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Gerald, Esq
Gerald, Esq, Lawyer
Category: Traffic Law
Satisfied Customers: 2739
Experience:  30 years of experience
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I recently received a ticket (Pennsylvania Section 3362 A1)

Customer Question

I recently received a ticket (Pennsylvania Section 3362 A1) for doing 62mph in a 35mph zone. The speed detection device was ROBIC, which I believe is basically just a stopwatch. I have read online (Title 75, Chapter 33, Section 3368) that these devices must be calibrated every 60 days. I was issued the ticket on May 24, 2016...60 days before this date would have been March 25, 2016.
On the ticket that I was issued under the 'Date Equip. Tested' it says February 25, 2016.
Based on this, would a judge dismiss the citation in court? I plan on pleading not guilty in the hopes they will at least allow a plea bargain.
Submitted: 5 months ago.
Category: Traffic Law
Expert:  Gerald, Esq replied 5 months ago.
Hello,Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question. It is worth fighting the ticket and trying to negotiate a reduced violation. But challenging the calibration of the stopwatch is not a winning argument in PA. Local police in PA are not permitted to use radar. Instead they use two markers (usually two white painted stribes on the road) and time how quickly you go through that designated space. The it is just a matter of math. Most district magisterial justices who you will appear before are not sypathetic to the argument that you are suggesting. BUT many of them are predisposed to altering the violation to "Failure to Adhere to Traffic Device." This violation is a NO POINT violation. Since it is the Points that drive the insurance issue and the driver suspension issue, persuading the prosecutor to amend the charge is a good outcome for you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday. I hope the information I have provided is useful to you and that I have earned a positive rating from you. It costs you nothing extra, and is the only way I get credit for my attempt to assist you. If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.Good luck, Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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