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PA speeding ticket question

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xpehbam

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

I received a speeding ticket in PA The ticket is not filled completely, It missing the information about the device type that was used to pull me over. None of the options checked (possible options are: Radar, Clocked, A.O.V., ESP, Vascar, Other) on the bottom ticket says
Robic *actual speed 54.500*
And it missing cells for 'Miles followed' and 'secs. Timed' The ticket was given for driving 54 in 35. THe was no way that I was going 54. Plus the date that equipment was tested is 6/24/2008 and the stop occured 9/7/2008. I heard that equipment should be tested every 60 days but I might be wrong
 


Hey There

Member
A start

xpehbam

Two websites with information on contesting a speeding ticket are
found by a Google search.
Speeding Ticket FAQ
Speeding Ticket--Fighting or Plea Bargaing
A local library may have some info on contesting a traffic ticket
as well as a court having a phamphlet on their rules.
Some lawyers give a one time consultation for a small fee OR no fee
to explain a driver's options.(Listed in the Yellow Pages.)

Best regards,
Hey There
 
3368. Speed timing devices.

....

(c) Mechanical, electrical and electronic devices authorized.--

Except as otherwise provided in this section, the rate of speed of any vehicle may be timed on any highway by a police officer using a mechanical or electrical speed timing device.
Except as otherwise provided in paragraph (3), electronic devices such as radio-microwave devices (commonly referred to as electronic speed meters or radar) may be used only by members of the Pennsylvania State Police.
Electronic devices which calculate speed by measuring elapsed time between measured road surface points by using two sensors and devices which measure and calculate the average speed of a vehicle between any two points may be used by any police officer.
No person may be convicted upon evidence obtained through the use of devices authorized by paragraphs (2) and (3) unless the speed recorded is six or more miles per hour in excess of the legal speed limit. Furthermore, no person may be convicted upon evidence obtained through the use of devices authorized by paragraph (3) in an area where the legal speed limit is less than 55 miles per hour if the speed recorded is less than ten miles per hour in excess of the legal speed limit. This paragraph shall not apply to evidence obtained through the use of devices authorized by paragraph (3) within a school zone.
(d) Classification, approval and testing of mechanical, electrical and electronic devices.--The department may, by regulation, classify specific devices as being mechanical, electrical or electronic. All mechanical, electrical or electronic devices shall be of a type approved by the department, which shall appoint stations for calibrating and testing the devices and may prescribe regulations as to the manner in which calibrations and tests shall be made. The certification and calibration of electronic devices under subsection (c)(3) shall also include the certification and calibration of all equipment, timing strips and other devices which are actually used with the particular electronic device being certified and calibrated. The devices shall have been tested for accuracy within a period of 60 days prior to the alleged violation. A certificate from the station showing that the calibration and test were made within the required period, and that the device was accurate, shall be competent and prima facie evidence of those facts in every proceeding in which a violation of this title is charged.

(e) Distance requirements for use of mechanical, electrical and electronic devices.--Mechanical, electrical or electronic devices may not be used to time the rate of speed of vehicles within 500 feet after a speed limit sign indicating a decrease of speed. This limitation on the use of speed timing devices shall not apply to speed limit signs indicating school zones, bridge and elevated structure speed limits, hazardous grade speed limits and work zone speed limits.


Make copies of both sides of your ticket. Send in the ticket with your fines/costs + court fee with Not Guilty selected. Make sure you send it in registered with return receipt requested.

At your hearing, let the officer do his thing then when it is your turn, respectfully request a dismissal based on the aforementioned code.

I would have other defenses ready however, that 6 might be an 8. The cal. certificate will be presented at the beginning of the hearing but you may want to try to get a copy ahead of time.
 

xpehbam

Junior Member
Thanks for the reply

Thanks for the reply. Very helpful. I already have no bottom part of the ticket, where the certificate was :( But i will try to do my best.
 

Maestro64

Member
Sorry I missed this one earlier. But if the time and distance is not recorded they have no evidence that clearly states what speed you were traveling. Robic is stop watch that requires them to enter the distance they time you over and they measure your time as you past two points on the ground and it calculated the speed. Plus you have a fact the device may not have been cal within 60 days prior to the ticket being issued

I think you can get this ticket tossed if you know what your doing.
 

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