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speeding ticket in PA. pacing Pennsylvania

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  • speeding ticket in PA. pacing Pennsylvania

    Hello all and thank you kindly for any and all replies.
    I received a speeding ticket from a trooper in an unmarked car with pacing as the speed detection used. Trooper noted i was doing 87 in a 55. Also noted followed me for exactly 3/10 mile .3 which he hadn't. At the time of him handing my license back i asked how fast i was going and he couldn't tell me nor did he issue me a ticket at that time said it would come in the mail.

    As a police officers word is gold even if he/she is lying i figured i only have the law on my side.

    Statute 75 PA CONS STAT 3368 notes that speedometers shall have been tested for accuracy within 60 days of time of alleged offense.

    The date equipment tested listed on my ticket is close to 90 days.

    Will this suffice enough to get this ticket thrown out once i go to court?

  • #2
    I don't believe we can say for sure what any individual judge might decide. You can certainly try using that as an "argument". You could also run it by a traffic law attorney.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    • #3
      The lack of current calibration may be sufficient to,call the number into doubt...but if you address it WO counsel I think you have low odds to,get it tossed...traffic court may be a bit like police are right until,proven wrong..you were speeding a bit..so judge pulss out a compromise number. And you plead to a lesser miles

      the only person I actually saw beat a PA ticket on a technicality was using skilled counsel,accustomed to,fighting such tickets ( no not me)

      For 87 in a 55 I would strongly suggest legal counsel.

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      • #4
        Originally posted by mrit View Post
        Hello all and thank you kindly for any and all replies.
        I received a speeding ticket from a trooper in an unmarked car with pacing as the speed detection used. Trooper noted i was doing 87 in a 55. Also noted followed me for exactly 3/10 mile .3 which he hadn't. At the time of him handing my license back i asked how fast i was going and he couldn't tell me nor did he issue me a ticket at that time said it would come in the mail.
        Well, let's look at the numbers here.
        87 in a 55 zone. 32 mph difference.
        1 mile at 55 mph is 1 minute 5 seconds, or thereabouts.
        1 mile at 87 mph is 41 seconds.

        Now let's do the logical math.
        3/10 mile at 55 mph is 19-20 seconds.
        3/10 mile at 87 mph is 12-13 seconds.
        Somethings makes me go "hmmm" over those numbers.

        Originally posted by mrit View Post
        As a police officers word is gold even if he/she is lying i figured i only have the law on my side.

        Statute 75 PA CONS STAT 3368 notes that speedometers shall have been tested for accuracy within 60 days of time of alleged offense.

        The date equipment tested listed on my ticket is close to 90 days.

        Will this suffice enough to get this ticket thrown out once i go to court?
        I am not a lawyer, but talking from experience.

        If I was in your shoes I would make a motion of discovery, requesting the make, model and serial number of the radar unit, and tracking the serial number you can find the age of the machine and it's maintenance/calibration records. And some way to verify it is the same unit used. Cops will sometimes switch out the older units for newer ones when a case is disputed. After the case is over, they sometimes put them back. Speeding is a huge revenue source, and older machines are more prone to error than the newer ones, however that also depends on the calibration as well. I would also add to the motion a request for the carcam video and audio. If there is audio, I would request a transcript.

        Once that's all done I'd read everything, watch the video, and the decide if I had a snowball's chance in the Sahara in winning. Because if there is video, I'd be in trouble. However, after researching the calibration records and manufacturers advisories for the radar unit, maybe the machine is out of calibration. If he personally followed me and clocked me and it's on carcam, then I'd just pay the fine and shut up. Because tacking on court costs can be pricey.

        But that's if it were me. Since it's you, I suppose you can do as you wish. Slowing down might be a good start, though.
        I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
        Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
        I also may not have been either sane or sober when I wrote it down.
        Don't worry, be happy.

        http://www.rcfp.org/taping/index.html is a good resource!

        Comment

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