STATEMENT OF THE CASE

                      PROCEDURAL BACKGROUND


     The Defendant/Appellant Janos Dohanics was issued a citation

for an alleged violation on October 11, 1996, under 75 Pa. C.S.A.

s.3362 (a) (1). On November 21, 1996, defendant was convicted of

violating 75 Pa C.S.A. s.3362(a) (1) regarding maximum speed limit,

by District Justice William Wagner, at docket number TR 3760-96.

On January 27, 1997, defendant was convicted at a trial de novo

before Judge Warren Watson for the offense of exceeding the 35 MPH

speed limit of an urban district, at docket number 2378 CL 96.

                        FACTUAL BACKGROUND

     At trial before Common Pleas Judge Watson, the citing officer

presented testimony of distance between pavement markings and

elapsed time, as listed on the traffic citation. The officer

testified that his VASCAR Plus electronic device indicated

defendant's speed as 66 MPH. The defendant presented a witness who

rebutted the officer's testimony by showing that the speed and

distance parameters on the traffic citation indicated defendant's

speed to be very nearly 44 MPH. The trial court accepted the

testimony of defendant's witness and adjudged defendant guilty.

Defendant/Apellant appealed to Superior Court.


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