MiDe84 Posted June 29, 2013 Report Share Posted June 29, 2013 I went through the DUI stop on 4th today. I was on my motorcycle and they had me do a field sobriety test. Of course I passed since I don't drink. So since I passed and I feel they needed to give me something they wrote me a ticket for obscured tag. I and everyone else can read my tag easily. I didn't argue it at the time cause that is not the time and place to argue. Is there anything that I can do with this? If I take a photo in and show a judge that its easy to read would they drop it? There is also this ORC I found that I don't quite understand. Anyone care to clear this up? 4511.093 I read it one way and it says they can't write another offense but then I read it again and it seems like they can. I dunno very confusing. I would appreciate any help. Quote Link to comment Share on other sites More sharing options...
STEVE-O Posted June 29, 2013 Report Share Posted June 29, 2013 Did you ask the officer who wrote the ticket what you can do to make it " legal" for him? This is what I would have done and tried to avoid the ticket. If nothing was said I would take a picture and hope the judge is cool because you could have always moved the tag later after the ticket and then take a picture. Quote Link to comment Share on other sites More sharing options...
cstmg8 Posted June 29, 2013 Report Share Posted June 29, 2013 I'd go to court if you have the time, most judges will knock that one down. Was it $120? Quote Link to comment Share on other sites More sharing options...
cstmg8 Posted June 29, 2013 Report Share Posted June 29, 2013 Also, that's crap. Is it a DUI check or a revenue builder? Quote Link to comment Share on other sites More sharing options...
adamgh81 Posted June 29, 2013 Report Share Posted June 29, 2013 Did you have a light on your plate? Quote Link to comment Share on other sites More sharing options...
Geeesammy Posted June 29, 2013 Report Share Posted June 29, 2013 The way I read and interpreted this was that a "secondary offense" they refer to is one the is listed at the bottom of the page, I didn't read each one individually but to me it sounded like texting while driving, a temporary permit license violation, no seat belt, headlight(s) or taillight(s) out or not working properly, a violation of Probationary license laws, and child restraints. Seeing as how you are on a bike, I don't see how 4 of the 6 apply to you. I'm assuming you had your lights on, as well as your licensing sorted out as well. According to 4511.093, " As used in this section, "secondary traffic offense" means a violation of division......division (A)(3) of section 4513.03...." According to Division (A)(3) of section 4513.03 "At any time when the windshield wipers of the vehicle are in use because of precipitation on the windshield. Every motorized bicycle shall display at such times lighted lights meeting the rules adopted by the director of public safety under section 4511.521 of the Revised Code. No motor vehicle, during such times any time specified in this section, shall be operated upon a street or highway within this state using only parking lights as illumination. Whenever in such sections a requirement is declared as to the distance from which certain lamps and devices shall render objects visible, or within which such lamps or devices shall be visible, such distance shall be measured upon a straight level unlighted highway under normal atmospheric conditions unless a different condition is expressly stated. Whenever in such sections a requirement is declared as to the mounted height of lights or devices, it shall mean from the center of such light or device to the level ground upon which the vehicle stands." Now, according to my interpretation of 4511.521 Operation of motorized bicycles, nothing is mentioned about lighting or placement of a license/identification plate, I didn't read the entire thing, but I searched for a few key phrases and saw nothing. I'd think that this would be a pretty easy win if my reading serves me right, but this isn't a lawyers interpretation or anything, but if you feel as if you can win it, I'd fight it. This to me seems like a bogus ticket, not only for when/where it was issued, but also if the placement of the plate is within the law. Remember, the plate also has to be illuminated at night, so if it wasn't, make sure it is in the pictures. Quote Link to comment Share on other sites More sharing options...
SRTurbo04 Posted June 29, 2013 Report Share Posted June 29, 2013 Pics of plate would help. Quote Link to comment Share on other sites More sharing options...
El Karacho1647545492 Posted June 29, 2013 Report Share Posted June 29, 2013 It's not a bogus ticket. In Ohio, as with many other states, you are not allowed to obscure your license plate in any way. In a technical sense, this means that you can't have plastic covers, frames, or literally anything that obscures any part of the plate. Mostly this is to prevent people from using fraudulent registration stickers, but it can be used in the most liberal, sweeping sense. It is, as far as I know, a fix-it ticket however. If you take off whatever frame or cover you had on your plate, show up to court, and can show that your plate is not obscured, you're good to go. Quote Link to comment Share on other sites More sharing options...
Geeesammy Posted June 29, 2013 Report Share Posted June 29, 2013 It's not a bogus ticket... No doubt that having the plate obscured (if it is) would be illegal. I don't think he is trying to argue that, I think the main question here is the legality of him being issued the ticket and if it could theoretically be issued in the way it was. Unfortunately this is more of an "officers opinion" citation than anything else in my book, meaning one policeman having a bad day can issue it to a semi-questionable plate. But obviously if it was mounted facing downward to the rear tire or something then I would really doubt it would stand a chance, and almost would be deserved no matter the circumstance in that case lol. Quote Link to comment Share on other sites More sharing options...
MiDe84 Posted June 30, 2013 Author Report Share Posted June 30, 2013 Did you have a light on your plate? Yes in fact the light on my plate that barely covers the Ohio Title is why they wrote the infraction. The way I read and interpreted this.... Thank you! Getting a second opinion has help me understand the code more. Pics of plate would help. http://i.imgur.com/qIkOTbGl.jpg Did you ask the officer who wrote the ticket say what you can do to make it " legal" for him? This is what I would have done and tried to avoid the ticket. If nothing was said I would take a picture and hope the judge is cool because you could have always moved the tag later after the ticket and then take a picture. No I tend to try and use the least words possible. You know the whole anything I say can be used against me thing keeps me quite. Quote Link to comment Share on other sites More sharing options...
MiDe84 Posted June 30, 2013 Author Report Share Posted June 30, 2013 I just reread section 1 like 10 times and I feel like I'm screwed. Seems like section B are the infractions they cannot write tickets for but everything else is game? Quote Link to comment Share on other sites More sharing options...
unfunnyryan Posted June 30, 2013 Report Share Posted June 30, 2013 Go to court if you can spare the time. I just had a ticket for speed where I'd be paying around $200 and have 4 points on my license. Plead not guilty to the arrangement, plea bargain with prosecutor on court date before hearing and ended up paying $105 and 0 points. Unless you have a big record you can probably get off with reduced or get it dropped. Quote Link to comment Share on other sites More sharing options...
cstmg8 Posted June 30, 2013 Report Share Posted June 30, 2013 Now I see the problem, wipe all that black sharpie off and it'll be fine! Seriously though, show you've made some attempt to correct, and the judge will at least knock down the price. Quote Link to comment Share on other sites More sharing options...
RC K9 Posted June 30, 2013 Report Share Posted June 30, 2013 Should have refused the sobriety test as it was an illegal detainment in the first place. Quote Link to comment Share on other sites More sharing options...
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