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 COURT OF COMMON PLEAS COMPUTER-AIDED TRANSCRIPTION 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.) COURT OF COMMON PLEAS COMPUTER-AIDED TRANSCRIPTION 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. COURT OF COMMON PLEAS 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?
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