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PA Speeding Ticket by Radar Gun

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jamesmarshall

Junior Member
What is the name of your state (only U.S. law)? PA

Any help is appreciated. Here is the situation:
I was on a highway and clocked going 74 in a 55. The corporal that radar-gunned me was sitting in a Yellow PennDOT truck and radio'ed my description to another state trooper that was waiting about a mile down the road. The trooper got on a ramp to the highway, followed me about a quarter of a mile, flashed his lights, pulled me over, said there was a corporal in the PennDOT truck that clocked me going 74 and gave me a ticket.

I was on cruise control at the time at 68 mph so I know I was driving fast, but definitely not 74. I pleaded not guilty and my hearing is next week (Aug. 13th).

Questions:
On my ticket, it says I was pulled over "1397 feet north of unnamed road." Can I use this vague description in court somehow? I know exactly where I was pulled over and street names around it.

Also on my ticket, it said that the corporal that radar'ed me was in a marked car. Does a PennDOT truck count as a marked car? Wouldn't a marked car have to have some sort of markings indicating that it was a police car?

I don't have any prior moving violations and I'm going to bring my driving record to prove that. Should I bring anything else? Do I have to submit evidence to the court prior to my hearing?

Do I need to request the police officer to bring evidence of calibration or will he bring that anyways?

Also, since two police officers were involved, do they both need to show up or if only one shows up, can I asked for the case to be dismissed?

Thanks again for your help.
 
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FlyingRon

Senior Member
The officer who observed you speeding is the one that needs to appear. Your cruise control can not control maximum speed and your assertion that you were using it wouldn't be convincing even if it were true. The location issue isn't going to get you anywhere. 68 vs 74 is the same as far as the statute is concerned, so arguing this also isn't going to get you anything even if the judge decides to accept your confession.
 

jamesmarshall

Junior Member
Also, as I was getting pulled over, I saw three other people get pulled over as well by three different police cars. Can I ask the corporal who observed me speeding how he describes the cars to the other troopers and if he records them somewhere? Will that help?
 

seniorjudge

Senior Member
Also, as I was getting pulled over, I saw three other people get pulled over as well by three different police cars. Can I ask the corporal who observed me speeding how he describes the cars to the other troopers and if he records them somewhere? Will that help?
100% irrelevant
 

jamesmarshall

Junior Member
Maybe I don't know what subpeonaed means. I was issued a court summery notice. The police officer should be going anyways right? Who do/should I subpeona?

The court I have to go to is 3 hours away. What do I need to look at the file for?
 

seniorjudge

Senior Member
Maybe I don't know what subpeonaed means. I was issued a court summery notice. The police officer should be going anyways right? Who do/should I subpeona?

The court I have to go to is 3 hours away. What do I need to look at the file for?
If you want a trial, you must ask for a trial then you must subpoena whoever you want to be there.

If you want to make one trip, then go there early and look at the court file.

This is called "preparation."
 

jamesmarshall

Junior Member
I sent in my traffic citation pleading not guilty, which indicated that I wanted a trial. I also need to subpeona the police officer who obsevered me? How do I do that?

Can someone answer this question from my original post:
Also on my ticket, it said that the corporal that radar'ed me was in a marked car. Does a PennDOT truck count as a marked car? Wouldn't a marked car have to have some sort of markings indicating that it was a police car?
.
 
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jamesmarshall

Junior Member
In PA, do I need to subpoena both the observing officer and the officer that pulled me over to court? I was under the assumption that pleading not guilty to a traffic citation automatically required the police officers to appear in court.
 
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Maestro64

Member
In PA you do not subpoena anyone, it is the state responsible to make sure they have all witness against you there. Bad advice to tell you to subpoena the officers, why on earth would you do that, why would you help the states case against you.

Anyway, the only way the court will know that two officers were involved is if on the ticket the citing officer indicated both officers' names with their badge number so the court can notify them to show up. Some times the citing officer will make this note on the ticket not always. However, not having both names there does not mean they both will not show since the citing officer may notify the other officer you choose to challenge the ticket and ask him to come along.

No matter what both officer must show, but this does not mean that if only one shows that the judge will not try to ignore your right to confront your accuser and allow the other office to make hearsay testimony. You have to stand your ground and make the court honor your rights or they will stomp on them.

Yes the officer is required to bring all the necessary documentation that he used a properly approve device and it was Cal in the last year by a properly approve testing stations, without those three pieces of documentation the radar evidence is not admissible.

The only thing I am curious about is why the officer noted that the officer operating the radar was in a Marked Vehicle, and no a PennDOT truck is not a marked vehicle, PA does have on the books a laws they say the police can not do traffic enforcement in an unmarked vehicle this was not publicly disclosed to the public about the make and model that will be used in traffic enforcement. Since the officer who stopped you was in a marked vehicle that law does not matter. There is something there otherwise why even note that on the ticket.
 

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