theSHUTTERdown
Junior Member
What is the name of your state (only U.S. law)?
OHIO
The Entire Incident is as follows; I was Driving on McCarty Lane at 7:28 A.M. when I was stopped by a Sheriff for not using my headlights,
The Officer came to my Passenger window and asked if I was going to roll down the window, before I had a chance to react he swung my Car Door Open without permission and stick his head in the vehicle.
The Officer said to me "Why are your headlights off?" I Asked why he had pulled me over, He was Very Non-Compliant to my Questions. He then asked for my License(Which I did not Have.), He asked me then to step out of the car and to empty my pockets, and he was going to search me. He asked me if I had needles on me, I said no. He then Asked if I was drinking. I said No at first, but then fessed up and said I had drink Two Beers. We both came to an agreement that The BAC I had was Legal.
I was not acting belligerent with the officer but only speaking in a professional and respectful manner the whole time. He asked why I was driving, I told him to get my Son formula and he asked why I stopped at a local restaurant, I said I was hungry.
After he searched me, He put me in hand-cuffs and put me in the back of his Car. He then started searching through my car without my permission and I just watched him, and I had no way to tell him no, nor did He ask to search my Car.
Finally on the way Back to the Station, I asked again if I was under arrest, and He said No. He would not allow me to leave, nor did He ask me any more questions, he told me to sit down and Shut-Up.
I Obliged the officers command.
So I was taken to the station, *NOT BEING UNDER ARREST*, and I called my Sister to Come get me. and was waiting for some kind of response, I intercomed the officers, that if I wasn't under arrest, why could I not leave, the officer said at first I was under arrest, then he said he was just waiting on the officer to issue me tickets. Finally after about 30-40 minutes of waiting, another officer comes and releases me.
(Ohio Revised Code) Pulled over for Not using my headlights at dawn*So it may seem* , Issued a citation: 4153.04(Headlights). Further Resulted in another citation, failure to reinstate license: 4510.21. So Ohio Revised code 4513.04 States A Few Questions;
**Note: OHR 4513.04 states; (A) Every motor vehicle, other than a motorcycle, and every trackless trolley shall be equipped with at least two headlights with at least one near each side of the front of the motor vehicle or trackless trolley.
Every motorcycle shall be equipped with at least one and not more than two headlights.
(B) Whoever violates this section is guilty of a minor misdemeanor.
**************************
It would seem that instead of issuing me a citation for 4513.04, that 4513.03 would be more appropriate, right?
1. If I was Cited for 4513.04, which does not mention 4513.03, can I be cited for 4513.03 when I explain to them the mistake they made, in court. Because My car is in Compliance with 4513.04 but at the time was no mention of 4513.03.
2. If I provide evidence to the court that my Car has *Head Lights*, will 4513.04 be dismissed?
3. If "Question 1" Fails, the time was 7:28 and according to my research, the visibility at the time, was twilight, which is legal to have headlights off.
4. If I sucsessfully contest the Original citation for the reason being pulled over, will any other citation be dismissed for the incident at hand?
5. What are my chances of successfully contesting the two citations?
6. Did the Officer have Any right to Detain me?
7. Did the Officer have Any right to search my car?
8. Did the Officer have Any right to enter my car without Permission?
9. What Kind of Penalties could I face for these things if I plead not Guilty, but am found guilty?
10. Is there anything else I should do to prepare for my Courtcase in 10 days?
OHIO
The Entire Incident is as follows; I was Driving on McCarty Lane at 7:28 A.M. when I was stopped by a Sheriff for not using my headlights,
The Officer came to my Passenger window and asked if I was going to roll down the window, before I had a chance to react he swung my Car Door Open without permission and stick his head in the vehicle.
The Officer said to me "Why are your headlights off?" I Asked why he had pulled me over, He was Very Non-Compliant to my Questions. He then asked for my License(Which I did not Have.), He asked me then to step out of the car and to empty my pockets, and he was going to search me. He asked me if I had needles on me, I said no. He then Asked if I was drinking. I said No at first, but then fessed up and said I had drink Two Beers. We both came to an agreement that The BAC I had was Legal.
I was not acting belligerent with the officer but only speaking in a professional and respectful manner the whole time. He asked why I was driving, I told him to get my Son formula and he asked why I stopped at a local restaurant, I said I was hungry.
After he searched me, He put me in hand-cuffs and put me in the back of his Car. He then started searching through my car without my permission and I just watched him, and I had no way to tell him no, nor did He ask to search my Car.
Finally on the way Back to the Station, I asked again if I was under arrest, and He said No. He would not allow me to leave, nor did He ask me any more questions, he told me to sit down and Shut-Up.
I Obliged the officers command.
So I was taken to the station, *NOT BEING UNDER ARREST*, and I called my Sister to Come get me. and was waiting for some kind of response, I intercomed the officers, that if I wasn't under arrest, why could I not leave, the officer said at first I was under arrest, then he said he was just waiting on the officer to issue me tickets. Finally after about 30-40 minutes of waiting, another officer comes and releases me.
(Ohio Revised Code) Pulled over for Not using my headlights at dawn*So it may seem* , Issued a citation: 4153.04(Headlights). Further Resulted in another citation, failure to reinstate license: 4510.21. So Ohio Revised code 4513.04 States A Few Questions;
**Note: OHR 4513.04 states; (A) Every motor vehicle, other than a motorcycle, and every trackless trolley shall be equipped with at least two headlights with at least one near each side of the front of the motor vehicle or trackless trolley.
Every motorcycle shall be equipped with at least one and not more than two headlights.
(B) Whoever violates this section is guilty of a minor misdemeanor.
**************************
It would seem that instead of issuing me a citation for 4513.04, that 4513.03 would be more appropriate, right?
1. If I was Cited for 4513.04, which does not mention 4513.03, can I be cited for 4513.03 when I explain to them the mistake they made, in court. Because My car is in Compliance with 4513.04 but at the time was no mention of 4513.03.
2. If I provide evidence to the court that my Car has *Head Lights*, will 4513.04 be dismissed?
3. If "Question 1" Fails, the time was 7:28 and according to my research, the visibility at the time, was twilight, which is legal to have headlights off.
4. If I sucsessfully contest the Original citation for the reason being pulled over, will any other citation be dismissed for the incident at hand?
5. What are my chances of successfully contesting the two citations?
6. Did the Officer have Any right to Detain me?
7. Did the Officer have Any right to search my car?
8. Did the Officer have Any right to enter my car without Permission?
9. What Kind of Penalties could I face for these things if I plead not Guilty, but am found guilty?
10. Is there anything else I should do to prepare for my Courtcase in 10 days?