Cited for Speeding Under Pa Veh. 3361

[ScottF]

My question involves a speeding ticket from the State of: Pennsylvania.

I was on my way home today when I got pulled over and cited under vehicle code in PA of § 3361. Driving vehicle at safe speed.
No person shall drive a vehicle at a speed greater than is
reasonable and prudent under the conditions and having regard to
the actual and potential hazards then existing, nor at a speed
greater than will permit the driver to bring his vehicle to a
stop within the assured clear distance ahead. Consistent with
the foregoing, every person shall drive at a safe and
appropriate speed when approaching and crossing an intersection
or railroad grade crossing, when approaching and going around a
curve, when approaching a hill crest, when traveling upon any
narrow or winding roadway and when special hazards exist with
respect to pedestrians or other traffic or by reason of weather
or highway conditions.

The officer was coming in the opposite direction of the way I was travelling. The road curves down and to the right with a relatively wide shoulder. I was doing 40 in a 35, which is normally fine in my area. The problem apparently was he thought that I had all 4 wheels over the white, or fog, line. I know I only had two over the line( I did not know that that even was an issue before). From as far away as he was when he first saw me, it could possibly look like I had 4 tires over, as it is a wooded street, and I did not see him until after my tires had gone back over the line into the regular lane. He said I was travelling too fast for conditions( it was 73 degrees, dry and sunny out). Anyways, how do I fight this?

[Mr. Knowitall]

It seems like your defense is to try to substitute one violation for another:

Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others not inconsistent therewith shall apply:

(1) Driving within single lane. - A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety.

(2) Three lane roadways. - Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when the center lane is clear of traffic within a safe distance, or in preparation for making a left turn, or where the center lane is allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and the allocation is designated by official traffic-control devices.

(3) Lanes limited to specific use. - Official traffic-control devices may be erected to restrict the use of specified lanes to specified classes or types of traffic or vehicles, including multioccupant vehicles or car pools, and drivers of vehicles shall obey the directions of every such device.

(4) Prohibitions against changing lanes. - Official traffic-control devices may be installed prohibiting the changing of lanes on a section of roadway and drivers of vehicles shall obey the directions of every such device.

I don't see Sec. 3309 listed here, so it may actually be a good potential plea bargain charge - I suggest digging around a bit to see if it reduces the fine or eliminates the points.

[ScottF]

Thank you for you opinion Mr Knowitall, I am hoping some one has some idea as to get completely off, as I am getting kinda tired of getting these random and seemingly arbitrary tickets.

[blewis]

I don't understand, do you think we are magicians? You have admitted that you were speeding AND driving with at least TWO wheels over the fog line. What points can you make in defense of that? We don't have copies of the ticket nor the officer's notes, so how could we tell if there is a technical issue you might exploit.

... I am getting kinda tired of getting these random and seemingly arbitrary tickets.

I might suggest trying to improve your driving habits.

Sorry not to be more help, but you haven't given us ANYTHING to work with, except your admissions that you did it. Mr. KIA's advice on trying to plea bargain is not a bad option at this point.

Barry

[ScottF]

Wow, I was not looking to start a fight here, I was trying to find advice on how to fight this, like I said... there WAS gravel on the road in that corner when I went around it, so maybe I can use that

[That Guy]

Wow, I was not looking to start a fight here, I was trying to find advice on how to fight this...

Nobody is "fighting"... Mr KIA suggested that you attempt a plea bargain with the prosecuting attorney, as in see if they would be willing to allow you to plead guilty to section 3309 and pay the fine associated with that instead of risking a conviction for driving at an unsafe speed (section 3361) as you were coming around the curve. As for Barry's post, he's right. Your post offered nothing that will mitigate or enhance your ability to either reduce or dismiss the charge of driving at an unsafe speed.

like I said... there WAS gravel on the road in that corner when I went around it, so maybe I can use that

What does "gravel on the road" have to do with you speeding?

You need to provide us with more info about the following:

• What speed were you cited for (it doesn't matter that you say you were driving at 40 in 35)... What matters is what did the officer cite you for?/what speed is indicated on your citation?
• What method did the officer use to estimate your speed? (That too should be on your citation).
• Which police agency cited you? Was id PA State police, local law enforcement...etc???

[ScottF]

The info is as follows

I was not cited for a specific speed

He was coming from the opposite direction from where I was coming.

And it was a local agency

[adam_]

I am unfamiliar with the process in PA, but if it were in CA, I'd try to find out what the officer will be saying to support his charge.

Your tires being over the line seems totally unrelated to the charge of driving too fast. He may say "the driver had to cross the line to negotiate the curve he was going so fast", to which I say "how fast was too fast?" There can be many reasons for being over a line.... you do NOT need to explain anything about your tires if you are being charged with speeding...

In response to Mr KIAs suggestion- If you can use it (the lane violation) to plead to a charge that has zero points, fine- but it seems early to throw in that towel.

I'd simply say "I wasn't driving at an unsafe speed" and make the officer prove his case.

In CA I'd file for discovery for any and all speed measuring devices used on that day to measure my speed. There should be none, correct? And then he will be going to court knowing he has already told you he has no SMD data to support a speed case....

Again, my last ticket in PA was over 25 years ago... just tossing out a few ideas here...

A