Burden of Proof..?

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

[racer72]

Your post brought up some good discussion around the office but as a group, we agree with that your defense as stated does not offer a plausible reason for dismissal of your citation. The question passed around was "Does the absence of a speed limit sign authorize you to exceed the safe design limits of the road?" The answer is no because virtually all government entities that have jurisdiction to control the speed of the roadways also have laws in place that call for a maximum speed if no speed limit signs are posted. I would be willing to guess that if you check the PA state laws as you have done, you will also find a law concerning the maximun speed on roads and highways if there is no posted speed limit. In my state the maximum speed allowed in unposted areas in 45 mph for divided highways. From there is drops to a low of 15 mph for undeveloped dirt roads. But as a possible defense, does your state allow for exceeding the speed limit when overtaking and passing on two lanes roads? You do not state what type of road you were on. It is legal in my state a may be in yours.

Thanks for the reply..! I'll see if I can answer some of your questions.

You can find all of the "PA Rules of the Road" at the following link:

[url]http://members.aol.com/StatutesPA/75.Cp.33.html[/url]

Specifically, § 3362 sub(a) speaks to maximum speed limits, § 3363 and § 3365 may be of interest as well. Also, §3303,05,06,09 and 11 talk about overtaking on the left, which is what I was doing when I was clocked.

The type of road was a 4 lane ( 2 each dir ) divided highway that uses those concrete barriers you see in most construction areas as permanent dividers. Time of day was 7:26 pm, sunny and clear and the road conditions were normal.

Now, I understand the office argument concerning an unmarked roadway, but this is -not- an unmarked roadway, it is marked but not marked correctly and thus in violation of § 3362 (b)(1). IMHO...

Thank the folks in the office for me..!!!

-John