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Taaffic violation

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A

ar2002

Guest
OHIO
I was pulled over for speeding 55 in 40 zone - the officer marked the Radar / Unsafe for cond. and Over limits boxes on the citation. There is no information on the ticket about making a Request for Discovery prior to the date on which I have to appear if I want to contest the ticket.
When do I have to put in the "request for discovery " if I want to see the officer's notes / radar certification reports etc? Do I HAVE to do it BEFORE I appear in court OR can I request it ON the day I appear in court? - can it be considered an evidence ?

I also had a 2nd violation- display of expired tags - Well I actually had the valid tags in the rear display as the bolts were not coming off and I could not get the old expired tags off. My front tags were the valis ones...How do I make sure this violation is dismissed and the judge believes me?
 


C

curt7974

Guest
I've read that you can go to the courhouse and file a motion to compel discovery at any time. If the requirements of the motion (the records you request) have not been provided to you by your court date, then you can ask the judge for either a dismissal (as the prosecution has not provided the materials as required by the motion) or reschedue the trial for a later date to give them more time to comply. I personally don't think they should be allowed any more time as it is their full time job, and not what we should consider an "inconvenience".

I'm curious, though, where'd you get ticketed?

Perhaps do a little research. Check with your district office of the Ohio Department of Transportation. Under Ohio Revised Code 4511.21 the local authority (city or township) must request a traffic study and engineering survey from ODOT. Then the Director of ODOT may specify a lower prima facie speed limit for the zone. Then it is up to the local authority to post the speed zone. Some times the local authorities do not get the ODOT approval. Under ORC 4511.21 those speed zones are unenforceable. I suspect most police officers do not take much time to verify the enforcability of these zones before handing out tickets. If the studies and surveys do exist, ask for copies so that you can find out if the ODOT really approved 40Mph. Maybe they approved 45Mph and someone else decided to post 40Mph. It's worth checking into and it only takes a couple of phone calls.


I'm not a lawyer or a cop, just sharing what I know.
 

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