Jeff:
I have some advice based on PA law, being a PA resident, and having been stopped, and worked in a D.A.'s office. I have seen, and experienced, this in a magistrate and a county court. And, one of our closest family friends is a magistrate in a local district (who gave me much of this advice in the past).
In short - you can go in and argue until your face is blue, but you are guilty. I am not saying you are really guilty, but if a police officer enters an appearance at the hearing, you're guilty. Photos where the event occurred are noteworthy, but not conclusive.
In PA, most magistrates are former police officers (though some are attorneys). There are friendships between individuals, and friendships based on "repeat customers" - an officer will spend much time in a magistrate's office. Moreover, most magistrates realize that police officers do serve a valid purpose, and allow them within reason leeway on the truth. Somewhere above, I believe someone mentioned about stretching the truth to get the big guilty. It happens. It always will.
Do not assume the officer will not show. In PA, most police departments allow officers paid time off (or time on) to attend hearings. PA officers no longer have a reason not to show (that is, the loss of pay). It is rare that I have seen an officer not show. Even local officers show. It's somewhat unbelievable, at least to me. However, because towns rely on the revenue from stops, there is an incentive for officers to show up. Moreover, supervisors may reprimand them for not doing so.
What you are doing is the right thing:
(a) Show up 10 to 15 minutes early. The officer will likely be there from a previous hearing.
(b) Address the officer respectfully prior to the hearing. Explain your position, and request his input on whether a compromise can be reached prior to the hearing.
(c) Hope for the best.
He says he already cut me a break by giving me a "no points" citation for "Obedience to traffic control devices". The $25 fine plus $81.50 in EMS, MCARE and other costs brings me to a total of $106.50. I talked to my brother who is local cop in Virginia and he tells me this is a chicken sh!& citation.
You are speaking about a PA 3111. This statute, which is OFTEN the statute that officers use when REDUCING infractions, specifies that the driver did not follow some traffic device. And, as you stated, it carries no points.
From what I see, you may enter a pleading of not guilty on the ticket and submit it, and try to plead guilty on the day and hope for less, but you are climbing a steep hill. If the officer states that he issued the lower citation, you essentially received the break most receive. When I was stopped for 78 in a 55, the state police officer reduced it to a 3111 at the hearing. My fine was nearly the same as yours (I only recall it being under $110) without points (not bad from $180 and four points).
As far as I see it, and I am not being accusative, but comparing your account to the relevant law:
Pennsylvania Consolidated Statute 3323:
(b) Duties at stop signs.--Except when directed to proceed by a police officer or appropriately attired persons authorized to direct, control or regulate traffic, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line . . . .
Technically, even though you estimate you stopped between 4 and 5 feet behind the line, the law requires a stop at the line itself. Now, this reading is anal, but by the text of the law, there was a violation.
How about the fact that I have to send a check that will get cashed even though I am pleading not guilty and should be "innocent until proven guilty".
First, this acts as something like bail. It assures you will show on the given day. And, an innocent person would - like
