Speeding in PA

[greenidgirl]

What is the name of your state (only U.S. law)? PA

I was pulled over for speeding 78 in a 55 construction zone. The officer listed the charge as other: special speed limitations active construction zone with workers present, however on the ticket the vehicle code section lists 3365 subsection (c) which according to the PA point system fact sheet is exceeding special speed limit for trucks on downgrades. The correct section number should be 3362. Which one will I actually be charged for? There is a difference in the points and possible suspension. The construction was on the southbound side of the highway while I was headed northbound. Can it be considered an active work zone if there is no construction on my side?

 

[Maestro64]

Well I would say you have a pretty simple case here, go to court, when they read the charges you similar state you do not own or operate a truck therefore you can not be guilt of the charge as sworn by the officer as accurate and true.

They might attempt to re-issue the ticket with the correct statue on it, and if you allow them they will, however, you could attempt to argue they are not allow since they are in violation of

Summary offenses involving vehicles - 42 Pa. Cons. Stat. § 5553 - Pennsylvania Attorney Resources - Pennsylvania Laws

It state they in convoluted way that they must issue the citation with in 30 days of the violation of the officer becoming aware that a violation has occurred, well they clock started ticking when he issued the first ticket and since PA it take them at least 45 to 60 days to bring a case to trail i would say they are hosed at that point in that section.

The question on the construction zone, was the road way divided or have a barrier separating each direction of travel, if that is true then the construction zone rule does not apply, since PA requires workers to be present and a number of other things. Read section 3326 of the same title 75 that you found 3365 in. it talks about construction zones. I would got back and take picture to show what it looked like since the Judge will have no idea.