Speeding/Pulled over/Officer Requirements/Citizen's rights

[mace487]

What is the name of your state (only U.S. law)? Ohio

Let me first say i'm sorry about the length of this. I just want to provide as much detail as possible. I was recently caught speeding at 1 in the morning. My headlight switch was not working correctly. You had to mess with it and position it in just the right spot in order to get the dash lights to work, as well as the headlights to work. The problem has been fixed, but whilst it was broken i was pulled over for speeding at 79 in a 65 (14 over) down the interstate. This morning i plead not guilty, however i'm wondering if i should have plead no contest instead...

Also, the cop who pulled me over clocked me without any lights on. Isn't this illegal? and if so does anyone know where i can find the law that states this?

Another thing was the cop did not follow me for a very long distance (less than a tenth of a mile) and he pulled me over while he was in the lane parallel to mine. I believe this is also illegal.

He also wrote my court summons wrong. My birthdate is incorrect, as well as how many doors my car has. I knew that i couldn't get out of a ticket with this, but i believe this could come into relevance to prove against the officer's testimony if he testifies that he wrote everything down on the summons to the best of his ability and if he also testifies that he pulled me over lawfully, and then i show the magestrate that he made a few mistakes which will prove him to have made a few mistakes... As long as he did something illegal then this shouldn't be a problem, but i can't find any laws that state this... so i'm wondering whether or not i made a huge mistake by pleading not guilty today. Any advice would be great Thanx in advance

 

[Zigner]

I am curious - what was your defense again? Nothing you have listed is a valid defense.

 

[mace487]

I don't think that i should get a speeding ticket, i should get a ticket for the malfunctioning of my lightswitch instead... but i got nervous in the courtroom and choked so i plead not guilty as opposed to no contest... stupid mistake on my part... (very stupid)

So those are statutes as opposed to laws then i presume? Well this sucks... now i just have to hope that the officer doesn't show up to the court date... Should i try to get an extension? And try to get documentation on how long it's been since the radar gun has been calibrated? So a radar gun alone will hold up in court then? I honestly don't think that i was going 79 tho (granted i have no real way of knowing) but i was keeping up with the traffic in front of me. I'm not saying i was getting picked on (I know this isn't the case)... The probability of me getting pulled over was just as high as each of theirs and unfortunately i was the one who got pulled over...

 

[mace487]

it happens... and i'm not saying i didn't have the right to be pulled over... i was just wondering if any of those were actually laws that i could use in a courtroom... and i thought that since i could prove the malfunctioning of my lightswitch in court that the case might actually hold water...

So in your opinion what should i do?

 

[Zigner]

I don't think that i should get a speeding ticket, i should get a ticket for the malfunctioning of my lightswitch instead... but i got nervous in the courtroom and choked so i plead not guilty as opposed to no contest...

But...you WERE speeding. So, based on the fact that you were operating a vehicle with a known-fault, why shouldn't you get a ticket for speeding?

As for the "not guilty" as opposed to "no contest"...no contest IS a guilty plea in this case.

 

[mace487]

Just out of curiosity have you ever gotten a speeding ticket before? This is my first one. And wouldn't you want someone to cut you a little bit of slack if it was your first ticket in the 4 years you've had your license? Some drug offendors get off of their charges because of unlawful searches and seizures, some husbands get away with beating their wives, i don't think i'm doing anything near that severe. All i'm asking is if my case holds any water because i was always told that those were state laws but i wasn't sure... i thought i would ask to see instead of going into a courtroom and making a fool outta myself... I don't really think there's any harm in that, do you? Obviously you must have some sort of problem with it, otherwise the condescending implications wouldn't be written between the lines of everything you post. So can you PLEASE explain to me what i did to earn your disrespect?

 

[Zigner]

Just out of curiosity have you ever gotten a speeding ticket before? This is my first one. And wouldn't you want someone to cut you a little bit of slack if it was your first ticket in the 4 years you've had your license? Some drug offendors get off of their charges because of unlawful searches and seizures, some husbands get away with beating their wives, i don't think i'm doing anything near that severe. All i'm asking is if my case holds any water because i was always told that those were state laws but i wasn't sure... i thought i would ask to see instead of going into a courtroom and making a fool outta myself... I don't really think there's any harm in that, do you? Obviously you must have some sort of problem with it, otherwise the condescending implications wouldn't be written between the lines of everything you post. So can you PLEASE explain to me what i did to earn your disrespect?

There was no disrespect. It is clear why you had problems in the court-room.

I've received two tickets in my life. One was 22 years ago, while I was driving my mother to the hospital and my mother was having an asthma attack. Officer says I ran the red, I contend it was yellow. Took traffic school and had it wiped from my record.

Second was about 2 years later. Got a SPEEDING ticket for 70 in a 55. I was caught dead-to-rights. I *was* going with the flow of traffic, but that made me no less guilty.

Ironically, that same section of freeway was bumped to 70 mph when the Feds lifted the 55 mph limit many years ago.

Now, again, why does your operation of a vehicle with a known defect somehow relieve you from your responsibility to follow the laws?

 

[mace487]

and neither of those times you wanted anyone to cut you a little slack?

 

[Zigner]

and neither of those times you wanted anyone to cut you a little slack?

The first one - sure. I am, to this day, convinced that I didn't commit the violation that I was cited with. But, whatchya gonna do?

The second one - As I said, I was caught dead-to-rights. Sure, it would have been nice to have been cut some slack. But, even at that young age, I understood that nobody was under any obligation to cut me ANY slack...regardless of my excuses.

 

[HighwayMan]

The officer didn't do anything illegal based upon your description. You just seem upset that you got a ticket.

What you are saying is no defense nor is it a legal justification for exceeding the posted speed limit.

You are not entitled to a "little slack". Your past driving record has no bearing on whether the officer writes you a ticket or not, just as it should have no bearing on whether you are found guilty or not guilty at trial.

I'm not sure what other advice you are looking for.

 

[cyjeff]

Let me try.

I know it is your first widdle ticket.

That doesn't mean you don't have to keep your car working according to current law. That doesn't mean you don't have to obey traffic law.

The RIGHT thing to have done would have been to pull over when you couldn't read your dashboard.

The WRONG thing to do is play the "it's my first time so please be gentle" card.