316.1985 Limitations on backing.--
(1) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.
(2) The driver of a vehicle shall not back the same upon any shoulder or roadway of any limited access facility.
(3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
Sounds like if you hit something, you didn't make that movement "with safety".
Yes they can write you up based on the evidence (damage to the vehicles,etc...).