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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" |
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