Speeding

Speeding Ticket Defense

The statute for speeding can be found in the Pennsylvania Motor Vehicle Code at 75 Pa.C.S. §3362. Speeding tickets over 5 mph carry points on your Pennsylvania Driver's license as follows:

  • 6-10 mph over = 2 points
  • 11-15 mph over = 3 points
  • 16-25 mph over = 4 points
  • 26-30 mph over = 5 points
  • 31-over = departmental hearing and follow hearing examiner's recommendation (driver improvement school; examination or driver's license suspension of 15 days)

If you were cited with a speeding ticket in Pennsylvania the goal is typically to leave court with no points on your license. This is usually accomplished by pleading guilty to a citation that carries no points. Below are sections of the motor vehicle code that carry no points on your driver's license:

  • 5 mph over the speed limit 75 Pa.C.S. §3362 (PA drivers only)
  • Obedience to Traffic Control Devices 75 Pa.C.S.§3111
  • Carrying and Exhibiting a Driver's License on Demand 75 Pa.C.S.§1511
  • Registration Card to be Signed and Exhibited on Demand 75 Pa.C.S. §1311.

By pleading guilty to one of the above citations would avoid any points assessed on your license and would simply be required to pay the associated fine and court costs.

Speeding Ticket Trial

In most situations police officers are willing to work with you on speeding tickets and will offer you a plea agreement. In the event the police officer in your case does not wish to offer you a plea agreement. You have the right to trial.

Speeding is a criminal offense and the Commonwealth has the burden to prove you guilty beyond a reasonable doubt. The police officer must produce the following evidence in a speeding case. If any of the following pieces of evidence are missing in your speeding trial you or your attorney may ask the judge to find you NOT guilty.

  1. The speed timing device used by the officer (i.e. - radar, laser) must be an approved device and must have been tested as accurate by an approved testing station with sixty (60) days prior to the offense charged. The officer must produce a certificate of accuracy at the hearing.
  2. The officer must cite the appropriate Pennsylvania Bulletin Volume that shows the testing station cited in the certificate of accuracy is an approved testing station.
  3. The officer must testify that he has been certified to use the speed timing device in question.
  4. The officer must establish what the speed limit was at the location of the offense.
  5. The officer must testify that the speed limit was properly posted and testify as to where it was posted.
  6. The officer must testify that the speed timing device in question was being properly used and the defendant’s speed registered X mph on the machine.

If the judge finds you guilty, you have thirty (30) days to appeal to the Court of Common Pleas where you will get the chance at another trial.

Contact Jason R. Antoine, Speeding Ticket Attorney at (610) 299-0295 you have received a speeding citation in Pennsylvania and wish to hire an attorney.