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 Be careful driving in Ohio, new speeding ruling

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Bojesphob
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PostSubject: Be careful driving in Ohio, new speeding ruling   Wed Jun 02, 2010 10:51 am

Be aware that officers no longer need to have proof that you were speeding. They now can "feel" or "think" you were speeding. Apparently, too many people were saying they weren't speeding, and an officer couldn't write them a ticket because there was no proof. Now, they can write as many tickets as they want and don't have to worry about the "burden of proof" required of them! How convenient!

http://news.cincinnati.com/article/20100602/NEWS010702/306020049/Officer-s-estimate-enough-for-speeding-conviction-


Quote :
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.

The Ohio Supreme Court ruled Wednesday that an officer's visual estimation of speed is enough to support a conviction if the officer is trained, certified by a training academy, and experienced in watching for speeders.

The court's 5-1 decision says independent verification of a driver's speed is not necessary.

The court upheld a lower court's ruling against a driver who challenged a speeding conviction that had been based on testimony from police officer in Copley, 25 miles south of Cleveland. The officer said it appeared to him that the man was driving too fast.

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The Madman
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PostSubject: Re: Be careful driving in Ohio, new speeding ruling   Wed Jun 02, 2010 10:59 am

What, so now thay can "Use the Force" to call you out for speeding?

have fun driving around Milford you guys Sad
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Bojesphob
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PostSubject: Re: Be careful driving in Ohio, new speeding ruling   Wed Jun 02, 2010 11:01 am

Yeah, I'm concerned about this. I'm not an excessive speeder or anything, but if the cop is having a bad day and wanting to be an @$$, he can pull you over and just make it up, and there's nothing you can do about it!

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The Madman
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PostSubject: Re: Be careful driving in Ohio, new speeding ruling   Wed Jun 02, 2010 11:15 am

Bojesphob wrote:
Yeah, I'm concerned about this. I'm not an excessive speeder or anything, but if the cop is having a bad day and wanting to be an @$$, he can pull you over and just make it up, and there's nothing you can do about it!
worse than that
communities that recieve little funding or have limited taxable resources from business.. Like Forest park, Marimont, Lincoln Heights and Indian Hill(just name a few east side ) not to mention Smaller municipalities and coverage zones (like Columbia township or Norwood ) who make their revenue via traffic stops will be horrible to traverse through!
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PostSubject: Re: Be careful driving in Ohio, new speeding ruling   Wed Jun 02, 2010 12:42 pm

Yea I grew up in the notorious Arlington Heights and a lot of their rev came from that small strip of 75 that runs through it. I drive all day for my work but I dont think this will affect me. Just dont drink and drive and you should get through ok.
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Makari
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PostSubject: Re: Be careful driving in Ohio, new speeding ruling   Wed Jun 02, 2010 12:49 pm

Oi Ve this is gonna be fun!

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The Madman
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PostSubject: Re: Be careful driving in Ohio, new speeding ruling   Wed Jun 02, 2010 2:05 pm

First
let me preface this with my sentament that this will cause issues in smaller municipalities

but upon investigation further

OK - here is the official ruling. The officer clocked the driver at 82mph in a 60. He only cited him for going 79 as a gift, because going over 20 mph is a bigger offense.


I mention the cops trying to make money - I wonder how much money it cost tax payers to take this all the way to the supreme court of Ohio??? The guy was clocked at 82, but wanted to get out of it because the cop did not bring proof to the trial???


5} At trial, Santimarino testified that he had been employed as a patrolman with the Copley Police Department for 13 years. He testified that he was certified by OPOTA and had been working in traffic enforcement since 1995. Santimarino testified that as part of his OPOTA training, he was trained to visually estimate the speed of a vehicle. In order to be certified by OPOTA, Santimarino was required to show that he could visually estimate a vehicle’s speed to within three to four miles per hour of the vehicle’s actual speed, which he did. Further, Santimarino testified that since becoming a police officer in 1995, he had performed hundreds of visual estimations. Santimarino testified that based on his training and experience, he had estimated that Jenney’s vehicle was traveling 70 miles per hour on July 3, 2008.

{¶ 6} Santimarino also testified that in addition to his training and experience in visually estimating vehicle speed, he was trained and certified to use the Python brand Doppler radar unit that he was using on July 3, 2008. Santimarino testified on direct examination that after he visually estimated the speed of Jenney’s vehicle, he observed that the radar unit indicated that Jenney’s vehicle was traveling at 82 miles per hour.

{¶ 7} Santimarino also testified that Jenney was traveling at an unreasonable speed for the conditions, given the other traffic in close proximity to his vehicle.

{¶ 8} In light of both his visual estimation and the radar reading, Santimarino initiated a traffic stop and issued Jenney a citation for traveling 79 miles per hour in a 60 mile per hour zone in violation of R.C. 4511.21. Santimarino testified that he reduced the rate of speed to 79 miles per hour to “give [Jenney] a break on the personal appearance in court,” which is required forspeeds 20 miles per hour or more over the speed limit.

{¶ 9} The trial judge found Jenney guilty of traveling over the posted speed limit. Based on Santimarino’s visual estimation, which the trial court found to be his “strongest” testimony, the court amended the citation to state that Jenney was traveling 70 miles per hour in a 60-mile-per-hour zone and imposed a $50 fine plus court costs.

Here is the link to the ruling.


http://www.sconet.state.oh.us/PIO/summaries/2010/0602/091069.asp
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Bojesphob
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PostSubject: Re: Be careful driving in Ohio, new speeding ruling   Wed Jun 02, 2010 2:34 pm

Hmmmmm, interesting. This is one reason I dislike how the AP handles stories like this. It makes it sound as if there is no recourse now for being given a ticket. The last line of that link makes it a little less ambiguous: "thus such testimony, if found not be credible, could, in some instances, be insufficient to support a conviction". So, it's testimony and not proof of wrongdoing. This point was completely left out (and I wouldn't have thought to look for the SC papers) of the newspaper story.

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The Madman
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PostSubject: Re: Be careful driving in Ohio, new speeding ruling   Wed Jun 02, 2010 3:34 pm

oh
believe me, my friends went kickingthis around all morning long...
one is a Law enforcment and security expert
the other is a teacher and me- a know speed offender...!

after a bit of harassing each other we did do a comprehensive search...

like I said, I still think on the surface it's a "BAD" thing... but knowing all the facts does make me far less aprehensive (but not much)
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PostSubject: Re: Be careful driving in Ohio, new speeding ruling   Wed Jun 02, 2010 10:48 pm

this is a joke I was doing 90ish earlier and zoomed past a hwy patrol and some sheriffs today and didn't get squat, a month ago I did 71 and got a ticket in a 65 mph zone in perfect day no1 around for miles and yet the cost of the ticket is 1 - 19 miles over the speed limit 102$$??? this should be fun it would be cheaper to out run the Ducking cop


*Edited by Makari-Please do not cuss on the forum Thank-you*
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