• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Need help!!!**************Enradd ticket 53 in 25!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

rjk2k7

Junior Member
What is the name of your state? PA

Well boys the longeye of the law has finally screwed me over! After 5 years of perfect driving I got my first ticket today. The cop got me doing 53 in a 25!(ouch 5 points and $165 later) Could you guys help me at all on how I could beat this sucker in court? I have been looking for hours all over the net and there is not much out there on this other than they only use it in 2 states. I never hurd of this before and much help would greatly be apricated. Worst part of this whole thing was on the stright away where they got me never has there ever been a cop before!:mad:
 
Last edited:


The Occultist

Senior Member
Wow, I guess that's the American way, right? Only follow the law until you think no cops are around? Nice.

Anywho, even if you haven't been able to find much about ENRADD online, there are actually quite a few threads on this board covering that topic. Some minimal searching of this board should yield those posts to you. I believe loulblades is our resident expert, or the nearest thing to it, in that area, so you may wish to search for posts made by him.
 
Last edited:

rjk2k7

Junior Member
Yes I know I have very little defense here thats why I am on this site trying to get some help! Also I do know cops can sit whereever they feel free to do so, I was just stateing it was very rare on that road, may I note the road went from a 45 to a 25 not like that matters. I would just like to see if i could prove the reading was off and get the case dismissed. As I live more and more in my town I find that it sucks, our cops now have doge chargers, magnums, and durangos!!
 

The Occultist

Senior Member
Yes I know I have very little defense here thats why I am on this site trying to get some help! Also I do know cops can sit whereever they feel free to do so, I was just stateing it was very rare on that road, may I note the road went from a 45 to a 25 not like that matters. I would just like to see if i could prove the reading was off and get the case dismissed. As I live more and more in my town I find that it sucks, our cops now have doge chargers, magnums, and durangos!!
The reading has to be off before you can prove it... :rolleyes:
 

Hey There

Member
If it involves computers, mechanics, Enradd there's room for errors

Message by Hey There on 8-24-2007 has been replaced.

Reading more information about Enradd found on the internet will reinforce remembering the facts about Enradd posted below.
For a start type in Enradd on Google and see what you find.

8-31 -2007

Enradd, a speed timing device, measures in mph that it takes a car to pass over two timing strips spaced five feet apart.
In order to give an accurate reading Enradd
1. Enradd must be installed by someone with certification validating their competency to do so..
2. An inspection must be done every 60 days at an approved station.
3. The inspection must include certification and calibration of all equipment including the timing strips of the Enradd device being checked.
4. A certificate from an approved station is required to show that the device was accurate.
5. Must be within 1 mph when compared with the oscilloscope/frequency counter
6. Accurate records must be kept to ensure that the inspection of the unit is kept up to date.
7. Enradd must be operated by an officer who has been trained to operate the Enradd unit correctly.
8. Should not be used within 500 ft.after a speed limit sign posts a decrease in speed.

Enradd can give faulty readings
By Improper installation,
By an inspection not done within 60 days of using Enradd
By improper use of the unit by the officer or officers.
By the unit being used within 500 ft. after a sign posts a decrease in speed.
By no certification from an approved station that the Enradd is accurate
Records of Enradd inspections not being kept up to date.

THE VEHICLE CODE (TITLE 75)
PART III. OPERATION OF VEHICLES
CHAPTER 33. RULES OF THE ROAD IN GENERAL
Subchapter F - Speed Restrictions.
§ 3368. Speed timing devices.
(c) Mechanical, electrical and electronic devices authorized.--
1. Except as otherwise provided in this section, the rate of speed of any vehicle may be timed on any highway by a police officer using a mechanical or electrical speed timing device.
2. Except as otherwise provided in paragraph (3), electronic devices such as radio-microwave devices (commonly referred to as electronic speed meters or radar) may be used only by members of the Pennsylvania State Police.
3. Electronic devices which calculate speed by measuring elapsed time between measured road surface points by using two sensors and devices which measure and calculate the average speed of a vehicle between any two points may be used by any police officer.
4. No person may be convicted upon evidence obtained through the use of devices authorized by paragraphs (2) and (3) unless the speed recorded is six or more miles per hour in excess of the legal speed limit. Furthermore, no person may be convicted upon evidence obtained through the 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. This paragraph shall not apply to evidence obtained through the use of devices authorized by paragraph (3) within a school zone.
(d) Classification, approval and testing of mechanical, electrical and electronic devices.--The department may, by regulation, classify specific devices as being mechanical, electrical or electronic. All mechanical, electrical or electronic devices shall be of a type approved by the department, which shall appoint stations for calibrating and testing the devices and may prescribe regulations as to the manner in which calibrations and tests shall be made. The certification and calibration of electronic devices under subsection (c)(3) shall also include the certification and calibration of all equipment, timing strips and other devices which are actually used with the particular electronic device being certified and calibrated. The devices shall have been tested for accuracy within a period of 60 days prior to the alleged violation. A certificate from the station showing that the calibration and test were made within the required period, and that the device was accurate, shall be competent and prima facie evidence of those facts in every proceeding in which a violation of this title is charged.
(e) Distance requirements for use of mechanical, electrical and electronic devices.--Mechanical, electrical or electronic devices may not be used to time the rate of speed of vehicles within 500 feet after a speed limit sign indicating a decrease of speed. This limitation on the use of speed timing devices shall not apply to speed limit signs indicating school zones, bridge and elevated structure speed limits, hazardous grade speed limits and work zone speed limits.
[Webmaster note: Section 3366 provides that every citation or complaint for charges of violations of speed provisions in this subchapter shall specify the speed at which the defendant is alleged to have driven and the applicable speed limit.]

________________________________________
The complete Pennsylvania Statutes are not yet available on the web. However, selected portions have been made available and can be accessed by CLICKING HERE. These statutes, though available instantaneously over the web, may not be the current law. Court decisions overturning them, later statutes amending them, and a host of other factors come into play when interpreting them. They are provided here as a resource. They should provide some information about the state of the law. However, a competent lawyer, who from other sources will research the law to insure what is current, should always be employed in matters of importance.
Visit/Return to Home Page of Pennsylvania District Court 15-4-04.
________________________________________
Speed Timing Devices / [email protected] / this webpage was last updated March 2001
Note: Read Title 75. more than once. Other explanations of how many ways Enradd can become inaccurate will then sound simple and will give you an idea of how Title 75 ties in with inaccuracies in Enradd readings.

Regards:
Hey There
8-31-07
 
Last edited:

Hey There

Member
Discovery

8-24-07

Check if Pa. has Discovery Rights for traffic tickets. If Pa. has, you can receive the officer's notes, video, Enradd and all evidence the citing officer plans to use in court by sending a written request to the police department and the D.A. (Certify with Return Receipt)
**********************************************************
If this isn't available you might want to file a Public Records Request to obtain the same material relating to your case.
**********************************************************

Some lawyers give a free or low cost consultation. Check the YELLOW Pages.
**********************************************************
 
First you need to send your not guilty plea in. Make a copy of the ticket first (top and bottom and back), send in the bottom half with your fine and $6 (if it is still that amount) and prepare to spend many hours in front of the computer researching.

As previously mentioned there are a number of threads here regarding this issue. Once you send in your not guilty notice, you will have some time to figure it out.

PS: A note of thanks to The Occultist. I wouldn't consider myself an expert in this but I have spent many hours researching and may have to spend the time to become an expert. Local PA police forces have really embraced ENRADD as a revenue generator, er I mean speed reduction/safety program or something like that, and I have little doubt I will get tagged with it again sometime.
 

rjk2k7

Junior Member
Thanks alot guys for all the info. As of right now my case looks pretty bad. The best I can hope for is some kind of deal but I realy dont think I can get it. I realy wouldnt care about the fine it is the points I am worried about. The only thing I think I could aruge about is I went back to the "crime scence" and there is a stop sign that is .2 miles from where I got clocked at. I find it realy hard to belive I got up to 53mph in a 93 automatic honda accord.
 

Hey There

Member
Check the Enradd etc.

1. You were cited for 53 in a 25mph. This isn't proof of guilt.You sign that you will appear in court, not that you're guilty of anything.
The Enradd reading could be wrong.
The officer may not show in court.

2. You can get a more correct EVALUATION and how to prepare a proper defence by going to YAHOO--Type in (Discovery rights in traffic ticket cases. )Click on #1 Traffic School Catalog.com which also has a Public Records Request form.

3. Check out the stop sign you mentioned.

4. Borrow from the library or purchase Beat Your Ticket Go to Court & Win ($21.99) by Attorney David W. Brown. Info from the traffic stop to appeal. Less than the $165.00 fine you stated and free if the library has it on hand.

Hey There
 

rjk2k7

Junior Member
Aight thanks for the info I am looking up numerous thigns all over the net I think it should help me out alot! I may note a friend of mines wife got a ticket in the exact same spot doing 56 in a 25, when she went to court to fight it they cut her a deal! Hopefully I can get the same thing, but I did go back to the road and it dose go from 35mph to 25mph, the 25mph has to be less than 500feet(if not its not over by much) from where they had the enradd setup. The only thing is I was going west and the sign is going east. Would that be good enough to bring up in court to get it dismissed or dose it not matter becasuse I was going west?
 

Hey There

Member
Consider this

8-27-07
1.The charge is 53 in a 25.

2.#8 Reply by loulblades tells you how to get started on your defence of not doing 53 in a 25.

3.Have you filed for discovery if available or for a request for public records?

4.Regarding Enradd are you ready to QUESTION
? the CALIBRATION
? the COMPONENTS
? the integrity of the CALIBRATION RECORDS
? the KNOWLEDGE, COMPETENCY, TRAINING
of the inspectors.
?the Installation of the EQUIPMENT.
5. Go to Google
TYPE IN BEAT YOUR TICKET Go to Court & Win
this gives a table of contents plus a partial review .
The book is available new for $14.95 at Amazon.com
A book in hand is a valuable resouce to learning .

Regards, Hey There
 
In PA, the prosecution (ie: officer) will present the calibration certificate at the hearing. Without the cal. cert., the ENRADD reading can be easily thrown out and the case dismissed (of course you have to request it). There are certain requirements for the cal. cert. (including correct info of course, approved calibration station, not a copy, no typed signatures, etc). Also judicial notice is required for certain items. Note: this is based on case law and you should know it before entering the hearing.

The magistrate will accept that the cal. station is credible if proper notice is given so be careful on getting on his bad side. This is not like a courtroom on "Law and Order".

As far as discovery is concerned, I have never done it for a speeding but I think there might be a few items to look for. One is the operators's manual. I mention this because I have seen discrepancies in the calibration requirements and what is on the ticket as far as distance is concerned. Possibly the officer's training certificate but it is a fine line to walk if you are trying to discredit the officer's training.

A note about the various books offered on line. I went to BeatMySpeedingTicket.com after receiving a ticket a few years ago (97 in 65). It provided a springboard to delve into it and find the necessary knowledge. It also changed my attitude in realizing that a ticket is an accusation, so to speak. Most of these books appear to be general in nature but provide a good place to start.

If you are not feeling confident in winning, at least meet with the officer(s) before the hearing to attempt to get a reduction (go for a 3111 if things seem amicable). You need to do this before the magistrate is involved.

Also good luck, it couldn't hoit.

PS: Where in PA did you get tagged?
 

rjk2k7

Junior Member
I got taged in easton pa, its a town close to alletown, but the acuttly spot I got the ticket is called college hill, which is partoled by easton cops
 

The Occultist

Senior Member
Coincidently... this the exact same book another user by the name of "Pugilist"... used to pitch.

Also coincidently, his last post was only a few days before your first.

Hmmmm. What's wrong with this picture?
Haha I agree, that is a mighty strange coincidence, but I never really thought of Pug as trying to pitch the book as he, if I'm recalling correctly, only stated to check it out for free at the library, and never actually suggested purchasing the book. Haha I don't really remember anymore :eek:
 

Maestro64

Member
What is the name of your state? PA

Well boys the longeye of the law has finally screwed me over! After 5 years of perfect driving I got my first ticket today. The cop got me doing 53 in a 25!(ouch 5 points and $165 later) Could you guys help me at all on how I could beat this sucker in court? I have been looking for hours all over the net and there is not much out there on this other than they only use it in 2 states. I never hurd of this before and much help would greatly be apricated. Worst part of this whole thing was on the stright away where they got me never has there ever been a cop before!:mad:
You might want to come here http://www.radardetector.net/ we have been having a long and length discussion about this topic and how to detect when these are being used and how to defend against them.

As someone pointed out, there is many steps the officer must take before he can enter into evidence the speed you were going. There is the cal cert, then the place who did the cal must be approved by the state, so they must show that cal station is in fact recognized by the state as approved to cal that kind of device. Also and most important there is PA case law that say they can not submit any photo copies of any of these documents, they must all be originals. Also, if a number of months past between the time you tagged you and hearing, many times they bring the wrong cal, they bring the most recent one not the one from the time they tagged you.

The other thing this setup usually have two police officer involved, so both must show and the usually do not, but if you let one officer testify and present the case you lose so you need to object and say hearsay.

Last be not least, this device has one serious flaw, it has two beams that cross both lanes and if a car is coming the other direction at the same time they could trip the second beam before you cross it. There by giving a false high speed. Likely by pretty low chance of it happening just right.

If you decide to come to the above site and fight this ticket, contact me there and I'll share all my PA stuff for fighting tickets
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top