PC §708 - OPERATION OF A UNROADWORTHY VEHICLE
INFRACTION
(a) Definition
Operation of an unroadworthy vehicle is the act of driving or operating a motor vehicle that does not meet the required safety standards or is in a condition that poses a risk to the driver, passengers, or other road users.
(b) Elements of the Offense
The following elements must be met to constitute operation of an unroadworthy vehicle:
The defendant drove or operated a motor vehicle on a public roadway.
The motor vehicle did not meet the required safety standards or was in a condition that posed a risk to safety.
The defendant knew or should have known that the vehicle was unroadworthy at the time of operation.
Types of Unroadworthy Conditions
(a) Unroadworthy conditions may include, but are not limited to, the following:
Bald or excessively worn tires.
Malfunctioning brakes, steering, or lights.
Structural damage or rust that compromises the integrity of the vehicle.
Missing or improperly functioning safety equipment, such as seat belts or airbags.
Any other condition that makes the vehicle unsafe for operation on public roadways.
(c) Defenses
(a) It shall be a defense to a charge of operation of an unroadworthy vehicle if the defendant can prove that they were not aware of the vehicle's unroadworthy condition at the time of operation, or if they can demonstrate that they were coerced, misled, or otherwise not acting of their own free will.
(b) Lack of evidence of the vehicle's unroadworthy condition, such as expert testimony or documentation of recent inspections, may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as causing an accident resulting in property damage or injury to others, knowingly operating a vehicle with serious safety defects, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
NOT ARRESTABLE BUT CAN REFERENCE PC 707 IF DEFENDANT IS LETTING OFF UNDER THE INFLUENCE ATTRIBUTES.
FINE SET
$200.00
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