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

Hatfield, PA |

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?

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Filed under: Criminal defense
Attorney answers 3

Posted

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.

Posted

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

Posted

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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