How do I fight a speeding ticket in Pennsylvania?

Question

Accepted Answer

Pennsylvania traffic procedure differs from most states — there is no plea bargaining on speeding under 75 Pa.C.S. § 3361 and no diversionary traffic school.

1. Pay vs. Contest

Pay (plead guilty by mail): send fine plus costs to the Magisterial District Court (MDC) listed on the citation, or use the UJS Portal at ujsportal.pacourts.us.

Plead not guilty: request a summary trial before a Magisterial District Judge. The officer must appear; failure to appear = dismissal.

Trial de novo appeal: within 30 days of conviction, file a Notice of Appeal with the Court of Common Pleas under Pa. R. Crim. P. 462 — fresh trial before a CCP judge. New filing fee, but the case is heard anew.

2. Speed Limits & Reckless Threshold

75 Pa.C.S. § 3361 (Driving at Safe Speed) requires speed reasonable for conditions. § 3362 sets posted limits. Reckless driving (75 Pa.C.S. § 3736) — willful/wanton disregard — is a summary offense with 6 points and possible 6-month suspension. Speeding 31+ mph over the limit can trigger a 15-day suspension (§ 1538(c)).

3. Points & Suspension

2 points: 6-10 mph over

3 points: 11-15 over

4 points: 16-25 over

5 points: 26-30 over

5 points + hearing: 31+ over

6 points = warning letter and PennDOT exam; 11+ points = 5-day suspension; multiple events = longer.

4. Defenses

VASCAR/radar/lidar: PA requires specific equipment approval lists. Local police can use radar only on limited highways.

Subpoena the citing officer, the radar/lidar calibration log, and the appropriate-speed certification.

5. CDL Holders

Cannot use any disposition that masks a conviction (49 CFR § 384.226).

This is legal information, not legal advice.