Speeding ticket

[Blazin Trav]

Fight it in court. A cop writing the wrong speed down in the ticket will mean the ticket will be thrown out normally because a cop cannot write an incorrect ticket.

 

[sao123]

Originally posted by: KarmaPolice
Ok I got a speeding ticket going to a concert on satruday. I was giong 74-75 on a 65 mile an hour road..not outragoues..flow of traffic...the cop said I was going 81.

That not only puts me up to 4 points...80 is 3, 81 is 4. The guy was a jerk too.

Anyway, I want to fight the thing cause there was no way I was going that fast.

He was using Radar.

Here is what I think i should do..any help is appretiated.

1. Pleade not guitly
2. Hope he doesnt show up
3. Tell them that I was going 75 and hope that they reduce it becuase I have a pretty good record.
4. Here is the interesting one. I was told today from a friend that if they cop is not viewable from either direction for atleast 1/2 a mile then it wont count. Apparently they have to be viewbale from a distance.

I live in PA..any help on that 4th thing would help...I deff didnt see him until the split second, and it was on a curve so I doubt it was viewable from both sides.

thx

This is not a valid defense in Pennsylvania. In some states this is considered entrapment, not so in pennsylvania.
Your only defense might be either the radar certificate is not up to date, or a problem with the officers uniform.
<-- works at PENNDOT, has been informed on the proper way to beat a PA ticket.



§ 3361. Driving vehicle at safe speed


No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, nor at a speed greater than will permit the driver to bring his vehicle to a stop within the assured clear distance ahead Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.


§ 3362. Maximum speed limits


(a) GENERAL RULE.-- Except when a special hazard exists that requires lower speed for compliance with section 3361 (relating to driving vehicle at safe speed), the limits specified in this section or established under this subchapter shall be maximum lawful speeds and no person shall drive a vehicle at a speed in excess of the following maximum limits:

(1) 35 miles per hour in any urban district.

(1.1) 65 miles per hour for all vehicles on freeways where the
department has posted a 65-miles-per-hour speed limit.

(1.2) 25 miles per hour in a residence district, if the highway:

(i) is not a numbered traffic route; and

(ii) is functionally classified by the department as a local highway.

(2) 55 miles per hour in other locations.

(3) Any other maximum speed limit established under this subchapter.

(b) POSTING OF SPEED LIMIT.--

(1) No maximum speed limit established under subsection (a)(1), (1.2)
or (3) shall be effective unless posted on fixed or variable official
traffic-control devices erected in accordance with regulations adopted
by the department which regulations shall require posting at the
beginning and end of each speed zone and at intervals not greater than
one-half mile.

(2) No maximum speed limit established under subsection (a)(1.1) shall
be effective unless posted on fixed or variable official
traffic-control devices erected after each interchange on the portion
of highway on which the speed limit is in effect and wherever else the
department shall determine.

(c) PENALTY.--

(1) Any person violating this section is guilty of a summary offense
and shall, upon conviction, be sentenced to pay a fine of:

(i) $ 42.50 for violating a maximum speed limit of 65 miles per hour;
or

(ii) $ 35 for violating any other maximum speed limit.

(2) Any person exceeding the maximum speed limit by more than five
miles per hour shall pay an additional fine of $ 2 per mile for each
mile in excess of five miles per hour over the maximum speed limit.


§ 3363. Alteration of maximum limits


On highways under their respective jurisdictions, local authorities, subject to section 6109(e) (relating to specific powers of department and local authorities), or the department, upon the basis of an engineering and traffic investigation, may determine that the maximum speed permitted under this subchapter is greater or less than is reasonable and safe under the conditions found to exist upon any such highway or part thereof and establish a reasonable and safe maximum limit The maximum speed limit may be made effective at all times or at times indicated and may vary for different weather conditions and other factors bearing on safe speeds No maximum speed greater than 55 miles per hour shall be established under this section except on highways listed in section 3362(a)(1.1) (relating to maximum speed limits), where the maximum speed for all vehicles shall not be greater than 65 miles per hour.


§ 3364. Minimum speed regulation


(a) IMPEDING MOVEMENT OF TRAFFIC PROHIBITED.-- Except when reduced speed is necessary for safe operation or in compliance with law, no person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic.

(b) SLOW MOVING VEHICLE TO DRIVE OFF ROADWAY.-- Except when reduced speed is necessary for safe operation or in compliance with law, whenever any person drives a vehicle upon a roadway having width for not more than one lane of traffic in each direction at less than the maximum posted speed and at such a slow speed as to impede the normal and reasonable movement of traffic, the driver shall, at the first opportunity when and where it is reasonable and safe to do so and after giving appropriate signal, drive completely off the roadway and onto the berm or shoulder of the highway The driver may return to the roadway after giving appropriate signal only when the movement can be made in safety and so as not to impede the normal and reasonable movement of traffic.

(c) ESTABLISHMENT OF MINIMUM SPEED LIMITS.-- At any other time when the department or local authorities under their respective jurisdictions determine on the basis of an engineering and traffic investigation that slow speeds on any highway or part of a highway impede the normal and reasonable movement of traffic, the department or such local authority may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law The minimum limit shall be effective when posted upon appropriate fixed or variable signs.


§ 3365. Special speed limitations


(a) BRIDGES AND ELEVATED STRUCTURES.--

(1) No person shall drive a vehicle over any bridge or other elevated
structure constituting a part of a highway at a speed which is greater
than the maximum speed which can be maintained with safety to the
bridge or structure when the structure is posted with signs as provided
in this subsection.

(2) The department and local authorities on highways under their
respective jurisdictions may conduct a traffic and engineering
investigation of any bridge or other elevated structure constituting a
part of a highway, and if it shall thereupon find that the structure
cannot safely withstand vehicles traveling at the speed otherwise
permissible under this title, the department or local authority shall
determine and declare the maximum speed of vehicles which the structure
can safely withstand, and shall cause or permit official
traffic-control devices stating the maximum speed to be erected and
maintained before each end of the structure.

(3) Upon the trial of any person charged with a violation of this
subsection, proof of the determination of the maximum speed by the
department and the existence of the signs shall constitute conclusive
evidence of the maximum speed which can be maintained with safety to
the bridge or structure.

(b) SCHOOL ZONES.-- When passing through a school zone as defined and established under regulations of the department, no person shall drive a vehicle at a speed greater than 15 miles per hour An official traffic-control device shall indicate the beginning and end of each school zone to traffic approaching in each direction Establishment of a school zone, including its location and hours of operation, shall be approved by the department.

(c) HAZARDOUS GRADES.-- The department and local authorities on highways under their respective jurisdictions may conduct traffic and engineering investigations on grades which are considered hazardous If the grade is determined to be hazardous, vehicles having a gross weight in excess of a determined safe weight may be further limited as to maximum speed and may be required to stop before proceeding downhill The restrictions shall be indicated by official traffic-control devices erected and maintained according to regulations established by the department.

(C.1) ACTIVE WORK ZONES.-- When passing through an active work zone, no person shall drive a vehicle at a speed greater than the posted limit An official traffic-control device shall indicate the beginning and end of each active work zone to traffic approaching in each direction.

(d) PENALTY.--

(1) Any person violating any provision of this section commits a
summary offense and shall, upon conviction, be sentenced to pay:

(i) Except as set forth under subparagraph (ii), a fine of $ 35.

(ii) For a violation of subsection (b), a fine of not more than $ 500
if the person exceeds the maximum speed limit by more than 11 miles
per hour.

(2) Any person exceeding a maximum speed limit established under this
section by more than five miles per hour shall pay an additional fine
of $ 2 per mile for each mile in excess of five miles per hour in
excess of the maximum speed limit.


§ 3366. Charging speed violations


In every charge of violation of a speed provision in this subchapter, except for a violation of section 3361 (relating to driving vehicle at safe speed), the citation or complaint shall specify the speed at which the defendant is alleged to have driven and the applicable speed limit.


§ 3367. Racing on highways


(a) DEFINITIONS.-- As used in this section the following words and phrases shall have the meanings given to them in this subsection:

"DRAG RACE." The operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

"RACE." The use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes.

(b) GENERAL RULE.-- No person shall drive a vehicle on a highway in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition, contest, test or exhibition.

(c) PERMITS FOR SPECIAL ACTIVITIES.-- The department or local authorities within their jurisdiction may issue permits for special activities which would otherwise be prohibited by this section.

(d) PENALTY.-- Any person violating this section is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $ 200.


§ 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 three-tenths 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.

(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.



§ 3732. Homicide by vehicle


(a) OFFENSE.-- Any person who recklessly or with gross negligence causes the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic except section 3802 (relating to driving under influence of alcohol or controlled substance) is guilty of homicide by vehicle, a felony of the third degree, when the violation is the cause of death.

(b) SENTENCING.--

(1) In addition to any other penalty provided by law, a person
convicted of a violation of subsection (a) may be sentenced to an
additional term not to exceed five years' confinement if at trial the
prosecution proves beyond a reasonable doubt that the offense occurred
in an active work zone as defined in section 102 (relating to
definitions).

(2) The prosecution must indicate intent to proceed under this section
in the indictment or information which commences the prosecution.

(3) The Pennsylvania Commission on Sentencing, pursuant to 42 Pa.C.S §
2154 (relating to adoption of guidelines for sentencing), shall provide
for a sentencing enhancement for an offense under this section when the
violation occurred in an active work zone as defined in section 102.


§ 3733. Fleeing or attempting to elude police officer


(a) OFFENSE DEFINED.-- Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police officer, when given a visual and audible signal to bring the vehicle to a stop, commits a misdemeanor of the second degree Any driver upon conviction shall pay an additional fine of $ 500 This fine shall be in addition to and not in lieu of all other fines, court expenses, jail sentences or penalties.

(A.1) DISPOSITION OF FINES, ETC.-- The fines imposed and collected under subsection (a) shall not be subject to 42 Pa.C.S § 3733 (relating to deposits into account) The fines imposed and collected under subsection (a) shall be distributed in the manner provided in 42 Pa.C.S § 3571(b)(2) and (3) (relating to Commonwealth portion of fines, etc.).

(b) SIGNAL BY POLICE OFFICER.-- The signal given by the police officer may be by hand, voice, emergency lights or siren.

(c) DEFENSES.--

(1) It is a defense to a prosecution under this section that the
pursuing police officer's vehicle was not clearly identifiable by its
markings or, if unmarked, was not occupied by a police officer who was
in uniform and displaying a badge or other sign of authority.

(2) It is a defense to prosecution under this section if the defendant
can show by a preponderance of the evidence that the failure to stop
immediately for a police officer's vehicle was based upon a good faith
concern for personal safety In determining whether the defendant has
met this burden, the court may consider the following factors:

(i) The time and location of the event.

(ii) The type of police vehicle used by the police officer.

(iii) The defendant's conduct while being followed by the police
officer.

(iv) Whether the defendant stopped at the first available reasonably
lighted or populated area.

(v) Any other factor considered relevant by the court.

 

[Blazin Trav]

Wow $42.50 minimum for a speeding ticket? I hate living in California...

 

[DaiShan]

Originally posted by: edro
To beat a speeding ticket, you have to lie. You must say that your cruise control was on 65 and you know that you did not speed.

If you say you were going 75, you have admitted guilt. Because you were breaking the law, why would they believe you were going 75 and not 81? They will always win a word for word argument. They have had thousands of people in your exact shoes.

Be warned though. You will have to go in twice. The first day is a plea date (guilty or not guilty). The second date is your actual trial.

The prosecuting attorney is usually very short and rude with you. They have heard every story in the book and could care less about yours.

They will ask "How fast were you going?" You say "about 70", they say, "Oh, so you weren't paying attention? I think the police officer's radar is a better gauge than what you "think" you were doing. Anyway, 70 is speeding and that is an admission of guilt. Please pay your fine now."

They will also threaten you with things like "A speeding ticket is a 3rd degree misdemeanor. You could spend a maximum of 30 days in jail and a $5000 fine." Use common sense on that one. The judge would never do that to you unless you had 50 in a month.

Speeding tickets are another source of tax collection. You are a cash crop. Whether you were speeding or not, they will get their money from you. It's not about morals or safety, it's about collecting money for the system.

Again, I will restate the most important fact. YOU MUST LIE TO FIGHT THE SYSTEM.

Are you seriously counseling someone to commit purjury to get out of a speeding ticket? OP this should be a huge red flag not to follow his advice. Anyways, I would find out what the maintenance/calibration cycle is on the radar guns that are used by your law enforcement, then when you have your trial, ask the officer when he last had it calibrated. There is a chance that it was outside of the stated schedule, and in that case you would get off scott free, even if you were doing 200 in a 65.

 

[KarmaPolice]

Originally posted by: sao123

Originally posted by: KarmaPolice
Ok I got a speeding ticket going to a concert on satruday. I was giong 74-75 on a 65 mile an hour road..not outragoues..flow of traffic...the cop said I was going 81.

That not only puts me up to 4 points...80 is 3, 81 is 4. The guy was a jerk too.

Anyway, I want to fight the thing cause there was no way I was going that fast.

He was using Radar.

Here is what I think i should do..any help is appretiated.

1. Pleade not guitly
2. Hope he doesnt show up
3. Tell them that I was going 75 and hope that they reduce it becuase I have a pretty good record.
4. Here is the interesting one. I was told today from a friend that if they cop is not viewable from either direction for atleast 1/2 a mile then it wont count. Apparently they have to be viewbale from a distance.

I live in PA..any help on that 4th thing would help...I deff didnt see him until the split second, and it was on a curve so I doubt it was viewable from both sides.

thx

This is not a valid defense in Pennsylvania. In some states this is considered entrapment, not so in pennsylvania.
Your only defense might be either the radar certificate is not up to date, or a problem with the officers uniform.
<-- works at PENNDOT, has been informed on the proper way to beat a PA ticket.



§ 3361. Driving vehicle at safe speed


No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, nor at a speed greater than will permit the driver to bring his vehicle to a stop within the assured clear distance ahead Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.


§ 3362. Maximum speed limits


(a) GENERAL RULE.-- Except when a special hazard exists that requires lower speed for compliance with section 3361 (relating to driving vehicle at safe speed), the limits specified in this section or established under this subchapter shall be maximum lawful speeds and no person shall drive a vehicle at a speed in excess of the following maximum limits:

(1) 35 miles per hour in any urban district.

(1.1) 65 miles per hour for all vehicles on freeways where the
department has posted a 65-miles-per-hour speed limit.

(1.2) 25 miles per hour in a residence district, if the highway:

(i) is not a numbered traffic route; and

(ii) is functionally classified by the department as a local highway.

(2) 55 miles per hour in other locations.

(3) Any other maximum speed limit established under this subchapter.

(b) POSTING OF SPEED LIMIT.--

(1) No maximum speed limit established under subsection (a)(1), (1.2)
or (3) shall be effective unless posted on fixed or variable official
traffic-control devices erected in accordance with regulations adopted
by the department which regulations shall require posting at the
beginning and end of each speed zone and at intervals not greater than
one-half mile.

(2) No maximum speed limit established under subsection (a)(1.1) shall
be effective unless posted on fixed or variable official
traffic-control devices erected after each interchange on the portion
of highway on which the speed limit is in effect and wherever else the
department shall determine.

(c) PENALTY.--

(1) Any person violating this section is guilty of a summary offense
and shall, upon conviction, be sentenced to pay a fine of:

(i) $ 42.50 for violating a maximum speed limit of 65 miles per hour;
or

(ii) $ 35 for violating any other maximum speed limit.

(2) Any person exceeding the maximum speed limit by more than five
miles per hour shall pay an additional fine of $ 2 per mile for each
mile in excess of five miles per hour over the maximum speed limit.


§ 3363. Alteration of maximum limits


On highways under their respective jurisdictions, local authorities, subject to section 6109(e) (relating to specific powers of department and local authorities), or the department, upon the basis of an engineering and traffic investigation, may determine that the maximum speed permitted under this subchapter is greater or less than is reasonable and safe under the conditions found to exist upon any such highway or part thereof and establish a reasonable and safe maximum limit The maximum speed limit may be made effective at all times or at times indicated and may vary for different weather conditions and other factors bearing on safe speeds No maximum speed greater than 55 miles per hour shall be established under this section except on highways listed in section 3362(a)(1.1) (relating to maximum speed limits), where the maximum speed for all vehicles shall not be greater than 65 miles per hour.


§ 3364. Minimum speed regulation


(a) IMPEDING MOVEMENT OF TRAFFIC PROHIBITED.-- Except when reduced speed is necessary for safe operation or in compliance with law, no person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic.

(b) SLOW MOVING VEHICLE TO DRIVE OFF ROADWAY.-- Except when reduced speed is necessary for safe operation or in compliance with law, whenever any person drives a vehicle upon a roadway having width for not more than one lane of traffic in each direction at less than the maximum posted speed and at such a slow speed as to impede the normal and reasonable movement of traffic, the driver shall, at the first opportunity when and where it is reasonable and safe to do so and after giving appropriate signal, drive completely off the roadway and onto the berm or shoulder of the highway The driver may return to the roadway after giving appropriate signal only when the movement can be made in safety and so as not to impede the normal and reasonable movement of traffic.

(c) ESTABLISHMENT OF MINIMUM SPEED LIMITS.-- At any other time when the department or local authorities under their respective jurisdictions determine on the basis of an engineering and traffic investigation that slow speeds on any highway or part of a highway impede the normal and reasonable movement of traffic, the department or such local authority may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law The minimum limit shall be effective when posted upon appropriate fixed or variable signs.


§ 3365. Special speed limitations


(a) BRIDGES AND ELEVATED STRUCTURES.--

(1) No person shall drive a vehicle over any bridge or other elevated
structure constituting a part of a highway at a speed which is greater
than the maximum speed which can be maintained with safety to the
bridge or structure when the structure is posted with signs as provided
in this subsection.

(2) The department and local authorities on highways under their
respective jurisdictions may conduct a traffic and engineering
investigation of any bridge or other elevated structure constituting a
part of a highway, and if it shall thereupon find that the structure
cannot safely withstand vehicles traveling at the speed otherwise
permissible under this title, the department or local authority shall
determine and declare the maximum speed of vehicles which the structure
can safely withstand, and shall cause or permit official
traffic-control devices stating the maximum speed to be erected and
maintained before each end of the structure.

(3) Upon the trial of any person charged with a violation of this
subsection, proof of the determination of the maximum speed by the
department and the existence of the signs shall constitute conclusive
evidence of the maximum speed which can be maintained with safety to
the bridge or structure.

(b) SCHOOL ZONES.-- When passing through a school zone as defined and established under regulations of the department, no person shall drive a vehicle at a speed greater than 15 miles per hour An official traffic-control device shall indicate the beginning and end of each school zone to traffic approaching in each direction Establishment of a school zone, including its location and hours of operation, shall be approved by the department.

(c) HAZARDOUS GRADES.-- The department and local authorities on highways under their respective jurisdictions may conduct traffic and engineering investigations on grades which are considered hazardous If the grade is determined to be hazardous, vehicles having a gross weight in excess of a determined safe weight may be further limited as to maximum speed and may be required to stop before proceeding downhill The restrictions shall be indicated by official traffic-control devices erected and maintained according to regulations established by the department.

(C.1) ACTIVE WORK ZONES.-- When passing through an active work zone, no person shall drive a vehicle at a speed greater than the posted limit An official traffic-control device shall indicate the beginning and end of each active work zone to traffic approaching in each direction.

(d) PENALTY.--

(1) Any person violating any provision of this section commits a
summary offense and shall, upon conviction, be sentenced to pay:

(i) Except as set forth under subparagraph (ii), a fine of $ 35.

(ii) For a violation of subsection (b), a fine of not more than $ 500
if the person exceeds the maximum speed limit by more than 11 miles
per hour.

(2) Any person exceeding a maximum speed limit established under this
section by more than five miles per hour shall pay an additional fine
of $ 2 per mile for each mile in excess of five miles per hour in
excess of the maximum speed limit.


§ 3366. Charging speed violations


In every charge of violation of a speed provision in this subchapter, except for a violation of section 3361 (relating to driving vehicle at safe speed), the citation or complaint shall specify the speed at which the defendant is alleged to have driven and the applicable speed limit.


§ 3367. Racing on highways


(a) DEFINITIONS.-- As used in this section the following words and phrases shall have the meanings given to them in this subsection:

"DRAG RACE." The operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

"RACE." The use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes.

(b) GENERAL RULE.-- No person shall drive a vehicle on a highway in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition, contest, test or exhibition.

(c) PERMITS FOR SPECIAL ACTIVITIES.-- The department or local authorities within their jurisdiction may issue permits for special activities which would otherwise be prohibited by this section.

(d) PENALTY.-- Any person violating this section is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $ 200.


§ 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 three-tenths 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.

(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.



§ 3732. Homicide by vehicle


(a) OFFENSE.-- Any person who recklessly or with gross negligence causes the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic except section 3802 (relating to driving under influence of alcohol or controlled substance) is guilty of homicide by vehicle, a felony of the third degree, when the violation is the cause of death.

(b) SENTENCING.--

(1) In addition to any other penalty provided by law, a person
convicted of a violation of subsection (a) may be sentenced to an
additional term not to exceed five years' confinement if at trial the
prosecution proves beyond a reasonable doubt that the offense occurred
in an active work zone as defined in section 102 (relating to
definitions).

(2) The prosecution must indicate intent to proceed under this section
in the indictment or information which commences the prosecution.

(3) The Pennsylvania Commission on Sentencing, pursuant to 42 Pa.C.S §
2154 (relating to adoption of guidelines for sentencing), shall provide
for a sentencing enhancement for an offense under this section when the
violation occurred in an active work zone as defined in section 102.


§ 3733. Fleeing or attempting to elude police officer


(a) OFFENSE DEFINED.-- Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police officer, when given a visual and audible signal to bring the vehicle to a stop, commits a misdemeanor of the second degree Any driver upon conviction shall pay an additional fine of $ 500 This fine shall be in addition to and not in lieu of all other fines, court expenses, jail sentences or penalties.

(A.1) DISPOSITION OF FINES, ETC.-- The fines imposed and collected under subsection (a) shall not be subject to 42 Pa.C.S § 3733 (relating to deposits into account) The fines imposed and collected under subsection (a) shall be distributed in the manner provided in 42 Pa.C.S § 3571(b)(2) and (3) (relating to Commonwealth portion of fines, etc.).

(b) SIGNAL BY POLICE OFFICER.-- The signal given by the police officer may be by hand, voice, emergency lights or siren.

(c) DEFENSES.--

(1) It is a defense to a prosecution under this section that the
pursuing police officer's vehicle was not clearly identifiable by its
markings or, if unmarked, was not occupied by a police officer who was
in uniform and displaying a badge or other sign of authority.

(2) It is a defense to prosecution under this section if the defendant
can show by a preponderance of the evidence that the failure to stop
immediately for a police officer's vehicle was based upon a good faith
concern for personal safety In determining whether the defendant has
met this burden, the court may consider the following factors:

(i) The time and location of the event.

(ii) The type of police vehicle used by the police officer.

(iii) The defendant's conduct while being followed by the police
officer.

(iv) Whether the defendant stopped at the first available reasonably
lighted or populated area.

(v) Any other factor considered relevant by the court.

interesting says nothing about the light thing. I talked to the police officer who gave me a ticket a year ago (was going 45 in a 25 cause it was the first time I had been on the road and it goes form 45 to 25 back to 45 real quick...there were like 5 cops there...deff just trying to make thier money cause they know no one see it), said that its a dumb law but its true.

 

[jlbenedict]

Originally posted by: jdini76

Originally posted by: jlbenedict

Originally posted by: edro
To beat a speeding ticket, you have to lie. You must say that your cruise control was on 65 and you know that you did not speed.

If you say you were going 75, you have admitted guilt. Because you were breaking the law, why would they believe you were going 75 and not 81? They will always win a word for word argument. They have had thousands of people in your exact shoes.

Be warned though. You will have to go in twice. The first day is a plea date (guilty or not guilty). The second date is your actual trial.

The prosecuting attorney is usually very short and rude with you. They have heard every story in the book and could care less about yours.

They will ask "How fast were you going?" You say "about 70", they say, "Oh, so you weren't paying attention? I think the police officer's radar is a better gauge than what you "think" you were doing. Anyway, 70 is speeding and that is an admission of guilt. Please pay your fine now."

They will also threaten you with things like "A speeding ticket is a 3rd degree misdemeanor. You could spend a maximum of 30 days in jail and a $5000 fine." Use common sense on that one. The judge would never do that to you unless you had 50 in a month.

Speeding tickets are another source of tax collection. You are a cash crop. Whether you were speeding or not, they will get their money from you. It's not about morals or safety, it's about collecting money for the system.

Again, I will restate the most important fact. YOU MUST LIE TO FIGHT THE SYSTEM.

I believe you can make your plea by mail, and then the second phase would be the trial.
You do not have to lie, to beat the system; you just need to know the law and ways to work around it.

I've never tried it, nor have I ever had a ticket, but on the trial date, you will have the opportunity to cross-examine the officer.
From what I understand, the officer should be officially trained in the use of the speed detection device; the radar should be calibrated, and it must maintain its calibration.

What if you just went ahead and pleaded guilty, paid the fine, but then found out the radar detector was out of calibration by 12 months? You'd feel cheated..

This is traffic court there is no cross examination, there is no witness stand. You wait for your name to be called you stand up in front of the judge, he states the offense, and you say whether you are guilty or not guilty. if you say not guilty, then you schedule a trial date( this rarey happens). Usually you work out the "arrangements" with the prosecutor before hand.

How do you figure? The Rules Of Civil Procedures apply to any court trial; its just most people don't know about how to fight them.

 

[xSauronx]

Originally posted by: fbrdphreak
I wouldn't tell them you were going 75, you're still admitting guilt.

From my experience, most ADA's will reduce to 9 over if you're not going ridiculously fast.

You could also get a lawyer; the few hundred bucks you spend on one will probably ensure you don't get any points, but that really depends on the laws where you live.

when i went in for a speeding ticket here in nc, i was doing 67 in a 55.

showed up, they had a line for guilty and one for those pleading not guilty or who had a lawyer

they reduced everyone in the guilty line to 9 over and had them pay a "court cost" of 100 bucks

 

[ebaycj]

Plead not guilty.

Dispute the accuracy of his actual radar gun. Ask to see the calibration records.

If that fails, ask to see the source code for the software / firmware inside the radar gun, and to have it audited for malfunctions. The gun manufacturer will likely not comply, and your case will likely be thrown out.

You will need to get a lawyer for this.