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Hi all, I'm new here. I wanted to see if someone could offer me some legal or law assistance. I'm trying to find requirements to PA Radar Gun Calibration regulations. Please accept my apology as this post which is my first might be long.
This afternoon while driving west on our Turnpike in eastern PA I had a nasty Audi on my tail in the far left passing lane. This is a three lane highway posted at 65mph. I was most likely doing 73-75 which yes I was at fault there for speeding. Traffic in my area was somewhat heavy across both lanes. In my rear-view mirror there was an Audi who was weaving trying to pass everyone at any given moment but couldn't due to not having room to squeeze. He then jumped behind me and rode my tail rather close. I remained at my speed and then he tried to pass again on my right but there was a large truck next to me so he couldn't go anywhere. He then jumped behind me and rode me again and this time moving back and fourth as if to get me to move out of his way. I then got upset which is totally my fault and proceeded to speed up. Now again, I am guilty and take FULL responsibility for this as I sped up, I know I hit 90. I then had free clearance to move to the next lane to get out of his way, and sure enough he followed me over as if he was mad I wasn't moving out of his way. As I looked in my rear view again to move to the next far right lane to get out of this guys way, I seen a State Trooper sitting behind a wall and sure enough I looked at my Spedo and my GPS and both said around 92. Again, NOT good and I knew I was in for some headache after. The Audi shot by my like a bat out of you know what I slowed down to the posted speed limit.
The trooper sped up on me and then blew by me. He pulled the Audi over and then waived me over with his arm. I followed his command and did so. He walked up to my right side of the car and said "97 in a 65". I was shocked? I didn't think I could have been going this fast but he didn't give me time to even speak. I had my license and such ready as I have always been told to do. I handed it to him and said "I'm sorry Trooper I was clearly speeding". He took the info and proceeded to give me and the other clown a ticket. He then walked back to my car and handed me my documents and the ticket and said "you're free to go". Never said another word, never asked me a thing and never explained anything.
I have had a clean driving record with no moving violations in 18 years. I was so mad that I didn't feel I was going 97 and in all the traffic and such he was able to get a clear clock on my car like he did.
Here is where my questions begin. On my ticket he shows I was clocked with hand held radar and it was tested on 06/04/2011 but in his comments it says "tested 06 April 11 ---1st of 2 Audi 98 mph-Volvo,S40. I drive a Volvo S80 which doesn't matter much because typo's happen. Why the two test dates? Is it true that radar should be calibrated every 60 day's and if so today is day 61?
I honestly don't feel I was doing 97 and feel I was around the 90-92 range. By hitting me with 97 puts me 32 mph over and this is clear suspension and such which again stinks.
I have NO problem paying the fine because again, I feel responsible but honestly feel the gun was not accurate and in the traffic at the time makes me feel it was a bad read. Again, I couldn't even speak to the trooper because he was set on giving the double tickets. After he sped away about 100 yards and quickly backed up behind an over pass to set up for the next speeder. I felt he was very unprofessional.
I hate to fight this but I feel the gun wasn't accurate and this ticket should be lower MPH wise. I have read PA 3368 and section D and the guns should be calibrated every 60 days. I also read another version of PA 3368 and it shows 1 year. Does anyone have a clear updated link to this version that is accurate.
I want to fight this only along the grounds of the read of the accuracy of the gun.
Any help or suggestions are deeply appreciated. I did the crime and will do what ever time I need to. However, I would like to know my rights if I have any on this.
Thanks for your help,
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