Commonwealth v. Genovese, 675 A.2d 331 (Pa. Super. Ct. 1996)

Cases | Commonwealth v. Genovese, 675 A.2d 331 (Pa. Super. Ct. 1996) | 2018

The defendant was convicted of careless driving and sentenced to pay restitution in the amount of $192.92 to the victim for damaging his car. The defendant appealed, arguing that the trial court abused its discretion by ordering him to pay restitution as part of a sentence for a violation of the Motor Vehicle Code, and that the order of restitution violated his right to due process because it thwarted his opportunity to litigate a civil action for damages. The court disagreed and affirmed the sentence, noting that amendments to the Crimes Code made it clear that restitution could be ordered for any offense punishable by a district judge. The court also noted that summary offenses, including those under the Vehicle Code, were punishable by a district justice. A district justice can order restitution up to the undisputed dollar amount of the property loss as long as it is less than the stated jurisdictional amount. Thus, restitution for property damage resulting from summary motor vehicle violations are not excluded under the Crimes Code. The court found further that restitution is neither a fine nor imprisonment. Thus, the Crimes Code applied to the penalty in this case. Finally, the defendant’s conduct was the direct cause of the property damage in this case, making restitution appropriate.