Continuance

[FlyingRon]

Um. I thought I clearly put my case up there backed up by facts and with no ounce of hearsay.

You clearly don't even seem to know what "hearsay" means.

He incorrectly used the VASCAR, I have three different witnesses from different local boroughs that can attest to the faults of VASCAR and why no the borough but this one uses VASCAR.

Even if you could get these "witnesses" to testify, your'e not going to counter the existing statutory and judicial notice of VASCAR. If the officer used it in accordance with the aforementioned part of the statutes, you're not going to get anywhere arguing that it's not reliable.

Also, diagrams and pictures of the environment to show why my presumed speed didn't excess to dangerous limits. I was speeding but within safe limits given the environment, weather, conditions. VASCAR can not be used when mildly speeding over the limit, which I was, and which is legal in PA when driving within safe conditions. There are no opinions in my case, all fact.

If you were charged with the Basic Speed law you might argue that. However, you're most likely charged with violating the absolute speed. There's no justification as to what may or may not have been safe that justifies you exceeding the posted speed in Pennsylvania. Even if you are charged with violating the basic speed law, the posted limits are prima facie evidence of what the safe speed is. Pennsylvania is a far cry from Callifornia.

The problem is your facts are wrong.

 

[shelbyshoo93]

It wasn't absolute speed lol

"Speeding within safe conditions" is legal in PA in certain areas. Asked a judge that personally and with the area I was in it was indeed legal. Anyways, the officer wasn't certified, the VASCAR wasn't calibrated, and he used it improperly with the distance being less than 50 feet and the average reaction time would put me over 20 mph or under 15 mph. I was surprised at how easy it was and I figured that's why he didn't show up the first time, to get his argument together. Either way, I believe they're pushing to not use VASCAR anymore because I went to other District Courts and they're saying ENRADD is becoming more prevalent anyways.

 

[not2cleverRed]

"Speeding within safe conditions" is legal in PA in certain areas. Asked a judge that personally and with the area I was in it was indeed legal.

If that is going to be your defense, you'd best find it in specific code. And unless the judge that told you this is the judge you are going before, it doesn't matter.

1) I suspect that you are confused... There are cases where you can be driving *below* the speed limit and still be cited for speeding, due to weather/driving conditions. That would cover "Driving Too Fast for Conditions (Section 3361)". While exceeding the speed limit is not automatically a violation of this *particular* section, that DOES NOT MEAN THAT EXCEEDING THE SPEED LIMIT IS LEGAL. This is because exceeding the speed limit is amply covered under "Speeding — Exceeding Posted Speed Limit (Section 3362)"

2) The fact that you are out of your element is indicated by your own post about how the judge reacted to you.

3) That the judge reacted negatively to you does not mean that s/he is not a good judge. It could just mean that you are, based on what's shown, legally wrong.

You have, by your own admission, exceeded the speed limit.

You *claim* that your excessive speed was not too fast for conditions.

However, you have not indicated under which section you have been charged.

Anyways, the officer wasn't certified, the VASCAR wasn't calibrated, and he used it improperly with the distance being less than 50 feet and the average reaction time would put me over 20 mph or under 15 mph. I was surprised at how easy it was and I figured that's why he didn't show up the first time, to get his argument together. Either way, I believe they're pushing to not use VASCAR anymore because I went to other District Courts and they're saying ENRADD is becoming more prevalent anyways.

This line of reasoning is not going to serve you well.

You already admitted you were speeding well over the speed limit.

I am not a police officer. I am not a race car driver. I can still tell whether someone is vastly exceeding the speed limit.