Distracted Driving Attorney in Pennsylvania. Pennsylvania's distracted driving law under 75 Pa.C.S. §3316 prohibits the use of an interactive wireless communication device while operating a motor vehicle. The citation carries no points — but it creates a documentary record of distracted operation that opposing counsel will use against you in any civil claim arising from an accident at the same time and place. Attorney Sean Quinlan defends §3316 citations across central Pennsylvania. Call (717) 724-7503 | Schedule a consultation Title 75 Pa.C.S. §3316 — Prohibiting Text-Based Communication. Section 3316 is found in Chapter 33 of the Pennsylvania Motor Vehicle Code. It prohibits using an interactive wireless communication device to send, read, or write a text-based communication while operating a motor vehicle on a highway. Exceptions include hands-free use, GPS navigation in a fixed or dashboard mount, use by emergency services personnel in the course of their duties, and use to report a traffic accident, medical emergency, or criminal activity. Points, fines, and incarceration under §3316. Points: Zero — no points are assessed for a §3316 conviction. Fines: First offense: $50 fine plus costs. Subsequent offense: $50 fine plus costs. Incarceration: Section 3316 standing alone carries no incarceration. However, distracted driving that results in serious bodily injury or death can be charged as careless driving causing death under §3714(b) — misdemeanor of the third degree, up to 1 year incarceration — or reckless driving under §3736. In the most serious cases, aggravated assault by vehicle under §3732.1 or homicide by vehicle under §3732 are charged — both felonies carrying state prison time. Why contest a no-points citation. If you were involved in an accident at the same time you received the citation, a §3316 conviction is an admission that you were operating your phone at the moment of impact. That admission is the centerpiece of the plaintiff's negligence case against you in any resulting civil claim. The cost of not contesting a §3316 citation following an accident can be measured in six or seven figures in civil exposure — not $50. Defense strategies. Officer observation of phone use from a moving vehicle is inherently limited. We contest the officer's ability to observe the specific conduct prohibited under §3316, challenge the characterization of device use, and seek dismissal or reduction where the evidence is thin. Counties we serve. Adams, Cumberland, Dauphin, Franklin, Lancaster, Perry, and York County. The sooner we talk, the more we can do. Call (717) 724-7503 | Schedule a consultation Attorney advertising. Prior results do not guarantee a similar outcome. This site does not create an attorney-client relationship.