17

           evidence obtained through the use of devices

           authorized by paragraphs (2) and (3) in an area

           where a legal speed limit is less than 55 miles

           per hour if the speed is reported less than ten

           miles per hour in excess of the legal speed limit.

              I would just respectfully ask Your Honor that

           based on the officer's own testimony, that is the

           facts that he gave as to the time and distance,

           and based on the mathematician's testimony,

           there's just only one speed reading possible, with

           one correct speed reading possible with a certain

           time and distance; and as a result of the

           calculations, it's 44 miles per hour.

              The Statute says that the officer couldn't

           even have stopped me because it was less than ten

           miles per hour.

              THE COURT: That's not accurate. The Statute

           doesn't say that. It says less than six miles.

              THE DEFENDANT: No, no, ten miles, Your

           Honor.

              THE COURT: What's he talking about?

              THE DEFENDANT: If the speed limit was less

           than 55.

              THE COURT: He couldn't stop you?

              THE DEFENDANT: No, no. It's - I don't
                   
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                                                         18

           know. I just read it, Your Honor.

              THE COURT: The point is this. You have

           said -- your witness said you were going 43.9

           miles an hour. You're in violation of the law.

           I'm going to find you guilty of 43, over 35.

              You have a right to appeal to the Superior

           Court.

              THE DEFENDANT: Thank you, Your Honor.

              (Hearing concluded.)
                   
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                                                         19

COMMONWEALTH OF PENNSYLVANIA, )
                              ) SS:
COUNTY OF ALLEGHENY.          )



                   CERTIFICATE OF REPORTER


     I, John Andrejcik, do hereby certify that the evidence

and proceedings are contained fully and accurately in the

machine shorthand notes taken by me at the hearing of the

within case, that the same were transcribed by me, and that

this is a correct transcript of the same.

     The foregoing record of the proceedings upon the

hearing of the above cause is hereby approved and directed

to be filed.
                   
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                COMPUTER-AIDED TRANSCRIPTION

How could this have happened? Our man handed a copy of the statute to Judge Watson, but he wouldn't take a look.

Shouldn't the judge know the law? One thinks he or she should. But if he is challenged, should he not look up the statute in question?

Now, what's next?

 

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