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Speeding ticket in Ohio..NO WAY was i speeding.

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timmah

Junior Member
What is the name of your state? Ohio

My 3 friends and I were driving around last night on the way to get some food. I was pulled over and the cop comes up to my car, I ask him whats the problem and he tells me it smells like marijuana in my car. I protest and tell him no one has ever smoked in my car and no one has even smoked a cigarette today. After the cop takes my license and insurance back to his car he comes back 20 minutes later, after 3 other cop's came to the scene. He gves me a ticket for speeding...im thinking to myself..what the hell, he pulls me over and tells me my car smells like weed...and then writes me a ticket for going 57 in 35 after talking with his cop buddies for 20 minutes? No way in hell was I going that fast...there was a car in front of me and I was keeping up with it. I had asked the officer for his radar guns calibration record...which i THOUGHT it was the law for him to show them to me. He simply told me that it was calibrated? This cop was a dick, im sorry but i plan on fighting this ticket to its death. What options do I have to get this dismissed?

The cop supposedly radared me while i was going down a hill. He was going up the hill at about ~30 mph. His windows were closed and the cop was just a dick to me. Honestly there is no way i was going 57mph..my friends in the car even agree that i couldnt have been going that fast. I feel that the cop pulled me over cuz i had 4 ppl in the car, when i called him out on the Marijuana thing he got mad and gave me this bull**** ticket.

Tommorow I plan on going to the Police Station and getting calibration records for the officers radar guns.

also i handed the officer a Fraternal Order of Police Card, my uncle had given me. The officer told me that since my name was not on it, he could keep it. what the ****, he stole my ****....thats illegal isnt it..he cant just take my property.

Any other help would be GREATLY appreciated.
 
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Godzilla

Junior Member
timmah said:
What is the name of your state? Ohio


also i handed the officer a Fraternal Order of Police Card, my uncle had given me. The officer told me that since my name was not on it, he could keep it. what the ****, he stole my ****....thats illegal isnt it..he cant just take my property.

I like this part. I thought it was hilarious!

I once handed Michael Eisner my uncle's Disneyland Card, and he took it from me!

Both stories are a crock of crap.
 

timmah

Junior Member
Godzilla said:
I like this part. I thought it was hilarious!

I once handed Michael Eisner my uncle's Disneyland Card, and he took it from me!

Both stories are a crock of crap.

so what are you saying? The officer kept my card. I wouldnt have said it if it wasnt true.
 

Godzilla

Junior Member
timmah said:
so what are you saying? The officer kept my card. I wouldnt have said it if it wasnt true.

It wasn't "your" card (which is meaningless, by the way). It belonged to your uncle, and I'm sure the cop said he would return it to him.

Please, keep your righteous and indignant attitude for the judge. Judges love to see people yell and pound on tables in their courtrooms.

You're as guilty as sin.
 

The Occultist

Senior Member
The way you worded your story, you made it sound like he pulled you over BECAUSE your car smelled like marijuana, but instead gave you a speeding ticket. Obviously, speeding was the reason he pulled you over in the first place. Most radar guns to have settings to accommodate for an oncoming vehicle. Officers do NOT have to show you neither the radar gun nor any calibration records during the stop, and most will not. If you want them, you can request them through discovery in court.

Just because your friends agree you were going the speed limit doesn't mean you were. Very rarely is a friend going to say, "You know what, I think you're wrong buddy and you need to listen to the nice policeman outisde your window." Yes, I'm sure your friends are gonna be more than willing to stand up for you in court, but it really means nothing.

And for somebody who didn't smoke the marijuana, that smell is quite detectable for a LONG time afterwards.
 

moburkes

Senior Member
The Occultist said:
The way you worded your story, you made it sound like he pulled you over BECAUSE your car smelled like marijuana, but instead gave you a speeding ticket. Obviously, speeding was the reason he pulled you over in the first place. Most radar guns to have settings to accommodate for an oncoming vehicle. Officers do NOT have to show you neither the radar gun nor any calibration records during the stop, and most will not. If you want them, you can request them through discovery in court.

Just because your friends agree you were going the speed limit doesn't mean you were. Very rarely is a friend going to say, "You know what, I think you're wrong buddy and you need to listen to the nice policeman outisde your window." Yes, I'm sure your friends are gonna be more than willing to stand up for you in court, but it really means nothing.

And for somebody who didn't smoke the marijuana, that smell is quite detectable for a LONG time afterwards.
Really LONG!
 

sukharev

Member
Learn what you are dealing with first, save attitude to the beer with friends. The cop was just doing his job, which includes asking you about any suspecious smells in your car. Just FYI, many of the regular posters here are police officers, and they would give you a good advice and straight answer, as long as you respect police and come across as honest.

If you really think you are not guilty, read on the web about the speeding tickets and how to fight them. Go to library and get a book (I mean it).

To request any record from the government, you have to use one of two formal processes: 1) discovery request, 2) Freedom of Information Act request. Both are done in writing, not by showing up at police station without appointment. If you go to police station tomorrow, expect a quick answer that they don't have the records there, and don't know where the records are.
 

timmah

Junior Member
sukharev said:
Learn what you are dealing with first, save attitude to the beer with friends. The cop was just doing his job, which includes asking you about any suspecious smells in your car. Just FYI, many of the regular posters here are police officers, and they would give you a good advice and straight answer, as long as you respect police and come across as honest.

If you really think you are not guilty, read on the web about the speeding tickets and how to fight them. Go to library and get a book (I mean it).

To request any record from the government, you have to use one of two formal processes: 1) discovery request, 2) Freedom of Information Act request. Both are done in writing, not by showing up at police station without appointment. If you go to police station tomorrow, expect a quick answer that they don't have the records there, and don't know where the records are.
I respect cops and what they are doing, I think its a little odd when 4 people honestly know I was not going that fast and i get a ticket for it. I have no reason to lie to anyone i came here to get help not make up some bull**** story.

I was going the pace of traffic, meaning every other car would have been doing 57mph to which isnt possible. Can i use that in court, that i was going with the flow of traffic.
 

Zigner

Senior Member, Non-Attorney
timmah said:
I was going the pace of traffic, meaning every other car would have been doing 57mph to which isnt possible. Can i use that in court, that i was going with the flow of traffic.
I don't see why it's not possible that EVERYONE was going 57. You just happened to be the one that got stopped.
 

sukharev

Member
You are dealing with the law. If you can find the law that states you can break the other laws when everybody around is doing it, then sure, use it in court. Would be good defense for looting, too :rolleyes:

Seriously, though, listen to what the replies have said: your friends would not be good judges of your speed. Following flow of traffic is not a good defense either - nobody forced you to do that. If you were not speeding, officer would have stopped somebody else.

Once again, look up the workable defense strategies and if you think you can use one of them, go ahead and ask more questions. I will try to help, as long as you listen and understand.
 

averad

Member
I am surprised that the police officer wouldn't take the word of your friends. Its not like they have any loyalty to either party involved.... :rolleyes:
 

mykoleary

Member
averad said:
I am surprised that the police officer wouldn't take the word of your friends. Its not like they have any loyalty to either party involved.... :rolleyes:
They'd have just pulled out their grandparents AARP cards to try to impress the cop...
 

CdwJava

Senior Member
timmah said:
I respect cops and what they are doing, I think its a little odd when 4 people honestly know I was not going that fast and i get a ticket for it. I have no reason to lie to anyone i came here to get help not make up some bull**** story.
I seriously doubt that all four of your pals were staring at the speedometer ... in fact, it's very unlikely that ANY of them were doing so until the cop activated his lights.

I was going the pace of traffic, meaning every other car would have been doing 57mph to which isnt possible. Can i use that in court, that i was going with the flow of traffic.
Going "the pace of traffic" is not a defense. It just means that they could have pulled over anyone and you just got lucky.

- Carl
 

CdwJava

Senior Member
timmah said:
also i handed the officer a Fraternal Order of Police Card, my uncle had given me.
What IS the story behind these things! I read about them in some places in the midwest and on the east coast (FOP, PBA, etc.) and they seem to be used as "get out of trouble" cards somehow.

What's up with that?

It seems to me to be a form of corruption if it is meant to be used in such a way.

Fortunately, these things don't seem to be used out here. Though a lot of crooks try to name-drop and say they are working for officer so-and-so ... usually they are just told, "Good - then you jknow someone to call for bail."

- Carl
 

weenor

Senior Member
CdwJava said:
What IS the story behind these things! I read about them in some places in the midwest and on the east coast (FOP, PBA, etc.) and they seem to be used as "get out of trouble" cards somehow.

What's up with that?

It seems to me to be a form of corruption if it is meant to be used in such a way.

Fortunately, these things don't seem to be used out here. Though a lot of crooks try to name-drop and say they are working for officer so-and-so ... usually they are just told, "Good - then you jknow someone to call for bail."

- Carl

At least in the Southeast, the police and fire departments get a lot of their equipment through private donation. When someone pledges money that person gets a sticker or a card showing a donation is made. I lot of folks feel that if they give a donation, the police will "help them out". I personnally don't believe it, but I guess you never. If the stupid state government would make sure that our departments are properly funded, the perception would not exist.
 

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