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Wrong officer listed on court documents - Ohio

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npratt01

Junior Member
I recieved a speeding ticket in ohio, for going 51 in a 35 (i was coming out of a 50 mph zone, but that's a different can of worms). I have proof that a certain officer issued the ticket to me, but the court documents, specifically the letter telling me when the pretrial was, has a different officer. Can I have the ticket dismissed outright because of this?
 


sukharev

Member
Not before trial.

If you woulld like to fight the ticket, do so based on evidence presented. If a different officer will be at trial, and not yours, then you can motion for dismissal based on lack of foundation. However, if the judge denies your motion, you can proceed with questioning the officer and establish lack of independent recollection. Then, anything he says falls under hearsay and should be striken from the record. Again, the judge may decide to deny your motion. Then, you have a choice to either press for dismissal citing your right to confront the witness, or proceed with attacking the evidence itself. Ohio has a couple of good court rulings on laser, so if you have been clocked with laser, you can fight using judicial notice defense.
 

sukharev

Member
Curt581 said:
The officer that wrote the ticket will appear at trial to give testimony.
This is not a given, and in many places not "required" by the court. By that I mean that the judge would allow the case to proceed, regardless. You can even wind up with no DA or prosecutor, and still have your case tried by the judge himself. The key to surviving the ordeal is to know the law, and know how to object to obvious deviations from rules of the court and rules of civil/criminal procedures (see, even that is different from state to state).

Some people who have seen it all do know better.
 
sukharev said:
This is not a given, and in many places not "required" by the court.
Huh? You are joking, right?

To OP: I would recommend ignoring posts by him, as this is a sign of his knowledge.
 

sukharev

Member
poohmantbb said:
Huh? You are joking, right?

To OP: I would recommend ignoring posts by him, as this is a sign of his knowledge.
No, I am not joking, and have been in court in PA when officer was not there, still had my case tried by judge alone, and found guilty.

To OP: Ignore people who tell you to ignore anybody's advice without proving it wrong. The only argument that holds is the one with reason, not insults and defamation. Same would hopefully be true in court. So, learn how to make your arguments and how to object to incorrect judicial process.
 

sukharev

Member
Curt581 said:
You've been repeatedly proven wrong in more than a few other threads, Sukkie. Still, it hasn't deterred you in the least from spouting ridiculously erroneous information. In 90% of the posts you respond to, you have no idea what you're talking about.

I do have to say I'm starting to enjoy some of your answers. Sometimes I can't tell if you actually believe what you're saying, or if what you're posting is actually an incredibly subtle and devious attempt to make someone screw themselves.

Hopefully, one day you'll "help" someone I arrested or cited. It'll be the best day I'll ever spend in court.

Between you and Pudge, prosecutors across the country will have a much easier time getting convictions... not to mention, loads of laughs to break up their day.
yea, whatever... You are just another retired cop having spare time on your hands to tell people they are guilty when they asked a question. I don't give a flying fart about your opinion, and certainly don't care if you insult me. In fact, it's funny to read the posts from you, JETX, etc. When all you do is claim someone else is wrong, without any supporting argument, you just prove yourself to be an A$$, and not the other way.

What I do care about is people who asked a good question, and deserve a good answer. I speak from experience, and my answers are based on that. And last time I was in court, prosecutor had to sweat for 3 hours before we got finished. I don't think he was laughing.

And, what I am amaised about, is that you actually think that people defending themselves in court hurt themselves :eek:
 
sukharev said:
No, I am not joking, and have been in court in PA when officer was not there, still had my case tried by judge alone, and found guilty.
What, did the judge testify as to what the officer saw?? C'mon..... a bunch of crap.... But I will drop the subject.... you won't get it.
 

sukharev

Member
poohmantbb said:
What, did the judge testify as to what the officer saw?? C'mon..... a bunch of crap.... But I will drop the subject.... you won't get it.
What you don't seem to get is the reality of traffic courts. The judge often declares outright he has heared everything on earth and would not consider any excuses. I was found guilty, and that was 10 years ago, when I knew nothing about the system. Now, of course it would have been different...
 

justalayman

Senior Member
sukharev said:
What you don't seem to get is the reality of traffic courts. The judge often declares outright he has heared everything on earth and would not consider any excuses. I was found guilty, and that was 10 years ago, when I knew nothing about the system. Now, of course it would have been different...

Hey S...Like I said before I kind of like the make sure they do it right attitude BUT I am really curious****************************....how many tickets have you had and how many of them have you walked from, how many reduced charges, and how many just plain guilty as charged sir?
 

sukharev

Member
I used to just pay up, first few. Got insurance hikes, then finally started to get it after hitting an obvious speed trap, 4 lane wide open highway with 25 MPH limit, everybody was waived to stop and given a ticket 6 cars at a time. That's the one in PA, where I took it to court, having my friend as witness, the judge did not even give me or my friend chance to speak, officer was not there, no prosecutor either, found me guilty 29 in 25 :mad:

So, I would only count after that. 2 dismissed with lawyer, 2 on my own, 1 guilty (only because I could not come back from MA to NJ, and chose that instead of rescheduling the trial, cop was not there), 1 still in appeal.

Every one of those a speed trap (ha, making excuses, sure). So, all in all 4 to 2 if you count the one appealed as lost. This happened over the course of 12 years, never mind calling me irresponsible driver. Of course, no guarantees you win, but at least you have a fair shot if you know what you do.
 
sukharev said:
What you don't seem to get is the reality of traffic courts. The judge often declares outright he has heared everything on earth and would not consider any excuses..
Again, you are full of crap. This would be out right illegal.
 

sukharev

Member
poohmantbb said:
Again, you are full of crap. This would be out right illegal.
You know, I fully agree. But, of course, one needs to know that. Most of the folks who show up for the hearing don't. And, the judge can say anything he wants, it's his court... There is no record to speak of, unless it's a criminal hearing, and in many states it's not.

You are beating on dead horse, though. I think we just live in different states, that's all, and maybe the one you live in has better laws and courts.
 
sukharev said:
You are beating on dead horse, though.
I may be beating a dead horse, and as I aid ealier, I will drop it, but I think the people you give this information to wouldn't neccessarily consider what WE (note plural) are saying to you a bad thing.
 

sukharev

Member
poohmantbb said:
I may be beating a dead horse, and as I aid ealier, I will drop it, but I think the people you give this information to wouldn't neccessarily consider what WE (note plural) are saying to you a bad thing.
Didn't I agree with you? All I was saying that many of the courts I have seen don't go by the book, and you need to know how to object and when.

Hopefully this is the last comment I make on the issue, since OP lives in Ohio, one of the better states as far as courts go. I have found several great cases which deal with laser judicial notice, correct procedures and so on. Also, was interesting to learn that unmarked police cruisers cannot be used for traffic stops, and the stop team has to be visible for quite a distance. So, good luck to OP, hope he/she is successful in defending the case.
 

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