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  #1  
Old 03-08-2006, 05:53 PM
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3111a (OTTCD) defense for speeding?


What is the name of your state? Pennsylvania

citation for "obedience to traffic control devices. sec 3111 a

55 mph + in posted 35mph zone"


hey,

got pulled over last night for speeding, however, i was being very carefull as to my speed (35 mph zone, i was going between 40 and 45 the whole time), before and during the observation of the officer. what can i do? its my word against his. i mean, i cant go into court and say, well i was going between 40 and 45 the whole time, because technically thats speeding in itself, accepted or not... guilty as charged.

the officer was really far behind me and had been at a total stop in a parking lot when i passed by him. i did some reading about this today, and it seems like an accurate speed can be visually estimated within 500 ft and anything more than that would be inaccurate. he was a good 2 to 3 blocks behind me when he turned his lights on after following me for at least a quarter to a half of a mile.

on the citation its listed that he used clocking. how could he clock me from that far behind me. im just really mad because i feel like i have no resort but to plead guilty, as again, its my words against his. my father used to be a cop and he always told me how in situations where everything is speculative, no radar, pacing, etc, the judge will side with the prosecution. id like some advice if theres any that could be offered. i would greatly appreciate it.

john

Last edited by digit3l; 03-08-2006 at 05:56 PM.
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  #2  
Old 03-08-2006, 08:03 PM
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Join Date: Feb 2006
Location: Philadelphia, PA
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I believe that particular offense is a no-points offense in PA, so you might as well pay the ticket. You could try to get it reduced to 5-over-the-speed-limit but that probably won't save you much money.
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  #3  
Old 03-09-2006, 08:54 AM
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Join Date: Apr 2005
Location: PA
Posts: 160
3111 Failure To Obey is the "get out of jail free" card for speeding in PA. There are no points assigned, just that fine. If you are stopped for speeding in PA, try your best for a 3111.

Quote:
well i was going between 40 and 45 the whole time, because technically thats speeding in itself, accepted or not... guilty as charged
Actually in PA, that is technically not speeding, unless there are special circumstances like school zone or construction zone.

Quote:
an accurate speed can be visually estimated within 500 ft and anything more than that would be inaccurate
You said he clocked you. Did he fill in the serial number of the device? In PA, the courts have determined that visual estimation of speed is insufficient except, again, in a few special circumstances.

The 3111 is kind of the double-edged sword, it gives a "break" to the driver to avoid points but I am of the opinion it is a quick money maker because there is less of a chance someone will fight it since there are no points involved.

Although I would never plead guilty to a speeding ticket (at least not without negotiating), I would consider just paying the fine on a 3111 and forgetting it.
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"Look: here's the thing about law and technicalities. Law is a technical discipline. Like any science, it is a body of doctrine that is technical..." - Jeremy Waldron, Professor of Law
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  #4  
Old 03-12-2006, 04:32 PM
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Join Date: Nov 2005
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Aside from the argument that it's a quick money maker, the officer basically gave you a break by writing up the ticket as 3111a. As it has already been said, it is a no point ticket that is OFTEN given out in court (especially in Philadelphia) when someone goes to contest a more serious traffic ticket (like speeding). Unless you can prove that you weren't speeding, which you already admitted you were doing slightly, just pay it and realize that you got out of having to go to court to hope for a break and a reduced speeding violation to the one you received in the first place.
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