Given 3111(a) citation but wasn't speeding

Asked over 1 year ago - Exton, PA

Traveled down road that had "road closed" sign. Turned around, and officer pulled me over. Cited me with 3111(a), but box 24 states Max Speed Limit and box 25 states Speeding. No other info on citation; no speed, no limit, no method of clocking. I know 3111(a) is no-point offense, but I wasn't speeding. Can I argue that I wasn't speeding, Officer hasn't given any proof, and that in Commonwealth v Masters, "the trial court determined that compliance with the requirements of 75 Pa.C.S.A. § 3368(a), which requires timing of a vehicle for 3/10 of a mile, must be met before the offense defined in 75 Pa.C.S.A. § 3111(a) is established. This is in situations where the traffic control device at issue relates to the posted speed limit. We must agree."

Attorney answers (3)

  1. 2

    Lawyers agree

    Answered . You could try it. You could win.

    However, the officer can also amend the citation to either:

    (a) reflect another violation such as disobedience of the Road Closed sign. You lose.
    (b) include the speed, timing device, etc. - He/she likely kept notes on the back of his copy of the ticket. Most officers do. In which case, you may lose.
    (c) amend to 3361 (because any speed on a closed road would be too fast). You lose.

    With a ticket worth 25.00 plus costs and carrying no points, you will have to decide whether it is worth it to see if you can convince a judge (who likely is not a lawyer) to find you not guilty.

  2. 2

    Lawyers agree

    Answered . 3111 is failure to obey a traffic control device, like a road closed sign, or any other sign for that matter. Small fine, no points on PA license, points in some other states though if you were only visiting PA and have an out of state license. I'd pay the $100 and be done with it if I were you. Too much to risk.

  3. 1

    Lawyer agrees

    Answered . As Mr. Morgan stated, you may have a point on the 3111(a), but the officer is likely to come out on top in the end. Quite honestly, he gave you a break by not citing you for a more specific offense. Had he cited you for a moving violation, your insurance rates would rise.

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