Com. v. Karam, J.
1031 WDA 2016
| Pa. Super. Ct. | Sep 29, 2017Background
- Around 1:53 a.m., Trooper Downs observed two motorcycles accelerate rapidly from a stop sign and make loud noise; they approached an intersection with a blinking red light and "rolled through" it without putting feet down.
- While following, Downs observed the motorcycle operated by James Karam weave within the right travel lane and cross into the center lane multiple times over about one mile; the motorcycle carried a passenger.
- Just before making a right turn onto Duffy Road, Karam moved from the straight-only lane into the right-turn lane only at the end of the maneuver; video confirmed the late lane change.
- Trooper Downs initiated a stop for suspected violations of 75 Pa.C.S.A. §§ 3309 (lane regulation) and 3714 (careless driving); Karam submitted to a breath test showing .095% BAC and was arrested for DUI (75 Pa.C.S.A. § 3802(a)(2)).
- Karam moved to suppress the BAC evidence, arguing the stop lacked probable cause because the lane deviations were momentary/minor and posed no danger; the suppression court denied the motion, and the trial court convicted and sentenced Karam to six months intermediate punishment.
- On appeal, the sole issue was whether the trooper had probable cause to stop Karam for a Vehicle Code violation; the Superior Court affirmed.
Issues
| Issue | Commonwealth's Argument | Karam's Argument | Held |
|---|---|---|---|
| Whether trooper had probable cause to stop Karam for vehicle-code violations (careless driving §3714 and lane violation §3309) | Trooper observed sustained weaving, multiple centerline crossings, rolling through a flashing red light, and a late lane-change while Karam carried a passenger — these facts reasonably supported a stop for careless driving | The deviations were momentary/minor, created no danger to others (no other vehicles/pedestrians present), and thus did not supply probable cause for a stop | Stop was lawful: combined driving behavior supported probable cause for careless driving under §3714; concern for rider and passenger safety justified the stop |
Key Cases Cited
- Commonwealth v. Lindblom, 854 A.2d 604 (Pa. Super. 2004) (upheld stop for careless driving where defendant weaved and crossed lines; police may stop when safety of driver is at issue)
- Commonwealth v. Cook, 865 A.2d 869 (Pa. Super. 2004) (probable cause for lane-violation stop depends on whether movement was unsafe; minor deviations may be insufficient)
- Commonwealth v. Jones, 988 A.2d 649 (Pa. 2010) (standards for appellate review of suppression rulings and scope of record)
- Commonwealth v. Salter, 121 A.3d 987 (Pa. Super. 2015) (probable cause exists when criminality is a reasonable inference from officer's observations)