Pretty crappy if you ask me...
Pretty crappy if you ask me...
This doesn't even make sense. Why did cities and counties spend our tax dollars on radars if they don't even need them? I bet this will be just any easier way for them to raise revenue by writing tickets.
Facts of the case.
1. The driver was visually estimated traveling at 79 mph which was confirmed by the officer's radar.
2. The driver was cited for traveling 70 in a 60 mph zone.
3. The court threw out the radar reading as a passing truck may have interfered but accepted the officer's visual estimation as he was deemed an expert after voir dire.
I don't see anything crappy about it. This was pretty much a judicial slam dunk. You are being foolish if you actually feel Ohio law enforcement will abandon radar or there will be a rash of cites based on visual estimations only over this ruling.
I had a cop tell me I was going about 20 over the speed limit. I had to ask her if she would try to use that in court, I was "about" 20 over. So basically you are guessing and you think that will hold up. She had no radar on me just the naked eye. Cops need radar, I dont think a cop could really tell how much over you were going unless he was at a spot he had landmarks at and knew how long it should take you to pass them at a certain speed.
I dont think we should ever go on the best guess of an officer as to whether or not someone is speeding.
So does this mean that all tickets written before the advent should be thrown out. I have a few of those in my teens and early twenties and I want my money back!
I am 49, bald, ugly, and don't own a single cool thing. Kids like me though.
Am I getting it right? Are you being hypocritical? Please tell me why a cop is okay guessing in one situation but not the other.
I've been professionally trained at poker and I can assure you that it doesn't make me good at it....and the cards aren't even moving.
No question, this guy was in court with the wrong trial attorney.
Life's not the breaths you take, the breathing in and out that gets you through the day ain't what it's all about. It's the moments that take your breath away.
I think we need to see the actual wording of this decision.
I definitely have mixed feelings.
1. I dislike speeders rather severely.
2. I distrust some elements of law enforcement who now will be armed with this ruling (as we currently understand it).
Last Friday our local NPR station (WCPN) had their local weekly news roundup and this subject came up front and center. I was stunned that their NPR statewide bureau chief came out in favor of the court, basically arguing pm01's points above.
Fortunately a couple of callers to the station took the oppposing position and rather eloquently.
It's all well and good to assure us that there will not be "a rash of cites based on visual estimations only over this ruling". Particularly if it involves the State Highway Patrol, I have a pretty fair amount of faith in our very professional state troopers. That's not the danger.
It is that there are speed traps scattered around the state. This involves local communities, often enough, with those judical oddities called "mayor's courts", which as of yet, have not been outlawed by the state legislature (to my knowledge).
The possibility for abuse of this ruling seems to me to be very real when it involves the 25 and 35 mile per hour speed limits.
I really question the logic of stating that officers can be TRAINED to visually estimate speeds with any kind of real accuracy. What would be considered accurate? Within 5 percent? 10 percent? 20 percent?
Yes I agree that the specific case could be justly ruled in favor of the city, but it is closer calls that would be of concern. It seems that the ruling can be extended to cover them. That is worrisome.
Consider also that in many communities the fine is tied to how many MPH is excess of the speed limit is cited. In addition the amount of points accessed against a driver license by the Ohio BMV can differ depending on amount of MPH overthe speed limit in a conviction.
I repeat, we need to see the exact wording of the decision.
DSCH: a Soviet artist's reply to unjust criticism.