Motorcycle speeding

You were on a sport bike and you actually stopped? Cops lucky day.

 

@TommyTrucker88 I have a few questions that may help your defense, not that I condone speeding but Pennsylvania has very clear laws regarding the citation and conviction of speeders. Assuming you were cited in Pennsylvania.

Did they issue you a speeding citation for simply failure to maintain a safe speed (ss 3361) or did they actually cite you for going 70 in a 65? It would help if you could reply with the actual law cited under, usually found on the right side of your traffic ticket in PA near the fine box.

Were you in an active work zone?

The answers are a big deal because PA Vehicle Code does not allow a speeding conviction until you are at least 6 MPH over the posted limit except in school and work zones. See the bold and underlined section below;

§ 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 one year prior to the alleged violation and immediately upon change of tire size. 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.

 

That all might not matter if he put on the citation what the actual speed was as stated in:
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.


If he was clocked above 71 and it is on the citation...the cop cut him a break.

 

That is why I asked him how the citation was written. It makes a huge difference in Pennsylvania exactly which subsection they cite you under. Also, our citations in PA do not have a place for the officer to charge you with one speed but note another, they can make those type of notes off the record in their book but the court simply sees the charge of XX in a XX zone, or a charge of violating ss 3361 safe speed which doesn't require a speed to be noted.

The concept is to prevent "speed traps", which is why only the State Police have the authority to use radar, all other officers have to use a mechanical timing device such as a speedometer in a following car or a device to measure elapsed time between two fixed points. It is pretty hard to get a speeding ticket in PA unless you are not familiar with the regular areas that have been marked and measured for the municipal officers or are caught by a Trooper on the highway.

 

Yeah that’s what I mean. Most know they won’t even bother so they just hit it for a minute or two.

 

Not sure why a speeding ticket is such a big issue with so many drivers, it happens people are not perfect although i do kind of sympathize with you for getting a ticket for only doing 5 over, most cops will have a tolerance level say 5 - 10 % obviously you've met one that don't. Personally if i get a ticket i just man up and pay the fine, unless i was absolutely sure i wasn't speeding then maybe then i would fight the fine.

 

Just to tell you something about Speedometers and cops, the regulations on speedometers are clear and you should use that in your defense.

Here is how it goes.
FMCSA - §393.82 Speedometer.
Each bus, truck, and truck-tractor must be equipped with a speedometer indicating vehicle speed in miles per hour and/or kilometers per hour. The speedometer must be accurate to within plus or minus 8 km/hr (5 mph) at a speed of 80 km/hr (50 mph).

So that means a 10% tolerance plus or minus.

Got it.

If you are going 65 mph, that means you have to exceed the speed limit by 6.5 mph (or 71.5 mph) to be in violation if your speedometer says you are doing 65.

I won't get into the details of something I went through but when the speedometer says I am going 65 and I am pulled over and handed a ticket for 5 over, I am going to fight it and go to court with the regulation in hand. I feel there is a problem when a cop writes a ticket for 5 over when the tolerance may be 6 over, the laws are skewed at that point.

 

False if you are going 65 in a 65 and everybody around you doing 70, you are the one causing congestion. They teach you that in drivers ed, or did 8 years ago amyway.

 

Eight years ago #### I feel old is got socks older than that