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  #1  
Old 12-30-2005, 02:56 PM
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PA Speeding Ticket


What is the name of your state? PA

I was driving down a highway the other night with my high beams on, and as I was turning at the intersection I noticed a cop so I turned down my high beams. I didn't see the cop sitting at the intersection prior due to a big house in the way. As I continued to drive, I noticed a cop was following me, so I was driving even more carefully. After following me for a good mile, he puts his lights on and pulls me over. He says he gave me a ticket for speeding back at the original intersection. On the ticket, it says he saw me speeding and then pulled me over at a completely different intersection, also it doesn't mention the fact that he followed me a good distance before pulling me over. Is there anything I can do, or should I just plead not guilty and hope I get a good judge who wants to give me a no points violation.
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  #2  
Old 12-30-2005, 03:39 PM
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What is the defense? Are you saying you were not speeding, or are you looking at technicalities that may get you free?
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  #3  
Old 12-30-2005, 03:43 PM
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Quote:
Originally Posted by BryanSI
What is the name of your state? PA

I was driving down a highway the other night with my high beams on, and as I was turning at the intersection I noticed a cop so I turned down my high beams. I didn't see the cop sitting at the intersection prior due to a big house in the way. As I continued to drive, I noticed a cop was following me, so I was driving even more carefully. After following me for a good mile, he puts his lights on and pulls me over. He says he gave me a ticket for speeding back at the original intersection. On the ticket, it says he saw me speeding and then pulled me over at a completely different intersection, also it doesn't mention the fact that he followed me a good distance before pulling me over. Is there anything I can do, or should I just plead not guilty and hope I get a good judge who wants to give me a no points violation.
Since you were speeding, plead guilty.

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.
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(1) Never tell everything you know.
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  #4  
Old 12-30-2005, 05:01 PM
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Quote:
Originally Posted by poohmantbb
What is the defense? Are you saying you were not speeding, or are you looking at technicalities that may get you free?
I can't say for sure what my speed was, but I highly doubt I was taking a sharp turn at 59mph. Now if the cop says I was doing 59 down the highway, that's impossible for him to see because the house that was on his right would constrict his view. A rader gun can't go through a house can it?

Besides I can't plead guilty, I don't need the points on my license. Hoping for a technicality. Also trying to figure out why he would have waited so long to pull me over. Also why he didn't pull me over as soon as he made his U-Turn
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  #5  
Old 12-30-2005, 05:12 PM
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Quote:
Originally Posted by BryanSI
I can't say for sure what my speed was, but I highly doubt I was taking a sharp turn at 59mph. Now if the cop says I was doing 59 down the highway, that's impossible for him to see because the house that was on his right would constrict his view. A rader gun can't go through a house can it?

Besides I can't plead guilty, I don't need the points on my license. Hoping for a technicality. Also trying to figure out why he would have waited so long to pull me over. Also why he didn't pull me over as soon as he made his U-Turn
Just giving you a little more rope?

Probably just checking your registration status and status (wants/warrants) of registered owner.
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  #6  
Old 12-30-2005, 06:27 PM
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Quote:
Originally Posted by justalayman
Just giving you a little more rope?

Probably just checking your registration status and status (wants/warrants) of registered owner.
That seems to be a long time IMO to check everything. This is the first time I've been pulled over outside of a speed trap.
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  #7  
Old 12-30-2005, 09:00 PM
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Quote:
Originally Posted by seniorjudge
Since you were speeding, plead guilty...
EXCUSE ME your Honor!!!

But I didn't see the OP say he was speeding anywhere in his post.
Isn't that called jumping to conclusions, and forbidden at the bench?


Oh..., and the cut'n paste stock answer. It's got to go. It's getting rather tiresome.
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  #8  
Old 12-30-2005, 09:38 PM
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Quote:
Originally Posted by FastLearner
But I didn't see the OP say he was speeding anywhere in his post.
And he didn't deny or present any opposition to it either, now did he? He asked chippy ass technical questions, which from a common sense perspective (as stated in the replies), says that he had guilt, but was looking for any assistance on arguing the ticket.

As for SeniorJudges "copy nd paste answer".... you'd be surprised how many people go to court and look like asses because they don't know how to act like adult, not to mention shower or dress. His advise should and probably is taken seriously by all those guilty, buit pleading "not guity", people.
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  #9  
Old 12-30-2005, 10:32 PM
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Quote:
Originally Posted by poohmantbb
And he didn't deny or present any opposition to it either, now did he? He asked chippy ass technical questions, which from a common sense perspective (as stated in the replies), says that he had guilt, but was looking for any assistance on arguing the ticket.

As for SeniorJudges "copy nd paste answer".... you'd be surprised how many people go to court and look like asses because they don't know how to act like adult, not to mention shower or dress. His advise should and probably is taken seriously by all those guilty, buit pleading "not guity", people.
It's good advice even for those pleading guilty. All that go to court should show some respect but at least feign respect lest they feel the total wrath of the court.
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  #10  
Old 12-30-2005, 10:53 PM
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Check the statute on the violation. It may already be a no points ticket.
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  #11  
Old 12-31-2005, 08:52 PM
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Quote:
Originally Posted by poohmantbb
And he didn't deny or present any opposition to it either, now did he? He asked chippy ass technical questions, which from a common sense perspective (as stated in the replies), says that he had guilt, but was looking for any assistance on arguing the ticket.

As for SeniorJudges "copy nd paste answer".... you'd be surprised how many people go to court and look like asses because they don't know how to act like adult, not to mention shower or dress. His advise should and probably is taken seriously by all those guilty, buit pleading "not guity", people.
To be honest I'm not sure if I am guilty or not. I mean if he caught me at the intersection like he says, there is no possible way I could be going 59mph on that turn. Atleast not without crashing into something or rolling the car. If he caught me at the intersection he wrote down, it is possible I was going that fast. It was 2AM, I just wanted to get home, I was roughly 5 minutes or so from my house, checking my spedometer wasn't my first priority.
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  #12  
Old 12-31-2005, 09:48 PM
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Quote:
Originally Posted by BryanSI
To be honest I'm not sure if I am guilty or not. I mean if he caught me at the intersection like he says, there is no possible way I could be going 59mph on that turn. Atleast not without crashing into something or rolling the car. If he caught me at the intersection he wrote down, it is possible I was going that fast. It was 2AM, I just wanted to get home, I was roughly 5 minutes or so from my house, checking my spedometer wasn't my first priority.
Well there is your defense. I never bothered to look at my speedo.

How can you even consider contesting this if you yourself have no idea how fast you were going?

Looks like your going to take the hit on this one.
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  #13  
Old 01-01-2006, 09:27 PM
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If the uncontradicted evidence is that you were speeding, then that's what the court will find.

Now there could be some sort of wierd technicality, but you don't mention anything that sounds like something.

I can sympathsize with your. Two of my four speeding tickets have been issued by Pennsylvania. You may want to read this rather amusing article about it in the mean time: [url]http://www.bbc.co.uk/dna/h2g2/A717518[/url]
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  #14  
Old 01-02-2006, 09:55 AM
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You didn't say how your speed was measured. You mentioned radar but is that what is checked on the ticket? There are several "weird technicalities" regarding radar in PA but you need to do the research to find them.

In any case Good Luck cause that helps too (ie: getting a decent magistrate, aka judge, to hear your case and an officer who doesn't cover all the "technicalities").
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My state: PA
I am not an officer of the court. All responses are based on my personal experience and/or research of other sources.
"Look: here's the thing about law and technicalities. Law is a technical discipline. Like any science, it is a body of doctrine that is technical..." - Jeremy Waldron, Professor of Law
"Chance favors the prepared mind" - Louis Pastuer
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  #15  
Old 01-02-2006, 05:09 PM
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Quote:
Originally Posted by loulblades
You didn't say how your speed was measured. You mentioned radar but is that what is checked on the ticket? There are several "weird technicalities" regarding radar in PA but you need to do the research to find them.

In any case Good Luck cause that helps too (ie: getting a decent magistrate, aka judge, to hear your case and an officer who doesn't cover all the "technicalities").
Radar was what I was told but VASCAR is what's actually marked. Pretty much everything he said and everything on the ticket are completely different. The only thing that stayed the consistant was the speed.

EDIT: ALso I noticed it has Statute P.S. 75 checked off on the ticket, I haven't found anything on PennDOT's site that relates to that. Also under Section it lists 3362 with the subsections (9)(3) listed yet I didn't see either of those subsections listed. And the fine amount is different on PennDOT's site then what is listed on my ticket.

Last edited by BryanSI; 01-02-2006 at 05:25 PM.
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