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PA, 78 on a 65 interstate

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Viper17

Junior Member
What is the name of your state?
PA

Yesterday, I recived my first speeding ticket. I was charged with violating Title 75 § 3362 a(1.1). It was issued by a PA State officer using a radar gun. I belive it was speed trap since the officer that gave me the citation was parked half a mile away from me and signaled me to pull over. Also they were two different names on the ticket under the person who gave my ticket and the person who operated the radar. I plan on not pleading guilty and need some help on my defense. I'm only 19 and my major isn't in pre law. All the info I gather was from online n reading forums like these.

1) I read that PA doesn't require officers to appear for trial, but in this case won't they be require since at least two different officers were involve. Could I argue that since both the officers doesn't know if they actually caught the right car speeding? Or that they could be an error in communication between the two officers?

2) Title 75 § 3362 a(1.1). basically states that I cannot drive past 65 where the department has posted a 65-miles-per-hour speed limit. But Title 75 § 3362 b(1) states that speed limit is only effective " at the beginning and end of each speed zone and at intervals not greater than one-half mile." I measured the distance from the sign to place where the ticket said I speeded (using the speedometer in my car) and it was 1.6 miles. Could I aruge that since I wasn't in a 65 mph zone and that I was charged for speeding a 65 mph zone, the case should be dimissed?

3) If I could argue that i wasn't speeding in a 65 mph zone mentioned above, how would I prove it was greater than 1.6 miles? I couldn't find maps which had mile markers on it or should I try a different approach?

Thank you in advance to all who replies
 


S

seniorjudge

Guest
There is one defense for speeding and one defense only: that you were not speeding.

BTW, who told you I read that PA doesn't require officers to appear for trial?

How would you expect the commonwealth to prove its case?

Wouldn't this violate the United States Constitution, specifically the Sixth Amendment?

Are you saying that the commonwealth has to post a speed limit sign every 1/2 mile?
 

Viper17

Junior Member
Rule 454, PA Rules Crim. Pro. states that officers do not have to show up for the first trial.
Rule 462(c) PA Rules Crim. Pro. states that officers must show up at trial de novo on appeal

The way I interpret the speed limit sign is that is must be placed at every 1- 1/2 mile interval for it to be valid but I could be wrong

You can check out this page for the exact statue http://members.aol.com/StatutesP1/75PA3362.html
 

cjoeb

Junior Member
A tough one

viper
your interpretation is wrong about every half mile. you were arrested and released for section 1.1, which the half mile rule does not apply. look at the cut and paste below and read it very carefully. you need to look at section 2, not section 1.
your only defense is to attack the radar reading. since you aledgedly violated a state maximum of 65, a speed study will not help (or probably not even exist cuz you dont need one for state highway maximum).



(b) Posting of speed limit.--

1. No maximum speed limit established under subsection (a)(1), (1.2) or (3) shall be effective unless posted on fixed or variable official traffic-control devices erected in accordance with regulations adopted by the department which regulations shall require posting at the beginning and end of each speed zone and at intervals not greater than one-half mile.
2. No maximum speed limit established under subsection (a)(1.1) shall be effective unless posted on fixed or variable official traffic-control devices erected after each interchange on the portion of highway on which the speed limit is in effect and wherever else the department shall determine.
 

Bravo8

Member
The issuing officer is not required to appear at a summary trial, and the RoCP specifically state that this shall not be the sole basis for the dismissal of the charges. However, I know of no local magistrate that actually practices that. generally, no officer present equals a dismissal.

The likelyhood that both officers will appear at your trial is very high. You could of course argue that since the issuing officer was not the speed timing officer, that your vehicle was not the correct one. Make sure that the issuing officer wasn't also in a position to see you when the other officer clocked you.

Cjoeb is correct in stating that the 1/2 mile rule doesn't apply to 65 mph zones.
 

Viper17

Junior Member
Is it possible for me to reuqest for discovery? I don't know where the officer who had the radar was. Is speeding considered a civil or criminal offense in PA? If it is a criminal case, do I have the right to a speedy trial?
 
S

seniorjudge

Guest
Bravo8 said:
The issuing officer is not required to appear at a summary trial....
Some smart lawyer who has read the constitution of the United States could get this puppy killed.
 
Counting on Bravo8 to correct me if I am wrong. I must assume that Penn. has a "fellow officer" rule. When you think of it, how can a BOLO (for example) even work its intended effect without one officer being able to communicate official business to other officers?

As to whether you are entitled to a "speedy trial", again I must assume that the U.S. Constitution and the Pennsylvania Constitution apply to your traffic citation situation.
 

Bravo8

Member
Like I said, I've never seen it practiced. The issuing officer is always present.

There is no discovery on summary cases. There is case law on the issue, which I can't recall off the top of my head.

Traffic cases are classified as "Summary Offenses", and therefore are neither civil nor criminal.
 

Viper17

Junior Member
How can I find out where the officer was when he/she clocked me? Can I just call the police up n ask for it?
 

annefan

Member
Hey Viper
My husband drives a truck and loves to speed. :rolleyes:
When he gets a ticket he pleads not guilty and talks to the police officer before the hearing at the court house. He agrees to plead guilty to a 3111 which means no points but he still has to pay the fine. I think that is best thing you can do in your case.
 

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