Excessive Speed in Ohio - Live in Delaware

I was caught speeding in Ohio doing 95 in a 65 by laser. Yes I was speeding and except full responsibility for it, however I was only going between 80 and 85, my truck's govenor is 98mph, according chevrolet. I plan to go to court (12hr round trip) to see if the judge will lowerit. My concenquences will be that I will have my license suspended for 2 months according to Delaware laws.

My question is will the points transfer to my record/will delaware be notified of my moving violation? Regardless I am still going to go to court and hope that the judge will have some lienancy, even if it's 1mph. I can't afford to have my license suspended for 2 months.

On a side note, I didn't have my insurance card on me and the officer said he would take my word that I have it. However since I didn't show any proof and it seemed that he was in a hurry to get my going on my way (knowing I won't come to court to contest it) he took my word and sent me on my way. If he wanted too, he could have documented that I didn't have my insurance card and then have me report to court to show proof. Should I bring that up to the judge? Seemed like he wanted to just give me my ticket and send me on my way. I'm not looking for a free ride, I have definitely learned my lesson, I just don't want to lose my license.

Any advice will greatly be appreciated. Thanks

[moburkes]

Originally Posted by RECav21

I was caught speeding in Ohio doing 95 in a 65 by laser. Yes I was speeding and except full responsibility for it, however I was only going between 80 and 85, my truck's govenor is 98mph, according chevrolet. I plan to go to court (12hr round trip) to see if the judge will lowerit. My concenquences will be that I will have my license suspended for 2 months according to Delaware laws.

My question is will the points transfer to my record/will delaware be notified of my moving violation? Regardless I am still going to go to court and hope that the judge will have some lienancy, even if it's 1mph. I can't afford to have my license suspended for 2 months.

On a side note, I didn't have my insurance card on me and the officer said he would take my word that I have it. However since I didn't show any proof and it seemed that he was in a hurry to get my going on my way (knowing I won't come to court to contest it) he took my word and sent me on my way. If he wanted too, he could have documented that I didn't have my insurance card and then have me report to court to show proof. Should I bring that up to the judge? Seemed like he wanted to just give me my ticket and send me on my way. I'm not looking for a free ride, I have definitely learned my lesson, I just don't want to lose my license.

Any advice will greatly be appreciated. Thanks

The points don't transfer, but the ticket does. Yes, DE will find out. The no insurance ticket won't HELP your case. The judge may determine that you should have received 2 tickets, instead of 1, and refuse to lower the ticket.

Originally Posted by moburkes

The points don't transfer, but the ticket does. Yes, DE will find out. The no insurance ticket won't HELP your case. The judge may determine that you should have received 2 tickets, instead of 1, and refuse to lower the ticket.

If I understand you correctly, then "in the end" my license will be suspended for the excessive speed when the ticket does transfer? I am still going to go to court and attempt to have it lowered.

[moburkes]

Originally Posted by RECav21

If I understand you correctly, then "in the end" my license will be suspended for the excessive speed when the ticket does transfer? I am still going to go to court and attempt to have it lowered.

Yes, that is correct.

[cepe10]

badapple40 posted some previous case law about OH - apparently in some/most of the juristictions - laser does not have judicial notice - and the cases where dismissed...

Originally Posted by cepe10

badapple40 posted some previous case law about OH - apparently in some/most of the juristictions - laser does not have judicial notice - and the cases where dismissed...

I don't understand what you mean by judicial notice, can you explain to me please.

[XNavyLT]

Originally Posted by RECav21

I was caught speeding in Ohio doing 95 in a 65 by laser. Yes I was speeding and except full responsibility for it, however I was only going between 80 and 85, my truck's govenor is 98mph, according chevrolet. I plan to go to court (12hr round trip) to see if the judge will lowerit. My concenquences will be that I will have my license suspended for 2 months according to Delaware laws.

My question is will the points transfer to my record/will delaware be notified of my moving violation? Regardless I am still going to go to court and hope that the judge will have some lienancy, even if it's 1mph. I can't afford to have my license suspended for 2 months.

On a side note, I didn't have my insurance card on me and the officer said he would take my word that I have it. However since I didn't show any proof and it seemed that he was in a hurry to get my going on my way (knowing I won't come to court to contest it) he took my word and sent me on my way. If he wanted too, he could have documented that I didn't have my insurance card and then have me report to court to show proof. Should I bring that up to the judge? Seemed like he wanted to just give me my ticket and send me on my way. I'm not looking for a free ride, I have definitely learned my lesson, I just don't want to lose my license.

Any advice will greatly be appreciated. Thanks

WHAT????? don't plead guilty!! Let the officer PROVE you were going that fast, and YES bring your insurance card to court.

Yes, the record (not pts) will transfer, welcome to the 90's...I mean the 00's!

He may not even show up in court, then you get a freebie, no points, no record, no rise in insurance rates.

Just show up, and let the officer prove his case, its his burden, not yours. And don't use the governor on my truck defense...never works, judges don't buy it.

Buena Suerte!

[moburkes]

Points do NOT transfer.

[smblkc]

Originally Posted by XNavyLT

WHAT????? don't plead guilty!! Let the officer PROVE you were going that fast

Depending on what the operator had said at the time of the traffic stop, he may have already professed guilt. As a former LEO (in Ohio), I had learned early on what to ask during the initial contact phase of a traffic stop to "seal the deal".

As far as judicial notice is concerned, this would be a route best handled by an atty. What might end up happening here is a continuance. More and more jurisdictions are accepting this as a legitimate method of speed detection. There is a good chance that this won't fly (but worth a shot).

Additionally, some Ohio courts have also stated that an officer's visual estimation of the alleged violator's is enough for a conviction: Cincinnati v. Dowling, State v. Harkins etc.

As far as whether the officer had marked that you had proof of insurance, look at the copy of the OUTT (the ticket) and look for a section that states something to the effect of "FR shown". See if it is marked yes or no. Regardless, have it with you.

Also, keep in mind that if you tell the judge that the officer was wrong in his reading and you were only doing 80-85 miles per hour, you just admitted guilt and lost any case whatsoever. There is also a good chance that the officer will show up, as you most likely are the only case of his there (especially if it was a sheriff or state patrol).

Originally Posted by smblkc

Depending on what the operator had said at the time of the traffic stop, he may have already professed guilt. As a former LEO (in Ohio), I had learned early on what to ask during the initial contact phase of a traffic stop to "seal the deal".

As far as judicial notice is concerned, this would be a route best handled by an atty. What might end up happening here is a continuance. More and more jurisdictions are accepting this as a legitimate method of speed detection. There is a good chance that this won't fly (but worth a shot).

Additionally, some Ohio courts have also stated that an officer's visual estimation of the alleged violator's is enough for a conviction: Cincinnati v. Dowling, State v. Harkins etc.

As far as whether the officer had marked that you had proof of insurance, look at the copy of the OUTT (the ticket) and look for a section that states something to the effect of "FR shown". See if it is marked yes or no. Regardless, have it with you.

Also, keep in mind that if you tell the judge that the officer was wrong in his reading and you were only doing 80-85 miles per hour, you just admitted guilt and lost any case whatsoever. There is also a good chance that the officer will show up, as you most likely are the only case of his there (especially if it was a sheriff or state patrol).

Yes, granted I was speeding and I was wrong, but my goal is to get it lowered even if it's 1mph. In the state of Delaware your license is suspended for 2 months for driving 30mph over. I accept guilt and wrong doing, but I wasn't going 95.

[XNavyLT]

Originally Posted by smblkc

D

Additionally, some Ohio courts have also stated that an officer's visual estimation of the alleged violator's is enough for a conviction: Cincinnati v. Dowling, State v. Harkins etc.

Now THAT'S CRAP!!! Now I know why I'll never live in OH, thanks for sealing the deal for me.

Honestly, there's a good chance the judge will lower the ticket a bit, it shows alot of integrity for a guy from DE to travel to OH to defend himself...judges will sometimes take that into consideration.

Go for it, OP....see what you can do!

[cepe10]

Here is a link to the thread where Badapple40 posted case law for a couple of the juristictions on the judicial notice of laser...

[url]http://forum.freeadvice.com/showthread.php?referrerid=246160&t=337689[/url]

"If the trooper would have showed up, I had another surprise for him.

Namely the objection and inadmissibility of his laser reading. For whatever reason, the local prosecutors refuse to have an expert come in on the laser units, so it all gets thrown out."

[url]http://www.sconet.state.oh.us/rod/newpdf/1/2006/2006-ohio-3174.pdf[/url]

[url]http://www.sconet.state.oh.us/rod/newpdf/1/2004/2004-ohio-5992.pdf[/url]


Also you have a spoeedy trial angle...again see Badapple40's post - he is more knowledgeable...

See R.C. 4511.99(D)(1)(a). R.C. 2945.71(A) requires that a person charged with a minor misdemeanor must be brought to trial within thirty days after the service of summons.

[smblkc]

Originally Posted by XNavyLT

Now THAT'S CRAP!!! Now I know why I'll never live in OH, thanks for sealing the deal for me.

Honestly, there's a good chance the judge will lower the ticket a bit, it shows alot of integrity for a guy from DE to travel to OH to defend himself...judges will sometimes take that into consideration.

Go for it, OP....see what you can do!

I agree that it is crap. Even as an LEO, I believe that there is no way to accurately the speed of a vehicle just by "eyeballing it".

Hopefully, the magistrate or judge will have some leniency. Not sure what good it will be, but worth a shot to plead a case.

One thing, however, is that Ohio law does state:

"Whoever violates any provision of sections 4511.01 to 4511.76 of the Revised Code for which no penalty otherwise is provided in the section violated is guilty of one of the following:

(A) Except as otherwise provided in division (B) or (C) of this section, a minor misdemeanor;

(B) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, a misdemeanor of the fourth degree;

(C) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more predicate motor vehicle or traffic offenses, a misdemeanor of the third degree."

Ohio Speed law is 4511.21.....

Therefore, if the defendant has any previous speed offenses within the year -even out of state- he may be screwed regardless.

I do not, I have 2 exisiting tickets that are coming off my record in july and august which means I have been clean for almost a full 3 years.

My court date is this Thursday, any more advice? Im hoping the cop won't show up, but anything I could offer the judge if the cop does show up? For example I know I can ask questions such as when was the laser gun calibrated. Thanks in advanced...