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speeding in pa

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dpwcu

Junior Member
What is the name of your state (only U.S. law)? Pa
I was issued a speeding ticket in pa by the PA state police. The ticket was issued on 1/5/2012. The radar device said it was checked on 1/16/2011. I believe this is a type-o on the ticket. Is this enough to have the ticket tossed or do I need to need to ask for the documentation. I do not want to tip my hand for the hearing, but I am not sure what i need to do. Also how, long to do the state police have to show documentation.
Thanks Guys!
 


dpwcu

Junior Member
From what I have been told, in Pa the radar devices must be recalibrated every 60 days. The ticket states it was tested on1/16/2011. My ticket was issued on 1/5/2012. That's almost a year between tests. Is that enough to have the ticket tossed or do I need more paperwork? I was told I don't need any other paperwork, but I want to be sure.
Thanks!
 

asiny

Senior Member
From what I have been told, in Pa the radar devices must be recalibrated every 60 days. The ticket states it was tested on1/16/2011. My ticket was issued on 1/5/2012. That's almost a year between tests. Is that enough to have the ticket tossed or do I need more paperwork? I was told I don't need any other paperwork, but I want to be sure.
Thanks!
You need PROOF of this. 'From what I have been told' is not proof.
 

dpwcu

Junior Member
the law in pa the states the radar devices must be calibrated every 60 days by an independent party. It must also be tested at the start of the each shift. Also states that trooper must be trained on that device and certified to use it with the correct updates.
What I am asking is, the ticket states that the device was tested on 1/16/2011. My ticket was 1/5/2012, well after 60 days. Can I assume the date on the ticket right and I am lucky. Is the date on the ticket enough to have it thrown out or do I need to ask for additional paperwork. If I need more paperwork, what do I need to ask for. I don't want to assume anything but I am hoping. Thanks everyone!
 

asiny

Senior Member
the law in pa the states the radar devices must be calibrated every 60 days by an independent party. It must also be tested at the start of the each shift. Also states that trooper must be trained on that device and certified to use it with the correct updates.
Please post a link where you are citing this information from.
 
Since you mention Pa 75 3368 read section d

... Electronic devices commonly
referred to as electronic speed meters or radar shall have been
tested for accuracy within a period of one year prior to the
alleged violation.
...

So obviously I must disagree with the 60 days although that is the case for other timing devices.

Also the PO must present the calibration certificate at the hearing along with judicial notice that the device and the calibration station are listed in the current PA Bulletin.

So there is no need to ask for it. If these items are not provided you should ask for dismissal after the PO gives testimony. You will need to have copies of the applicable case law to support your position.
 

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