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Estimates OK for speeding tickets, court rules (Ohio)
AP via Dayton Daily News ^ | 06/02/2010 | Staff

Posted on 06/02/2010 4:58:07 PM PDT by OldDeckHand

COLUMBUS, Ohio — Ohio's highest court has ruled that a person may be convicted of speeding purely if it looked to a police officer that the motorist was going too fast.

(Excerpt) Read more at daytondailynews.com ...


TOPICS: Crime/Corruption; Government; Miscellaneous; US: Ohio
KEYWORDS: court; revenue; speeding; supreme
What a horrible decision this is. Of course, it has NOTHING to do with traffic safety and EVERYTHING to do with revenue to a state with budget deficits.
1 posted on 06/02/2010 4:58:07 PM PDT by OldDeckHand
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To: OldDeckHand

Coming soon to state/county/city/town near you.


2 posted on 06/02/2010 4:59:16 PM PDT by wally_bert (It's sheer elegance in its simplicity! - The Middleman)
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To: OldDeckHand

ROTFCrying. This damn ObamaNation is killing me! Are these “judges” stupid or what?


3 posted on 06/02/2010 4:59:55 PM PDT by FlingWingFlyer ("A Republic, If You Can Keep It" - Benjamin Franklin)
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To: OldDeckHand

The law has become an ass...

next up..the dept of Pre-crime...


4 posted on 06/02/2010 4:59:59 PM PDT by Crim (The Obama Doctrine : A doctrine based on complete ignorance,applied with extreme incompitence..)
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To: OldDeckHand

Based on this ruling, I have the right to get credited with full payment of taxes by paying whatever I feel is fair.


5 posted on 06/02/2010 5:01:33 PM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: OldDeckHand

So now you are guilty if the cops THINKS you did something wrong. Unbelievable.


6 posted on 06/02/2010 5:02:15 PM PDT by stillfree? (Obama: Plug the other hole.)
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To: OldDeckHand

Law: Now 100% subjective and 0% objective!

Logic is now useless.
[/cynic]


7 posted on 06/02/2010 5:02:31 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OldDeckHand
Can I estimate my fine?

/johnny

8 posted on 06/02/2010 5:05:44 PM PDT by JRandomFreeper (Gone Galt)
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To: FlingWingFlyer

Just as an FYI, the Ohio Supreme Court is made up entirely of Republicans


9 posted on 06/02/2010 5:06:07 PM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: OldDeckHand

This is how they used to give tickets before radar.


10 posted on 06/02/2010 5:08:57 PM PDT by Codeflier (Bush, Clinton, Bush, Obama - 4 democrat presidents in a row and counting...)
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To: OldDeckHand
Show me da money ! Show me da money !

Could be a good precedent, though..."Judge, he looked like an illegal, and I'm a highly trained police officer"...magritte
11 posted on 06/02/2010 5:11:52 PM PDT by magritte ("There are moments, Jeeves, when one asks oneself "Do trousers matter?")
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To: OldDeckHand; wally_bert; AT7Saluki
Coming soon to state/county/city/town near you.

Saw it in a South Carolina traffic court back in 1989. Officers are trained to detect speed by sight. If they've been certified, you don't stand a chance.

12 posted on 06/02/2010 5:15:16 PM PDT by Libloather (Tea totaler, PROUD birther, mobster, pro-lifer, anti-warmer, enemy of the state, extremist....)
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To: Bubba Ho-Tep

And the cops have calibrated eyeballs?


13 posted on 06/02/2010 5:18:14 PM PDT by FlingWingFlyer ("A Republic, If You Can Keep It" - Benjamin Franklin)
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To: stillfree?
So now you are guilty if the cops THINKS you did something wrong.

Nope. You are guilty if the cops SEE you do something wrong. Big difference.

14 posted on 06/02/2010 5:19:48 PM PDT by Libloather (Tea totaler, PROUD birther, mobster, pro-lifer, anti-warmer, enemy of the state, extremist....)
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To: OldDeckHand

It looked to me like a speed trap and they were hiding, lurking privily, ready to catch me in their invented crime....


15 posted on 06/02/2010 5:20:07 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: FlingWingFlyer
And the cops have calibrated eyeballs?

If they've been properly trained, yes.

16 posted on 06/02/2010 5:20:37 PM PDT by Libloather (Tea totaler, PROUD birther, mobster, pro-lifer, anti-warmer, enemy of the state, extremist....)
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To: Crim

>> The law has become an ass...

It always was.


17 posted on 06/02/2010 5:20:44 PM PDT by Nervous Tick (Eat more spinach! Make Green Jobs for America!)
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To: Libloather

I am an SC resident and somehow I have never heard of this. Unbelievable.


18 posted on 06/02/2010 5:24:10 PM PDT by wally_bert (It's sheer elegance in its simplicity! - The Middleman)
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To: OldDeckHand

I probably you invest in a truck monkey

http://www.youtube.com/watch?v=eL8I3-rd0jI


19 posted on 06/02/2010 5:25:59 PM PDT by rstark56
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To: rstark56

god I need to learn how to spell “you” is suppose to be should, my bad


20 posted on 06/02/2010 5:27:27 PM PDT by rstark56
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To: Libloather

I took a class on that in 1980. Radar is produces a more accurate and measurable result.

In this day and age with the electronics available, this is just an excuse to raise revenues, while lowering the bar on honesty for LEO.


21 posted on 06/02/2010 5:28:12 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: Libloather; stillfree?

Maybe he thinks he saw something. Where is the proof?


22 posted on 06/02/2010 5:29:12 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: Libloather

match that to a radar gun and see what the error rate is.

Comparatively.


23 posted on 06/02/2010 5:30:14 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: rstark56

LOL


24 posted on 06/02/2010 5:31:07 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: Libloather

‘Saw it in a South Carolina traffic court back in 1989. Officers are trained to detect speed by sight.”

I ran into a cop that tested comparing to a Radar Gun. He ran +/- 3 from 20-70 MPH.


25 posted on 06/02/2010 5:31:57 PM PDT by chooseascreennamepat
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To: ADemocratNoMore; Akron Al; arbee4bush; agrace; ATOMIC_PUNK; AdvisorB; Badeye; Bikers4Bush; ...

Ohio Pings!

To be added to the Ohio Ping List, please freepmail (works best)
both TonyRo76 and LasVegasDave.

26 posted on 06/02/2010 5:32:55 PM PDT by Las Vegas Dave (To anger a Conservative, tell him a lie. To anger a Liberal, tell him the truth.)
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To: wally_bert
I am an SC resident and somehow I have never heard of this.

Absolute vs. Presumed Speed Limits
You'll first need to find out whether your state's speeding laws involve "absolute" or "presumed" speed limits. In absolute speed limit states, you've violated the law if you drive even one mile above the posted speed limit. In presumed speed limit states, you're presumed to be breaking the law by going above the posted speed limit, and it's your burden to prove you were going at a safe speed for road and traffic conditions.

http://criminal.lawyers.com/traffic-violations/Defending-A-Speeding-Ticket.html

27 posted on 06/02/2010 5:33:46 PM PDT by Libloather (Tea totaler, PROUD birther, mobster, pro-lifer, anti-warmer, enemy of the state, extremist....)
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To: chooseascreennamepat
I ran into a cop that tested comparing to a Radar Gun. He ran +/- 3 from 20-70 MPH.

After that info came out, the judge I saw asked the perp if there was 'anything else'.

28 posted on 06/02/2010 5:37:01 PM PDT by Libloather (Tea totaler, PROUD birther, mobster, pro-lifer, anti-warmer, enemy of the state, extremist....)
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To: OneWingedShark

“Do you... “ the judge stumbled; he had not expected it to be that easy. “Do you throw yourself on the mercy of this court?”
“I do not recognize this court’s right to try me.”
“What?”
Hank Reardon repeated his statement.
“But, Mr. Reardon, this is the legally appointed court to try this particular category of crime.”
“I do not recognize my action as a crime.”
“But you have admitted that you have broken our regulations controlling the sale of your metal.”
“I do not recognize your right to control the sale of my metal.”
“Do you mean that you are refusing to obey the law?” asked the judge.
“No. I am complying with the law to the letter. Your law holds that my life, my work and my property may be disposed of without my consent. Very well, you may now dispose of me without my participation in the matter. I will not play the part of defending myself where no defense is possible, and I will not simulate the illusion of dealing with a tribunal of justice.”

“This is unprecedented,” one of the judges said.
“It is completely irregular,” said the second judge. “The law requires you to submit a plea in your own defense. Your only alternative is to state for the record that you throw yourself on the mercy of the court.”
“I do not.”
“But you have to.”
“Do you mean that what you expect from me is some sort of voluntary action?”
“Yes.”
“I volunteer nothing.”
“But the law demands that defendant’s side be represented on the record.” “Do you mean that you need my help to make this procedure legal?”
“Well, no ... yes ... that is, to complete the form.”
“I will not help you.”


29 posted on 06/02/2010 5:38:25 PM PDT by EBH (Our First Right...."it is the Right of the People to alter or to abolish it,")
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To: Vendome
Maybe he thinks he saw something. Where is the proof?

It's a TRAFFIC COP! Sheesh!

While in traffic court in SC, one perp whined and complained that she was in a pack of cars and that there was NO WAY the officer caught her going that fast.

The judge looked at her and said, "Well, sometimes when you go fishin', you only catch one fish."

I should've been arrested for cracking up in court.

30 posted on 06/02/2010 5:41:24 PM PDT by Libloather (Tea totaler, PROUD birther, mobster, pro-lifer, anti-warmer, enemy of the state, extremist....)
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To: Libloather

Guess we’ll have to ask when the last the time the road was certified and some other terrific questions.


31 posted on 06/02/2010 5:45:38 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: Vendome
Guess we’ll have to ask when the last the time the road was certified and some other terrific questions.

Be sure to ask if the police officer is certified. Also look up jurisdictions of college police. You may be surprised.

32 posted on 06/02/2010 5:50:01 PM PDT by Libloather (Tea totaler, PROUD birther, mobster, pro-lifer, anti-warmer, enemy of the state, extremist....)
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To: Libloather

I have heard that one as well but, they never seem to describe the traffic conditions.

I was ticketed for doing 30mph, backwards in a parking lot.

LOL

The Asst. DA looked familiar and so I posed the question “I don’t know if you have ever been to that bar but, does it seem possible given the width and length of the aisles, how busy it it at that time of night and a police man nearly behind you, that could be possible? Not probable but, even possible?”.

She admitted she knew the bar and she didn’t believe it was possible. I didn’t either and I wan not happy with the officer.

She wanted to know how far I would press it. I said all they way.

She asked if I had parked illegally there and if that would be satisfactory.

I asked if it would save everyone time and not cost to much, sure.

She asked if I could pay the $10 fine today to resolve it and I said no problem.

So the moral of the story is there are stastics and damn lies and that officer was flat out lying and was not one bit happy about it.

But in the interest of time and money, we came to an equitable agreement.

Funny thing is the cop tried to pull me over for speeding in the same parking lot a month later.

I was just sitting there and informed the officer I would supenea the tape from the three cameras I could see and “let’s see how it goes”.

He left saying “Watch yourself”.

I got back in my car and waited for the cars in front of me to move.


33 posted on 06/02/2010 5:55:38 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: OldDeckHand

Why convict with evidence? That is so 20th Century....


34 posted on 06/02/2010 5:57:18 PM PDT by The Toad
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To: OldDeckHand

Son, you looked like you were doin’ about 80 in the 25mph zone. Fork over the cash!

Highway robbery at its finest!


35 posted on 06/02/2010 5:57:29 PM PDT by Jack Hydrazine (It's the end of the world as we know it and I feel fine!)
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To: Libloather

Sure no problem.

I hang with cops and studied to become one after four years of being a Sheriff Explorer.

Decided to do other things like build a business but great experience.


36 posted on 06/02/2010 5:59:15 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: FlingWingFlyer

>And the cops have calibrated eyeballs?<

I hope I don;t get stepped on here, but in fact many are “certified speed experts”.
In NYS when you are given a ticket with the use of RADAR, the ticket is written on the officers observation and checked with RADAR for accuracy +/- 5 mph.

Every officer who is a certified RADAR operator in NYS has to go through a course which takes days. part of the final exam is that they go on the streets and estimate speeds. The instructor verifies their estimates visually and by the use of RADAR himself. If they can not estimate speeds within 5 MPH you can not pass the course.

Please ppl, don’t jump on me, I am just explaining how it has worked for 25 years now.


37 posted on 06/02/2010 6:04:24 PM PDT by Munz (All tyranny needs to gain a foothold is for people of good conscience to remain silent.)
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To: wally_bert

I think in Santee, they ticket you just because they feel like it.


38 posted on 06/02/2010 6:18:10 PM PDT by RightFighter (So this is how liberty dies - with thunderous applause!)
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To: Munz

When I got certified for radar I had to go through the same course, you had to be able to tell the speed of a vehicle within 5 mph or you didn’t pass.

That being said, I’m against this.


39 posted on 06/02/2010 6:20:22 PM PDT by Cap'n Crunch (Rush Limbaugh, the Winston Churchill of our time)
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To: EBH

A bit of inspiration for the future?


40 posted on 06/02/2010 6:21:14 PM PDT by wally_bert (It's sheer elegance in its simplicity! - The Middleman)
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To: RightFighter
Naaaw the same sheriffs in Lemon Grove are Much Worser
41 posted on 06/02/2010 6:37:14 PM PDT by Foolsgold (L I B Lacking in Brains)
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To: OldDeckHand

WTF?...I just got my 1st ticket in 10 years doing 82 in a 65 on the Ohio turnpike near Lordstown...(Newton Falls). Cost = $195.00

I will not be spending any money there of mine for a while...they have enough already. I wonder if mine was estimated?


42 posted on 06/02/2010 7:08:05 PM PDT by oust the louse (Just when you think they can't get any more stupid the Dems trip all over themselves and do so.)
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To: Codeflier
This is how they used to give tickets before radar.

Well I guess it’s ok then.

It’s pre technology.

43 posted on 06/02/2010 7:08:19 PM PDT by Pontiac
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To: oust the louse

Go around, not through, Northfield Center!


44 posted on 06/03/2010 4:56:46 AM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: OldDeckHand

Columbus Ohio is a moonbat hyperbolic feverswamp.


45 posted on 06/03/2010 12:04:42 PM PDT by Wildbill22
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To: OldDeckHand

Visual observation has been a means of convicting a person for speeding in New York State (and many other states) for at least the last thirty years. The prosecution still has to prove beyond a reasonable doubt that the defendant was speeding and to do so, the ticketing police office must be trained and certified in visual estimates. The usual situation occurs when a LEO is driving 30 mph over the speed limit while talking on his cell phone and eating a donut, and some pimply-faced teenager goes flying by in daddy’s brand new BMW. The cop may not know that exact speed of the BMW, but he knows it was going faster than he was, and from that he can estimate the speed and write the ticket.


46 posted on 06/03/2010 12:21:20 PM PDT by Labyrinthos
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