speeding ticket in PA

[mud707]

What is the name of your state (only U.S. law)? PA, I was pulled over for speeding yesterday supposedly doing 40 in a 25 mph area. I told the cop I didn't think I was speeding and he wrote me up for failure to obey traffic devices instead. I don't think I was actually speeding though and my boss was in the car in front of me and asked why I was pulled other and said there was know way since he was doing 25 and I was right behind him.
I went back through the same area later and noticed the speed limit sign has a sticker covering part of one number. My friend said to fight it since the sign is obscured by the sticker and they must be clearly marked. Is there any truth to that.

 

[Maestro64]

A 3111 ticket in PA carries not points and the least expensive ticket you get.

On you comment about the sign being obscured if you read section 3111 you will see this text

Proper position and legibility of device.--No provision of this title for which official traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic-control devices are required, the section shall be effective even though no devices are erected or in place.

Could you successful say because that one sign was in violation of the requirement the ticket is not valid, it depends in how well you present your case. I think the judge will ask if there were other speed limit signs, since it is required to have them posted ever 1/2 mile and at the beginning and end of a limit change.

Most likely they used VASCAR or a stopwatch and there is a whole list of other thing the police must do to win a case against you.

 

[racer72]

There are 2 things that make your sign issue and non issue.

1. If there is no speed limit sign or the sign are otherwise not legible, the statutory speed limit then becomes the law. In your state it is 25 mph except for highways and freeways.

2. If a traffic control sign is defective in some manner, the jurisdiction that owns said sign must be notified of the defect so it can be fixed. If the jurisdiction has had no notification (good luck proving they in fact did) of the defective sign, that generally is not a valid reason to ignore the sign. And again, the statutory limit would then be the effective speed limit in lieu of the limit designated by the sign.

 

[Maestro64]

There are 2 things that make your sign issue and non issue.

1. If there is no speed limit sign or the sign are otherwise not legible, the statutory speed limit then becomes the law. In your state it is 25 mph except for highways and freeways.

Actually PA has 4 statutory speed limits, 25, 35, 55, and 65, These depending on the road and how area the road is located is defined, 25 is only for residential.

2. If a traffic control sign is defective in some manner, the jurisdiction that owns said sign must be notified of the defect so it can be fixed. If the jurisdiction has had no notification (good luck proving they in fact did) of the defective sign, that generally is not a valid reason to ignore the sign. And again, the statutory limit would then be the effective speed limit in lieu of the limit designated by the sign.

I personally never found anything in the vehicle code that said the responsible authority must be notify of a traffic control device not meeting code in order for someone to lay claim to the above text I highlighted in the code. If the sign does not meet code then the section can not be enforce, no exception.