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The officer who pulled me over with Accutrac was sitting approx. 75 feet in front of a "Begin 40mph" sign when he pulled me over a 1/4 mile down the road for doing 51mph in the 25mph zone prior to the 40. Is he able to sit that close to the change in speed signs and if he was using Accutrac is it a viable case that he actually started timing me in the 40mph zone?

2007-11-19 14:29:22 · 3 answers · asked by chappyP 1 in Politics & Government Law Enforcement & Police

3 answers

In PA, police cannot run speed within 500ft of a speed limit change showing DECREASE in speed, unless it's a school zone, construction, hazardous grade speed, bridge and elevated structure speed limits.

PA VC Title75 Section 3368(e)

Edit: Let me clarify. If the speed was 25 going to 40, he was justified in stopping you. As per your explanation.

Sorry, one more edit: Even if he timed you after the increase of speed, you will still be 10 miles an hour over the limit. Enough to stop you and give you a ticket. Most PA magistrates will accept an officer's request for an amendment. Did you get an actual Max speed or a Obedience to traffic control device? The later is just a fine w/no points off your license.

2007-11-19 14:42:49 · answer #1 · answered by Rod 3 · 0 0

GOING TO SITE ROD HAS GIVEN, IT IS PA VC TITLE 75 SECT 3368 (C-4)
"IF THE SPEED LIMIT IS LESS THEN 55(YOU SAID 40)--THEN 10 MPH IN EXCESS OF THE SPEED POSTED(40)

NOW YOU SAY 51 /25 TICKET.

ACCORDINGLY I FEEL BY LAW THE OFFICER CAN SIT ANYWHERE HE WANTS.

AS CITED IN 3368 (E) BY ROD, IT SAYS (500' ) BUT IT ALSO SAYS ("AFTER A SPEED LIMIT SIGN, INDICATING A DECREASE IN SPEED") THIS WOULD MEAN 500' DOWN THE ROAD FROM THE SIGN--THUSLY NOT GIVING YOU ENOUGH TIME TO SLOW DOWN FROM READING THE SIGN? (MATHEMATICS OF COEFFICIENTS AND TIME LAPSE)
THE OFFICER CAN WRITE YOU A TICKET FOR 51 IN A 40 AND ACCORDING TO WHAT I READ, THE STATE AUTHORIZES A 6 MPH FREE BEE SO YOUR TICKET IN COURT WOULD BE 46-51 OR 5 MPH OVER THE POSTED AND ALLOWABLE SPEED BY STATE LAW.
SINCE THE 25 MPH ZONE IS DOWN THE ROAD, YOU SHOULD HAVE BEEN ABLE TO SEE THE SIGN AND SLOW DOWN TO THE APPROPRIATE SPEED.HE CLOCKED YOU OUTSIDE THE 500' RANGE (BEFORE / NOT AFTER)
IF I WAS YOU THIS FACT WOULD PRESENT REASONABLE DOUBT TO THE COURT. CHALLENGE IT ON THESE GROUNDS AND LET THE JUDGE MAKE A RULING ABOUT THE LAW TO BE APPLIED??

2007-11-19 15:50:19 · answer #2 · answered by ahsoasho2u2 7 · 0 0

Good grief, all this hair-splitting! Whether the cop was sitting a hundred yards in front of the sign, two feet behind the sign or perched on top of the sign, you were going 51 mph in a transition zone between 25 and 40. Any judge that doesn't hold you to the ticket should be removed from the bench.

2007-11-19 15:04:44 · answer #3 · answered by Anonymous · 2 0

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