Legal Question in Traffic Law in Pennsylvania

Speeding - Intent to commit

Received a citation for speeding 40 mph over the limit while driving a my wives vehicle as a result of Radar. I am pleading not guilty. I rarely drive this vehicle. For months now we have been trying to get the sensors fixed on this car. While driving long distances the sensors will often display and error on the dashboard and the instruments will not display speed acturately. I have spent hundreds of dollars attempting to fix the problem and have some receipts for work performed. I attempted to explain the situtation to the trooper but the trooper did not want to hear any explaination and proceeded to belittle me and my mechanic. Question: Is it a defense if I, due to mechanical failure, was unable to correctly monitor my speed thus did not form the intent. At the time I was not passing other vehicles, was not going in and out of traffic, changing lanes. My driving record is spotless. I do considerable amount of volunteer work driving around the state with youth groups and public safety projects. A speeding conviction may result in my be forbidden from drivng youth.


Asked on 12/31/05, 1:24 pm

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

Re: Speeding - Intent to commit

"Lack of intent" is not a defense, but mechanical failure is. You would have to get a person who is state-certified in calibrating speedometers to inspect the car and determine that it is out of kilter. (Call a different station of the State Police and tell them that you think there's a problem with your speedometer and wish to get it checked by someone certified to check it. Don't mention the speeding ticket.)

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Answered on 12/31/05, 3:39 pm


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