench trial. At trial, Philadelphia Police Officer Celeste Singleton testified that she was on duty on August 31, 2003 at 10:00 p.m. when she received a dispatch indicating that an officer needed assistance at 58th Street and Baltimore Avenue. N.T. 7/15/04 at 11. As she traveled to the location, at the intersection of 58th Street and Florence Avenue, the driver's side of Officer Singleton's police cruiser was struck by another vehicle. N.T. 7/15/04 at 13, 25. At the time of the accident, Officer Singleton was driving approximately thirty miles per hour with her sirens and lights activated and the traffic light was green in her direction when she entered the intersection. N.T. 7/15/04 at 14-15. As a result of the accident, Officer Singleton suffered injuries, including a fractured femur, knee cap, and tibia. N.T. 7/15/04 at 16.
3 Frank Simmons testified that he was driving south on 58th Street and attempting to make a left turn onto Florence Avenue when he saw police cruisers approaching from the north on 58th Street. N.T. 7/15/04 at 28. Mr. Simmons testified that he and the police cruisers had the green light, and he observed Appellant's vehicle, which had the red light, enter the intersection from the west on Florence Avenue. N.T. 7/15/04 at 30, 34-35. Appellant's vehicle forcefully struck Officer Singleton's police cruiser and hit a mailbox. N.T. 7/15/04 at 34, 36.
4 At the conclusion of the testimony, the parties stipulated that Appellant's driver's license was revoked at the time of the accident, and the trial court convicted Appellant of 75 Pa.C.S.A. § 3742.1 as a misdemeanor of the second degree. N.T. 7/15/04 at 49. On August 26, 2004, Appellant was sentenced to two years of probation and ordered to pay $178.00 in court costs. This timely appeal followed, the trial court ordered Appellant to file a statement pursuant to Pa.R.A.P. 1925(b), Appellant filed the required statement, and the trial court filed an opinion pursuant to Pa.R.A.P. 1925(a).
5 75 Pa.C.S.A. § 3742.1 provides, in relevant part, the following:
§ 3742.1. Accidents involving death or personal injury while not properly licensed
(a) Offense defined.-A person whose operating privilege was canceled, recalled, revoked or suspended and not restored or who does not hold a valid driver's license commits an offense under this section if the person was the driver of any vehicle and caused an accident resulting in injury or death of any person.
(b) Penalties.-
(1) Except as otherwise provided in this section, any person violating subsection (a) commits a misdemeanor of the second degree.
75 Pa.C.S.A. § 3742.1(a), (b)(1), (2) (emphasis in original).
6 Appellant does not dispute that the evidence sufficiently established he was driving on August 31, 2003 with a suspended driver's license, he drove his vehicle into an intersection against a red light, his vehicle collided with Officer Singleton's police cruiser, a
Page 1 2 3 4 5 Pennsylvania DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|