Speeding Ticket in PA (5 over)

[FoolishOne]

Yup. Your standard stationary IO K band, no rabbit, 70 in 65. My main goal is to talk to the judge and ask if defensive driving will null the ticket.

However...

I am currently in Michigan for a few months. Is there a trial by declaration in PA? Something similar?

Thanks!

[DRS]

5 over PSL? Are you kidding? The officer must have been desperate. Maybe needed one more citation to meet his quota. Well, if you decide to fight the ticket, it'll be easier to fight a ticket going 5 over PSL than going 20 over PSL.

[FoolishOne]

You're preaching to the choir. I don't think it is going to be too hard to fight, also.

[hockey005]

DRS..thats PA for ya

[DRS]

Originally Posted by hockey005

DRS..thats PA for ya

sure glad Im not in PA.

[Maestro]

That is the easiest ticket to beat in PA that I have seen. Simply put, you can not be ticket in PA for less then 6 over when Radar is used. The judge will have to toss it, no ands ifs or buts about it. Read below

§ 3368. Speed timing devices.
(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 threetenths of a mile.
(b) Testing of speedometers.--The department may appoint stations for testing speedometers and may prescribe regulations as to the manner in which the test shall be made. Speedometers 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 test was made, the date of the test and the degree of accuracy of the speedometer shall be competent and prima facie evidence of those facts in every proceeding in which
a violation of this title is charged.
(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 (2) or (3) within a school zone or an active work zone.

However, I am thinking he cut you a break on the side of the road since 5 over is no points. I betting he got you doing faster than that and probably indicated on the ticket somewhere. However, if the only speed on the ticket is 70 in a 65 just show the judge that section of the vehicle code and ask for an immediate dismissal.

No TBD in PA you have to show, you can call the court and set your date further out, maybe he tagged you due to the out of state plate.

[FoolishOne]

The second I saw the lights I knew it was because I was out of state.

EDIT: I was actually doing 70. With no rabbit, I wasn't going above that. I had the CC on, too. Probably thought I wouldn't find out the PA code

[VicRod74]

He singled you out, because you were alone in a line. That's a hot target for the LEO's. Definitely should of used a rabbit. But I wish you good luck with the Judge. Sometimes if you make a good point they will dismiss or reduce the fine.

[FoolishOne]

Update:

Short: I "lost". They gave me the ticket for 5 over, $127 fine with no points. No points so I am happy. I'm just out the money. I don't think the insurance will see it, will they?

Long: They allowed a modified TBD. I sent in a letter that was read on my behalf at yesterday's court date explaining the zilch of tracking history/visual estimation and you can't issue a ticket for 5 over etc. Didn't work. The officer MUST have showed and said something out of his ass and got the judge to believe it.

I don't think its worth a trial de novo, or whatever. In a month, I will be happily in Texas, with no points, and a lesson learned.

[upstatedoc]

^^ Where in PA was this so I can avoid it like the plague.