PA Traffic Ticket

[mike1295]

What is the name of your state? Pennsylvania
I was cited by a township police officer for doing 43 in a 25 mph zone. However, when I later went back, the road is clearly marked with 35 mph signs. He passed 2 after he pulled out and pulled me over. He told me he was going to cut me a break and only charge me with "failure to obey a traffic control device".

I checked in the PA Vehicle Code and it states that you may not be pulled over when the speed limit is under 55 unless you are going more than 10 mph over the limit.

Can the officer just dismiss the ticket to save us both from going to court? Is it worth trying to get him to do that?

Thanks,
Mike1295

[Zigner]

Originally Posted by mike1295

What is the name of your state? Pennsylvania
I was cited by a township police officer for doing 43 in a 25 mph zone. However, when I later went back, the road is clearly marked with 35 mph signs. He passed 2 after he pulled out and pulled me over. He told me he was going to cut me a break and only charge me with "failure to obey a traffic control device".

I checked in the PA Vehicle Code and it states that you may not be pulled over when the speed limit is under 55 unless you are going more than 10 mph over the limit.

Can the officer just dismiss the ticket to save us both from going to court? Is it worth trying to get him to do that?

Thanks,
Mike1295

Please cite the exact code section you were charged with. Also, just for kicks, post the code section that makes you think you can't be stopped if you're not 10 over...

[mike1295]

Thanks, I was cited with Code 3111 Section A.

The section of the PA Vehicle code that says you must exceed 10 mph is Code 3368 Section C.


(c) Mechanical, electrical and electronic devices authorized.--
(1) 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.
(2) Except as otherwise provided in paragraph (3), electronic devices such as radiomicrowave
devices (commonly referred to as electronic speed meters or radar) may be used only by
members of the Pennsylvania State Police.
(3) 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.
(4) 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 (2)
or (3) within a school zone or an active work zone.
Thanks,

Mike1295