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COMMONWEALTH PENNSYLVANIA v. CHARLES W. ANDERSON (02/08/85)

SUPERIOR COURT OF PENNSYLVANIA


February 8, 1985

COMMONWEALTH OF PENNSYLVANIA
v.
CHARLES W. ANDERSON, APPELLANT

No. 00478 HARRISBURG, 1983, Appeal from an Order Entered December 12, 1983, in the Court of Common Pleas, Criminal Division, of Adams County, No. CC-170-83.

Before Wickersham, Wieand and Hester, JJ. Wieand, J., files a Concurring Memorandum.

Per Curiam:

Order affirmed.

WIEAND, J., files a Concurring Memorandum.

WIEAND, J.:

I concur. The issue raised by appellant was decided adversely to him in Commonwealth v. Kantner, 242 Pa. Super. 448, 364 A.2d 356 (1976). Cf. Commonwealth v. Klick, 164 Pa. Super. 449, 65 A.2d 440 (1949) (evidence of speed pertaining to charges of driving too fast for conditions need not meet statutory evidentiary requirements pertaining to speeding). I write separately only to express my view that proof that a maximum speed limit has been exceeded is not alone sufficient to support a conviction for driving too fast for conditions in violation of 75 Pa.C.S. § 3361. If the only evidence is that a driver exceeded the speed limit, then prosecution must be based on the more specific section of the Vehicle Code pertaining to speeding, i.e., 75 Pa.C.S. § 3362. See: Commonwealth v. Kantner, supra at 451, 364 A.2d at 358; Commonwealth v. Rice, 82 D. & C. 541 (1952); Commonwealth v. Frisco, 67 D. & C. 51 (1948). In the instant case, the additional factors of ice on the road and encroaching snow banks justified prosecution under Section 3361.

19850208

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