What Information is REQUIRED on a Robic Stopwatch Speeding Ticket in PA?

[Ravenlocke]

What is the name of your state (only U.S. law)? Pennsylvania.

Ok here goes, I was pulled over the other night and the officer "claims" I was doing 49 in a 25, which is quite impossible seeing as how the white line starts literally 80-90 feet after the light I took a left turn at (from a dead stop it was red) getting my little 4 cyl car (1997 Mitsubishi Eclipse GS) to that speed over that period of distance would have required me to literally have the pedal to the floor and even then its not likely. I was however doing around 31-32 mph (it was floating) most of the road's in my town are 35 mph and the area where I was clocked with the Robic Stopwatch and pulled over had NO speed limit signs ANYWHERE in sight, I had to drive 1/2 a mile down the road to find one I seriously thought it was 35 as I'd never been in that area of town.

Now that is one factor I was wondering about, seeing as how there is NO speed limit sign ANYWHERE around the area where he was trapping can I fight that? And my 2nd question is in PA what information is required on the ticket? All he put on it was he checked "exceeding maximum speed limit" of 49 in a 25. Also it doesn't give me the distance, and time measurements ANYWHERE on the ticket, is that required? Can I get the ticket dismissed for him not providing that information? Any info would be greatly appreciated. If it can't get dismissed hopefully I can get a PA-3111A and get it reduced to no points. Please help!!! lol

 

[FlyingRon]

There are statutory speed limits that apply even if they aren't posted. For example, 25 mph is the limit in residential areas.

There should be a time and a distance. Maestro should be by soon with the details on the ticket.

 

[Ravenlocke]

There are statutory speed limits that apply even if they aren't posted. For example, 25 mph is the limit in residential areas.

There should be a time and a distance. Maestro should be by soon with the details on the ticket.

ALL of the speed limits in my town are 35, this happened in the next town over I had no idea of the local speed limits. Also could the distance and time traveled information NOT being on my ticket help me get it dismissed? Seeing as how I do not have the information I need to present my own defense in court, I have no information at all to present my case. oh and also I measured the distance between white lines myself and it was 100 feet, how accurate is Robic at 100 feet? On a side note this is a NEW Police Department, they just formed less than 3 months ago so they are infamous in this area for "trying to make a name for themselves and make their presence known"

And actually if my calculations are right, in order to clock me at 44 mph (70.81kph) at a distance of 100 feet, it would be 1.5496 seconds. Which is SOOOOO open to human error from what I've read right from Robic's website the error factor at 10 seconds is 5%, at 1 second its 50% so at 1.5496 seconds its like 44%ish that's a pretty high % for human error. When there is Human Error with a Robic stop watch its 48% (according to Robic officials) which would be .7438 which brings the total to 2.2934 which makes it a total of 29.73 mph which means I WAS NOT SPEEDING!! 5 mph or less in PA is not speeding.

 

[Maestro64]

I would say you can fight this ticket on many grounds. First and foremost and probably your best route is the ticket lacks all the required information on the ticket.

read 234 Pa. Code Rule 403.*Contents of Citation.

However, keep in mind this does not mean an automatic dismissal

234 Pa. Code Rule 403.*Contents of Citation.

They can amend or fix this ticket to meet the requirement, but they must do it in 30 days of the original violation.

Summary offenses involving vehicles - 42 Pa. Cons. Stat. § 5553 - Pennsylvania Attorney Resources - Pennsylvania Laws

Considering the hearings usually happen well pass the 30 day window, you could argue they pass the 30 day window in the law, however this is not an automatic win since there is case law on this and the courts have sided with the state and allowed tickets to be drop and a new one issued after the 30 days.

Your next line of attack should be the lack of posted signs, if you can show there is no speed limit signs after you make the turn then they are in violation of the law that signs must be placed every 1/2 mile or where the limit changes. Yes there are statutory limits like residential are 25 and urban districts are 35 which and a town is 35, but in PA if a road is not marked it is assumed to be 55. Have the officer prove the speed limit in that area was in fact 25 and not something else. Bring pictures and a diagram of the area showing where signs are or are not.

The next thing to attack is the paper work required. The officer is required to provide a number of documents to show the stopwatch is allow to be used, it was properly calibrated within 60 days of the ticket and it was calibrate at an approve testing facility in PA. Also attach the distance, who measure it, how does the officer know what the distance was, if he did not measure it who did does he have any documentation to back it up, if someone told him that is hearsay and not admissible. If he measure which what and was it calibrated. Attacking this distance is better than attacking the time.

Lastly, and most important, you can be ticketed for even 1 MPH over the limit, you will not get points but you still can be fined. The law states they can not issue a ticket if they use some sort of electronic system to measure your speed unless you are 10 over, but if you even admit you were doing 30 or 31 in court the judge will find you guilt, do not get sucked into the trap of admitting to any speed over the speed limit, they have to prove your speed you do not have to prove you were not speeding or even state your speed. If you are asked how fast you were going you say the speed limit. If they ask which speed limit the one that is posted, so they have to prove what was posted then.

Also, do not get into the reaction time discussion, it does not work and all it shows is that you could have been over the speed limit maybe not as much as they said but still over. Also the law takes this into account thus the reason for the 10 MPH buffer that is required to issue a ticket.

Depending on how things go, the officer may approach you and offer a 5 over and no points ticket. You have to decide whether you will be successful with the above or cut your losses and take the 5 over.

Good luck

 

[Ravenlocke]

Thank you

Thank you very much for the solid advice Maestro64, I really appreciate it and I'll get back to you with the outcome of my case, but if the officer does offer me a PA-3111A I will surely take it without hesitation. $100 isn't gunna kill me compared to the chance of losing and getting 4 pts on my license. Also I don't know if my trial will be within 30 days simply because my area is the one that was hit with that HUGE corruption scandal so judges are backed up like crazy. It might not be until after the new year even which would work out good for me.

 

[Ravenlocke]

Update!!!

I went to court today and the officer never showed so the case was dismissed. Thank you everyone for your solid info, and thank you Maestro64 for giving me a lot of info to research to build my case, I had a very good feeling I could have won if he did show up based on the info you gave me. I came fully prepared, luckily it didn't come to that. Again thank you all for all of your help.

Oh the judge also tried to trick me lol. He said to me "44 in a 25 eh? what was your hurry?" I said "I wasn't going that fast" he then goes "well how fast were you going then?" I said "The speed limit" lol he smirked when I said that. Then he said "Well since you say you were going the speed limit, and there is no officer here to say that you were in fact not going the speed limit, have a nice day".

 

[racer72]

You got lucky this time, nothing more.

 

[George1776]

Must have been 2 for 1 donut day , congrats!

 

[loulblades]

Good for you.

Shallow men believe in luck. Strong men believe in cause and effect.
Ralph Waldo Emerson

 

[Maestro64]

Yep it was luck the officer did not show, but it was not luck that the op knew not to fall for the judge's trick, it is call being prepared and that is how you win, because the wrong answer would have been your guilt please pay the clerk.

Congratulation, glad it worked out