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PA Ticket Help

Discussion in 'Mid-Atlantic Region - USA (PA, DE, MD, DC, VA)' started by coolestkidever, Jun 16, 2009.

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  1. coolestkidever

    coolestkidever F1 Veteran

    Feb 28, 2004
    5,538
    NJ
    Full Name:
    Patrick
    Hey guys, a couple questions for those in the know on PA speeding tickets.

    I got a ticket earlier this month for 40 in a 25. Cop bumped it down to 30 in 25 but I decided to fight it anyway on the grounds of a couple things:

    1) The last speed limit sign is over a mile away from where the cop was staking out and the next sign says 35 mph. The street he was on was at the bottom of a steep hill right before it crosses over 476 and into Haverford township ( so still in Broomall Twp).

    2) The speed limit after the cross over into Haverford Twp raises to 35 on the same road. I was actually pulled over in front of a 35 mph speed limit sigh. talk about frustrating.

    3) Im fairly certain, still have to check a map, that the cop had to cross twp borders to pursue me and actually ended up crossing over too Haverford Twp. to actually pull me over. Does he need permission to do that? If so and he did not receive that, is it grounds for dismissal?

    Ive never fought a ticket before so any help would be greatly appreciated. Court isnt until early July.
     
  2. Alxlee

    Alxlee F1 Rookie

    Apr 8, 2002
    3,697
    Wilmington, DE
    Full Name:
    Alex Lee
    You're better off trying to get probation before judgement. 5 MPH over isn't so bad. I don't believe your points below have much merit. Speed limit sign being over a mile away is not an argument unless there's a law that states that speed limit signs have to be a certain distance away...there isn't as far as I know. The change in the speed limit comes into effect at the sign, not in front. (I've heard that ruling in court before.) 40 MPH would still be over the 35 MPH limit. Question 3, nope and nope.

     
  3. MJT328GTS

    MJT328GTS Formula Junior

    Mar 30, 2005
    374
    St. Louis
    Full Name:
    MJT

    You may have a case here. Typical PA cops trying to catch speeders in a "25 MPH" zone change. It's common around my area as well and many people have fought it and won.

    First, check out where it first changed from 35 to 25 in the direction you are headed. The law requires a minimum of 1/8 of a mile into the new speed limit before he can nab people. Also, if you got onto that road and it didn't have a speed limit sign before he nailed you, then you have a case as well. That's why they post signs every 1/2 mile (usually).

    Second, ask PENDOT for the traffic study that allowed them to change the speed limit to 25. All PA roads have to be at least 35 MPH unless approved to list lower based on an engineering traffic study. If they don't have such a study, then it shouldn't be 25. It's the law.

    Crossing over borders isn't an issue. They can do that. But I don't think they can catch you right at the border. They have to be inside their borders within so many feet.

    All of this information is in the PA vehicular code books you can get in a college library. Check it out.


    There was actually a strip of road in my area where they changed it from 35 to 25 (local cops), nailed a lot of people, and were successful for a time until people got ticked off and fought it. Months later they changed the signs back to 35. Guess they were hoping that people wouldn't fight back.
     
  4. dm_n_stuff

    dm_n_stuff Four Time F1 World Champ
    Lifetime Rossa Owner

    #4 dm_n_stuff, Jun 16, 2009
    Last edited: Jun 16, 2009
    CK,

    Suck it up. Pay the fine, take the three points, move along.

    In PA, if you're more than 100 yards into a new speed zone, you've had ample time to slow down and they can ticket you, even if you go from a 55 to 25 zone.

    No signs for a mile? doesn't matter, what's the urban speed limit in PA unless otherwise posted? 25 MPH. So, he's got you coming and going.

    He can chase you to the end of the state if he wants to. that crossing a township, or even county line stuff is for Smokey and the Bandit, not for the real world.

    And, last but not least, the guy cut you a major break only writing you for 5 over, and you're gonna bust his balls? I don't think so.

    As Baretta said, "Don't do the crime if you can't do the time."

    So, pay the fine, save the gut a trip to court and take your tiny little lumps on this one.

    DM
     
  5. ALPO

    ALPO Formula 3

    May 13, 2005
    1,482
    Annapolis area
    Full Name:
    alpo
    #5 ALPO, Jun 16, 2009
    Last edited: Jun 16, 2009
    1 - buy the cop a month's supply of donuts for cutting you a break

    2 - go to court and plead STUPIDITY, no excuse, but that you will be more mindful in the future.

    I did that once and the judge said she appreciated my comments after hearing all the excuses you could ever imagine.

    She gave me PBJ, no points OR COURT COSTS. She said it was refreshing to hear someone being truthful for a change.

    Be humble, sincere and contrite.

    Let us know how it works out for you.
     
  6. Mondog1

    Mondog1 F1 Rookie
    Silver Subscribed

    Jul 27, 2006
    3,954
    Philly burbs
    Full Name:
    Robert
    #6 Mondog1, Jun 16, 2009
    Last edited: Jun 16, 2009
    I was busted for going 30 in a 25, since it was only 5mph over and not 6 I received no points and the fine was reduced to something around $110. I forget what it was written up as. Disobience to a traffic device?
    Pay the fine and forget it. You got screwed but you could have been ****ed if it was written for 6mph or faster. My ticket never showed up on my driving record either.My insurance didn't find out either. I don't know if you appeal it if he can change it again on you to the true speed or not.
    Too bad you didn't make it into Haverford TWP(I live here). The cops here are pretty cool. I see very few people pulled over by the Police.
     
  7. JoeZaff

    JoeZaff F1 Veteran
    Owner

    Aug 5, 2007
    5,459
    Philly suburbs
    Full Name:
    Joe
    Go to court, take the deal offered...there is always a deal...and it will be better than you will do at trial. If its Philly, you can even haggle a bit.

    However, for the sake of all that is good in this world, do not be that schmuck who goes into traffic court with a technical argument, but no attorney. Traffic court sees countless offenders per week, and all the contested cases go last. There is nothing on this great earth that a Traffic Court Judge hates more than some "punk" thinking he is about to have a Perry Mason moment.
     
  8. Alxlee

    Alxlee F1 Rookie

    Apr 8, 2002
    3,697
    Wilmington, DE
    Full Name:
    Alex Lee
    They do that here...get pulled over for 75 in a 55, they'll right you up for like 64 and note that the original speed was 75. If you haven't had a ticket in the last two years and you're less than 15 over you get a fine but no points. Show up in court though, and it's back to the original 75. 20 MPH over is 6 points here!
     
  9. Alxlee

    Alxlee F1 Rookie

    Apr 8, 2002
    3,697
    Wilmington, DE
    Full Name:
    Alex Lee
    Can it really get any better than 5 MPH over? I'd love that if I was caught at 15 over.
     
  10. JoeZaff

    JoeZaff F1 Veteran
    Owner

    Aug 5, 2007
    5,459
    Philly suburbs
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    Joe
    #10 JoeZaff, Jun 16, 2009
    Last edited: Jun 16, 2009
    Yep...but don't ask me what specific charge...ITS BEEN A LONG TIME. Without sounding to cynical, this is a revenue generator, they are not out to save the world. They will usually offer something better than what you are charged with just to keep things moving and not have to deal with a bunch of trials.

    Personally, if I got a 5 mph I would probably not bother fighting it, he already got cut a nice break and the police liaison or DA (depending on what county) is not likely to cut him any more slack, especially if the P/O wrote in the notes that he was stopped doing 40mph...but it appears that ship has sailed already.
     
  11. coolestkidever

    coolestkidever F1 Veteran

    Feb 28, 2004
    5,538
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    Patrick
    #11 coolestkidever, Jun 17, 2009
    Last edited: Jun 17, 2009
    well the fine for 40 in 25 was 140 and 2 points and the fine for 30 in 25 was 119. So I guess that is a bit of a break. No points though he said for 5 over, but he did note my real speed on the citation. Im wondering if that will come into play or not, most likely will.

    I think I will take a look into the PennDot thing, chances are that it will say because the road is windy it warrants a 25 mph zone.

    I have no problem paying the fine, but its just a road that I have driven thousands (only time I have ever seen an officer monitoring speed too) of times and should not be 25 and I was coasting down the hill, it is just aggravating. I somewhat also wanted to plead not guilty to gain the experience of going to the magistrates office and seeing how the "system" works.
     
  12. Carnut

    Carnut F1 Rookie
    Rossa Subscribed

    Nov 3, 2003
    3,797
    Gladwyne PA
    Full Name:
    Morrie
    I have been given quite a few tickets, in fact I think some of the local judges know me by sight. My advise, pay the fine, you will not be given any points, be happy, walk away. Do not get too technical, do not piss anyone off, they will remember you if you do, not a good thing.
     
  13. JoeZaff

    JoeZaff F1 Veteran
    Owner

    Aug 5, 2007
    5,459
    Philly suburbs
    Full Name:
    Joe
    +1
     
  14. straightpipe

    straightpipe Karting
    Silver Subscribed

    Apr 23, 2007
    226
    West Chester, PA
    Full Name:
    Tom
    I feel your pain, it's easy to do 40 on that divided roadway and most of the time the traffic is flowing faster. I unfortunately, was the king of turnpike tickets when 55 was the limit. Thousands of miles between Buffalo, Greensboro NC, to Dayton, 24/7. Get a local lawyer that handles tickets and knows the Judge and cops. He should talk to the cop just before court and hopefully help your case (points). Carrying points for two years is a problem more so than the $. The tough part is the cop has already given you a break and may not budge. I had a cop in Harrisburg change a stop sign roll-through to a non point offense with the same $ fine. Only once did a trooper not show up for court.
    Good Luck
     
  15. BJMoravek

    BJMoravek Formula Junior

    Jun 4, 2008
    462
    Boondocks, Maryland
    Just pay the ticket.....
     
  16. breitlingherst

    breitlingherst Karting

    Aug 21, 2007
    51
    were you in your Ferrari at that time?

    If you were in Montgomery County the cop probably would have hit you for the full 40 in a 25, along with 4 other cop cars showing up because they dont have much else to do!!!

    in light of the note that you were doing 40, i would say pay the fine and make sure no points show up on your record.
     

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