Look out anyone in Ohio or driving through it...if officer says - FMVperformance.com : The site for all your Ford Mazda and Volvo needs
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post #1 of 32 (permalink) Old 06-02-2010, 12:07 PM Thread Starter
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Look out anyone in Ohio or driving through it...if officer says

you were speeding, thats all it takes to get convicted now. :x

http://www.cleveland.com/open/index....l_estimat.html

Quote:
Police officer's visual estimate of speed is enough for a conviction, Ohio Supreme Court rules
By Reginald Fields, The Plain Dealer
June 02, 2010, 11:03AM

The Ohio Supreme Court today ruled 5-1 that a police officer's visual estimate of speed is enough to convict a motorist of speeding, as long as the officer is trained and certified by the Ohio Peace Officer Training Academy or a similar organization, and has experience in visually estimating speed.

The court upheld the 2008 conviction of motorist Mark Jenney, who was stopped by Copley police officer Christopher R. Santimarino for speeding in a 60 mph zone on Ohio 21.

"Rational triers of fact could find a police officer's testimony regarding his unaided visual estimation of a vehicle's speed, when supported by evidence that the officer is trained, certified by OPOTA or a similar organization, and experienced in making such estimations, sufficient to establish beyond a reasonable doubt the defendant's speed. Independent verification of the vehicle's speed is not necessary to support a conviction for speeding," Justice Maureen O'Connor wrote for the majority.

Justice Terrence O'Donnell dissented, saying, "I do not agree that such testimony per se is sufficient evidence to support a conviction for speeding. Like any other witness, a police officer's credibility is to be determined by the jury or other fact finder."
It makes me wonder if this also affects getting points on your license. So if a cop says you are doing 10 over even if you werent then bam..points
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post #2 of 32 (permalink) Old 06-02-2010, 12:16 PM
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Re: Look out anyone in Ohio or driving through it...if officer says

That's been the accepted legal precedent in most states for years, nothing new.
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post #3 of 32 (permalink) Old 06-02-2010, 12:19 PM Thread Starter
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Re: Look out anyone in Ohio or driving through it...if officer says

[quote author=fatabbot link=topic=173915.msg3681015#msg3681015 date=1275495363]
That's been the accepted legal precedent in most states for years, nothing new.
[/quote]

serious? hmmm did not know that. always thought they needed to provide some sort of proof such radar gun certification/documentation.

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post #4 of 32 (permalink) Old 06-02-2010, 12:20 PM
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Re: Look out anyone in Ohio or driving through it...if officer says

[quote author=fatabbot link=topic=173915.msg3681015#msg3681015 date=1275495363]
That's been the accepted legal precedent in most states for years, nothing new.

[/quote]

Srsly? That's fucked up.



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post #5 of 32 (permalink) Old 06-02-2010, 12:22 PM
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Re: Look out anyone in Ohio or driving through it...if officer says

[quote author=Rocketeer link=topic=173915.msg3681016#msg3681016 date=1275495569]
[quote author=fatabbot link=topic=173915.msg3681015#msg3681015 date=1275495363]
That's been the accepted legal precedent in most states for years, nothing new.
[/quote]

serious? hmmm did not know that. always thought they needed to provide some sort of proof such radar gun certification/documentation.
[/quote]

Well, it probably depends on the state, can't say that it's universal.

LOL, I remember studying a case in my law analysis class in 7th grade (i.e. almost 20 years ago) that dealt with this. I believe it was here locally, but the outcome of the appeal was the same (that a cop's judgment/perception of your speed can be used as evidence).
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post #6 of 32 (permalink) Old 06-02-2010, 12:25 PM
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Re: Look out anyone in Ohio or driving through it...if officer says

I just know I've read about speeding tickets being thrown out in MI due to the officer not being trained recently enough on the operation of his radar gun, or the gun not being calibrated.



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post #7 of 32 (permalink) Old 06-02-2010, 12:38 PM
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Re: Look out anyone in Ohio or driving through it...if officer says

[quote author=halo0 link=topic=173915.msg3681027#msg3681027 date=1275495955]
I just know I've read about speeding tickets being thrown out in MI due to the officer not being trained recently enough on the operation of his radar gun, or the gun not being calibrated.
[/quote]

Well, the officer's credibility is still up for debate. It's not an automatic conviction, just that most courts allow the officer's estimates as evidence.
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post #8 of 32 (permalink) Old 06-02-2010, 12:40 PM
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Re: Look out anyone in Ohio or driving through it...if officer says

[quote author=fatabbot link=topic=173915.msg3681046#msg3681046 date=1275496725]
[quote author=halo0 link=topic=173915.msg3681027#msg3681027 date=1275495955]
I just know I've read about speeding tickets being thrown out in MI due to the officer not being trained recently enough on the operation of his radar gun, or the gun not being calibrated.
[/quote]

Well, the officer's credibility is still up for debate. It's not an automatic conviction, just that most courts allow the officer's estimates as evidence.
[/quote]

which is still BS in and of itself....

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post #9 of 32 (permalink) Old 06-02-2010, 12:41 PM
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Re: Look out anyone in Ohio or driving through it...if officer says

[quote author=thejeans link=topic=173915.msg3681047#msg3681047 date=1275496812]
[quote author=fatabbot link=topic=173915.msg3681046#msg3681046 date=1275496725]
[quote author=halo0 link=topic=173915.msg3681027#msg3681027 date=1275495955]
I just know I've read about speeding tickets being thrown out in MI due to the officer not being trained recently enough on the operation of his radar gun, or the gun not being calibrated.
[/quote]

Well, the officer's credibility is still up for debate. It's not an automatic conviction, just that most courts allow the officer's estimates as evidence.
[/quote]

which is still BS in and of itself....
[/quote]

Don't necessarily disagree, especially for minor (15 over the limit or less) violations.
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post #10 of 32 (permalink) Old 06-02-2010, 01:22 PM
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Re: Look out anyone in Ohio or driving through it...if officer says

Yeah it would have to be excessive. I can't see how 5mph over could ever be judged by eyesight.
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