Legal Question in Traffic Law in Pennsylvania

Allowable speed over limit before ticket

I WAS TOLD THAT YOU CAN NOT BE TICKETED FOR SPEEDING UNLESS

in an area marked less than 35 mph you must be going a miniumum of 10 Mph over the posted limit(ie. posted 25 mph and doing 35 mph)

in an area posted 35mph or greater that this limit changes to 5 mph over the posted limit (ie. posted 45 mph and doing 50 mph)

my girlfriend argues that it is at the sole discretion of the officer and that you can be ticketed for any violation over the poseted limit ( even 1 mph)


Asked on 4/02/06, 10:00 am

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Allowable speed over limit before ticket

It depends on the device used to determine the speed. If it's radar, it's 6 miles over. If it's a timing device, it's 10 miles over. You can also be charged with not obeying a traffic control device (in this case a sign) at the discretion of the police, but that's not speeding per se, and carries no points.

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Answered on 4/02/06, 1:32 pm


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