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COMMONWEALTH PENNSYLVANIA v. SOLLY GERNSHEIMER (03/21/80)

filed: March 21, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
SOLLY GERNSHEIMER, APPELLANT



No. 2952 October Term, 1978, Appeal from order dated November 20, 1978 of the Court of Common Pleas, Civil Action - Law for the County of Berks No. 247 October Term, 1978.

COUNSEL

Alan G. Leisawitz, Reading, for appellant.

J. Michael Morrissey, District Attorney, Reading, for Commonwealth, appellee.

Cercone, President Judge, and Watkins and Lipez, JJ.

Author: Watkins

[ 276 Pa. Super. Page 420]

This is an appeal from the order of the Court of Common Pleas of Berks County, Civil Division, by the defendant-appellant, Solly Gernsheimer, from a summary conviction for violation of 75 Pa.C.S.A. 3362(a)(3). The Common Pleas Court, after hearing, had found defendant guilty of the offense. The defendant had appealed his conviction before the magistrate to the Common Pleas Court. The defendant had been found guilty of operating his automobile at a speed of sixty (60) miles per hour in a speed zone, marked by traffic-control signs, which established the maximum allowable speed at forty-five (45) miles per hour in violation of the above section.

Section 3362 of the Motor Vehicle Code of Pennsylvania provides as follows:

"Section 3362. Maximum Speed Limits.

(a) General rule. -Except when a special hazard exists that requires lower speed for compliance with section 3361 (relating to driving vehicle at safe speed), the limits specified in this subsection or established under this subchapter shall be maximum lawful speeds and no person shall drive a vehicle at a speed in excess of the following maximum limits:

(1) 35 miles per hour in any urban district.

(2) 55 miles per hour in other locations.

(3) Any other maximum speed limit established under this subchapter."

Defendant was convicted of operating his vehicle in violation of subsection (a)(3) of this section. On appeal he challenges the legality of the speed zone. More specifically, he alleges that a speed zone in which the maximum speed is set at less than fifty-five (55) miles per hour under subsection (a)(3) is unlawful unless such a speed zone is established on the basis of an engineering and ...


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