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Appeal Brief

Judge Watson's Opinion
State Concedes Case

 
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA


COMMONWEALTH OF PENNSYLVANIA,      )   CIVIL DIVISION
                                   )
               Plaintiff,          )
                                   )
               VS                  )   2378 CL 96
                                   )
JANOS DOHANICS                     )
                                   )
               Defendant.          )



                                       OPINION

                                       WATSON, J.



                                       Copies mailed to:

                                       Nicole Ciafre, Esq.
                                       William F. Askin, Esq.


On 11 October 1996, Officer Scott Rick of the
Pine/Marshal/Bradford Woods Police Department was operating a
speed timing device on a public roadway when he timed a vehicle
being operated by Defendant, Janos Dohanics, traveling at a speed
over ten miles in excess of the posted limit for that area of
roadway. Defendant was cited for that violation and appealed to
the Court of Common Pleas of Allegheny County.

At trial documents evincing the accuracy of the speed timing device
instantly used and the officer's proficiency in the operation of that
device were offered by the Commonwealth and admitted into evidence
by this court.

Defendant attacked the validity of the speed timing device as it was
used by Officer Rick and concluded that, as such, it could not have
provided accurate results. In support thereof he offered the testimony
of an individual who provided the court with mathematical
calculations to that effect.

We accepted the testimony of Defendant's witness and agreed that
Defendant was traveling some eight miles per hour in excess of the
posted limit rather than the figure put forth by the prosecution.

Ergo, by our order dated 27 January 1997 we found Defendant guilty.

Judge Watson

 

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