So Rule 109 of the Pa Code "Defects in Form, Content or Procedure", would not apply when my defense relies on a location of 2 points noted on the ticket.
That would not be "prejudicial to my defense??"
I would think it would be very prejudicial. Since all my measurements, pictures, testimony...
Let's make it simple. I have a ticket that says he has me speeding between 2 lines on the road, 300 ft. West of Herr Ave.
I go to court with pictures of the road 300' West of Herr Ave. No lines.
Can he just say "oh well I meant 300' EAST of Herr Ave., not West." And the judge would say "OK...
So the ticket says we were on the eastside of Herr Ave. We were on the west side. The east side has no lines and the west does. I dae hom lateradding yellow tape.
I think it is moot. I went to the spot the ticket says and took pic. No lines
I have a vascar ticket. When you go to the location on the ticket, there are no lines on the road, which is how PA uses vascar. Can I dismiss.
He put W instead of E...how am I to know that. 2. Where there were lines, they were very faded. I saw him later adding bright yellow tape to the lines.