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#61
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On Tue, 15 Feb 2005 15:06:54 -0800, Frank Gilliland
wrote: On Tue, 15 Feb 2005 13:23:07 -0500, Dave Hall wrote in : snip I snipped nothing from that passage. After reading it again I noticed that you also snipped part D from that subsection, which requires proper calibration of all speed timing devices, and declares that proof of such calibration "shall be competent and prima facie evidence of those facts in every proceeding in which a violation of this title is charged". So if there the device has been calibrated as required under that part, there can be no legal challenge of its accuracy. The reason why this part is included is precisely as a result of such legal challenges. People still challenge this though, as you might be surprised at how many police departments allow their speedo cal's to expire. For this reason, most of the cops that I know do not use moving speedo timing as a means to catch speeders. They'd much rather "stake out" a particular road and time people as they pass by. The degree of violation is such that even when required to give 10 MPH (Paragraph 3 devices) they still nab a good deal of speeders. This is in direct contradiction to your claim that "The courts have a history of throwing out speed citations for small amounts, due to the potential for inaccuracies in both the car speedometer and the speed measuring devices." There's no contradiction. The fact that part "D" was created was a result of that history of court challenges. I never said that every challenge wins or that the percentages of those challenges who won today is any greater than they were 20 years ago. But that "history" does exist. Sigh. Tweedle-dum goes down for the count with his foot firmly planted in his mouth, and in comes you to take up the cause. Did you two sign some sort of a pact? Are you now attempting to "spin" this as well? The law is clear. In certain circumstances, the state of Pa. requires that LEO's give AT LEAST a 5 MPH grace when running speed traps. The greatest majority of speed traps are conducted with devices that fall within the guidelines of paragraphs 2 and 3, and this rule clearly applies Are you through picking nits? Dave "Sandbagger" |
#62
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On Wed, 16 Feb 2005 06:47:21 -0500, Dave Hall
wrote in : On Tue, 15 Feb 2005 14:50:23 -0800, Frank Gilliland wrote: I snipped nothing from that passage. You certainly did. You snipped paragraph (1), which authorizes the use of "a mechanical or electrical speed timing device", devices that are -not- limited by paragraph (4). IOW, if the cop -can- bust for doing 56 in a 55 zone if he uses a mechanical speed timing device (e.g, the speedometer in his own vehicle). Again, I snipped nothing from the passage that I was excerpting to make my point. I provided the link to the whole statute, but I only copied paragraph 4, since that is the one which pertains to this whole subject. For the sake of brevity and bandwidth, I chose not to copy the WHOLE thing. That's why I also posted the link. If, as you are implying, I was attempting subterfuge, would I have provided the link? Sure, on the assumption that if you provide the link, people will assume that you provided all relevant information from the source. You didn't. ----== Posted via Newsfeeds.Com - Unlimited-Uncensored-Secure Usenet News==---- http://www.newsfeeds.com The #1 Newsgroup Service in the World! 120,000+ Newsgroups ----= East and West-Coast Server Farms - Total Privacy via Encryption =---- |
#63
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On Wed, 16 Feb 2005 07:01:57 -0500, Dave Hall
wrote in : On Tue, 15 Feb 2005 15:06:54 -0800, Frank Gilliland wrote: On Tue, 15 Feb 2005 13:23:07 -0500, Dave Hall wrote in : snip I snipped nothing from that passage. After reading it again I noticed that you also snipped part D from that subsection, which requires proper calibration of all speed timing devices, and declares that proof of such calibration "shall be competent and prima facie evidence of those facts in every proceeding in which a violation of this title is charged". So if there the device has been calibrated as required under that part, there can be no legal challenge of its accuracy. The reason why this part is included is precisely as a result of such legal challenges. People still challenge this though, as you might be surprised at how many police departments allow their speedo cal's to expire. For this reason, most of the cops that I know do not use moving speedo timing as a means to catch speeders. They'd much rather "stake out" a particular road and time people as they pass by. The degree of violation is such that even when required to give 10 MPH (Paragraph 3 devices) they still nab a good deal of speeders. This is in direct contradiction to your claim that "The courts have a history of throwing out speed citations for small amounts, due to the potential for inaccuracies in both the car speedometer and the speed measuring devices." There's no contradiction. The fact that part "D" was created was a result of that history of court challenges. I never said that every challenge wins or that the percentages of those challenges who won today is any greater than they were 20 years ago. But that "history" does exist. What a pile of hogwash. Sigh. Tweedle-dum goes down for the count with his foot firmly planted in his mouth, and in comes you to take up the cause. Did you two sign some sort of a pact? Are you now attempting to "spin" this as well? The law is clear. In certain circumstances, the state of Pa. requires that LEO's give AT LEAST a 5 MPH grace when running speed traps. The greatest majority of speed traps are conducted with devices that fall within the guidelines of paragraphs 2 and 3, and this rule clearly applies Are you through picking nits? That depends: are you through quoting law out of context? ----== Posted via Newsfeeds.Com - Unlimited-Uncensored-Secure Usenet News==---- http://www.newsfeeds.com The #1 Newsgroup Service in the World! 120,000+ Newsgroups ----= East and West-Coast Server Farms - Total Privacy via Encryption =---- |
#64
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On Wed, 16 Feb 2005 08:07:45 -0600, itoldyouiamnotiamnotgeorge
wrote: Vinnie S. Ouch , Exactly Pennsy isn't big on speed enforcement anyhow. Pennsy is not a radar stste by any means most towns dont even have them they use the time and distance (vascar) method. which is why they probably have 6 mph relief That's because in Pa, only the state police can be certified to use RADAR. Local cops have to rely on other methods like VASCAR. Dave "Sandbagger" |
#65
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![]() "itoldyouiamnotiamnotgeorge" wrote in message ... Vinnie S. wrote in : On Tue, 15 Feb 2005 10:29:58 -0500, Dave Hall wrote: That's a far cry from you claiming it was a "requirement" the Pa. police *give* you the extra speed of a few miles per hour. Nevertheless, you illustrate once again you speak of things you know nothing of (the law) and do not need Frank to make you reverse your earlier position. Since you realized your error, there is no need to provide you with the Pa. vehicle code. Flip-flop. You're right. 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. 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" So what were you saying about knowing the law? Ouch. Vinnie S. Ouch , Exactly Pennsy isn't big on speed enforcement anyhow. Pennsy is not a radar stste by any means most towns dont even have them they use the time and distance (vascar) method. which is why they probably have 6 mph relief Yeah, that basic math stuff is tuff for some. |
#66
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From: (Dave=A0Hall)
On Tue, 15 Feb 2005 11:53:23 -0500, 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. 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" - 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. You're roving. There are also many local and city roads where the speed is 35. Not relevant to the maximum speed limit imposed by the state. 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. Regardless, you are citing the exception. Once again, you can cite no rule requiring the officer to give a window of ANY speed in regards to the states maximum imposed speed limit. In most others, it's still 55. On the interstates in Pa, the maximum speed is 65 MPH. See above. Now, Read the statute again, slowly this time: =A0 =A0"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. It doesn't. It applies only as described below. The following paragraph applies specifically to speeds below 55: The "following" paragraph was part of the one you presented, in fact, directly followed the last sentence above. "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, That's NOT what it says. Here is the interpretation for you, Dave,,,,where the POSTED speed limit is 55 or LESS is the ONLY manner where it applies.it is a specific exception. Once again, the maximum posted speed limit on Pa interstates is 65. There is NO law or rule, or even "unwritten" as you claim, that REQUIRES the officer to GIVE any leeway at all. 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. Not ANY road, Dave, ONLY those roads where ythe posted speed is LESS than 55, which rules out the number one place the STATE police are using radar,,,the interstates where the speed is ..taadaaa..65. 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. Wrong, The interstate is where they ARE popping people, and the number one place the State Police patrol (who, incidentally, are the only cops in Pa permitted to use such devices), where the maximum posted speed is....again,,,65. _ 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. And you are still wrong. If you can't comprehend it, that (as usual) is your comprehensive deficiency showing. Just like you maintain roger beeps are illegal, and claimed that others believed that as well, you were unable to cite a single person that maintained such. Again, cite a single person that misinterprets this to read as you claim...just one. Now go ahead and try to spin the school zone angle in another feeble attempt to prove me wrong. Feeble is your insult above whenever you realize you are wrong. In fact, the moment youbegin to comprehend you are wrong, you attack the person pointing out your incompetence. The pattern is the same all through your posting history,,,once you are shown your errors, you insult the person you are debating and try to drop the topic and make your topic of the person. In fact, you have admitted on several occasion, you like nothing more than to make me your topic. 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. "Ding" you? My goodness, David, you have been made to "ding" yourself so many times, not one person can hold a straight face when you accuse others of trying to "ding" you. You manage that all by your lonesome. Now where is that LEO group? Where's one of those folks you claimed agreed with you that roger beeps are illegal? When asked to cite one, you retreated faster than greased lightning and haven't touched the subject again. Of course, nobody expected you to cite anyone, Dave, as NO ONE agrees with ypu..no one! Tell ya' what, Davie, since I'm a nice guy and feeling generous and you're an angry guy feeling bad ..,,cite someone that agrees with you on your claim regarding the 55 law in your state as pertaining to your claims that a Pa State Cop ( as only State Cops in Pa have radar) is REQUIRED to give a window to ALL speeders, and I'll post the URL right here. Take all the time you need. David T. Hall Jr. N3CVJ "Sandbagger" |
#68
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#69
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NNTP-Posting-Date: =A0=A0 Wed, Feb 16, 2005, 8:07am (EST-1) Group:
=A0=A0 rec.radio.cb Subject: =A0=A0 Help on SSB failure From: =A0=A0 itoldyouiamnotiamnotgeorge User-Agent: =A0=A0 Xnews/06.08.25 X-No-Archive: =A0=A0 yes Date: =A0=A0 Wed, Feb 16, 2005, 8:07am (EST-1) X-Trace: =A0=A0 sv3-TShFVDFyBPhfsxWyQKsHuDYfpH8p66U95WsAM9zN3ZjEjB1c3+ PVlF4BZUBzgUASXUsIeP= TYxb8p0fM!KdKDcYIRstG9mKBLqA07AsiQMHbhqWOH6LGJH+Zr tjyfDkZzfEzRt/pELkbty0Mk= gSLg X-Complaints-To: =A0=A0 X-DMCA-Complaints-To: =A0=A0 X-Abuse-and-DMCA-Info: =A0=A0 Please be sure to forward a copy of ALL headers X-Abuse-and-DMCA-Info: =A0=A0 Otherwise we will be unable to process your complaint properly X-Postfilter: =A0=A0 1.3.23 Vinnie S. wrote in : On Tue, 15 Feb 2005 10:29:58 -0500, Dave Hall wrote: That's a far cry from you claiming it was a "requirement" the Pa. police *give* you the extra speed of a few miles per hour. Nevertheless, you illustrate once again you speak of things you know nothing of (the law) and do not need Frank to make you reverse your earlier position. Since you realized your error, there is no need to provide you with the Pa. vehicle code. Flip-flop. You're right. 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. 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" So what were you saying about knowing the law? (Ouch. Vinnie S.) Ouch , Exactly Yea, al that fanny patting you do with him...hehe. Pennsy isn't big on speed enforcement anyhow. An interesting opinion which no one cares *what* you may mean by it, so save trying to explain whta you "meant" by it at a later date. Pennsy is not a radar stste by any means You are completely daft. Every single State Police Officer with a patrol unit is equipped with them. most towns dont even have them Gee,,,that's because only State Cops are permitted to have them in Pa. they use the time and distance (vascar) method. which is why they probably have 6 mph relief Ony the State Cops *don't* have any required "mph relief" in regards to the State's maximum posted speed limits on te interstates,,you know,,the place where the State Cops patrol. Oh,,and there will not be any "required mph relief" no matter *what* name you choose to post under, Dave. |
#70
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From: pam
(itoldyouiamnotiamnotgeorge) (Twistedhed) wrote in news:9248-421229BB-449 @storefull-3253.bay.webtv.net: That your position still doesn't understand that Pa has no law or rule, written or otherwise, requiring officers to give you a window of ANY speed when in excess of the state speed limit. They most certainly do, all states have a window, it is actually for equipment error etc. Show the statute. If a speed limit is posted at 35 they will not write you until you pass the prescribed min over the limit, Show the statute. some officers will be more leinent, Now you are speaking discretion and not a rule. Which is it you are claiming? but the letter is none write you for going 1 mph over speed limit. That's bull****. Give the cop a difficult time after he pulled you over for going a few miles over the speed limit and see if you don't get a ticket. The outcome of your court appearance is irelevant at this point. If a RULE existed, as you claim, that he (th cop) may NOT write you up for such, you wouldn't be pulled over in the first place. They know the reliability and accuracy of the radar wont hold up in court. Actually, the technology today is very accurate and can pinpoint a single car in a bunch of traffic, In addition, the radar guns are required to be recalibrated EVERY shift in Pa. If the radars accuracy is +/- 2 mph they wont/cant write you at 1 mph over. pretty basic concept. There you go again. Your posting name changes but your echo is undeniable. |
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