How can you successfully defend yourself against a speeding ticket in
PA that was issued based on either ESP or ENRADD?  How do the devices
work and under what conditions will they report a false positive
speeding violation?

Dear spikeymike:

I'm reposting this as an answer in order to close your question.
You've obviously already seen it and approved it but of course I have
to post something here in order to close this one out for you. Again
congratulations on your victory:

=====================

Dear spikeymike-ga;

Don't give up yet. This is actually an excellent service and the
unwanted comments are just an occupational hazard here. Ignore them if
you can.

As I see it you have several options:

The ENRADD speed timing device calculates the elapsed time between two
timing strips which are spaced 5 feet apart as recommended by the
manufacturer's specifications. When a vehicle passes over the strips,
the unit will record the time interval between the activation of the
first and second timing strips. This time interval, with the known
distance between the two timing strips, is used to measure the speed
of the vehicle. The speed of each vehicle is displayed by the Enradd
in miles per hour. What this means is, if you are caught, you are
busted ? period. I mean, there?s no way to argue with this kind of
evidence?or is there?

QUESTION THE CALIBRATION

??if the comparison of the oscilloscope/frequency counter with the
Enradd differs by more than 1 mile per hour (plus or minus) then the
unit is to be returned to the manufacturer or an approved service
center.?

QUESTION THE COMPONENTS

Equipment, timing strips and other devices have to be checked and
calibrated every 60 days.

QUESTION THE INTEGRITY OF THE CALIBRATION RECORDS

Demand to see the calibration schedule and records to see if the
inspections are being done every 60 days as required. If you can cast
a doubt on the integrity of the calibration records, you cast a doubt
on the calibration itself. If the calibration is off, you can argue
that you should not have been ticketed due to this statute:

?No person may be convicted upon evidence obtained through the use of
devices authorized by paragraphs (2) and (3) unless the speed recorded
is six or more miles per hour in excess of the legal speed limit.
Furthermore, no person may be convicted upon evidence obtained through
the use of devices authorized by paragraph (3) in an area where the
legal speed limit is less than 55 miles per hour if the speed recorded
is less than ten miles per hour in excess of the legal speed limit.
This paragraph shall not apply to evidence obtained through the use of
devices authorized by paragraph (3) within a school zone.?
THE VEHICLE CODE (TITLE 75)
PART III. OPERATION OF VEHICLES
CHAPTER 33. RULES OF THE ROAD IN GENERAL
Subchapter F - Speed Restrictions.
§ 3368. Speed timing devices.
http://members.aol.com/StatutesP1/75PA3368.html

QUESTION THE KNOWLEDGE, COMPETENCY, TRAINING AND CERTIFICATION OF THE INSPECTOR(S)

Demand to know WHO, WHEN, WHERE and HOW regarding the inspections then
question the person?s record keeping, abilities, training, certificate
validity (is it expired or negligently overlooked when
re-certification time came due).

?(d) Classification, approval and testing of mechanical, electrical
and electronic devices.--The department may, by regulation, classify
specific devices as being mechanical, electrical or electronic. All
mechanical, electrical or electronic devices shall be of a type
approved by the department, which shall appoint stations for
calibrating and testing the devices and may prescribe regulations as
to the manner in which calibrations and tests shall be made. The
certification and calibration of electronic devices under subsection
(c)(3) shall also include the certification and calibration of all
equipment, timing strips and other devices which are actually used
with the particular electronic device being certified and calibrated.
The devices shall have been tested for accuracy within a period of 60
days prior to the alleged violation. A certificate from the station
showing that the calibration and test were made within the required
period, and that the device was accurate, shall be competent and prima
facie evidence of those facts in every proceeding in which a violation
of this title is charged.?
THE VEHICLE CODE (TITLE 75)
PART III. OPERATION OF VEHICLES
CHAPTER 33. RULES OF THE ROAD IN GENERAL
Subchapter F - Speed Restrictions.
§ 3368. Speed timing devices.
http://members.aol.com/StatutesP1/75PA3368.html


QUESTION THE INSTALLATION OF EQUIPEMENT

The Enradd is manufactured by Y.I.S. Incorporated, located in York,
PA. Demand to know who installed it. If the department installed it
themselves or hired a contractor, question their competency, ability
and certification to do so. You can also question the appropriate
distances of the sensors:

?(e) Distance requirements for use of mechanical, electrical and
electronic devices.--Mechanical, electrical or electronic devices may
not be used to time the rate of speed of vehicles within 500 feet
after a speed limit sign indicating a decrease of speed. This
limitation on the use of speed timing devices shall not apply to speed
limit signs indicating school zones, bridge and elevated structure
speed limits, hazardous grade speed limits and work zone speed
limits.?
THE VEHICLE CODE (TITLE 75)
PART III. OPERATION OF VEHICLES
CHAPTER 33. RULES OF THE ROAD IN GENERAL
Subchapter F - Speed Restrictions.
§ 3368. Speed timing devices.

http://members.aol.com/StatutesP1/75PA3368.html


PA BULLETIN
http://www.pabulletin.com/secure/data/vol26/26-31/1270.html

Regards;
tutuzdad-ga

I doubt you could accomplish that alone.  What you are proposing is an
extreme long shot.  imo, get a reasonably-priced attorney who
specializes in traffic law.    An atty will negotiate down your fine
and the violation's impact upon your mvr.  Good luck.

Dude - dont be so negative: Do you even know what EPS or ENRADD stands
for??  Instead of suggesting that I hire a lawyer, how about telling
me how the system works?  Knowing how these things work can enable you
to build a defense which raises enough doubt about the operation of
the equipment to get the case either thrown out for insufficient
evidence or reduced to a non-moving violation. Otherwise, go answer a
question that you know something about and stop wasting my time.

I'd have to agree with daytrader- speednig violations are VERY common,
and if it were possible to argue against them from a technological
perspective, a claim against the speed detection technology, then
someone would have tried it (successfully) by now.  Some things you
just can't fight....

"I fought the law, and the law won!"  -The Clash

"stop wasting my time"

That's what the judge will say when you show up at court and try to play Matlock.

Dear spikeymike-ga;

Don't give up yet. This is actually an excellent service and the
unwanted comments are just an occupational hazard here. Ignore them if
you can.

As I see it you have several options:

The ENRADD speed timing device calculates the elapsed time between two
timing strips which are spaced 5 feet apart as recommended by the
manufacturer's specifications. When a vehicle passes over the strips,
the unit will record the time interval between the activation of the
first and second timing strips. This time interval, with the known
distance between the two timing strips, is used to measure the speed
of the vehicle. The speed of each vehicle is displayed by the Enradd
in miles per hour. What this means is, if you are caught, you are
busted ? period. I mean, there?s no way to argue with this kind of
evidence?or is there?

QUESTION THE CALIBRATION

??if the comparison of the oscilloscope/frequency counter with the
Enradd differs by more than 1 mile per hour (plus or minus) then the
unit is to be returned to the manufacturer or an approved service
center.?

QUESTION THE COMPONENTS

Equipment, timing strips and other devices have to be checked and
calibrated every 60 days.

QUESTION THE INTEGRITY OF THE CALIBRATION RECORDS

Demand to see the calibration schedule and records to see if the
inspections are being done every 60 days as required. If you can cast
a doubt on the integrity of the calibration records, you cast a doubt
on the calibration itself. If the calibration is off, you can argue
that you should not have been ticketed due to this statute:

?No person may be convicted upon evidence obtained through the use of
devices authorized by paragraphs (2) and (3) unless the speed recorded
is six or more miles per hour in excess of the legal speed limit.
Furthermore, no person may be convicted upon evidence obtained through
the use of devices authorized by paragraph (3) in an area where the
legal speed limit is less than 55 miles per hour if the speed recorded
is less than ten miles per hour in excess of the legal speed limit.
This paragraph shall not apply to evidence obtained through the use of
devices authorized by paragraph (3) within a school zone.?
THE VEHICLE CODE (TITLE 75)
PART III. OPERATION OF VEHICLES
CHAPTER 33. RULES OF THE ROAD IN GENERAL
Subchapter F - Speed Restrictions.
§ 3368. Speed timing devices.
http://members.aol.com/StatutesP1/75PA3368.html

QUESTION THE KNOWLEDGE, COMPETENCY, TRAINING AND CERTIFICATION OF THE INSPECTOR(S)

Demand to know WHO, WHEN, WHERE and HOW regarding the inspections then
question the person?s record keeping, abilities, training, certificate
validity (is it expired or negligently overlooked when
re-certification time came due).

?(d) Classification, approval and testing of mechanical, electrical
and electronic devices.--The department may, by regulation, classify
specific devices as being mechanical, electrical or electronic. All
mechanical, electrical or electronic devices shall be of a type
approved by the department, which shall appoint stations for
calibrating and testing the devices and may prescribe regulations as
to the manner in which calibrations and tests shall be made. The
certification and calibration of electronic devices under subsection
(c)(3) shall also include the certification and calibration of all
equipment, timing strips and other devices which are actually used
with the particular electronic device being certified and calibrated.
The devices shall have been tested for accuracy within a period of 60
days prior to the alleged violation. A certificate from the station
showing that the calibration and test were made within the required
period, and that the device was accurate, shall be competent and prima
facie evidence of those facts in every proceeding in which a violation
of this title is charged.?
THE VEHICLE CODE (TITLE 75)
PART III. OPERATION OF VEHICLES
CHAPTER 33. RULES OF THE ROAD IN GENERAL
Subchapter F - Speed Restrictions.
§ 3368. Speed timing devices.
http://members.aol.com/StatutesP1/75PA3368.html


QUESTION THE INSTALLATION OF EQUIPEMENT

The Enradd is manufactured by Y.I.S. Incorporated, located in York,
PA. Demand to know who installed it. If the department installed it
themselves or hired a contractor, question their competency, ability
and certification to do so. You can also question the appropriate
distances of the sensors:

?(e) Distance requirements for use of mechanical, electrical and
electronic devices.--Mechanical, electrical or electronic devices may
not be used to time the rate of speed of vehicles within 500 feet
after a speed limit sign indicating a decrease of speed. This
limitation on the use of speed timing devices shall not apply to speed
limit signs indicating school zones, bridge and elevated structure
speed limits, hazardous grade speed limits and work zone speed
limits.?
THE VEHICLE CODE (TITLE 75)
PART III. OPERATION OF VEHICLES
CHAPTER 33. RULES OF THE ROAD IN GENERAL
Subchapter F - Speed Restrictions.
§ 3368. Speed timing devices.

http://members.aol.com/StatutesP1/75PA3368.html


PA BULLETIN
http://www.pabulletin.com/secure/data/vol26/26-31/1270.html



Note: the comments that seemed to have irritated you earlier are from
a COMMENTER, not a RESEARCHER. Researchers have names that are active
links, Commenters do not. It?s often futile to try and respond to a
comment if you are provoked so you should probably just ignore it. As
you can see however, I am a researcher, but I am posting this as ?a
comment? for the time being to see if it suits you as an answer.

PS: I?ve also spent the last 20+ years in law enforcement.

Best regards;
Tutuzdad ? Google Answers Researcher

Thanks tutuzdad.  

Are you also knowledgeable about ESP?  Does it operate the same as ENRADD?

My citation does not specify the equipment used.  Is this grounds for dismissal?
I was ticketed in a 35 mph zone. The citation further indictes that
the Alleged Speed was EXACTLY 60.0 mph and the timed distance was
0.0282 miles (148.896 ft)for 1.69 sec.  I honestly did not think I was
going 60, which is why I chose to contest this citation (that and the
fact that it will affect my insurance rates).

It seems to me unlikely that such an "accurate" measurement device
would clock me at EXACTLY 60.0 mph (not 59.7 or 60.3mph) and that the
sensors were set up EXACTLY 148 ft 10-3/4 inches apart. I am planning
to request the officer's log and copies of the citations he wrote that
day to see if ALL the citations indicate a timing distance of 0.0282
miles (148.896 ft).  If not, why would the officer reset the timing
distance after each citation???

What do you think?  Does ESP work differently?  Is it possible that
another car triggered the device and my car reset it??  Or were they
setting me up? (I was cited on 6/26/04 at the END of the month by the
LOCAL police.)

ESP is an acronym for "Excessive Speed Preventer". Unfortunatley I'm
not very knowledgable about ESP technology or what it entails. Frankly
it sounds rather ambigious to me. I do know that it somehow utilizes a
laser timing device as opposed to sensors and a stopwatch to measure
the speed over which a moving object traverses a specified distance
(simmilar to VASCAR).

This service, TICKETKILLER, claims to have an 80% success rate on
helping people defend themselves against these types of electronic
devices based in known flaws in the systems. You might want to give
them a shot.

TICKETKILLER
http://www.ticketkiller.com/does-it-work-my-state.html

At any rate I hope what I "have" been able to provide has helped you.

Regards;
tutuzdad-ga

Daytrader76 was right.  You need an attorney.  One of the reasons is
that you are ungrateful.  Have you noticed how many questions are not
answered?  You are lucky that anyone even commented, let alone
answering your question. You should be thanking Daytrader76 for
spending the time with you.

You owe Daytrader76 an apology

Hey tutuzdad-ga,
Thanks for the info on ticketkiller.  It gave me the technical and
legal information i needed to walk into court, state my case and stand
up for my rights.  The ticket was dismissed.  Without an attorney.
I confess it helps to have some balls when the magistrate insists that 
"You need to prove that you're innocent," and you find it necessary to
point out to him that "with all due respect, your honor, I believe
that in this country the defendant is innocent until proven guilty."
But the outcome was worth the time and the few bucks spent doing the
research.  Thanks for the tip.

Congratulations! I'm thrilled it worked out well for you. Shall I
close your question with my answer then?

Regards;
tutuzdad-ga