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What would you do? (yet another ticket thread)


HotCarl

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78 in a 55. 270 Eastbound between 23 and 71.

 

Driving my happy ass to work around noon in the fast lane traffic up ahead seems to be coming to a stop for no apparent reason. The Subaru in front of me (at least 20+ car lengths) starts to come to a stop in the lane im in (far left) and starts steering towards the wall. as i approach the car rapidly decelerating i see a person standing in the lane, it was a motorcylce cop ordering me to pull over behind the subaru he approach's my car to say i was doing 78/55 and to get my license and registration ready.

 

He deals with the other guy then takes my info, he's gone and returned in less than 5 min. giving me my ticket saying he didn't cite that it was a construction zone but did say that the speed limit was 55.

 

My complaint? How in the hell did he get an accurate (laser) reading on me while im decelerating in the fast lane. By time i actually saw him i was doing well below 55. He didn't say or write that it was VASCAR or Air, just Laser. If there was another officer on the bridge of 23, the position in which you operate your radar and/or laser gun cannot exceed 45degrees. If i knew the range on the particular equipment used i could argue the officer didn't have the time and/or distance to get an accurate and lawful reading of my vehicles speed.

 

My argument?

He (and/or other officer) didn't get an accurate reading on my speed.

His equipment may not be calibrated. (long shot)

Both officer's must show at the court date. (thanks Ben)

 

So, what would you do? eat the 150$ or fight it and end up maybe paying a fine and court costs? Mind you this is 20+, doesnt that mean points?

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I'm going to take a stab at this one since it is exactly the same as the 15 other ticket threads.

 

Option A: Pay the ticket, move on with life.

Option B: Plead not guilty, go to court. Probably pay court costs but may get less points/cost.

Option C: Hire lawyer to go to court with you. Probably pay court costs and lawyer.

 

20+ means wreckless op. This is 4 points I believe. I would plead not guilty and get it down to possibly just speeding and court costs. Wreckless op will kill you on insurance.

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20+ means wreckless op. This is 4 points I believe. I would plead not guilty and get it down to possibly just speeding and court costs. Wreckless op will kill you on insurance.

 

Only if you were cited for it at the time of the incident. Often times you will not get the wreckless charge unless you are 35 over or weaving in traffic at 20+. Just my experience.

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20+ means wreckless op. This is 4 points I believe. I would plead not guilty and get it down to possibly just speeding and court costs. Wreckless op will kill you on insurance.

 

Only if you were cited for it at the time of the incident. Often times you will not get the wreckless charge unless you are 35 over or weaving in traffic at 20+. Just my experience.

 

He said nothing about Wreckless Op. and didn't make any referance to it on teh ticket either. i wasn't swerving at all.

 

I did get a another speeding ticket south of cleveland (i think ashland county?) but he didnt say anything about that either, or make note of it on the ticket. usually if its your second ticket in a year its a mandatory appearance, again nothing was said or noted on the ticket. That was 4-5 months ago. Previous to that i hadn't gotten one for 2 years.

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you were only 23 over it is not wreckless op yet dont worry.... I do suggest you find out how they got you.

IF it was by another officer the ticket can be dismissed faster then you can get searched walking in the building. By Ohio law the officer that clocks you MUST be the one to issue the ticket, it may not be issued my another officer. also if the officer that clocked you was concidered unvisible(hiding behind another car or barrier) that also voids the ticket. tough to prove but it happens often. Dont hire a lawyer it's not needed. go and deny it theres still about a 70% chance the officer won't show... What I do is remember what the officer looks like then got 1.5 hours before your court date and just wait.... ya it may seem like a boring waste of time but when the atterny for the state comes out and tells you that the officer is here but he would like to settle to save time etc.... you can respond with BULLSHIT! lets go to court! and get it dismissed that way. Just some suggestions of things that work and have worked for me in the past have fun and hope you get outta it.

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78 in a 55. 270 Eastbound between 23 and 71.

 

Driving my happy ass to work around noon in the fast lane traffic up ahead seems to be coming to a stop for no apparent reason. The Subaru in front of me (at least 20+ car lengths) starts to come to a stop in the lane im in (far left) and starts steering towards the wall. as i approach the car rapidly decelerating i see a person standing in the lane, it was a motorcylce cop ordering me to pull over behind the subaru he approach's my car to say i was doing 78/55 and to get my license and registration ready.

 

He deals with the other guy then takes my info, he's gone and returned in less than 5 min. giving me my ticket saying he didn't cite that it was a construction zone but did say that the speed limit was 55.

 

My complaint? How in the hell did he get an accurate (laser) reading on me while im decelerating in the fast lane. By time i actually saw him i was doing well below 55. He didn't say or write that it was VASCAR or Air, just Laser. If there was another officer on the bridge of 23, the position in which you operate your radar and/or laser gun cannot exceed 45degrees. If i knew the range on the particular equipment used i could argue the officer didn't have the time and/or distance to get an accurate and lawful reading of my vehicles speed.

 

My argument?

He (and/or other officer) didn't get an accurate reading on my speed.

His equipment may not be calibrated. (long shot)

Both officer's must show at the court date. (thanks Ben)

 

So, what would you do? eat the 150$ or fight it and end up maybe paying a fine and court costs? Mind you this is 20+, doesnt that mean points?

 

 

Stop Speeding?

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you were only 23 over it is not wreckless op yet dont worry.... I do suggest you find out how they got you.

IF it was by another officer the ticket can be dismissed faster then you can get searched walking in the building. By Ohio law the officer that clocks you MUST be the one to issue the ticket, it may not be issued my another officer.

(That is false, I have yet to see the cop in the plane parachute out to issue a citation)

 

also if the officer that clocked you was concidered unvisible(hiding behind another car or barrier) that also voids the ticket.
(again, another false statement, this goes along with the lights on running radar, that's a OSP policy, not a state law)

 

tough to prove but it happens often. Dont hire a lawyer it's not needed. go and deny it theres still about a 70% chance the officer won't show...
(again, wrong, officers are paid overtime ($35 per hour) to go to court, would you pass on that?)

 

What I do is remember what the officer looks like then got 1.5 hours before your court date and just wait.... ya it may seem like a boring waste of time but when the atterny for the state comes out and tells you that the officer is here but he would like to settle to save time etc.... you can respond with BULLSHIT! lets go to court! and get it dismissed that way.
(no, you will not get it dismissed, you will have a chance to plead it in a trial, but Ohio law does not allow a jury trial for traffic offenses unless it's involves a felony like vehicular manslaughter)

 

Just some suggestions of things that work and have worked for me in the past have fun and hope you get outta it.
(here again, your age on the board shows 18??? just how many tickets since you turned 18 have you had? Minors don't even plead guilty or not guilty. It's either admit or deny the charge. While we appericate the Perry Mason stories, I think ol boy here might be better off with some factual information.
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(That is false, I have yet to see the cop in the plane parachute out to issue a citation)

 

(again, another false statement, this goes along with the lights on running radar, that's a OSP policy, not a state law)

 

(again, wrong, officers are paid overtime ($35 per hour) to go to court, would you pass on that?)

 

(no, you will not get it dismissed, you will have a chance to plead it in a trial, but Ohio law does not allow a jury trial for traffic offenses unless it's involves a felony like vehicular manslaughter)

 

(here again, your age on the board shows 18??? just how many tickets since you turned 18 have you had? Minors don't even plead guilty or not guilty. It's either admit or deny the charge. While we appericate the Perry Mason stories, I think ol boy here might be better off with some factual information.

 

All true, this may be the best post Desperado has ever made.

 

Turbs3000, you need to quit talking about something you do not know about. I mean who is feeding you this garbage? I haven't seen such a fucking dumb post with so much misinformation in it. Your 18, shutup and listen to some people on here and you may actually learn a thing or two. Just because daddy told you this info does not make your info correct. A mod needs to edit his nonsence, so someone doesn't search for this topic and read his shit and try to use it........

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food for thought:

[§ 4511.09.1] § 4511.091. Arrest or citation based on radar, timing device or radio message from another officer.

 

 

 

 

 

(A) The driver of any motor vehicle that has been checked by radar, or by any electrical or mechanical timing device to determine the speed of the motor vehicle over a measured distance of a highway or a measured distance of a private road or driveway, and found to be in violation of any of the provisions of section 4511.21 or 4511.211 [4511.21.1] of the Revised Code, may be arrested until a warrant can be obtained, provided the arresting officer has observed the recording of the speed of the motor vehicle by the radio microwaves, electrical or mechanical timing device, or has received a radio message from the officer who observed the speed of the motor vehicle recorded by the radio microwaves, electrical or mechanical timing device; provided, in case of an arrest based on such a message, the radio message has been dispatched immediately after the speed of the motor vehicle was recorded and the arresting officer is furnished a description of the motor vehicle for proper identification and the recorded speed.

I dont see any mention of laser or light based devices.
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[§ 4511.09.1] § 4511.091. Arrest or citation based on radar, timing device or radio message from another officer.

 

(A) The driver of any motor vehicle that has been checked by radar, or by any electrical or mechanical timing device to determine the speed of the motor vehicle over a measured distance of a highway or a measured distance of a private road or driveway, and found to be in violation of any of the provisions of section 4511.21 or 4511.211 [4511.21.1] of the Revised Code, may be arrested until a warrant can be obtained, provided the arresting officer has observed the recording of the speed of the motor vehicle by the radio microwaves, electrical or mechanical timing device, or has received a radio message from the officer who observed the speed of the motor vehicle recorded by the radio microwaves, electrical or mechanical timing device; provided, in case of an arrest based on such a message, the radio message has been dispatched immediately after the speed of the motor vehicle was recorded and the arresting officer is furnished a description of the motor vehicle for proper identification and the recorded speed.

 

"or by any electrical or mechanical timing device" i think laser might be considered under this.

 

And to answer Turbs post. Above,"or has received a radio message from the officer who observed the speed of the motor vehicle recorded by the radio microwaves, electrical or mechanical timing device." You may have gotten alot of tickets but that doesnt neccessarily mean yo9ur an expert at them. ORC says your wrong and im going with what they say. Thanks for your help.

 

Yes there is always the chance of not speeding but to be honest, it won't happen. And anyone who wants to preach to me that it is the only true way to avoid a ticket, i dont care. We all know ALL of us speed and its not going to stop now.

 

Does anyone know for sure if this would carry points or at least how i can find out if it does? if it doesnt i may just eat it, if it does. I'm going to fight it.

 

and i hate the fucking song with a passion.

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Dare I explain why in everyone of your attempts to prove me wrong you yourself was wrong and i still right. Nah.. just try to wrap your mind around a few things... never said anything about a cop with a "Parachute" it applys to everything except by chopper/plane. osp policy yes... but you can still take it to court that way and win most of the time. while yes it is overtime who knows why but many times they still don't show and if you talk to enough people that have fought there tickets you would know that too. i never said anything about a jury if by saying court... i confused you I'm sorry but yes court trial=same. Honestly now your simply fishing.... guilty and not guilty VS. admit and deny... still same thing man stop fighting over word selection. Yea, I'm 18 I've gotten 2 tickets, it happens I'm past them.
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Taken from ORC:

 

[§ 4511.09.1] § 4511.091. Arrest or citation based on radar, timing device or radio message from another officer.

 

... or has received a radio message from the officer who observed the speed of the motor vehicle recorded by the radio microwaves, electrical or mechanical timing device; provided, in case of an arrest based on such a message, the radio message has been dispatched immediately after the speed of the motor vehicle was recorded and the arresting officer is furnished a description of the motor vehicle for proper identification and the recorded speed.

 

Sorry, your wrong. Two officer's can work in tandem to give a speeding ticket, and the officer who witnessed the act does NOT have to give the actual ticket. Trust me this is most likely the exactly what just happened to me. Now when i take it to court, both officer's will have to be present in court.

 

Thanks for trying to help though.

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Just pay, beating this system has gotten so far out of ones control these days it's not worth fucking with anymore. I just got a 150$ ticket for passing someone who was going below the speed limit in a fast open lane. I failed, myself that is, by not checking the ticket where I later found out that it was a "check mark" cloudy day and "check mark" heavy traffic situation on that road. My car does not even come out on a cloudy day nor do I enjoy stop and go traffic with a heavy ass race clutch. I find myself more and more disappointed in our law inforcement each day I am inconvenienced into seeing one. I have a few friends that are or are becoming CPD which I have alot of respect for. Though, the others, the majority of them, *not all*, are scabs that did not make CPD, and are assholes as well.
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Just some more info for you guys if you try to question the calibration of the laser gun you will be shoot down they get calibrated at the begining of every shift. Did the officer in question do that who nows but will be his answer if asked in court.

 

secondly Eric CPD doesn't have quotas.

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secondly Eric CPD doesn't have quotas.

Of course they dont, they're illegal as hell. They have expectations, they have everything you can have without crossing the line into having an actual written quota. I know of one cop specificaly who told of pissed off superiors because "Peiople are speeding all the time, you need to issue X tickets or we know you're not doing your job". They have preasure and incentives.

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"Peiople are speeding all the time, you need to issue X tickets or we know you're not doing your job". They have preasure and incentives.

 

 

Pressure yes incentives no.the only incetive they would get is they get called into court which is a automatic 4 hrs OT for showing up but they only get the OT if they are off duty if they have to appear in court during thier on duty time they get nothing for it.

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Google says @55 +

30+ 4 points

<30+ 2 Points

 

As for reckless op, unless the officer writes it , you don't got it. UNLESS you fight it in court i think the judge can give it to you at that point but im pretty sure he can't If this thread i still going @5pm i will ask my dad he works @ the court house.

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