Q: Can my ticket be thrown out for leaving the entire MARKED section blank?
I was traveling through a PA interstate (Speed limit: 70), I had my cruise control set to 80 when this ordeal happened. I have Waze opened at all times and also have a radar detector, so I knew he was there but was following the flow of traffic which I now regret. Before I pass the cop he whips his vehicle out of where he was hiding into almost the roadway having me swerve into the next lane. The cop had no lights or sirens at that moment, he then pulls behind me and follows me for a while. He then pulled me over and here is a rough dialogue of the situation:
"Do you know why I stopped you today?" Cop
"No, Sir." Me
"I got you doing 92 mph."Cop
"I'm sorry, Sir. I had my cruise control set to 80." Me
"I'll be back with you." Cop
*Cop doesn't ask me for registration nor insurance. Only license.*
15 minutes later he brings back a ticket for "Operated a vehicle in violation of the PA vehicle code on the PA turnpike". Within the notes being "92 MPH".
A:
This is a situation I've come across frequently. Basically, the trooper has written you a lesser section, one that does not carry any points, either because he knows he can't prove your speed, he's being lazy, or he thinks he can prove your speed, but decided to cut you a break. Theoretically, if you contest the citation and appear in court, the trooper could re-file it with the alleged speed - there are timing/legal issues in doing that. Obviously, you have every right to plead not guilty and appear for a hearing, but my advice based on what you've written would be to simply pay the fine. Even if you testify that you were doing 80 and the trooper confirms you in fact told him that, you're going to be guilty of the section he wrote you.
I hope that helps. Best of luck.
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