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  #1  
Old 10-25-2003, 10:34 PM
robinzark
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contest to speeding ticket


What is the name of your state? pa - i was pulled over today for driving 40 mph in a 25 mph zone. i was very nervous because i never was pulled over before. the officer asked for my driver's license and i couldn't find it in my purse. he asked me my name and birthdate so i gave him my name and began to give him my birthday and forgot the year of birth. about 3 seconds later i remembered it and told him. he said,"you mean you don't know what year you were born in?" i said i'm just a little nervous. my 2 children were also in the car and i was upset because they were scared too. he proceeded to take my vehicle registration and wrote a $125.00 ticket. would my ticket be dismissed on the grounds that the officer did not see my driver's liscense? i found it when i got to my destination in my purse under a lot of junk.
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Old 10-25-2003, 11:11 PM
buterfligurl
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Unfortunately, he doesn't need your driver's license. However, in researching how to fight my own ticket, if the speed limit isn't posted at least every 1/2 mile, the ticket could be invalid. If the equipment used to issue the ticket hasn't been calibrated in the last 60 days, then the ticket is invalid(I'm assuming that the officer used VASCAR, as that seems to be the favorite, and also local municipalities are not permitted to use radar under a subsection of title 75). Also, check the bottom of the ticket. There should be information as to the distance and the amount of time required you to cover that distance that was used by the VASCAR equipment to calculate your speed. You should double check the calculation to be sure that the numbers agree. If they don't, then the ticket can be dismissed on those grounds. I have found in my whole experience with this though, that the speed limits are set with the express intent on raising revenues,and now I have decided to join the National Motorist Association and start lobbying to have some of these rediculous laws repealed.
Good luck to you
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  #3  
Old 10-25-2003, 11:22 PM
robinzark
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thank you for your reply. i cannot figure out what calculation method the officer used. he has the other box checked and has something scribbled that looks like ROV3K SC.808. would you know what type of method was used? there wer boxes for: radar, ESP, Vascar, Clocked, and A. O. V, none of these were checked, just the other box and then whatever was scribbled next to it. maybe i can figure an incorrect calculation if i can figure out how he did it. thank you!
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  #4  
Old 10-25-2003, 11:28 PM
buterfligurl
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Call the barricks of the municipality from which the cop is from. They should be able to tell you what that method was that he scribbled there. If he is not a state trooper, he is not allowed by state law to use a radar device, so definitely second check. Also, if the method used is not an approved method under Pa title 75, then the ticket is invalid
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  #5  
Old 10-25-2003, 11:32 PM
buterfligurl
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what county are you from in Pa? There may also be county provissions that may invalidate the ticket. Also, at the very bottom of the ticket (probably the part that you have to mail off with your plea and/ or your fine) there should be some numbers as to the distance and such. I can't see how he could have clocked you using anything other than a distance over time calculation, in which case he has to put the distance and time used to calculate the average speed at which you were travelling.
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  #6  
Old 10-29-2003, 04:50 AM
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The method used was most likely "Robic". It is a hand-held device, similar to a stopwatch, that operates the same as VASCAR or Tracker (the same thing as VASCAR, just a different manufacturer).

The fact that the officer did not view your driver's license is immaterial. This is a common occurence, and common practice is to obtain the driver's name and DOB and check it through PennDOT's computer to obtain the status, license number, and address, etc. In court, the officer merely needs to identify you in court as the operator of the vehicle.

Buterfligurl is correct on some accounts. Speed limit signs are required to be posted every 1/2 mile. The citation should contain all the calibration information (they device must be calibrated with 60 days prior to the offense), as well as the distance and time. Being experienced in operating these devices, I can assure you that a discrepancy in the time over distance calculation wil often only result in a miniscule difference in mph (usually not even a full mile per hour).

I'd be interested in exactly what type of "county provisions" would invalidate a citation issued under state statute**************
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