Taking my speeding infraction to court?

Taking my speeding infraction to court?

Postby shen86 » Wed Jun 20, 2012 5:49 pm

I was cited for speed earlier today, for going 43 in a 25(supposedly). Let me first say that this is not a case of me simply trying to get out of a speeding ticket, because it's not. I have had speeding violations in the past, and have always paid the waiver, because I believed I was truly at fault. This time, I feel I was not at fault. Here's the story:

I live about a mile away from the fairgrounds in my town, where the officer had stated he was sitting, in a stationary position, when he caught me on radar, going 43 in the 25 mph zone. First thing that is out of place, is that it wasn't until I arrived at my home that the police officer approached my car, and turned his lights on. This is after I had gotten out of the car, checked my mailbox, and got back in the car. When I was getting ready to pull away from the mailbox, there was the officer pulling up, and hitting his lights. Why did it take him so long to approach me? Okay, next question. In Ohio, it is state law for a police officer to be plainly visible to the traffic, if using a radar gun, or any other clocking device, otherwise it's entrapment. This was during the day, otherwise at least the parking lights have to be running on the officers vehicle. Well, I did not see the officer "sitting in the fairgrounds parking lot", like he stated. It clearly states on the citation that the condition was daytime, and the weather conditions were dry, with high visibility. Now, I would have noticed a cop sitting in a parking lot, watching the passing traffic if this were true. I think he was sitting elsewhere, or maybe even driving when he supposedly clocked me.

Of course, the officer doesn't really care when I said what I said, which was,"where was I speeding", meaning I had no clue where he supposedly clocked me. So, he can pretty much say anything, and he will expect me to just believe him, pay the waiver, and be done with it, without dispute. Well, that's not going to happen. I can not afford the insurance hike, and I really think the officer wasn't completely honest. I plan on presenting my case to a judge at my court hearing.

I am coming to you, asking for your simple opinion. Do I have a chance of winning, or is it his word against mine, and I shouldn't bother? Also, I could possibly hire a lawyer, if they will work for the same amount as the fine would have been, if necessary. I don't know if it would be worth it, as I might already have a strong enough case on my own, but I know that having a lawyer present is ALWAYS beneficial.

Just to add as well, I have heard plenty of people tell me about these "tactics" to get out of speeding tickets, but I don't think they are necessary. Hopefully, the officer won't even appear, and I get it thrown out because of that. What do you think?
shen86
 
Posts: 751
Joined: Thu Mar 31, 2011 5:05 am
Top

Taking my speeding infraction to court?

Postby macquaid35 » Wed Jun 20, 2012 5:59 pm

Oh boy, do you have no idea what you're talking about. You don't have a case, period. Firstly, it is a very common MYTH to believe a police officer cannot hide while clocking people for speed. There is NO law against them doing so in Ohio. I strongly suggest you research the specific law you are believing the officer was violating while clocking you. You'll be surprised to see it doesn't exist. Secondly, just because you didn't see the officer in the parking lot doesn't mean he wasn't there and it also doesn't prove that he was hiding. You would have to have seen him hiding or see that he has a history of hiding in order to prove he was hiding, if this was even a factor in your case. It is not, though.

Next, entrapment is when a police officer makes you commit a crime you wouldn't normally commit. The officer didn't make you speed, therefore you were not entrapped. It's important to know what you're actually talking about before talking.

Your other questions make no difference on the validity of the ticket. The officer could have pulled you over two hours later for the offense if they wanted to. The statute of limitations doesn't expire that quickly.

In order to beat this ticket, you will have to prove you were not speeding. If you were, you will be found guilty. A lawyer will not work for the amount of the fine. They will charge several hundreds of dollars.
macquaid35
 
Posts: 716
Joined: Sat Apr 02, 2011 2:02 am
Top

Taking my speeding infraction to court?

Postby slaine » Wed Jun 20, 2012 6:05 pm

i hate the cops period
slaine
 
Posts: 665
Joined: Fri Apr 01, 2011 10:48 am
Top

Taking my speeding infraction to court?

Postby janyd » Wed Jun 20, 2012 6:22 pm

You're really naive if you think you'll be able to fight a ticket in court - and the reality is that the judge will laugh you out of the courtroom while tripling your fine and making you also pay court costs for wasting their time.
janyd
 
Posts: 691
Joined: Fri Apr 01, 2011 11:35 am
Top


Return to Traffic Law

Who is online

Users browsing this forum: Google [Bot], maddox and 0 guests









Sponsored by: