HomeMy WebLinkAbout99-1708 criminalCOMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vo
TIMOTHY L. DAY
99-1708 CRIMINAL TERM
IN RE: VERDICT AND OPINION
Bayley, J., October 21, 1999:--
Defendant, Timothy L. Day, is charged with violating the Vehicle Code at 75
Pa.C.S. Section 3323(b), that provides:
Duties at stop signs.--Except when directed to proceed by a police
officer or appropriately attired persons authorized to direct, control or
regulate traffic, every driver of a vehicle approaching a stop sign shall stop
at a clearly marked stop line or, if no stop line is present, before entering a
crosswalk on the near side of the intersection or, if no crosswalk is
present, then at the point nearest the intersecting roadway where the
driver has a clear view of approaching traffic on the intersecting roadway
before entering. If, after stopping at a crosswalk or clearly marked stop
line, a driver does not have a clear view of approaching traffic, the driver
shall, after yielding the right-of-way to any pedestrian in the crosswalk,
slowly pull forward from the stopped position to a point where the driver
has a clear view of approaching traffic. The driver shall yield the right-of-
way to any vehicle in the intersection or approaching on another roadway
so closely as to constitute a hazard during the time when the driver is
moving across or within the intersection or junction of roadways and enter
the intersection when it is safe to do so.
This section is preceded by subsection (a) of Section 3323, that provides:
Intersections controlled by signs.mPreferential right-of-way at an
intersection may be indicated by stop signs or yield signs as authorized in
section 6124 (relating to erection of traffic-control devices at
intersections).
Section 6124 of the Vehicle Code titled "Erection of traffic-control devices at
99-1708 CRIMINAL TERM
intersections," provides:
The department on State-designated highways, including
intersections with local highways, and local authorities on
intersections of highways under their jurisdiction may erect and
maintain stop signs, yield signs or other official traffic-control devices to
designate through highways or to designate intersections at which
vehicular traffic on one or more of the roadways should yield or stop and
yield before entering the intersection. (Emphasis added.)
The evidence against defendant is that he drove out of a parking lot of a gas
station/convenience store onto Mill Street in the Borough of Mt. Holly. There is a
sidewalk along Mill Street that is cut where the parking lot goes into the street. A stop
sign is located to the right of the sidewalk and facing the exit of the parking lot, not an
intersecting street. Defendant did not stop at this stop sign before entering Mill Street.
The Vehicle Code at 75 Pa.C.S. § 6113(b) provides:
Enforcernent.--The owner of real property which is ten contiguous
acres or more in size may request the local authority to enforce the
observance of speed limits and traffic-control devices on his property,
providing the property has been posted in accordance with departmental
regulations.
The property of the gas station/convenience store is substantially less than one
acre. Not stopping at the stop sign for traffic exiting that property cannot be enforced
under Section 6113(b). Nor can defendant be convicted under Section 3323(b)
because the stop sign is not at the intersection of two highways for which authorities
may erect such signs u~der Section 6124. Accordingly, the following verdict is entered.
VERDICT
AND NOW, this ~. ! day of October, 1999, I find defendant NOT GUILTY
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99-1708 CRIMINAL TERM
of violating Section 3323(b) of the Vehicle Code. Costs on the County of Cumberland.
William Gabig, Esquire
For the Commonwealth
Timothy L. Day, Pro se
126 Meals Drive
Carlisle, PA 17013
Paula Correal, District Justice
Probation
:saa
By the ~ou ,rt~
Edgar~~l~ J.
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