Seeking your expertise or experience ....

[WaltinPA]

What is the name of your state (only U.S. law)? PA

Violation: 3362 A 1

Here’s my situation: I was clocked doing 54 in 35 mph zone. I pleaded not guilty in order to get the case before a magistrate. I told the arresting trooper that I had been gauging my speed by a persistent tailgater that had been behind me for several miles – if I was doing at least 50, she wasn’t “in my trunk”. My explanation didn’t fly with him. The only good part of the experience was that the tailgating driver had also pulled over when the trooper chased us down with red and blue lights flashing. She apparently also received a citation.

I am looking for advice on my upcoming court appearance just over a week from now. I understand that this judge is strict but fair. I wish to ask for leniency not so much on the monetary fees which I had to pay as bond but the points – four according to the points schedule.

I drive this particular stretch of road 18-19 days out of 20 in the average month. The speed limit drops from 55 to 35 with one small sign ‘Reduced Speed Ahead’ about 75 yards ahead of the speed zone. I have changed my practice – driving no faster than 40 even if the tailgater is a big truck. I have on occasion pulled over to let the speeder go by several times, sometimes prompting the other driver to blow horn or flash rude hand signals.

Any other ideas or suggestions, particularly from experience, that have proven useful would be welcome. Thanks in advance.What is the name of your state (only U.S. law)?

 

[FlyingRon]

Going 20 miles over the speed limit is not the way to deal with a tailgater and that excuse would not fly in court. The tactic to avoiding tailgaters is to slow down, perhaps even below the speed limit. This has two advantages. One, it encourages them to pass you, second it INCREASES the safety margin. Slower speeds allow better reaction time in case something happens that would cause the tailgator to need to brake or take other evasive action. That's smoothly slow down, by the way, not jam on the brakes in attempt to "teach" the tailgator something.

 

[WaltinPA]

Thank you Ron. Please note that my message had asked for advice or experiences rather than sermon or scolding. I appreciate your taking the time to read my request but your recommended solution is potentially dangerous with these drivers.

Unfortunately, the normal pace on that stretch of roadway just happens to be 10 to 20mph OVER the posted 35 speed limit during the afternoon drive time. Doing less than 45 in that area allows a driver the experience of delaying a tailgating driver whose headlights you can no longer see in your rearview mirror, which indicates the tailgating jacka** is less than 20 feet away from your bumper. Not the way I like to 'enjoy' my afternoon commute.

 

[Maestro64]

What method was used to measure your speed?

 

[FlyingRon]

Thank you Ron. Please note that my message had asked for advice or experiences rather than sermon or scolding. I appreciate your taking the time to read my request but your recommended solution is potentially dangerous with these drivers.

I only brought it up because I wanted you to know that the excuse woudln't work in court. I'm sorry you are unfamiliar with the concept that is the title of the forum, a little free safety advice.

The solution is not POTENTIALLY DANGEROUS, it is THE correct and recommended solution provided by highway safety experts both for automobiles and motorcycles. If you want to continue the falacy go ahead.

Maestro can give you the outs. In addition to the method to determine your speed, Maestro wants to know what police agency gave you the ticket. I'll assume since you used the word "trooper" you were cited by the State Police, but be precise.

 

[WaltinPA]

Police agency involved: Pensylvania State Police

Ticket info indicates radar was used. Also included was serial number of unit used; Station Equip Tested field is marked 'R10'; and date equipment tested, 01/07/10. Date of my citation was 01/27/10.

Thank you

 

[Maestro64]

Either you were in an area where the local were using the PSP to help out or one of the few area in PA where there is no locals police and the PSP patrol the area, because the PSP generally do not bother enforcing speed limits on 35MPH roads.

Base on the R10 test station that would be somewhere around Pittsburgh. There are couple of area around there where the PSP set up on local roads since they had speeding problems in those locations.

I can tell you normally, the officer comes in court and will ask why you are contesting the ticket and see if you will plead to a lesser offense like 5 over and no points. However, the PSP usually do not bother since they are not interested in the money since they are paid by the state and the state only gets a small faction of the total fine most stays with the Magistrate and Local government. So the local are more willing to drop the points to ensure they get the fine, the PSP could care less either way.

Next, you must have of drove right by the officer since only stationary radar is approved in PA. He was sitting off the side of the road and measured your speed and must have notice the other car following close behind. It is anyone's guess what he wrote them a ticket for. If they got a speeding ticket they would have a better defense since you were in front of them and could claim it was not them. But they could have got a tailgating ticket.

This will not help your case, so do not even attempt to justify your speed. Also in PA you could have been going 45 and he could not have given you a ticket, but if you admit in court you were going 40 or 45 you can still be found guilty.

Not to say the officer did not in fact measure another car speed, radar is non-specific it just says something is going that speed, but does not provide any information about what returned the signal. Base on my experience with the PSP, they hid in spots where you can not see them which also means they can not see you until you come past them. If they see a high speed they go after the next car going by their location.

I can not tell you how many people have tickets because my detector went off and I slowed down only to see the officer pull over the car out in front which was obviously going slower than me.

The Magistrate is not going to reduce the ticket to anything less that is for sure unless you are able to prove to him you were not doing what the officer claims you were doing, Either fight to win or just pay, unless the officer approaches you and offers you a deal which would be 5 over and no points or a 3111 which is disobeying a traffic sign which is no points and cost about the same a 5 over and no points.