I
intheright
Guest
State: PA
Cited for speeding, 61 in a 45, while passing a bus -and- going down hill. Accutrax, 528 ft distance. Spotless driving record for 20 years and I'd like to keep that streak going. Very civil towards officer during the citation process.
Background:
PA Motor Vehicle Code, Title 75, Chapter 33, Section 3362, subsection (b)(1) states: "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."
I checked the section of the state road I was timed through and it is in violation of the above. It changes from 40 to 45 and the last 40 sign is not marked "end", the next sign is 45 which is not marked "begin" and the next 45 sign is 8/10ths of a mile away. I was timed between the first 45 and the next 45 sign 8/10ths of a mile away. I know the distance is 8/10ths based on my trip odometer in my car. Reset at the first 45 and viewed as I get to the next 45. I contacted the PA Dept of Trans and they verified that speed limit signs must be "no greater than one-half mile" but can not provide any info to me on the distance of the signs in question. I assume the local D.M. will not accept my odometer as proof. Local survey companies refuse to measure and certify the distance for me.
Questions:
If I state to the D.M. the above, who has the burden of proof that the section of road is in violation..?
Is there a motion I can file to force them to determine the distance before the hearing..? ( 5 weeks )
If it's me, how can I meet my burden in court..? Video tape..? Pictures..? GPS data..?
Thanks in advance for your help..!
-J
Cited for speeding, 61 in a 45, while passing a bus -and- going down hill. Accutrax, 528 ft distance. Spotless driving record for 20 years and I'd like to keep that streak going. Very civil towards officer during the citation process.
Background:
PA Motor Vehicle Code, Title 75, Chapter 33, Section 3362, subsection (b)(1) states: "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."
I checked the section of the state road I was timed through and it is in violation of the above. It changes from 40 to 45 and the last 40 sign is not marked "end", the next sign is 45 which is not marked "begin" and the next 45 sign is 8/10ths of a mile away. I was timed between the first 45 and the next 45 sign 8/10ths of a mile away. I know the distance is 8/10ths based on my trip odometer in my car. Reset at the first 45 and viewed as I get to the next 45. I contacted the PA Dept of Trans and they verified that speed limit signs must be "no greater than one-half mile" but can not provide any info to me on the distance of the signs in question. I assume the local D.M. will not accept my odometer as proof. Local survey companies refuse to measure and certify the distance for me.
Questions:
If I state to the D.M. the above, who has the burden of proof that the section of road is in violation..?
Is there a motion I can file to force them to determine the distance before the hearing..? ( 5 weeks )
If it's me, how can I meet my burden in court..? Video tape..? Pictures..? GPS data..?
Thanks in advance for your help..!
-J