Legal Question in Traffic Law in Pennsylvania
Speeding Ticket question
Can a cop be positioned facing the wrong way on a 1-way jug handle/right lane exit when checking for speeders?
Can the cop then pull out into traffic by going the wrong way down the 1-way jug handle?
The cop that clocked me made a right hand turn onto the highway by going the wrong way off the 1-way jug handle.
1 Answer from Attorneys
Re: Speeding Ticket question
Cops can do about anything they want when pacing traffic with a speed timing device. Specifically, the PA Code establishes what the police can and cannot do. How did the cop time your speed, vascar, vehicle speedometer, stop-watch, laser or radar?? The manner the cop used determines what the specific requirements are to support a conviction at a hearing later on. Driver's can challenge the accuracy/calibration of the instrument used, etc...
The ability to observe the Driver's vehicle is crucial to the operation of most speed timing devices. Also, a driver, when fighting a speeding ticket, should return to the area to determine the posted speed limit as well as the posted speed limit a mile or two before the observed area. The PA Code requires that Boroughs & Township provide drivers notice of a change in speed limits. Remember, all siezures must be "reasonable" or they will violate the 4th Amendment of the U.S. Constitution as Article 2 Section 9 of this great Commonwealth's Constitution.
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