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Is it legal to go 1-5 mph over the speed limit?

Hatfield, PA |
Filed under: Criminal defense

I got pulled over for speeding, and the cop decided to give me a break and write on the defendant copy that I was doing 30 in a 25.

When I received the copy from the courthouse, some of the information didn't match up, such as: "Exceed 35 mph in urban dist by 2 mph" although it was a 25 mph zone and he originally had me for 5 miles over. He checked Vascar for how he clocked me.

So basically, I intend to plead not guilty and avoid paying for this ticket. Can I get away with this?

Attorney Answers 3


It is illegal to go over the posted limit, even by 1 mph. You got a break, and now you are trying to parlay that break into an innocent finding. You were speeding, right? Defend on valid grounds if you can.

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NO! The speed limit is just that . . . a formal notice of the maximum allowable speed.

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As noted above, violating the speed limit at all may subject you to a citation.

That said, as a practical matter, merely appearing before a district justice in court may reduce the ticket.

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