help with a robic ticket

[MrMackey39]

What is the name of your state? pennsylvania

I have a few questions about fighting this ticket, first of all I am accused of going 46.5 in a 25. There is no way I was going that fast, 35-40 maybe (it was 1 am on a wide road with a double yellow). The math on the ticket comes out to 51.5mph. If I argue this (i.e. It takes xx seconds to cross yy distance at 46.5, however I am charged with taking zz seconds, therefore I was not going 46.5) am I just going to dig myself a hole? Also, are police officers allowed to stage a speed trap from a private residence's driveway and do they need permission to do so? Where would I find such a law if it does exist? If I am going to argue this point, what is the best way to do it? There is no clear view from the only side street in the direction the cop came from which doesn't provide a view of the white lines painted accross the road (and he'd have to be sitting in the road with no headlights on anyway). The right side of the road is a solid curb with a shopping center behind it (the cop didn't come out of there because he was chasing me before I passed the exit). So, this only leaves the private residence driveways on the left.

 

[racer72]

Your post provides no valid defense for your citation. From your post the officer did nothing wrong. Your going to have to come up with a better excuse. I would suggest a consultation with a local attorney for more options.

 

[Esquire555]

plead 3111, you get no points, you plead guilty and you pay the fine. However, the judge is sometimes hesitant to allow such, unless he knows you already exprienced financial hardship, such as hiring an attorney. I go to court many times and see that Def's who are represented are more favored than those who are not. Talk to your local attorney who knows what he's doing.

 

[MrMackey39]

the charge at hand though is traveling 46.5 mph in a 25, if I can prove that I was not traveling at 46.5 mph with out admitting to a different speed, does that not create resonable doubt?

 

[needserioushelp]

How would you prove it? You'd have to have a documented time of when you left the house. You'd have to prove that you took the route you present to the court, ie you didn't veer off, make a stop, etc. There are soooo many variables to this defense ... I just don't see it being doable.

 

[MrMackey39]

no, there were two lines on the road and i was "timed" between them, the time and distance is written on my ticket, the calculation comes to 51 mph, but the ticket is for 46.5 mph...so clearly i could not have been going 46 in the amount of time and distance that i supposedly covered

 

[Esquire555]

I've seen too many people like you trying to prove a point. The point is that in the court of law you need evidence, and unless you're going to hire an expert and pay them $300 an hour for their time and go to trial, you are better of pleading down and just paying the fine. If you want to fight this ticket, you are looking at spending two days of court appearance and you would be foolish to go to court without an attorney, and even then your attorney is going to laugh at you and take your money to appeal the traffic court verdict. My advice is to ask the judge for a 3111 at the first hearing, otherwise, do as you say and you will see that the judge will laugh at you as if you were the first one to argue that in his court.

 

[MrMackey39]

If I do plead 3111 and it is denied, does the trial go on or is that it and I'm guilty? Also, if I go with 3111, won't it still be submitted to my insurance anyway? (I have the money for the ticket and that is not the issue, I don't want my insurance to go up as this is not a first offense)...I have another defense ready that has worked for a good friend of mine in a neighboring county so I figured it's worth a shot even if it is a long shot.

 

[Bravo8]

First off, you can't "plead 3111". Section 3111(a) of the Vehicle Code is "Obedience to Traffic Control Devices". You may be able to ask the officer to allow you to plead guilty to this section instead of 3362 (which is speeding). In some courts, the Judge may allow you to plead to that instead even without the officer's approval (although I'd say it's unlikely).

If you ask for a plea bargain to a lesser charge, and the officer or Judge refuses, you can either plead guilty to the original charge or take a hearing on the original charge.

You could try to argue that the number don't add up, but double check and triple check your math. Additionally, since the officer doesn't do manual calculations, how would you explain the discrepancy. Either the machine is wrong (which is going to be difficult to show if the calibrations are up-to-date), or the officer wrote you for a lesser speed, thereby reducing your fine and points. If the latter is the case, then own up to it. Nothing burns my hide more than someone who doesn't appreciate the leniency shown to them by an officer.

As far as the driveway, it is perfectly legal for the officer to operate from private property. There is no law exempting the violator simply b/c the officer didn't get prior permission from the resident, although common courtesy would dictate you would ask before parking your car in someone's driveway. Regardless, it has no bearing on your citation.

IMHO, hiring an attorney is pointless for traffic court in most cases. But hey....it's your money. I've seen some great criminal defense attorneys who I respect try to argue a traffic case, and I haven't been too impressed. Understand not too many people hire attorneys for traffic trials, so it isn't routine for the lawyer (unless perhaps it's a specialty of theirs....). I on the other hand have to appear at every hearing for one of my citations.

 

[Robbie0723]

Being a former calibration technician, part of the calibration of the timing device may include a calculation of the uncertanity of the measurement. For example, if the accuracy of the timing device is +- 10%, the reported speed should be 90% of the measured speed to make sure you are not penalized or measurement inaccuracy.

If this is so, you could look a little silly in court and score a quick and easy guilty judgement.