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Continuance

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shelbyshoo93

Junior Member
I went to court today prepared to have the case dismissed because of the grounds upon how I received my ticket.

I live in Pennsylvania. As far as I'm concerned I believe it's illegal for cops to issue tickets when hiding or parked in residential areas; however, I'm not sure if this is 100% true. Is it? Regardless, the officer used VASCAR in an area with the distance under 50 ft. We all know this story, on how .1 of a second can make a difference between 5 mph. We also know that the average reaction time of a human is about .25 miliseconds. This given, the officer should not be able to say to me that he without a doubt had no type of delay in his reaction. Especially given the cars driving on the other side, and the reflections of guardrails, shadows, etc. I'm sure, if granted a good judge, they will dismiss the case because of the doubts and faulty equipment on behalf of VASCAR. I also have a list of every borough in pa and only a handful still use VASCAR. Every other borough says VASCAR is faulty and not entirely accurate. This being said I felt good about heading inside. I was wrong. The officer didnt show up and the judge attempted to bully me into pleading guilty, threatening me with points on my license. I didn't cave, so they said they will call a continuace. Upon coming home I'm reading the next schedule and it says verbatim, "Continuance requested by Shelby Jackson". Is this mis type a good reason for dismissal? Or do I actually have a good case?
 


shelbyshoo93

Junior Member
I will attempt to force him to recall clocking me under 45 mph which would make every

Pennsylvania law (Title 75, Section 3368) forbids a VASCAR speeding conviction—where the speed limit is less than 55 mph—if the VASCAR speed readout isn’t more than 10 mph over the limit.*
 

Ohiogal

Queen Bee
I went to court today prepared to have the case dismissed because of the grounds upon how I received my ticket.

I live in Pennsylvania. As far as I'm concerned I believe it's illegal for cops to issue tickets when hiding or parked in residential areas; however, I'm not sure if this is 100% true. Is it? Regardless, the officer used VASCAR in an area with the distance under 50 ft. We all know this story, on how .1 of a second can make a difference between 5 mph. We also know that the average reaction time of a human is about .25 miliseconds. This given, the officer should not be able to say to me that he without a doubt had no type of delay in his reaction. Especially given the cars driving on the other side, and the reflections of guardrails, shadows, etc. I'm sure, if granted a good judge, they will dismiss the case because of the doubts and faulty equipment on behalf of VASCAR. I also have a list of every borough in pa and only a handful still use VASCAR. Every other borough says VASCAR is faulty and not entirely accurate. This being said I felt good about heading inside. I was wrong. The officer didnt show up and the judge attempted to bully me into pleading guilty, threatening me with points on my license. I didn't cave, so they said they will call a continuace. Upon coming home I'm reading the next schedule and it says verbatim, "Continuance requested by Shelby Jackson". Is this mis type a good reason for dismissal? Or do I actually have a good case?
It is not a mistype. You wanted the continuance by not pleading guilty. Happens all the time.
 

FlyingRon

Senior Member
Your police officer isn't an "average human." I used to work at a NASCAR track backing up the electric eye timer for time trials. With a bit of practice those of us using stopwatches were within a few hundredths of a second consistently with the automatic timer. No reason why your officer wouldn't be under a tenth. As pointed out, the statute on the use of VASCAR specifies the threshold for using it on tickets and that is specifically to take into account the expected errors.
 

shelbyshoo93

Junior Member
Witness

Um. I thought I clearly put my case up there backed up by facts and with no ounce of hearsay. He incorrectly used the VASCAR, I have three different witnesses from different local boroughs that can attest to the faults of VASCAR and why no the borough but this one uses VASCAR. Also, diagrams and pictures of the environment to show why my presumed speed didn't excess to dangerous limits. I was speeding but within safe limits given the environment, weather, conditions. VASCAR can not be used when mildly speeding over the limit, which I was, and which is legal in PA when driving within safe conditions. There are no opinions in my case, all fact.
 

shelbyshoo93

Junior Member
Pennsylvania speed laws

I'll go to a mock trial. The people commenting are either cops, don't know how to read properly, or respond to late. Thanks anyways, happy trails!
 

HighwayMan

Super Secret Senior Member
... mildly speeding over the limit, which I was, and which is legal in PA when driving within safe conditions.
What is the legal definition of "mildly speeding"??

So you claim Pennsylvania has no per se speed limits?

Since you claim to have all the answers I don't know why you are here. Good luck in court.
 

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