How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Chris T., JD Your Own Question
Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4827
Experience:  Experienced in both state and federal court.
45002201
Type Your Legal Question Here...
Chris T., JD is online now
A new question is answered every 9 seconds

75 Pa 3362 c) Penalty.-- (2) Any person exceeding the maximum

This answer was rated:

75 Pa 3362
c) Penalty.--
(2) Any person exceeding the maximum speed limit by more
than five miles per hour shall pay an additional fine of $2
per mile for each mile in excess of five miles per hour over
the maximum speed limit.
If this wording of the statute is the actual wording (not a misprint) it is not correct. miles per hour is indeed a unit of speed. However "per mile" is a unit of distance. If it was worded
... pay an additional fine of $2 per mile per hour for each mile per hour in excess of five miles per hour.., It would make sense

TexLawyer :

Good evening. I will be assisting you with your question.

TexLawyer :

What is your question about the statute?

Customer:

I have a masters degree in physics. The units of measure they are using in this statue are mixed. "miles" is not the same as "miles per hour"

TexLawyer :

You are correct. However, a court would consider it in context of the entire statute, as well as legislative intent.

TexLawyer :

However, strictly reading the statute, you are definitely correct, it is incorrect.

TexLawyer :

Did you just want to check and make sure your interpretation was correct, or did you have a question about the statute's application?

Customer:

So, it doesn't help that it is not correct? The way I read it, they could only give a penalty for 5 miles per hour.

TexLawyer :

If you challenged the statute a court would likely look to the context of the language and, perhaps more importantly, look to legislative intent.

TexLawyer :

Clearly, the legislature intended for it to apply to each mile per hour, and an appellate court would side with that interpretation.

Customer:

Ok. Lost cause then?

TexLawyer :

Most likely, yes. An appellate court will just interpret it the way the legislature intended.

TexLawyer :

You can try to challenge it, but you should know that tou are not likely to prevail.

TexLawyer :

*you

TexLawyer :

Sorry for the bad news, but I can only give you an honest assessment of the law and your case. Doing otherwise would be unfair to you and unprofessional.

TexLawyer :

If that answers your question, please remember to "rate" my answer.

Chris T., JD and 7 other Legal Specialists are ready to help you

Related Legal Questions