PA - the 10MPH over law.. or how to beat a ticket!
Posted: Fri Mar 30, 2012 10:42 pmALWAYS OBEY THE LAW (but make sure you know it) DRIVE SAFELY. THIS IS NOT LEGAL ADVICE AND I AM NOT AN ATTORNEY. USE IT AT YOUR OWN RISK!
If anyone ever gets a speeding ticket there are some laws that you need to know about.. and not pay a fine when you were operating a vehicle LEGALLY.
First, NEVER ARGUE WITH LEO ON THE SIDE OF THE ROAD. STFU, sign the ticket and be on your way.
Pay the fine and plead NOT GUILTY, send in a check for the fine/fees (you will get it back if/when you win).
Get your date to appear in front of the Magistrate. DO NOT TALK TO THE LEO AT COURT. He WILL try to convince you to agree to plead guilty to a 'lesser charge' with 'no points'. But still costs the same fine/fees. DON'T DO IT. Print this section out (not from here, from the PA CODES Web Site).
The key is here:
Title 75 - VEHICLES
Chapter 33 - Rules of the Road in General
3368 - Speed timing devices.
(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.
So lets do some math. If you are in I-81 you CAN LEGALLY DO 70 MPH. Posted limit is 65, they cannot cite you unless your speed is 6 (SIX) miles per hour more than the posted speed limit (65+6=71)
Say you are on a back road with the limit posted at 45, MPH. Posted limit is 45 (which is less than 55) you can go 45+10=55. Since 55 is NOT LESS THAN (its equal to) 45+10 you get to do 55! If the posted speed limit is 35, you get to go 45.
The gotcha is the SCHOOL ZONE and WORK AREAs... the posted limit its the actual posted limit.
Why? In PA the dirty little secret is that BY STATUTE, the speed limit on all State Roads is 55MPH. It can only be changed by a very specific and lengthy process called an engineering study.
Every piss ant local cop with an ENRAP device on loan is going to try and nab you for 2 or 3 over.... BS! Fight it and WIN! Once the local cops start to see that they are losing in court (while still having to pay for the LEO's time to show up, prepare etc) they will start to follow the law.
This isn't an ANTI-LEO rant. Its about making LEO follow the law. If you are not in violation of the law, you should not be fined/assessed points for anything. LEO will write you a ticket for exceeding the POSTED limit and HOPE you simply plead GUILTY and pay the fine. Most people do.. which is a shame as they have done NOTHING WRONG other than not KNOW THE LAW.
Remember the famous quote "Ignorance of the law is no excuse'? Works both ways... KNOW THE LAW and use it to protect yourself from speed traps.
I'll have another 'get out of speeding tickets free' post in a bit..
If anyone ever gets a speeding ticket there are some laws that you need to know about.. and not pay a fine when you were operating a vehicle LEGALLY.
First, NEVER ARGUE WITH LEO ON THE SIDE OF THE ROAD. STFU, sign the ticket and be on your way.
Pay the fine and plead NOT GUILTY, send in a check for the fine/fees (you will get it back if/when you win).
Get your date to appear in front of the Magistrate. DO NOT TALK TO THE LEO AT COURT. He WILL try to convince you to agree to plead guilty to a 'lesser charge' with 'no points'. But still costs the same fine/fees. DON'T DO IT. Print this section out (not from here, from the PA CODES Web Site).
The key is here:
Title 75 - VEHICLES
Chapter 33 - Rules of the Road in General
3368 - Speed timing devices.
(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.
So lets do some math. If you are in I-81 you CAN LEGALLY DO 70 MPH. Posted limit is 65, they cannot cite you unless your speed is 6 (SIX) miles per hour more than the posted speed limit (65+6=71)
Say you are on a back road with the limit posted at 45, MPH. Posted limit is 45 (which is less than 55) you can go 45+10=55. Since 55 is NOT LESS THAN (its equal to) 45+10 you get to do 55! If the posted speed limit is 35, you get to go 45.
The gotcha is the SCHOOL ZONE and WORK AREAs... the posted limit its the actual posted limit.
Why? In PA the dirty little secret is that BY STATUTE, the speed limit on all State Roads is 55MPH. It can only be changed by a very specific and lengthy process called an engineering study.
Every piss ant local cop with an ENRAP device on loan is going to try and nab you for 2 or 3 over.... BS! Fight it and WIN! Once the local cops start to see that they are losing in court (while still having to pay for the LEO's time to show up, prepare etc) they will start to follow the law.
This isn't an ANTI-LEO rant. Its about making LEO follow the law. If you are not in violation of the law, you should not be fined/assessed points for anything. LEO will write you a ticket for exceeding the POSTED limit and HOPE you simply plead GUILTY and pay the fine. Most people do.. which is a shame as they have done NOTHING WRONG other than not KNOW THE LAW.
Remember the famous quote "Ignorance of the law is no excuse'? Works both ways... KNOW THE LAW and use it to protect yourself from speed traps.
I'll have another 'get out of speeding tickets free' post in a bit..