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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I was pulled over in southwest pa for supposebly going 52 in

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I was pulled over in southwest pa for supposebly going 52 in a 35 which I know I wasn't. Anyway they used robic on a .014 mile distanse and said I was .96 seconds it said the equipment was tested July 1 2013 the ticket was wrote at 8/31/13 so 61 since it was tested if I'm not mistaken its suppose to be tested within 60 days of any ticket? It was also 7:55 in the evening at dust when the officer turned her lites on I was only 40mph which I was then in a 45mph zone. Finally I also question whether the 500 ft from the first 35mph speed sign wasn't broke
Thank you for your question. Please permit me to assist you with your concerns. I also happen to be Pennsylvania licensed and will try to help as much as I can.

I understand that you were pulled over. What specifically can I answer for you? Are you seeking to challenge the ticket or to pay it? Or are you seeking the cheapest solution in this instance?
Customer: replied 3 years ago.

I'm seeking to challenge it

Eric,

If I may ask, what is your current driving record? Will you be able to appear in court? Will you be challenging this on your own, or with an attorney?
Customer: replied 3 years ago.

I have a clean driving record I will appear most likely by myself.

Eric,

Thank you for your follow-up. One final question if I may, and I assume that the answer is no but I have to ask. Do you have any recording devices in the vehicle such as cameras or phones, or 'black boxes' that record your vehicle's mileage, speed, and other pertinent information?
Customer: replied 3 years ago.

Not that I am aware of I was going off of the pa title 75 subsection 3368(c) (3) and (d) on the ticket must be written within 60 days of testing equipment though I don't know if I would be coorect on this pertaining to robic

Customer: replied 3 years ago.

No I have no recording devises I'm pa title 75 I believe states there equipment must be tested every 60 days it was 61 when I was ticketed not sure if you got my last response


 

Thank you for your patience, Eric. I do apologize for the delay.

I have pulled up the statutory authority for review and I do agree with your position that this ticket can be fought. The statute does require testing--while it does not mean that the ticket is invalid on its own, if the equipment was not calibrated recently, you can bring up a claim that this is not a valid ticket because the mechanical testing is not proven to have been recently tested for accuracy. You are not mistaken at all, the code is clear on the calibration requirement. I would also suggest that you come back to the location where you were cited and take pictures of speed limit signs--if there are no signs designating the zone as 35 MPH, you can claim that the zone is 45 MPH (if not within city limits), and as the code requires anyone going under 55 MPH to be cited above 10 miles if under mechanical testing, the ticket would likewise be invalid.

Good luck.

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