Com. v. Dumanov, J.
390 EDA 2017
| Pa. Super. Ct. | Oct 24, 2017Background
- On Jan. 2, 2015, Trooper Marotta used radar to record Joseph Dumanov driving 83 mph in a 65 mph zone on I-80; Dumanov was cited under 75 Pa.C.S.A. § 3362 (maximum speed limits).
- At a de novo trial on Jan. 5, 2017, Dumanov conceded he exceeded the posted limit but argued § 3362 is unconstitutional and infringes his right to freely travel.
- The trial court accepted the Commonwealth’s proof (radar device approved by PennDOT and judicially noticed) and found Dumanov guilty under § 3362, imposing a fine and costs.
- Dumanov appealed, raising constitutional and statutory challenges to § 3362: vagueness, lack of scientific basis, conflict/duplication with § 3361 (driving at a safe speed), and that § 3362 is unnecessary legislation.
- The Superior Court reviewed the statutory scheme, PennDOT’s authority to post speed limits, and precedent on § 3361’s scope (requires proof of imprudent speed under circumstances) versus § 3362 (established maximum limits).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of § 3362 | § 3362 is vague and denies a right to freely travel; therefore unconstitutional | State presumes constitutionality; defendant bears heavy burden to show clear constitutional violation | Court affirmed: defendant failed to meet heavy burden; § 3362 upheld |
| Redundancy/necessity vis-à-vis § 3361 | § 3361 (safe speed) already regulates speed; § 3362 is needless/duplicative and unnecessary legislation | § 3362 provides set maximums; § 3361 is fact-specific and sometimes distinct; both can coexist as valid exercises of police power | Court held both sections serve different functions; § 3362 not needless or duplicative |
| Applicability of § 3361 to speeding citations | Dumanov argued § 3361 should govern instead of § 3362 | Commonwealth showed posted limits, device approval, and that § 3362 establishes maximums; § 3361 requires proof of imprudence under conditions | Court explained § 3361 addresses unsafe speeds under conditions and does not eliminate § 3362; conviction under § 3362 was proper |
| Sufficiency of evidence of speed | N/A (Dumanov conceded speed) | Radar reading and PennDOT approval of radar device; court took judicial notice of device approval | Court found Commonwealth met its burden; evidence sufficient to convict under § 3362 |
Key Cases Cited
- Commonwealth v. Rabold, 951 A.2d 329 (Pa. 2008) (challenger bears heavy burden to show statute unconstitutional)
- Commonwealth v. Burnsworth, 669 A.2d 883 (Pa. 1995) (same principle regarding presumption of constitutionality)
- Commonwealth v. Heberling, 678 A.2d 794 (Pa. Super. 1996) (§ 3361 requires proof that speed was unreasonable or imprudent under the circumstances)
- In re R.D., 739 A.2d 548 (Pa. Super. 1999) (courts should invalidate statutes only in very clear cases)