Not Guilty Plea:

[realmccloy]

What is the name of your state? What is the name of your state? Pennsylvania, Washington County.

Recently a friend of mine received a speeding ticket and pleaded not guilty to the ticket. She was accused of driving 90mph in a 55mph zone. I was in the car and know that the speedometer said 70mph (we were using cruise control) and other cars were in front of us. We were basically cruising with other traffic.

The officer was very rude and matter of fact in his discussion with us, and of course wanted nothing of our contention that we were only going 70mph. I am sure that they hear this often, and I am also sure that most people will try to say anything to get out of a ticket. We were in a very large vehicle, (Lincoln Navigator) and 90mph would have been easily felt on this particular road.

Of course, at my insistance she appealed the ticket. The officer never showed up at the hearing. I was very curious to see the calibration records of his radar. Shouldn't this matter have been dismissed?

Instead, they lowered the ticket to 70mph which is better than the 90mph, but still is giving her problems with PennDot and points.

Any help in this matter would be greatly appreciated. Her time of appeal is running out.

 

[stephenk]

what does she want to appeal? she was still speeding right?

 

[Kaz the Minotau]

Does your friend have an accuracy certificate for her speedometer? If not you can't say that it was accurate. You are wasting your time on an appeal, because you admit to "70 mph". I will say that it, in my experience, was unusual that the citation didn't get dismissed since the officer didn't show up at the hearing. Maybe there are other circumstances that you don't know about. Who stopped you? State or Local police?

 

[realmccloy]

Yes, she still was speeding. The fact remains she was accused of speeding @ 90MPH. Theoretically, if she was only doing 50MPH she still would have gotten pulled over for 70MPH. My point is, his radar was incorrect and if there is an opportunity to save points then why not take advantage of the situation. If she would have been pulled over for doing 70MPH, she would have taken her lumps. This officer either was using faulty equipment, or a liar. One shouldn't have to go to court for something that they didn't do. If she wouldn't have fought the ticket, her driving privelidges would have been suspended for such an infraction. Granted, if she wouldn't have been speeding this conversation would not be moot.

In conclusion, I never said she wasn't speeding, I only said she wasn't speeding of what she was accused of, and that the officer never showed up for her hearing. Thanks for your effort though.

To the second reply: She doesn't have any certificates for her speedometer. She was driving a demo vehicle owned by a new car dealership while her vehicle was being repaired at their facility. She was on a MV355, but he didn't even ask to see it. It was a PA State Trooper that pulled her over. Thanks for your info!!

 

[realmccloy]

Hey Kaz, your experience was correct. After my post, I found out that she contacted an attorney. It should have been dismissed. She was informed that he was required to show up with some type of service records for the radar equipment. Again, thanks.

 

[Bravo8]

Wow....looks llike we have been invaded by drive-by sluts.

Anyway, she could always appeal the conviction to Common Pleas Court. Or did she plead guilty?

 

[DRN]

You also have a right to face your accuser. Statement, affidavit or police report will not suffice.

If he didn't show up, who was your accuser? It could have been dismissed right then - at least, a motion to dismiss could have been made.

I think that should be a part of any appeal.

My 2 cents.