Advice re: PA speeding ticket

[emmd2001]

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

Received violation for 50mph in 35mph zone. Officer claimed to have clocked going 62, but "cut a break and only citing for 50mph"

1st ever violation in 16+ years of driving.

On the citation, it states that the date of equipment testing to be 2/2009. Is this an area to have the citation dismissed?

Also, is it wise to fight the ticket on own, or to hire an attorney to do it for me? Would cost $400 flat for retaining counsel.

[Maestro64]

First what method was used to measure your speed, it should be on the ticket. Next when did you get the ticket, just recently? If the method used was Radar the calibration being form Feb is okay since Radar has 1 yr Cal requirement, any other method required the equipment to be calibrated in the last 60 days from the ticket being issue.

Generally speaking since only the PSP can use Radar they do not use it on 35MPH roads so it might be one of the other method common in PA, however, PSP from time to time help out local police using their Radar, but the local writes the ticket usually so that mean both have to show in court which usually does not happen.

[emmd2001]

Thanks, maestro64.

It was PSP and radar.

[Maestro64]

Well usually the PSP have their things in order not going to win on technicality. If it was one of those local operations where the PSP help out you might have some luck there since the local shows up in court and not the PSP.

[emmd2001]

thanks again.

guess that means fighting it on my own would be more difficult as well, which then leads to the bigger question... pay the "stupid tax" and move on, or pay an attorney to fight it...

[wookie353]

go in talk to DA plead not guilty.

if officer who gave you the ticket shows ask for a plea bargain.

if officer doesn't show ask for dismissal cause officer ( no witness to testify against you ) isn't here and you appeared in court and wouldn't be fair for you to drive back when they set ANOTHER court date.

if this is your first offense i guarantee they'll reduce it to some moving violation and say dont let it happen again. but if they're dicks and dont plea bargain try to no witness against you to testify thing.

[Maestro64]

There is no DA or ADA in PA traffic court, it is you, the office, and the judge, the officer usually acts as the DA which is total conflict of interest or the Judge will which again is conflict of interest.

Local police usually will approach you in court and ask why you are fighting the ticket if you give them a reasonable response like you do not want the points of you do not believe you were going that fast, they may officer a 5 over and no points option if you just plead guilty. However, the PSP tend not to do this since it not about money for them since the fines and fee go to the local town and court.

The problem here is the officer already gave a road side discount so it highly unlikely here will offer something less in court.

[emmd2001]

if i were to attempt to plea, am I correct in that there is no way they can try to INCREASE the penalty in court? If so, then perhaps there is nothing to lose but a couple hours time by giving it the old college try...

[Maestro64]

No one can predict what will happen in court, without a lawyer at hand a judge can do pretty much do what he wants since the burden falls on you to protect your rights, the court has not responsible to protect your rights.

The question would be did the officer write any notes on the ticket such as clocked at 62. If there is any indications the speed was higher the judge may increase the fine and points to the higher amount.

[emmd2001]

the only notation is the number "62" scribbled by itself in the lower portion of the ticket

[emmd2001]

Maestro - Do you have a link to the 6-month rule for calibration of the radar device? All the info I found on a google search stipulates 1 year.

Thank you, as this will likely determine whether to request a continuance to a date when I can actually appear, or to just change plea to guilty and be done with it.

Thanks again.

[glennon.jake]

had a car come into my lane couldnt see who it was so i sped up...again coming into my lane (me driving a motorcycle) so close i had to go into the 5 inches of road b4 almost going into the grass of the center of the highway...sped even faster to get away from. finally i could pull off an exit to be safe to get away from road raged car...still next to me on different side i went into grass to avoid being hit.. the car went around and hit me on my side...cracked a rib/contusions/and damage to my bike. i ran towards a business for help when i turned around it was a COP pointing a gun at me. a cop had been following me the entire time with sirens and lights on (he said)...if you have rode a bike u cant hear as well as a car. now being sited for multiple things....need help. should i sue him and the state for my damages and medical? plz help...time is important

[I_Got_Banned]

Originally Posted by glennon.jake

had a car come into my lane couldnt see who it was so i sped up...again coming into my lane (me driving a motorcycle) so close i had to go into the 5 inches of road b4 almost going into the grass of the center of the highway...sped even faster to get away from. finally i could pull off an exit to be safe to get away from road raged car...still next to me on different side i went into grass to avoid being hit.. the car went around and hit me on my side...cracked a rib/contusions/and damage to my bike. i ran towards a business for help when i turned around it was a COP pointing a gun at me. a cop had been following me the entire time with sirens and lights on (he said)...if you have rode a bike u cant hear as well as a car. now being sited for multiple things....need help. should i sue him and the state for my damages and medical? plz help...time is important

Start your own thread and give the name of you state, the statute you were cited for...