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From: Not Happy on Monday, November 15, 1999

State: Pennsylvania

Story: TICKET: Received a citation/summons for violating 3111(a) of Title 75 -- "Obedience to traffic-control devices." The officer claimed he was "giving me a break" by not writing me up for going 56.4 in a 40 mph zone. He says the fine would have totalled $142.00 if he gave me the speeding ticket. Instead, under 3111(a), it is only $93.00 total.

SETTING: The ticket was issued at 12:12 a.m., in a pitch-black area with no street lighting. The officer claims he timed me for 2.30 seconds for a distance of .0361 miles. Also, from where the officer's car was parked, he could not have been able to see the second line he used for the VASCAR reading. I parked my car in three different spots near the lines and only in one spot could the officer have seen BOTH lines at the same time. My wife was in the car with me and can testify as to where the patrol car was parked. (It was NOT in the spot where the officer could see both lines!) QUESTION: I just got this citation and I want to challenge it. Could you tell me what arguments hold the best chance of succeeding?

1) Validity of the stop
2) Accuracy of the VASCAR reading
3) Scene of the stop (dark, inability to see lines, etc.)

Thanks.

 

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