OH - Speeding Ticket #1

[sm208]

What is the name of your state? Ohio

Hello and thanks for viewing this. Yesterday i received a speeding ticket for doing 33mph in a 20mph park zone. The ticket was $108. This morning the police officer called me and explained to me that he wrote down the ordinance wrong on the ticket and he cited me for a street violation, when he was supposed to cite me for a park violation which dropped my ticket price to $100. Being 20 my insurance is going to go through the roof. I see a lot people talking about voided tickets but none saying anything about the wrong ordinance. Anyone think I have a case?

Thank You for your time

 

[cepe10]

What is the name of your state? Ohio

Hello and thanks for viewing this. Yesterday i received a speeding ticket for doing 33mph in a 20mph park zone. The ticket was $108. This morning the police officer called me and explained to me that he wrote down the ordinance wrong on the ticket and he cited me for "a street violation, when he was supposed to cite me for a park violation which dropped my ticket price to $100. Being 20 my insurance is going to go through the roof. I see a lot people talking about voided tickets but none saying anything about the wrong ordinance. Anyone think I have a case?

Thank You for your time

There are a host of defenses in Ohio...Provide a written pleading of not guilty with no waiver of speedy trial.

The speeding ticket issued to Saphire states that he violated R.C. 4511.21 by traveling fifty-five m.p.h. in an area with a forty m.p.h. posted speed limit. Based upon our review of the statute, we conclude that he was charged with violating R.C. 4511.21(C) which states that it is prima-facie unlawful for a person to exceed any speed limitation declared by a local authority. Based upon the record in this case, it appears that such violation was a minor misdemeanor. 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.

Also attack the evidence: Oh is pretty strcit on requiring foundation for measurements and laser does not have judicial notice in much of the state if it was used...

"It is the duty of the prosecution to give all evidence in support of the issues on which it has the burden. It is the duty of the prosecution to prove all essential elements of crime beyond a reasonable doubt. I hope that we have not reached the point where we will indulge the presumption that every machine operates correctly at all times. Surely, we are not at the point where an accused must assist the state in presenting sufficient evidence to support a conviction.

The lower court should have sustained the motion for a directed verdict for the reason that there was insufficient evidence to sustain conviction. The judgment of the lower court is reversed and a final judgment is rendered for the defendant.

Judgment reversed."

Note: badapple may have better insight for you in OH