Commonwealth v. Erisman

COFFROTH, S.J.,

This is an appeal by defendant from his summary conviction before the district justice (Cannoni) for violation of Vehicle Code §3361.

From the officer’s testimony we find the following

FACTS

On October 12, 1989, the arresting officer (Marcinko) found defendant operating his vehicle on Railroad Street in Windber Borough at 40 mph in a posted 25 mph zone; the only relevant conditions at the time were that it was 5:30 a.m., the black top road was clear and dry, and no pedestrians or other vehicles were present.

The officer stopped defendant and issued to him a citation which cites…