speeding ticket & wrong speed limit on ticket

[stumpy001]

Hi all. I'm hoping you can give me some advice. This is for the Pittsburgh, PA area. Received a speeding ticket that stated I was doing 26 over the speed limit. The posted speed limit was 45. The officer entered 40. I have plead not guilty mainly to ask to pay a fine and not get the points. I've taken a picture of the area and it clearly shows the 45 sign. Does anyone know if the information on the ticket is incorrect do they have to throw it out?

[OP85063]

If it is, aren't you still doing 21MPH over the speed limit?

[stumpy001]

Yes, you are correct. My point in asking this question is to fully understand the law. I have no problem paying the fine, but I do want to pay the fine on the correct fine schedule. The change difference in the posting changes the cost and the number of points. However, you read about all sorts of cases getting thrown out of court or dismissed because the police made an error in the paperwork. I want to know exactly what my rights are so that I go in with the proper approach. That may mean asking for only paying the fine based on correct information and not applying points or throwing it out because the police officer entered incorrect information.

[Hey There]

stumpy001
The website Speeding Ticket FAQ has information on your ?
Scroll down to
Will errors on the ticket result in the charges being dropped?

Although whether or not a ticket with inaccurate information is enough to dismiss a ticket is at the judge's discretion errors on the traffic ticket certainly bring into question the officer's powers of observation.
A driver cited for a traffic violation has the option of entering a not guilty plea. What this means is the driver is asking that the charges be proved against him in a court of law or have his case dismissed.
The website Speeding Ticket--Fighting or Plea Bargaining explains the different pleas a driver can make when cited for a traffic violation.

Best Regards,
Hey There

[Maestro64]

No matter what you will have to take it to court. Even to get the PSL change and then have the fine adjusted accordingly, just how it works in PA. If the PSL was in fact 45 then the judge will note that on the ticket and adjust the fine and you will be done.

Here is the PA rule on defects on tickets

[url]http://www.pacode.com/secure/data/234/chapter1/s109.html[/url]

As you can see it is not an automatic dismissal unless you can somehow convince the judge the wrong PSL on the ticket create some sort of prejudicial to yours rights.