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Can I challenge a speeding ticket?

Royersford, PA |

I was pulled over for doing 43 mph in a 25 mph zone. I don't doubt that I was going over 25, but I find it hard to believe that I was going that fast. Is there a way to challenge this? Also, in Pennsylvania, is it true that a traffic case will be dismissed if the police officer doesn't show up for the trial? Lastly, if I plead "not guilty" an try to fight this ticket in court, would there be additional court costs above and beyond those specified on the citation?

Attorney Answers 4

Posted

I'll address your questions one at a time. First, you can challenge it, but your likelihood of success depends on various factors, one of which is what type of timing device was involved.

Second, some MDJs will dismiss the case if the officer fails to appear. Others will call the officer and give him/her a second chance to appear if they can get in touch with them. It all depends on that particular MDJ.

Finally, if you plead not guilty and are ultimately convicted there will be additional court costs. If you are found not guilty, of course, there will be no costs.

There are other potential resolutions. I would recommend contacting an attorney in your area who offers a free consultation.

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Posted

Thank you for your answer. The officer used VASCAR over a distance of 100 feet. Seems like there is a large margin for human error with this device over such a short distance, which should create a "reasonable doubt" But I've done some research and it looks like most MDJs don't care about that, because PA law doesn't require a minimum distance for VASCAR, and they tend to side with the police. Also, I don't know if this would make any difference, but I've been driving for 24 years, and this is the first speeding ticket I've ever received. Think they would reduce the speed and give me no points if I brought up my long, spotless driving record?

Jeffrey Andrew Rowe

Jeffrey Andrew Rowe

Posted

Pointing that out certainly wouldn't hurt.

Posted

You are looking at points and a possible administrative hearing. Therefore, it is suggested that you retain a criminal defense attorney to represent you at the hearing. Good luck.

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Posted

Thanks for your answer. I looked into the points and I believe it would be 4 points. What is an administrative hearing? Isn't that when you have more 6 points? I have never had a traffic violation before, and have been driving for 24 years, so I have no points on my license, and never have had them. I may look into retaining an attorney. Thanks again.

Robert C. Keller

Robert C. Keller

Posted

You are correct. An administrative hearing is triggered at 6 points.

Posted

You can always fight, it just might be expensive to do so.

Disclaimer: No attorney client privilege is established by receiving an answer to your question on Avvo. This answer is provided for informational purposes only. If you have further questions, please do not hesitate to visit my Avvo profile or website -- www.AfterTheTrial.com -- to set up an appointment to talk more about your issue. As required by Rule 7.2(e), Alabama Rules of Professional Conduct, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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Posted

Depending on the court, the non-appearance of the officer may or may not cause a dismissal. However, I wonder what makes you think that the officer will fail to appear? You will be in a much better position retaining an attorney

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Asker

Posted

Thanks for your answer. I have no reason to think the officer wouldn't appear, and realize that the chances of him not showing are small. But a small chance is better than no chance. I may contact an attorney - thank you.

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