Is it Worth it to Appeal a Speeding Ticket

[Sixto06]

My question involves a traffic ticket from the state of: Pennsylvania

Hello,

Today i went to trial for a speeding ticket in Pennsylvania (53 mph in a 25 mph zone). I lost. However, i found that the judge made some mistakes when accepting the cop's prove of certificate of the device used (a tracker). These are the mistakes i think were done:

1- The calibration certificate was a copy. When i said that an original should be presented, the judge asked the cop if it was an original copy, he said yes, and the judge said it was OK for him...

2- The cop didnt bring any certificate that indicates that the speed timing device is approve by the bureau. When i asked for it as indicated in 41 Pa B. 7042, the judge argued that is not required by law and that HE certifies that the device is approved...

In PA this fine involve 5 points in your license. I don't know if i should appeal in superior court or leave as is. Also, if i appeal, would i have to hire an attorney?

Thanks a lot in advance.

[Mr. Knowitall]

If you were convicted in District Court you appeal to the Court of Common Pleas. The appeal is heard de novo, meaning that you have an entirely new trial.

[Sixto06]

is that the case in all the states?

[That Guy]

is that the case in all the states?

No... Some states have an actual appeals court that a party can petition to have a case reviewed. Under these circumstances, no new evidence or new arguments can be presented. Instead, the record of the proceeding the appeal is taken from and the evidence submitted at that time, is reviewed to determine whether any errors were made by the lower court.

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is that the case in all the states?

No... Some states have an actual appeals court that a party can petition to have a case reviewed. Under these circumstances, no new evidence or new arguments can be presented. Instead, the record of the proceeding the appeal is taken from and the evidence submitted at that time, is reviewed to determine whether any errors were made by the lower court.

[Sixto06]

So in my case in PA. Would it be a trial de novo or the other type of appeal. If is a trial de novo i woulndt do it, but if is the other way around im pretty sure they made a mistake accepting copies and not requiring the certification of acceptance of the apparatus used.

[vincedia]

Your location information states West Chester Pennsylvania, so I will guess your ticket was in Chester County.

If the ticket was in Chester County District Court, then your appeal will be heard in the Chester County Couthouse in West Chester. You will be filing a Summary Appeal, and you only have 30 days to file the appeal. It will cost you $46 and you can find the forms and fee info on the Court Website.

My experience tells me that if you go in to handle this appeal on your own, the Assistant District Attorney and judge you will face will not cut you much slack. You probably want to get professional help for this ticket. The point system is not something you want to mess with, and 5 points leaves you one point left before sanctions (license suspension). If you choose to spend a few dollars for help rather than try to handle this on your own, you have a better chance of lowering or removing the points and saving insurance and possible sanctions.

Good Luck!
Vince