Introduction
One of the most frustrating things that can happen while driving is receiving a speeding ticket, especially when you were “just going the speed of traffic.” Many motorists believe that speeding tickets are impossible to fight because of how seemingly straightforward they are, but after you finish reading this primer, you will have an idea of some of the defenses that attorneys can employ to fight and beat a speeding ticket.
The Speeding Statute
In Pennsylvania, virtually all speeding violations fall under 75 Pa.C.S.A. § 3362. The statute says, in so many words: “Don’t speed!”. But a couple sections later in the vehicle code lie more rules, in 75 Pa.C.S.A. § 3368 (Speed Timing Devices). In § 3368 are regulations officers must abide by when determining a vehicle’s speed, and more importantly, when a reading from a speed timing device cannot be used to determine speed for a speeding ticket. Many tickets are dismissed because the officers do not follow the rules, and a careful parsing of the statute reveals many possible defenses.
Types of Speed Timing Devices, and Defenses to Them
There are three main types of devices that officers may use in order to determine a person’s speed: Radar, VASCAR/ENRADD, and the officer’s speedometer. If ANY of the rules below are not followed, a driver will have a solid case against the speeding ticket.
Radar: ONLY State Troopers are permitted to use radar guns to clock a driver’s speed. The radar guns must be calibrated at least once per year. A State Trooper may not record a person’s speed using radar within 500 feet of a sign indicating that a speed decreased. There is also a statutory “leeway” that says that a driver may not be pulled over if he was driving 0-5 MPH over the speed limit if the speed limit is 55 MPH or higher, and may not be pulled over if he was driving 0-9 MPH over the speed limit if the speed limit is less than 55 MPH. The 500-foot rule and statutory leeway do not apply in school and work zones.
VASCAR/ENRADD: VASCAR (Visual Average Speed Computer and Recorder) and ENRADD (Electronic Non-Radar Device) are different methods of calculating how long it takes a driver to drive past two separate markers, usually white lines painted on the road. Using VASCAR, an officer will wait for a car to come, and will use a stopwatch to manually determine how long it took the vehicle to pass between the lines. ENRADD is the same concept, but uses two electronic sensors, one at each white line, to accurately determine how much time lapsed. Both types of devices must be calibrated every 60 days. VASCAR’s weakness is in the human error that invariably exists in every speed calculation. Even though the officer must be certified to use VASCAR, human reaction time is anything but consistent. ENRADD also can give a false reading if the two sensors are not placed at exactly the same height. The same 500-foot rule and “statutory leeway” that apply to radar also apply to VASCAR and ENRADD, with the only difference being that the leeway with VASCAR is only 0-5 MPH at all speed limits.
Speedometer: The last type of mechanism officers will use to determine a driver’s speed is their vehicle’s speedometer. While the average car’s speedometer is reasonably accurate, police vehicle speedometers are required to be tested and calibrated every year. Also, the officer must have followed the driver for at least 3/10 of a mile for the reading to be admissible in court. Other factors can also be questioned by attorneys, including how far away the officer was, weather conditions, and whether the officer was distracted or multitasking. The 500-foot rule and “statutory leeway” do not apply to speed readings using a speedometer.
Other defenses: In addition to the rules and defenses above, there are some other general defenses available. Emergency is one, in that a driver was speeding because extraordinary circumstances required it. Another rule is that when the speed limit is less than 55 MPH, speed limit signs must be posted at least every half-mile.
We hope that this primer provides hope for any readers who have received a speeding ticket. In summary, many traffic tickets can be beaten if the device was not calibrated recently or other rules were not followed. Often, attorneys can negotiate a charge to a lesser offense. Here is the link to read more about traffic violations, and to speak to one of our traffic and criminal defense attorneys, contact us today.
63 comments:
I was stopped for going 44 in a 25. The problem is that I wasn’t going that fast. I went thru it again at 21-22. The officer said I was going 29. That was 30% faster than I was going. I have asked the police to let me go thru the next set up with them driving my car or sitting in my car or following and they said “no”. What else can I do?
You should definitely hire a good lawyer, plead not guilty, and either work out a deal that is closer to your true speed or educate the Judge about the margin of error for the speed timing device utilized.
Thanks. But how do I educate the judge. I know that there are various loopholes but the only thing I can think of is if I could go through an Enradd setup and video my speedometer and show it to the police.
I am trying to locate the township that will let me do that since the one in which I got the ticket won’t.
I just got a speeding ticket from an officer using an Enradd device. The thing is that I saw the device and looked at my speedometer. It read roughly 49 mph. Since I was in a 45 mph zone I was very surprised when I was pulled over and told I’d been going 64 mph and had hit the brakes hard going through the Enradd…..something I know I didn’t do. The officer claimed he had calibrated it that morning. How on earth do I defend against that?
First we would try to work out a deal which normally can be done in the areas where we practice. If that doesn’t work then we point out the potential defects of ENRADD and argue reasonable doubt.
Am curious your take on this. I was given a ticket today at a speed trap using Enradd. I did not think I was speeding and had no idea why I was being pulled over so I asked and the officer said I was exceeding the speed limit and that “Residents in the area are complaining that people are driving too fast. So our hands are tied and I have to give you a ticket.” The speed limit right there was 25 although that road is more like other roads in the area with 40-45 limit. I was told I was measured as going 30-something (I 4get the #) but the office wrote it up as 30 “so that you will not get any points”. The fine is only $35 but all of the costs drive it up to over $150!!! Do I have any grounds to plead not guilty on the grounds that it seemed the officer was apologizing about the situation and that had this been on any other local road, even also at 25mph, I would not have been given a ticket? Seems like the normal discretion an officer has to write a ticket or not might have been compromised by local politics??? Since the ticket is written in such a way that I get no points, it seems like there is no deal to be made (no points to drop) and the fine + unfair charges cannot be changed no matter what (???).
I agree that there might not be much to gain by pleading not guilty in this particular case. It depends in part upon the particular court, the officer, and the local politics at the time of the hearing. You can always contest the ticket on the merits but most cases are resolved by way of plea bargain to a lesser offense. Since this is still technically speeding in a moving violation even though there are no points, and your insurance rates could go up, you might plead not guilty and request that the citation be amended to a nonmoving violation like failure to exhibit a driver’s license. Best of luck. Steve
The officer used a V-spec timed me but he was pacing me for 0.2 miles only, in this case will the minimum 0.3 miles apply?
No, the 3/10 mile requirement is specific to pacing you with a speedometer, whereas V-Spec measures your time between two points of reference.
but how does the v-spec measure the distance? he was following me for about 0.2 miles on the road, he can’t pre-measure the distance, this number must come from the speedometer
I received a ticket with the officer indicating he had used a “Robic Sports SC-808”. In the “Date Equip. Tested” box, the date entered was almost 5 months prior to the incident. Am I correct that this alone invalidates the ticket based on the equipment not having been calibrated in the last 60 days?
I think you may be correct pursuant to 75 Pa.C.S.A. §3368(d) BUT be ready for the prosecution to argue that if the Robic can be classified as an electronic speed meter then it would only have to be calibrated once a year.
I received a ticket last week from a local police officer. When I was initially pulled over, the officer stated that they were doing aggressive driving enforcement. I proceeded to ask did I do anything wrong. He stated that the officer clocked me doing 72 in a 55. I 100% knew I was no going that fast and in a fluster, I blurted out that I wont argue that I was doing 60, but there was no way I was going 72. The officer went back to his cruiser and came back with a ticket for 5 over the limit and still noted the times I was clocked at.
The police had their enforcement set up that an unmarked cruiser was on an on ramp to the highway and three others were waiting to give tickets based on the unmarked cruisers readings.
The ticket says stopwatch, so I don’t know the official method they used. Is there anyway I would be able to plead not guilty to the 5 over even though I blurted it out?
You can always plead not guilty. The real question is whether you can win or not. If you can win then it might make sense to have a hearing. Otherwise you generally want to work out a deal. You could plead not guilty and appear at the hearing hoping to work out a better deal (5 over carries no points so it’s tough, although possible, to do better than that).
I got pulled over and cited for doing 73 (very reasonable speed) on a 55 highway. First off, it was almost midnight and I was the only car on the road so my reasonable speed was not a hazard to anyone or even myself. I was clocked using a stopwatch and the officer misprinted info; he entered 0.47 miles instead of 0.047 miles in the “miles timed” section and it took me 2.31 seconds to cover that distance. My biggest problem was that he used a stopwatch AT NIGHT to clock me. 1. How could he possibly have seen any painted lines on the road when it was pitch black except for my headlights? 2. The judge can correct the misprint in court, right? 3. Can I possibly get off because 0.047 miles or 2.31 seconds isn’t long enough to guarantee no errors in the calculated speed?
Unfortunately for you, whether you were a hazard is not an issue most judges will consider in speeding cases. The issue is did you exceed the speed limit (can the officer prove that beyond a reasonable doubt). I think most judges, at least with a lawyer present, would find you not guilty due to the officer’s mistake and the argument about the lines, assuming there were no street lights, etc. Also, you might be able to use that to work out a favorable plea bargain. Steve
I was pulled over and officer said I was driving 56mph in a 35 zone. He timed the distance on the ticket as 0.0057, but did not indicate how much time he timed me for. I know I did not drive that fast, I drove 42 (not 56). Without the amount timed how can he prove how fast was I going. Can I fight this and what are my chances? Thanks
Unless his device does the calculation for him I’m not sure how he can prove the case without revealing the time. You need to find out which device he used and whether he recorded any notes anywhere.
He used ENRADD
He used Enradd, but the whole thing felt sketchy. The only note he entered was that I disputed it.
My ticket states a VASCAR was used to determine speed and I was followed for a distance of 0.1932 being rounded off is 2/tenth of a mile. Does the VASCAR apply for the minimum of 3/tenth of a mile law?
No, VASCAR does not require that you be “clocked” for 3/10 of a mile – that pertains to police using a speedometer to measure your speed by following you at a steady pace for a minimum of 3/10 of a mile.
I was ticketed for doing 54mph in a 30. I was timed for .0437 miles over 2.9000 seconds by a VSPEC system that was tested on that same day. My complaint was that it was dark outside and the cop was sitting off to the side without his headlights on so how could he have seen the lines on the road other than my headlights. Also, at the top of the hill the speed limit is 45 mph and I know I was going 5 over at the top. When I descended down the hill I switched my foot to the break and began to break at the towards the bottom of the hill where I began to break because I knew it changed shortly after the bottom. Therefore I accelerated by 4 mph going down the hill and that’s where the cop was sitting and caught me. Do I have any fighting chance to take this case to court and plead not guilty before paying?
Often if you plead Not Guilty, especially with a good attorney, you can negotiate a plea to a lesser offense with no points and a lower fine. If not, then you may be able to win by making the points you mentioned such as inability to see lines in the dark.
I was clocked at going an obscene speed on a road I have drove everyday for 4 months. I was clocked at 78 in a 35. I have no idea how this was possible because I have never gone that fast even on a highway. He used a stopwatch to time me and timed me 0.016 miles in 0.64 seconds. Is there a good chance the process he used was inaccurate and what is the minimum length and time he has to measure for a citation to be valid? This seems like it is too small and hard to not make an error in that short of time.
75 Pa.C.S.A. § 3368 (PA Motor Vehicle Code) authorizes and regulates police officers’ use of speed timing devices. While there is a three-tenths of a mile minimum distance requirement when an officer is using his/her vehicle’s speedometer to measure another driver’s speed, there is no prescribed minimum distance over which a police officer must clock a driver when using a stopwatch/mechanical device to determine speed.
It is required by 75 Pa.C.S.A. § 3368(d), however, that all such devices have been tested for accuracy within 60 days prior to the alleged violation. The citing officer must provide a certificate from the station showing that the calibration and test were made within the required 60-day period and that the device was accurate.
The use of a mechanical stopwatch is, of course, open to challenge on the grounds of human error in reaction time starting and stopping the device, and the possible effect of human error on the calculation would be magnified the shorter the timed distance.
I’m an attorney and was cited for speed with a speed timing device after I was timed going a distance of 0.026 miles for a period of 2.06 seconds, which is a little over 100 feet. I’m surprised that there’s no statutory requirement that officers using speed timing devices have a minimum distance that a defendant would have to travel in this situation.
Do you know if there has been any court challenges to the lack of distance requirement? Sadly this is probably one of these things that doesn’t get litigated much in higher courts due to the expense of litigation vs cost to the defendant of just paying the fine.
Agreed. I haven’t researched the caselaw, but most of these cases are defended based upon the probability of human error over such a short time/distance.
What is the “500-foot rule “statutory leeway””?
This is explained in the sections on radar and Vascar above.
I was pulled over for exceeding the 55MPH speed limit on a highway. No sooner had I passed him that he flicked on his lights and pulled over. There was not 2/10 of a mile or anything like that, so is the distance behind him and leading up to him, because that’s what it looked like. I really looked like he thought I looked to be going fast so he assumed I was. Is distance necessary for VSPEC? Also, I don’t see “VSPEC” in the PA code.
V-SPEC was approved long ago. Here is a link to the Pennsylvania Bulletin showing it was approved back in 2011: https://www.pabulletin.com/secure/data/vol41/41-53/2256.html . You can also look at the speeding statute 75 Pa.C.S.A. § 3368 for some possible defenses. They don’t have to clock you for 2/10 mile when using V-SPEC as it just measures the time it takes you to travel a known distance and then calculates a speed from that.
I was pulled over today for going 38 in a school zone that was 15 mph. The cop clocked my speed using a stopwatch. I didn’t notice the cop but the car in front of me slowed to almost 20 mph at the gas station where the school zone speed limit sign is posted. I know this because it was such a dramatic change in speed (prior to this area it is 35 mph), that I looked at the speedometer to see how slow we were going. I would say my car was definitely between 25 an 20 mph. We went that speed all the way to the end of the school parking lot where I turned left into the lot after stopping for oncoming traffic. I am new to the state and did not realize the school zone speed limit was 15. In the state we came from it is typically 25. The ticket states that I was timed for 0.019 miles. I am just not sure how this exactly works. How far in advance of a speed sign do you need to slow down?
The school zone (or any speed limit) does not begin until you reach the first sign. For a school zone that would be the flashing lights. The speed limit only changes at the point you pass the sign, so he should not have timed you until then. Go back and measure the distance from there and that will tell you where he likely timed you. Stop watch timing is inherently inaccurate – it is easy for the operator to misjudge when you pass the start and stop points, and a minor mistake could result in an erroneous speed reading. Not knowing the speed limit is not a defense, although it’s possible the judge would cut you some slack if you could show how recently you moved and the speed limit in your former state.
I was pulled over today doing 55.70 mph in a 40 mph zone.
With a speed like that to the 1/100th, I am assuming that it was calculated by the officer. The timing device says “TRACKER”.
It was drizzling today.
I also noticed that the officer put on glasses while I’m the car writing my ticket.
Is there an argument in my favor regarding the officer’s inaccuracy? It could be from the bad weather, human inconsistencies, and possibly inaccurate vision.
Thanks for any help you could offer.
I WAS RECENTLY CITED FOR GOING 40 MPH IN A 25 MPH ZONE USING VASCAR, I BELIEVE, SINCE THE CITATION ONLY LISTED THREE NUMBERS FROM THE SPEED EQUIPMENTS SERIAL NUMBER AND NO NAME OR OTHER REFERENCE. MY QUESTION IS: DOES PA. LAW ALLOW FOR THE ADMISSION OF HUMAN ERROR AS A LEGAL DEFENSE? SPECIFICALLY, THE ANGULAR LINE OF SIGHT @ APPROXIMATELY 170+ FEET, USED BY THE OFFICER, WITH NO OTHER WAY TO KNOW EXACTLY WHEN I CROSSED THE SECOND OF TWO WHITE LINES. AND SECONDLY, IF I ADD THE .215 SECONDS, PER EACH CLICK I FOUND AS THE AVERAGE HUMAN REACTION TIME, THE ADDITIONAL .430 TOTAL REACTION TIME IS ENOUGH TO TAKE MY 40 MPH RECORDED TIME DOWN TO 34 MPH OR 9 MPH ABOVE THE POSTED SPEED LIMIT. ACCORDING TO TITLE 75 SECTION 3368 PARA. C.4, IF THE SPEED LIMIT IS LESS THAN 55 MPH AND LESS THAN 10 MPH OVER THE POSTED SPEED LIMIT, IN THIS CASE 25, THAT THE CITATION IS INVALID AND NOT ENFORCEABLE. WOULD YOU AGREE IF PA. LAW HAS NO RESTRICTIONS ON HUMAN ERROR AS A DEFENSE? THANKS
Human error is definitely a viable defense in any case.
Yes, you can and should argue that any of these factors could have affected the accuracy of the timing. Human error is generally the most significant factor. They are best explored via experienced cross-examination.
I got a citation in a speed trap yesterday. The citation says “clocked” and “miles timed” at 46.8 (in a 35mph zone) and “seconds timed” 1.46. I don’t think I was traveling that fast, but I wasn’t looking at my speedometer because I had my eyes on the road at the time, as it is a tricky stretch of road that has a underpass. I was going at what seemed like a normal rate, based on the other cars. I was going slowly enough that I saw the dark unmarked sedan sitting under the underpass and could tell it was an older white man sitting behind the wheel, because I had time to wonder to myself “I wonder why that guy is sitting there under the bridge? Maybe he’s killing time at work.” (Haha. Joke was on me.)
When the officer (a Pittsburgh city officer) pulled me over, he said “I pulled you over because we got a grant from PennDOT to try and stop aggressive drivers,” which I thought was a very odd reason. (A grant? The city PD is getting paid by the state for this?)
He also added “You aren’t really that aggressive,” to which I said “I’m not an aggressive driver at all. I’m usually being passed on this stretch. $166 is a lot of money.”
Then he said “That’s why you should plead ‘not guilty’ and maybe they’ll reduce it. Because we are pulling everyone over.”
I found the exchange to be really odd, in hindsight. Was he speaking some weird cop code by telling me to plead not guilty?
Also, I can barely read the info on the carbon copy of the citation. So how am I supposed to know what info I can speak to in the trial I am requesting with my not guilty plea?
If you can’t read your copy I would point that out to the Judge at the time of the hearing as a reason to dismiss. It is very common for police officers to suggest to my clients that they plead not guilty and fight the charges. They may be truly trying to help them. I used to think it was a ploy to get more money as they got paid overtime to attend the hearings, but these days the citing officer is almost never summoned to court to present a speeding case so I really think they are just trying to be helpful. Many know they have to write the tickets but don’t care if a Judge lets you off. We all know of the other type that exists, but fortunately there aren’t many of those in my practice areas.
So I got stopped, the cop said I was going 65 on a 30. This happens 2/23/22.I’m looking at my citation and it says to that the equipment was last tested 1/23/22. Serial number 26. Isn’t the speed gun supposed to be tested daily before every shift ? I was told by a lawyer that I should plead not guilty and mitigate the situation. But what should I really do ? Or do you have any advice ? Thank you
It is generally best to have a lawyer handle the case assuming you can afford the costs and the penalties are serious enough to warrant that cost. Here your license will likely be suspended if you are convicted so you should certainly retain a lawyer. Whether you retain a lawyer or not you should ask for a hearing and contest the charges to avoid the suspension if you can.
This week I was issued a speeding ticket for going 55 in a 35. The flow of traffic was about 45mph, and I am sure I was not exceeding that because I had just pulled onto the road, which was uphill and I accelerate uphill slowly, other people were passing me. As soon as I peaked the hill and began moving downhill, I immediately had to stop for a red light. I was pulled over shortly after that, having only traveled a mile in total on the drive. I was not in a rush and had never been on that road before so I was just trying to drive carefully and not miss my turn. I was shocked when an officer pulled me over. The ticket states the miles timed (0.019) and the seconds timed (1.24) as well as the equipment serial number (WM8) but does not identify what kind of equipment that is. The officer just told me “We are cracking down on speeding, the directions are on the sheet.” and thrust the ticket at me and left. I assume I have the potential for a defense of human error, but is there a chance of having the ticket dismissed because it does not identify the type of equipment used? Thank you
I have not run into that before but if I had the case I would review the regulations for any requirement that the type of speed timing device must be identified on the ticket. From recollection I think most tickets have a box where the officer is supposed to write the type of timing device used, as I know I often see the names of the devices on the tickets.
I received a citation in the mail for going 66 in a work zone. These would be my points. 1) They are required to post 2 “Active Speed Limit Photo Enforced” warning signs. Don’t recall them. No proof 2) Would like proof there were employees working there. Time cards. I don’t recall active employees. 3)Ticket is for going 66. If the equipment is 98% accurate (meaning 2% inaccurate), I could have been going 64. 4) The equipment was last calibrated 46 days before the violation. My question is this- I think my 3rd point needs more backing. How do I find out the manufacturer of the equipment used to check my speed? I’d like to see what they say about the accuracy. Thanks so much for your insight.
You could call the officer in advance and ask. They will normally tell you, assuming they bother to call you back. In my jurisdiction they often write it on the ticket, but you probably wouldn’t have asked the question if it was there.
It was workzone violation so no officer, no ticket. It was just a mailer. I am going to fight it. DOT Code Chapter allows for +/- 1%. Being ticketed 66 when no ticket at 65 should be a strong argument.
I was cited for going 43 in a 25 zone. The timing device was VASCAR. The “miles timed” box on the citation states.0286 which is 151 feet.I went back to the scene and measured the distance from line to line painted on the road. That measurement is 155 feet.Can I claim the citation is invalid because the vascar speed cannot be correct due to a wrong distance entered into the device?
Unfortunately the longer distance would inure to your benefit, so it may be better for you not to bring that up. A good lawyer might touch on that argument without placing all his eggs in that basket, assuming he didn’t find anything better to argue.
I got pulled over on the northeast extension in PA by a state trooper. I saw when I passed him, but he flew up on me and almost rear ended me when he threw his lights on, because I hit my breaksand he was too close. I was going 92mph (speed limit is 70mph) and took my foot off the gas when I knew I flew past an officer. He was far too lose to my bumper when I hit the breaks. He stated I was going 105mph & I stated that’s impossible as my Mercedes shows me my speed. He said he was following me foe a half mile and I stated “Are you sure your speedometer didn’t hit 105mph trying to catch up to me?” He said he didn’t want to do court on side of road. He got annoyed and gave me the ticked, then left. I plead not guilty and mailed it in, now what? Can I work this out without legal aid?
Sure. The Court will schedule a hearing. You can represent yourself or hire a private lawyer. I am not aware of any form of Legal Aid where I practice that will handle a speeding ticket.
I got a speeding ticket, 84 in 55 mph. Ticket says he used ENRADD but he was at a turn light on the opposite lane waiting to make a u turn. Speed detection type is non-radar. Special activity says “click it or ticket ”
Isnt ENRADD supposed to be setup on both side for the speed to be monitored ? so how did he used ENRADD to calculate my speed.
Great question! Since the ENRADD system is not located in the vehicle, it really doesn’t matter where the police car was located. There could have been another car in the area that you didn’t see, or more likely the ENRADD devices were on either side of the road and not necessarily right where the officer was. Maybe he was returning from stopping someone else? I’m not sure how far away an officer can be and still monitor ENRADD, but that is obviously something that you can fully cross-examine the officer about at the hearing. Or hire us to do it for you. Best of luck!
I got a speeding ticket being clocked at going 81.3 MPH in a 55MPH zone. Before the officer stopped me, I remember glancing down at my speedometer and realizing that I was going 73 MPH and proceeded to shift from the left lane on the highway to the right lane and reduce speed. He claimed there was nobody by me but when I shifted into the other lane, I had cars behind me and in front of me. I did not notice the cop since he was stationed at the top of the ramp. He wrote down that there were no adverse weather conditions but proceeded to put in the comment box as cloudy. I decided to pay the ticket the next day since I didn’t want to argue and did pay the ticket but then I received a letter in the mail from the DMV saying that 5 points have been added to my license and I decided to go appeal it since this is my first ever speeding ticket and I have never had any speeding or parking tickets in my life. The officer put down that the device they were using was the V Spec. I submitted an appeal to court in hopes of getting a point reduction. Can I use human error as a viable factor? Can I also claim that since it was cloudy, the cop could have been obstructed from seeing the two points? And in your opinion will this have a chance of getting a reduction of points seeing as it is my first ever speeding ticket or ticket in general.
Human error is always a potential variable. Unless it was extremely cloudy I can’t see you getting anywhere with that argument. Do some research on V Spec and look into the limitations and defenses to that.
I got a speeding ticket that officially cites my speed as 30 in a 25 but in the comments the officer specifies my actual speed was 39. Is the actual speed he clocked me at or the speed he cited me for more relevant in a court setting?
This is relatively common – we’ve seen it many times. An officer might clock you at 39 mph but decide to give you a break or benefit of the doubt and cite you for 30 mph. If you show up for the hearing I would expect the officer to testify he clocked you going 39 mph but he only cited you for going 30 mph. If the Judge convicts you it should be for 30 mph, not the higher speed. Best of luck!
Arrived home after a 3800 mile trip including PA turnpike in Bedford PA. A photo ticked of 69 in a 55 work zone. I am very careful in work zones and believe that there was no notification of speed in the area. I NEVER travel above 9 miles above in any situation. I have no means to check the posting and could not get a look at the equipment to ensure its accuracy after the fact. Last calibration Feb 2022. Any suggestion? Clean record.
We never get any cases involving photo tickets, probably because the repercussions do not justify our fees. Generally people call us when they are facing a driver’s license suspension or points. In your case I would suggest checking the ticket for a number to call or address to write to in order to dispute the ticket, but if you can’t do that it almost certainly isn’t worth returning to Pennsylvania to fight it.
Hello, I was pulled over in Pennsylvania with a NY license. The officer that pull me over made a lot of errors. He put my car as auto, when it’s a manual, sedan when it’s an SUV, grey when the car is baby blue, PA registration when it’s NY registration and it says he followed me for .9244 miles and seconds timed “1009”. 1009 seconds is about 17 minutes. Turns out he put his speed equipment (v-spec) serial number as the seconds he timed me for. Is this enough errors to dismiss my ticket? He said I was doing 78 in a 55, where the flow of traffic is 80 at anytime of day which even the officers do. As a New York resident I’m a bit bewildered. Haven’t been pulled over before in all my years.Thank you for the insight. Appreciate your knowledge.
Thanks for your inquiry. Unfortunately there is no bright line test for reasonable doubt, but you certainly have a number of errors that you could point out to a Judge. The argument is that if he made all of these other errors he certainly could have made another error with regard to the timing or which SUV he was following. You don’t need to prove that he’s wrong, you just have to be able to show the Judge a reasonable doubt. Also, a friendly conversation before the hearing might result in a deal that won’t hurt you – I would suggest trying that first. If you want your best chance at a good result please give us a call – 215-997-1000.
I got a traffic citation for doing 40 in a 35. Timing was done with a stopwatch. Paperwork states I was timed for .019 seconds. At 40 mph I would have traveled 11 3/8 inches! I find that hard to believe. Sounds like a have a good case. Do you agree?
Yes, I would want to hear the officer’s explanation for that one. Check the regulations for timing with a stopwatch and argue the potential for operator error when activating the stopwatch.
Or contact me privately:
steve@fairlielaw.com
(215) 997–1000