speeding ticket VASCAR

What is the name of your state? Pennslyvania

I got pulled over on 9/11/2003 for a speeding violation. I am scheduled to fight the ticket on 10/28/2003. The method used was VASCAR, but I'm not convinced that the officer could have resonably started the VASCAR unit properly as he was sitting behind an embankment. I'm going there today to check if the first line is visible from that vantage. Also, is there anything against being hidden from plain view of the motorist till too late, or the fact that there were no signs posted indicating that it was a VASCAR enforced area. The local municipality was Findley Township and the accused rate was 50.4 mph in a 35 mph

[lwpat]

"behind an embankment. I'm going there today to check if the first line is visible from that vantage."

Waste of time. The officer is going to testify that he had a clear line of vision. I note that nowhere in your post did you deny that you were speeding.

" Also, is there anything against being hidden from plain view of the motorist till too late, or the fact that there were no signs posted indicating that it was a VASCAR enforced area."

No.

Since it is a city officer get to court early and try to negotiate with him to reduce to citiation in return for payment of the fine.

Just to add to this statement:
"there were no signs posted indicating that it was a VASCAR enforced area."
That's what speed limit signs are for. All speed limit signs are there to notify motorists of the legal speed limit, and driver's ed should have taught you that speed limits are enforced.

[annefan]

In addition, vascar lines are visible, as they are white, painted lines laid across the road lane, unless the vascar is set up in an unmarked area, in which you will find neon orange cones set up. Perhaps you were going to fast to notice them.

No, I don't deny speeding, however, I was doing 45 according to my speedometer. After doing much research, I've found that in an area where the posted speed limit is below 55, a motorist cannot be pulled over using any mechanical or electrical speed monitoring devices unless they were speeding over 10 miles in excess of the posted speed limit.

75 Pa.C.S.A. 3368(c)"...no person may be convicted upon evidence obtained
through 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."

So this leads me to believe that either
a) my speedometer is off
b) the officer didn't begin the VASCAR device precisely at the begining white line
c) the VASCAR device itself hasn't been calabrated recently or
d) human error occured when the officer operated the VASCAR equipment

The only reason I ask about the posting of how a speed limit is enforced is an area is that my father claims that there is a provision in title 75 that requires that each area must post how they enforce the speed limit or the citation is null and void. I was just hoping that perhaps someone had used this more recently than my father and remembered the exact chapter and subsection of title 75 where I could find this, as I have come up empty handed thus far.

[lwpat]

"my speedometer is off"

You can check it by timing yourself between milemarkers on the interstate. If it is off have a certified mechanic give you a statement and the judge may dismiss.

Thank you so much for the valuable information. I'll use your suggestion to check my speedometer.

[Bravo8]

Human error is neglible, if it occurs at all. I realize that your hearing was yesterday, but the officer would most likely argue the point of anticipation versus reaction. Anticipation of the vehicle's arrival at the first point of reference all but eliminates the human error factor. If need be, I could further demonstrate the absolutely miniscule difference in speed calculation if the officer was late on activating the speed timing device. It's a simple mathematical calculation.

So how'd it go?