should my citation be dismissed ?
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should my citation be dismissed ?
On 6-27-17 I was pulled over by the Pa. State Police for speeding. The citation that the Trooper gave me 1 has the wrong model of car. The Citation states Chevy Impala when I own a Chevy Malibu. 2 Pa. statute 75 Pa. C.S.A. 3368d states that the handheld radar must be tested within 60 days of the alleged violation. The Citation states ‘ date equip. tested 2-14-17.
Asked on July 2, 2017 under General Practice, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Describing the wrong model of car is irrelevant, as long as the ticket and/or the live testimony of the officer issuing the citation correctly identifies your car and/or you as the driver in question. The law does not invalidate legal documents (including citations) for harmless errors that do not result in misidentification or other miscarriage of justice.
The failure to test the radar as often as required *may* let you challenge the accuracy of the speed reading, but does not automatically result in dismissal. It goes to accuracy, nothing more.
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