STATEMENT OF THE OUESTIONS INVOLVED

         1. If the only evidence of speeding is from a VASCAR Plus
calculation where the trial court accepts rebuttal testimony
showing the speed to be eight or nine miles per hour above the 35
MPH posted limit, is it an error of law to convict a person when
such conviction is prohibited by statute?

         Answer: Yes, an error of law to convict.



         2. When the Commonwealth's evidence of speed is discounted by
the trial court , is it an error of law to convict when the
Commonwealth offers no other electronic speed device evidence?

         Answer: Yes, an error of law to convict.


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Appeal: Page 3