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Lies on citation, but it's my word vs. police captain's!

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Zeitgeistiest

Junior Member
This even occurred in Pennsylvania.

I was recently issued a citation for careless driving while in an active school zone while children were being crossed. An officer and his captain were present and the citation reports that the captain "jumped" into traffic at 8:52 am.

This is all true. Except for just about all of it.

The school zone 15mph flashy signal has a sign that says "active school zone from7am to 9am." I was pulled over by an officer standing in the middle of the road (he'd been standing there for about 100yards before I got there.). I was not speedgunned. The officer eyeballed my "speeding" (no more than 25 mph as it's a small road.). Also, there were no children present as they were all in school (at 9 am, they should be, school starts at like 8 am).

Can I fight the citation SUCCESSFULLY? I'm sure I did break the speed limit- but very minorly and it is the DETAILS of the citation that demonize me.

Please help! I only have a few days to decide whether or not to fight this!
 


Zigner

Senior Member, Non-Attorney
Let's see...
You admit to speeding within an active school zone, so what is your defense?
 

Zeitgeistiest

Junior Member
Sorry, I thought I had been clear enough: The citation states 8:52 am, a time that was fabricated by the officer so that the "infraction" would fall in the "active school zone" time frame. the ACTUAL time was ten minutes after 9 or so.

But how can I prove this when it is his word vs. mine?
 

Zeitgeistiest

Junior Member
The only way I could prove it was after nine is, to my legal knowledge, shaky: I listen to the news on the radio from 8:00 to 9 am. After 9, the channel goes to a jazz program. I was listening to jazz before i was stopped. But I don't think, even under oath, that this would hold up in front of the magistrate. Am I correct in thinking this?
 

ecmst12

Senior Member
You are. Your best hope is to go to court and see if you can plead to a lesser charge to avoid points on your license.
 

Zeitgeistiest

Junior Member
thank you for such a direct answer!

What about the fabrication of details not directly related to the infraction on the citation that make it sound like I was driving like a lunatic? Can I have them rescinded? Do they really matter, officially?
 

Zigner

Senior Member, Non-Attorney
thank you for such a direct answer!

What about the fabrication of details not directly related to the infraction on the citation that make it sound like I was driving like a lunatic? Can I have them rescinded? Do they really matter, officially?
Again, you ADMIT to driving to fast in an active school zone. If your defense was really that it was after 9, I'm sure you would have mentioned that in your first post.
 

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