What prof must there be to be found guilty for a speeding citation?
3 attorney answers
In Pennsylvania, the requirements for proving a a speeding violation depend on the type of speed timing equipment used to time the motorist. You should consult an attorney to review the individual requirements in your particular case. If the officer is not properly prepared for the hearing, an experienced attorney can assist you in being found not guilty.
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In Pennsylvania, all summary offenses and criminal offenses require that the Court finds "Beyond a Reasonable Doubt" that you committed the offenses charged. In the case of speeding, the Court will need to determine what means the officer used to determine you were speeding. There are numerous ways for an officer to believe a person was speeding: radar gun; following a vehicle in their vehicle; by timing your movement through a specified area (generally within two painted lines); etc. The officer should have proof that the equipment used is certified. If that occurs, generally the Officer has met his burden. I would recommend that you contact an attorney in your area, who will be appropriately trained in trial strategies for this type of offense.
Legal disclaimer: Please note: Robert Cronin is licensed to practice law in Pennsylvania. Nothing in this article is to be taken as legal advice. No communication between Robert Cronin and readers of this article is to be inferred to cause an attorney client relationship. If you require legal assistance please contact an attorney who is licensed in your jurisdiction and knowledgeable in the area of law in which you require help.
The judge needs something that rebuts the presumption that the officer properly documented the violation. Much will depend on how the officer validated the speed. Radar gun? Pacing?
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