hotbacon15
Junior Member
What is the name of your state (only U.S. law)? PA
I had my case yesterday heard before a magistrate in Montgomeryville. I do not dispute the math of the ticket. I was pulled over by Vascar 67 in a 40, but written up for 50 in a 40. I contested the ticket based on the following grounds.
1. The officer provided a calibration for the Vascar unit and a printout from the PA bulletin indicating the calibration station was official. I am not disputing the official testing station. I am disputing that he provided a photocopy of the document. I asked for a dismissal based on Com V Cummings. The magistrate was taken back and said she had no idea what I was talking about. I read some of the findings and immediately the officer said he made the copy and could authenticate it so I think I am SOL here. Is there any basis for dismissal when the officer authenticates the photocopy?
2. The officer admitted he used two white lines made by Penn Dot as the distance. I asked him how he knew that was the right distance. They referred to Penn Dot has those records. I asked for how Penn Dot measured that distance and where was the calibration for that method. Immediately, the judge told me I didn't have the right to ask for those records. I am familiar that if a cop uses landmarks or signs, it must be measured by a calibrated odometer or tape measure. However, what is the onus for lines drawn by Penn Dot? Is this grounds for appeal that those distances were not affirmed by the prosecution?
I had my case yesterday heard before a magistrate in Montgomeryville. I do not dispute the math of the ticket. I was pulled over by Vascar 67 in a 40, but written up for 50 in a 40. I contested the ticket based on the following grounds.
1. The officer provided a calibration for the Vascar unit and a printout from the PA bulletin indicating the calibration station was official. I am not disputing the official testing station. I am disputing that he provided a photocopy of the document. I asked for a dismissal based on Com V Cummings. The magistrate was taken back and said she had no idea what I was talking about. I read some of the findings and immediately the officer said he made the copy and could authenticate it so I think I am SOL here. Is there any basis for dismissal when the officer authenticates the photocopy?
2. The officer admitted he used two white lines made by Penn Dot as the distance. I asked him how he knew that was the right distance. They referred to Penn Dot has those records. I asked for how Penn Dot measured that distance and where was the calibration for that method. Immediately, the judge told me I didn't have the right to ask for those records. I am familiar that if a cop uses landmarks or signs, it must be measured by a calibrated odometer or tape measure. However, what is the onus for lines drawn by Penn Dot? Is this grounds for appeal that those distances were not affirmed by the prosecution?
Last edited by a moderator: