PA speeding ticket - police car without lights?

Question

Sat night my husband was driving the PA turnpike, following group of cars (ours being last of the group) when I saw a cop car parked on the shoulder WITHOUT LIGHTS. We passed, there was another group of cars coming behind us & I saw her turn on her headlights and moving into the group of traffic behind us. I told my husband to just slide in between other cars on the right lane but he didn't think it was for us since everyone on the road was doing 80 at 65mph zone.

She pulled up right behind us and turned on the sirens. I told him to just move over to the right lane and follow since it seems like she's just fishing for cars to pull over. But he pulled over to the shoulder (don't know why!!). So she tickets us for doing 82 on 65. i asked her if she can give us fine and not points, she says she's never heard of such thing.

*do I have a chance fighting this ticket in court?
*can I request a copy of the radar reading at 82?
Thank you!!

Answer 1

First, having or not having roof mounted lights is not required for traffic enforcement.

Second, with the officer behind you and your husband, pulling over to the right side of the road and stopping is required by law.

Asking for just a fine and not points....it doesn't work that way. If it is aggravated speeding (in my state) that's five points in addition to the fine. Less than 25mph above the limit is two points and a fine. An accumulation of 12 points in 1-2 years is a suspension action.

As for the radar reading...the radar equipment assists the officers first observance and then verifys that officers estimate of your speed. The radar gun does not testify in court...the officer does. As such, most jurisdictions and courts to not require an officer to provide a violator the opportunity to read the radar.

Just because other people are speeding doesn't mean we all should speed. You know the old saying about jumping off a bridge just because others do it!

My suggestion...go to court...see if there is an opportunity for traffic school and get a reduction or dismisal of the ticket!

In the meantime....respect the fact that we all share the roadways and should drive safely with not just ours but everybodies safety on the roads.

Best wishes.

Answer 2

Traffic infractions are pretty much a no win situation. Most states have case law that eliminates every defense you can imagine. If you want to fight, you will probably be on your own as not many lawyers would take a case like this.

However, if your husband is in danger of losing his license over this, a lawyer may be helpful to negotiate the ticket to a non-moving violation. This varies from state to state so you should call an attorney if there is a threat of losing a DL.

If there is no risk to the a DL, then I would not use up this option on a first ticket.

You know as well as I do there is no copy of the radar reading. The cop's testimony is all they will need to win. If you fight the ticket, the only way to win would be for the cop not to show up. Even then the court would probably grant a continuance until the cop can be there. I would plead no contest and pay up.

Answer 3

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Answer 4

Fines and points are not set by the police.... they are set by the state.

Next, the urban legend that cops have to have lights on and be visible while running laser / radar is false. Heck, they can dress up as clowns and sit in a clown car and clock you and radio ahead your speed for other officers to stop you.

You can not get a copy of any radar / laser reading. The officer is trained and certified and they must keep log books for presentation in court. The device does not print out any reading.

No, you do not have any case to fight in court. If you can, do driving school and you can usually get the points removed.

Just going with the flow of traffic is not a defense. Maybe there were 10 cars going 80 +, but they can only stop one at a time... and this time you lost the luck of the draw.

But, if you go to court, you will lose, get the full fine, full points, and be required to pay court costs.

Answer 5

I am from PA as well and many people I know who have got and fought tickets always just end up losing. It becomes a process that is just much easier to pay for and move on with your life. Remember, the excuse "just keeping up with traffic" will never be valid in a courtroom. I am not sure exactly what point you are trying to make with the "without lights" comment. Although before I studied law I had heard that a cop without his headlights on could not pull you over as well as a state trooper not wearing a hat could not ticket you. Both in which I learned are false.

Answer 6

Sure, you can fight it in court, but be prepared to lose. The radar units I'm familiar with don't generate a printout, so no you probably won't get that either.

Quite simply, you've admitted to us your husband was speeding. So, pay the fine and slow down.

Answer 7

I don't see any grounds for contesting anything. You can request a copy of the radar, but a radar reading isn't necessary. Lights aren't necessary either. The officer's testimony is adequate.

Answer 8

The police and troopers do it all the time. You have to remember that law enforcement are public servants. They make sure that people obey the law. If your driving over the speed limit your breaking the law, thus you get a ticket.

Answer 9

Your gulity pay your fine. It doesnt matter if the car does or does not have lights on top, thats why they are called un marked cruisers makes it easier to tag speeders that way.

Answer 10

What is there to contest? Maybe I am missing something, but it does not sound like she did naything wrong or out of the ordinary, sorry. Also, it is not up to the officer to decide what the fine or points will be, that is already set.