worldfamoussam
Junior Member
I am a licensed Pennsylvania driver who was driving in Delaware and was stopped for speeding by a state trooper. The ticket was written for 70 mph in a 65 mph zone and carried a fine of $60.60.
I understand that under the DLC, member states are supposed to post out of state convictions as if such an offense had been committed in a driver's home state. However, a ticket for 70 in a 65 in Pennsylvania would not be legal under section 3368 of the Pennsylvania Vehicle Code which states:
(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
(2) or (3) within a school zone or an active work zone.
Because 70 in a 65 if only five over, Pennsylvania does not consider my ticket in Delaware a violation. However, I am afraid that they may post this to my driving record anyway.
Does anyone with experience on the subject in this state know how this might work?
Also of note: The "observed speed" on my ticket was substantially higher than 70 mph. Will Pennsylvania see this? Will they take action according to the observed speed as opposed to the "charged" speed for any reason?
I understand that under the DLC, member states are supposed to post out of state convictions as if such an offense had been committed in a driver's home state. However, a ticket for 70 in a 65 in Pennsylvania would not be legal under section 3368 of the Pennsylvania Vehicle Code which states:
(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
(2) or (3) within a school zone or an active work zone.
Because 70 in a 65 if only five over, Pennsylvania does not consider my ticket in Delaware a violation. However, I am afraid that they may post this to my driving record anyway.
Does anyone with experience on the subject in this state know how this might work?
Also of note: The "observed speed" on my ticket was substantially higher than 70 mph. Will Pennsylvania see this? Will they take action according to the observed speed as opposed to the "charged" speed for any reason?