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Old February 15th 05, 07:23 PM
Dave Hall
 
Posts: n/a
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On Tue, 15 Feb 2005 11:53:23 -0500, (Twistedhed)
wrote:

Most people are when disagreeing you.
I shouldn't have deviated from my original
stance since, as it turns out, I was right about
it.
See:


http://members.aol.com/StatutesP1/75PA3368.html

Pay particular attention to 3368 (c) number 4.,
which states:


"No person may be convicted upon evidence
obtained through the use of devices
authorized by paragraphs (2) and (3) unless
the speed recorded is six or more miles per
hour in excess of the legal speed limit.


Why did you snip the obvious? I'll tell you why, it directly contradicts
what you claimed.


I snipped nothing from that passage. Read it again S-L-O-W-L-Y..


Furthermore, no person may be convicted
upon evidence obtained through the use of
devices authorized by paragraph (3) in an
area where the legal speed limit is less than
55 miles per hour if the speed recorded is less
than ten miles per hour in excess of the legal
speed limit. This paragraph shall not apply to
evidence obtained through the use of devices
authorized by paragraph (3) within a school
zone"



That there is no rule, unwritten or written that requires the officer to
ignore a speeder. To wit...the portion you conveniently snipped shows
how your claim is not across the board and is an exception, as it
pertains ONLY when traveling in areas with posted speeds LESS than 55,
whereas the the posted interstate (65 MPH) speeds, of which Pa. finally
raised from 55 not too long ago, are the speed LIMITS imposed by the
state of Pennsylvania.


There are still many limited access roads which are posted at 55. In
fact, the majority of places where they allow 65 are those areas where
the highway is not in a "congested" (meaning densely populated) area.
In most others, it's still 55.


Now, Read the statute again, slowly this time:

"No person may be convicted upon evidence obtained through the use of
devices authorized by paragraphs (2) and (3) unless
the speed recorded is six or more miles per
hour in excess of the legal speed limit."

That applies to all speeds.


The following paragraph applies specifically to speeds below 55:

"Furthermore, no person may be convicted upon evidence obtained
through the use of devices authorized by paragraph (3) in an
area where the legal speed limit is less than 55 miles per hour if the
speed recorded is less than ten miles per hour in excess of the legal
speed limit."

Which means (for the cognitively impaired), that when using a method
other than RADAR (Which usually means VASCAR) on a road where the
posted speed is less than 55, they must give you 10 MPH leeway, or an
additional 5 MPH over what the previous paragraph called for..

The minimum that they have to give you on any road and with any speed
measuring device is 5 MPH. On certain other roads and with non-RADAR
speed devices, they have to give MORE.

The only exception to this rule is:

"This paragraph shall not apply to evidence obtained through the use
of devices authorized by paragraph (3) within a school
zone"


A school zone is the only place where they can pop you for less than 5
MPH over.


Pa. has no rule OR law,
that requires a LEO to give a window of 5 mph (or ANY speed) to speeders
in excess of the state speed limit, which happens to be 65 MPH.


I just posted it. If you can't comprehend it, that (as usual) is your
comprehensive deficiency showing.

Now go ahead and try to spin the school zone angle in another feeble
attempt to prove me wrong.

Don't fret though. The statistical probability is that you'll
eventually find something you can ding me with someday. It's just that
today isn't it.

Now where is that LEO group?


Dave
"Sandbagger"