Commonwealth v. Manny

Superior Court of Pennsylvania

Commonwealth v. Manny

414 A.2d 685, 272 Pa. Super. 93, 1979 Pa. Super. LEXIS 3202

CourtSuperior Court of Pennsylvania

DecidedNovember 16, 1979

Docket2906 and 2907

StatusPublished

Cited by3 cases

This text of 414 A.2d 685 (Commonwealth v. Manny) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Commonwealth v. Manny, 414 A.2d 685, 272 Pa. Super. 93, 1979 Pa. Super. LEXIS 3202 (Pa. Ct. App. 1979).

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Opinion

DOWLING, Judge:

This is an appeal from a conviction for a speeding violation. 1 The appellant has stipulated to all the facts necessary to sustain his conviction. The sole issue presented for review is whether the lower court was correct in holding that the arresting officers were authorized under the Vehicle Code 2 to use a stopwatch for determining the speed of appellant’s vehicle over a measured distance of Vs mile.

Section 3368 of the Vehicle Code empowers police officers to use speed timing devices of a type approved by the Penhsylvania Department of Transportation. On October 28, 1978, the Transportation Department adopted certain amendments to 67 Pa.Code Chapter 337, Subchapter E, § 337.31-35, promulgated for the purpose of further implementing Section 3368 of the Vehicle Code. 3 These regulations explicitly approve of properly calibrated and officially tested stopwatches for use as mechanical speed timing devices. Although the incident in question predated the adoption of these regulations, the particular stopwatch used had been duly tested for accuracy within sixty days prior to the appellant’s arrest, as required under 75 Pa.C.S.A. § 3368(d) of the Vehicle Code. Accordingly, we find that the appellant is out of time.

Judgment of sentence affirmed.

PRICE, J., concurs in result.

1

. Act of 1976, June 17, P.L. 162, No. 81, § 1, 75 Pa.C.S.A. § 3362.

2

. Act of 1976, June 17, P.L. 162, No. 81, § 1, 75 Pa.C.S.A. § 101 et seq.

3

. Volume 81, Pennsylvania Bulletin, page 2918.

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DOWLING, Judge:

This is an appeal from a conviction for a speeding violation. 1 The appellant has stipulated to all the facts necessary to sustain his conviction. The sole issue presented for review is whether the lower court was correct in holding that the arresting officers were authorized under the Vehicle Code 2 to use a stopwatch for determining the speed of appellant’s vehicle over a measured distance of Vs mile.

Section 3368 of the Vehicle Code empowers police officers to use speed timing devices of a type approved by the Penhsylvania Department of Transportation. On October 28, 1978, the Transportation Department adopted certain amendments to 67 Pa.Code Chapter 337, Subchapter E, § 337.31-35, promulgated for the purpose of further implementing Section 3368 of the Vehicle Code. 3 These regulations explicitly approve of properly calibrated and officially tested stopwatches for use as mechanical speed timing devices. Although the incident in question predated the adoption of these regulations, the particular stopwatch used had been duly tested for accuracy within sixty days prior to the appellant’s arrest, as required under 75 Pa.C.S.A. § 3368(d) of the Vehicle Code. Accordingly, we find that the appellant is out of time.

Judgment of sentence affirmed.

PRICE, J., concurs in result.

1

. Act of 1976, June 17, P.L. 162, No. 81, § 1, 75 Pa.C.S.A. § 3362.

2

. Act of 1976, June 17, P.L. 162, No. 81, § 1, 75 Pa.C.S.A. § 101 et seq.

3

. Volume 81, Pennsylvania Bulletin, page 2918.

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414 A.2d 685, 272 Pa. Super. 93, 1979 Pa. Super. LEXIS 3202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-manny-pasuperct-1979.

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