Ticket issued next day in Ohio

[Kitty A]

Ohio. I was driving west bound toward an over pass with three other cars. An officer was east bound coming over the over pass. The officer passed us and turned on the reds. I alone pulled to the side and was passed by the officer with no motion or acknowledgement from him that I did anything wrong. I wasn't speeding. The officer then stopped one of the other cars on the other side of the bridge and I turned onto the highway to go home. The next day the officer comes to my school and hands me a ticket for 60 in a 50 mph zone. Can he do that? He says he had my license number that day but I really think the officer went to the school parking lot to look for my car and get the license then. I was informed that the officer was waiting until I passed the other stopped car to wave me over. He supposedly asked the juvenile in the stopped car who I was.

 

[plifter]

Take this one to court! I'm assuming he ticketed the driver that he stopped for speeding. Bring this up in court and ask him how he could track the speed of two vehicles simultaneously with his radar.

 

[Kitty A]

Yes, the other driver was cited also for 60 in a 50 mph zone but he had passed around me (this is a four lane approaching the bridge area only) along with another driver. The officer had to have gotten the two other cars because they were PASSING me. The prosecutor didn't want to take it to court when we spoke at the pre-trial hearing. The officer is pressing the issue and wants to go ahead with the court hearing. I don't understand this? I need to know if there is a code that says he can't loose sight of me or that he can't ticket me the next day! I've had other people tell me there is a section of the Ohio Revised Code that addresses this. I can't find anything but there is a lot of code to look at.

 

[plifter]

I'm not a lawyer so I'm not sure about any codes prohibiting the officer from issuing a late ticket. If the prosecutor doesn't want to go to court then that means they have no case against you. If it does end up going to trial you will likely win. The simple fact that the officer cited another vehicle at the same time means that he could not have clocked you on radar. Radar cannot be "aimed" at a particular vehicle so the officer could not possible know he was clocking you (especially if you were being passed)

Also, the prosecutor may try to get you to plea bargain. If you take this route make sure that the plea bargain does not cause you to get any points on your license (I personally would accept nothing but a full acquittal if this happened to me) .

 

[davelu99]

Unfortunately, in most states, the officer can issue a citation "as soon as resonably pratical." This means that if he was busy with one person, saw you do something illegal, like speeding, and knew where to find you later, he can issue the citation later. I would just pay up. 60 in a 50 can't be that much. Besides, no one should really complain about a traffic ticket. Think of how many times you have been speeding and WEREN'T caught. You get away with it far more than you get caught.

 

[Kitty A]

I happen to be 17. The judge here will take your license for 30 days on a first offense. There goes a third of my summer and walking to work in the rain. I wouldn't mind it if I WERE speeding. I could just chock it up to bad judgement or being careless. This isn't the case. I had two cars pass me and the officer picks out ME? I'm in a stick and 2/10th of a mile from a dead stop. Believe me I'm no speed shifter. The automatic guys passed me not wanting to wait on my rear. Courts tomorrow. Wish me luck.

 

[plifter]

Unfortunately, in most states, the officer can issue a citation "as soon as resonably pratical." This means that if he was busy with one person, saw you do something illegal, like speeding, and knew where to find you later, he can issue the citation later. I would just pay up. 60 in a 50 can't be that much. Besides, no one should really complain about a traffic ticket. Think of how many times you have been speeding and WEREN'T caught. You get away with it far more than you get caught.

What kind of dumbass advice is this? I hope you're not a defense lawyer! Buddy, why don't you just march into the police station and confess to all the times you've exceeded the speed limit?
Are you not smart enough to realize that speed limits have nothing to do with traffic safety and have everything to do with extorting money from defensless tax payers? If speed limits had anyhting to do with safety then why have traffic fatalities declined since speed limits have been raised above 55 mph.

 

[Kitty A]

The outcome.... so far.

Well, I explained the circumstances to the Judge. He listened to the officer and then to me and decided he would go to the area himself and see if he could travel that fast that far considering my stick against an automatic. He believed me, which I'm happy about since I was telling the truth, but he also felt I hadn't anything to back up my defense. He will let me know which way he decides later. I don't know whether I'll get to keep my license or not, but at least the Judge didn't just listen to the officer and just say guilty. I have to say I'm impressed by the guy. Even if he's BSing me, which I have no reason to believe he is, he at least told me that he believes that I believe what I'm saying. I guess it's still true, honesty is the best policy. I just don't like the idea of being accused by a machine that could malfunction or have operator error. I guess the officer believes in himself too. If I were a Judge I would have had a hard time deciding this one too. I'll keep everyone posted as to his decision. Wish me luck. Kitty