PA 46MPH in 25MPH using Acutrak

[ace88]

What is the name of your state? Pennsylvania

My question involves a traffic ticket from the state of: Pennsylvania

I got a ticket this morning where the cop said I was going 46 in a 25. This surprised me, because the road before a small straight part is windy and I stopped and went slow to look at the creek. After the bend, I can see maybe I was going 35, but not 46, especially when I was getting ready to make another turn.

The cop used Accutrak. My issue is this. On the ticket, for miles timed, it says .027. Pennsylvania Code Law 3368 says "Speedmeters authorized - The rate of any vehicle must be timed on any highway by a police officer using a motor vehicle equipped with a speedometer. In ascertaining the speed of a vehicle by the use of a speedometer, the speed shall be timed for a distance of not less than three-tenths of a mile."

So my question is this. If the cop only had miles timed of .027, and it says the speed has to be timed for a least 3/10 of mile, would I win this case? Did this cop have a quick trigger since Accutrak, from what I am read, is like a stopwatch? Looking for any help as I know little about this. Thank you. Don't want 4 points and a $200 fine.

 

[Zigner]

Accutrak isn't a speedometer.

Also - you can't testify to your speed, as you admit that you really don't know how fast you were going.

 

[Zigner]

Pennsylvania Code Law 3368 says "Speedmeters authorized - The rate of any vehicle must be timed on any highway by a police officer using a motor vehicle equipped with a speedometer. In ascertaining the speed of a vehicle by the use of a speedometer, the speed shall be timed for a distance of not less than three-tenths of a mile."

And, just to be clear, the law doesn't say it "must be", it says it "may be" - here is the law:

(a) Speedometers authorized.--The rate of speed of any vehicle may be timed on any highway by a police officer using a motor vehicle equipped with a speedometer.  In ascertaining the speed of a vehicle by the use of a speedometer, the speed shall be timed for a distance of not less than three-tenths of a mile.
(https://codes.findlaw.com/pa/title-75-pacsa-vehicles/pa-csa-sect-75-3368.html)

 

[ace88]

If Acutrak isn't a speedometer, what is it? I have sites that say that it is. Can you describe how it works? The law doesn't say "may"

From ABC News:
"Pacing is a different method of measuring speed. Police essentially follow and match the car's speed and track it with a speedometer, which can be hooked up to the VASCAR system.
Pennsylvania law says if police are pacing you, they must track your speed for at least three-tenths of a mile in order to ensure accuracy. If the distance is shorter, the ticket won't hold up in court."

 

[Zigner]

If Acutrak isn't a speedometer, what is it? Can you describe how it works?

You are timed passing by two points that are a known distance apart (in this case, .027 miles). Once they have the distance and the time, it's a simple mathematical calculation.

 

[ace88]

So how can you say for sure a cop just wasn't trigger happy? Isn't that subject to human error? It's basically a stopwatch, right?

 

[Zigner]

So how can you say for sure a cop just wasn't trigger happy?

Because he is trained and unbiased.

Isn't that subject to human error?

Yep, but again, he is trained and unbiased.

It's basically a stopwatch, right?

Right.

 

[ace88]

Fair enough. But I just don't see how Acutrak is not a speedometer. It measures time and distance. It's called a speedometer in every review. And every ticket example I see has a miles timed of over 3/10 of a mile, expect mine.

 

[Zigner]

Look at the law section you cited. It is referring to speedometers mounted in vehicles. You know...the thing you weren't paying attention to...

 

[ace88]

It never actually says "mounted in vehicles." It says motor vehicle equipped with a speedometer. https://codes.findlaw.com/pa/title-75-pacsa-vehicles/pa-csa-sect-75-3368.html

 

[Zigner]

It never actually says "mounted in vehicles." It says motor vehicle equipped with a speedometer. https://codes.findlaw.com/pa/title-75-pacsa-vehicles/pa-csa-sect-75-3368.html

Don't be obtuse. If the vehicle is "equipped" with it, then it is mounted in the vehicle.

 

[ace88]

Don't be obtuse. If the vehicle is "equipped" with it, then it is mounted in the vehicle.

look I am clueless about speedometers. What is the difference whether Accutrak is mounted in the vehicle or not. Explain it to me in basic terms.

 

[Zigner]

look I am clueless about speedometers.

That is the crux of the matter, isn't it?

What is the difference whether Accutrak is mounted in the vehicle or not. Explain it to me in basic terms.

It's not mounted in the vehicle and, even if it was, the only portion that would be mounted is the stopwatch portion. A stopwatch alone is not a speed measuring device, it is simply a time measuring device.

 

[ace88]

I'd trust your advice more if you weren't so darn arrogant about it. Anyway, appreciate the responses. I will seek out some others though just to make sure you are trustworthy.

 

[PayrollHRGuy]

The 1/3 mile bit and the use of a speedometer is there for when they match speed with you and use their speedometer to get your speed.