This is just a small compilation of information and facts from various Pennsylvania statutes and case laws. This only applies to Pennsylvania. If you are planning on fighting a ticket, this is a good overview for you to prepare your case and at least know what the state MUST do in order for you to be found guilty. This applies to radar, VASCAR, and any approved speed timing devices.

The officer or prosecution must do four (4) things in order for you to be found guilty of a speeding charge. They are the following:

To sustain a conviction for speeding, the Commonwealth must show beyond a reasonable doubt that:
(1) an accused was driving in excess of the speed limit;
(2) the speed timing device used by the officer was approved by the Department of Transportation; and
(3) the device was calibrated and tested for accuracy within the prescribed time period by a station which has been approved by the department.

OK, so I said there are four (4) things the Commonwealth must show to find you guilty and there’s a list of three (3). Read carefully. I shall review for you:

1) The officer or prosecution just needs to simply state that they saw you (they state your name) operating a vehicle and that they determined you were speeding by operating whatever speed timing device they may have been using.

2) The officer or prosecution must prove that the speed timing device they were operating is approved by the Department of Transportation. They can do this by providing and showing a copy of a PA Bulletin approved speed timing device list and entering it as evidence.

3) The officer or prosecution must show and prove that the exact device they were using was calibrated and tested for accuracy within the prescribed time by an approved testing station. Now this part actually requires the prosecution to do two (2) things: 1) They must show/prove the speed timing device was tested within the prescribed time period. They will do this by providing a certificate of accuracy. 2) They must show/state/or prove that the station which performed the test is on an approved testing station list by citing or entering a PA Bulletin into evidence. So, not only do they have to show the radar was tested and is accurate, but they have to show that the station performing the tests is certified and on an approved listing of testing stations.

If for whatever reason the prosecution does not prove the above four things after their testimony, you can request to have the case dismissed based on whatever information they did not provide. Either cite the appropriate statutes, PA Bulletins, or case laws that state the information they missed is required. A good case law for this is: Commonwealth v. Kittelberger, 616 A.2d (Pa. Super. 1992)

Be aware that police are trained to state these things, and some even come in with everything typed on a sheet of paper (you could try to object to them reading off a sheet though). A good thing to do is to have a list of these items and check them off as the prosecution states them or introduces them into evidence. Listen carefully to the prosecution’s statements and make sure they include everything they are required to in order to even attempt to charge you guilty. It’s best to have multiple defenses. This should be the first. The second should focus on attacking the officer’s knowledge of the device they were using.