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Speeding in PA

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sarah1963

Junior Member
What is the name of your state (only U.S. law)? PA When a PA State police officer uses a hand held radar gun, is he supposed to be stationary? Or is it okay for him to drive up behind you and radar you?
 


I am not aware of any approved radar that can be used while moving in PA. Look at the latest copy of the PA Bulletin to verify.
 

FlyingRon

Senior Member
Yes, it looks like you're right. They had an NPRM out to add moving radar a few years back but it looks like it was never adopted.
 

sarah1963

Junior Member
speeding in PA

I did look at the PA Bulletin, it said they are supposed to be stationary, and the radar should be tested every 60 days, it says on the citation it was tested on 01/27/2010. Does the PA bulletin mean calibrated or tested? Since it does say hand held radar I was under the impression the officer should tuned or tested before the officer takes it out on duty everyday, am I wrong to assume that?
 

HighwayMan

Super Secret Senior Member
How do you know the officer was USING the handheld radar set while he was moving??

Most people get nailed with radar or lidar WAY before they know what's going on or see any police activity.
 

sarah1963

Junior Member
speeding in PA

The citation says hand held, and the state trooper said it looked like I was going fast so he pulled up behind me and shot my vehicle with the radar. The officer told me how he did it. It was not between 2 points.
 

Maestro64

Member
Moving Radar is not approved for use in PA, PA never adopted this method since it is too unreliable as a method, to many things could interfere with getting a valid reading.

Second there is no hand held unit made today they operated in moving mode.

Last PA change the rule on calibration for Radar, it only has to be calibrated once every year not every 60 days.

Since it was a PSP who caught you, I highly doubt he would show up in court and stay he pulled up behind you and used a hand held unit on you. If you can get him to say this in front of the judge you could easily win this by asking the offer to prove to the court that his hand held unit is approved by PA while moving, which he can not since it is not approved.

Also, the officer is required to write in the ticket the exact model used since PA only approved various model for use, without that information on the ticket you can request the ticket to be dismissed since there is no way to prove after the fact he use an approved device which must show up on the bulletin. The officer is required to bring the bulletin to court to prove the device he used to measure your speed was approved. He is also required to bring the originally calibrated cert as well no copies allowed
 
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..... The officer is required to bring the bulletin to court to prove the device he used to measure your speed was approved. He is also required to bring the originally calibrated cert as well no copies allowed
I believe the officer only needs to give judicial notice that the device is listed in the current PA Bulletin (not actually present a copy). Also has to give judicial notice that the calibration station (listed on the provided cal. certificate) is also listed.
 

Maestro64

Member
I believe the officer only needs to give judicial notice that the device is listed in the current PA Bulletin (not actually present a copy). Also has to give judicial notice that the calibration station (listed on the provided cal. certificate) is also listed.

Actual there is PA case law, they have to produce the original since there is no Judicial notice due to the fact the document is updated periodically. They have to prove each time the device they use is still recognized as approved in PA.
 
I am curious which case you are referring to. In Nardei, Denny and Kaufman there are references to the Commonwealth asking the court to take Judicial Notice of the current PA Bulletin but I don't know that the actual bulletin was presented.

I would like to know which case mentions they must have the original of the PA Bulletin for the next time I have a hearing (As I am sure I will at some point).

Only one hearing that I attended was the PA Bulletin presented. It was a local PO and they were well prepared (which is why I took the 3111).

Thanks.
 

Maestro64

Member
I believe it is in Commonwealth v. Druschel and I think Commonwealth v. Gernsheimer talks about it.

I also read in other cases that the officer either failed to provide the documented proof and lost or did provide it and lost the case for another reason.
 

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