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Ohio Supreme Court Rules Officers Can Just Guess How Fast You’re Going

http://www.autoinsane.com/2010/06/0...officers-can-just-guess-how-fast-youre-going/
In what has to be one of the biggest violations of common sense and burden of proof in motoring news this year, the Ohio Supreme Court has ruled that officers can “visually estimate” how fast a person is driving… and give them a ticket for it.

Thanks Ohio Supreme Court for giving cops the green light to make up speeding tickets.

Supreme Court Justice Maureen O’Connor said “Rational triers of fact could find a police officer’s testimony regarding his unaided visual estimation of a vehicle’s speed, when supported by evidence that the officer is trained, certified by (the Ohio Peace Officer Training Academy) or a similar organization, and experienced in making such estimations, sufficient to establish beyond a reasonable doubt the defendant’s speed. Independent verification of the vehicle’s speed is not necessary to support a conviction for speeding.”

Hey “Supreme Court Justices” why don’t you guys get this part of what laws are supposed to do through your thick skulls. It’s safe to say that officers might be trained to identify speeds, and they might even be great at it – but it blasts the notion of burden of proof being on the state out of the water. You didn’t just blast it out, you nuked that fish to dry land. There is no factual evidence when officers have the ability to do this, “I think you were going 120 mph.”

Where is the public recourse for police officers who abuse their abilities? We have to take an officer’s (the state) word that we committed a crime? Did you guys even go to law school?
Next up - thought crimes.

b
 

Lone Wolf

Well-known member
Veteran
i was driving through ohio on route 80 a couple years back. I shit you not, I was going 90 MPH in my very nice 2005 FORD F-250 from the time i hit the Ohio state line from Pennsylvania until I was about 20 miles from entering Michigan ... My wife and myself were on full alert checking for police officers the whole ride and never spotted 1! ....

at one point, I happened to be looking in my rearview mirror (it was about 8pm in the summer time, and the sun was just starting to set, so my visuals were perfect) and I noticed red and blues flashing atleast 2-3 miles behind me within a rural part of ohio... immediatly I dropped it down to 74 and hit cruise control... I figured the guy was just on a mission to get somewhere and blow by me as quick as possible, because there was NO WAY i had passed him on the road and he had clocked me with radar... there was just no fucking way - he had nowhere to hide, and that is the bottom line and I will stick to it until the day I die....

anyways, he starts getting closer and closer on me and before I know it, he is on my ass, So I pull over to the side of the road, and the trooper goes to the passenger side window and I had already had my paperwork out, along with my FOP card that had NEVER failed me... (the state trooper happened to be african american as well which might I add, the 3 tickets I have ever gotten in my entire life were all from african american law enforcement officers all from different locales)... so he immediately tells me "hey sir, you are a pretty popular guy, you had about 5 or 6 different truck drivers talking about your speeding on their CB's..."... i smiled and said, "oh, so is that how you knew I was speeding, was because they were talking about it on the radio?"... "ohhh no sir, I was sitting under a bridge way back and had clocked you at 95 from my side radar that is mounted on my car.." ... I said, "wow, you must have had the best hiding spot in the entire world, because I have had my eyes peeled since I got onto the turnpike in Pennsylvania a few hours ago and I had not seen one cop car including you..." .....he did not reply to my statement, looked down at my papers, and handed me back the FOP card and said "sorry sir, I will not take this card, especially since you were going 30 miles per hour over the limit... , but I will give you a break by not handcuffing you and calling a tow truck to come impound this truck," " its rare for me to not impound vehicles that are traveling at those speeds" " i apologized for speeding and he then asked if I had anything to drink or if i had been on drugs, I said no... and i was telling the honest truth, i was sober. He then says "well, im going to go run your information, and when i come back i am going to check and see if you are telling me the truth...." something about my appearance i guess made him think i was under the influence.... sure enough, he hastily gets back to my truck, pulls me out of the truck, and begins to give me field sobriety tests on the side of the busy turnpike (i believe he decided to pull me out of the truck to show all of the truck drivers who I had blown by on the road that he had caught my candy ass and now its time to give the lonely and bored loser ass truck drivers who were now passing by a nice quick little side road show)..... i passed all tests with flying colors, and i had then told the trooper "sir, I am an honest man, and I am telling you right now, I am sober as a judge - or however sober they are", and I shit you guys not, this hard headed arrogant dickhead trooper who did not joke around one bit the whole entire meeting began to laugh at my statement about judges being sober...

so as I got back into the truck and he handed me the ticket and instructed me how to pay it and what not, I asked him one last time if he had really clocked me, he said "yes I did, and if you don't believe me, come to court and we can settle it there"... he knew damn well that I would not go to court to fight him, even though i should have....

after that day, I really realized that I hate truck drivers... I really was fucking pissed about it... I was driving perfectly fine, and just because I was speeding doesnt mean they should get on their fucking CB's and start running off their hillbilly ass stinky siitin on their asses for 8 hours a day swamp ass to rat me out... fucking rats....

sure enough, as I got back onto the turnpike after being pulled over... .the very next center median there was a trooper sitting there waiting for me just incase that black trooper didnt catch me in time before I passed him...


oh yeah, and before the black trooper let me go, he said I better not speed again, and that he is going to alert the rest of the troopers who were on patrol to be on the lookout for me speeding... he was not bullshitting i guess because I had seen about 5 more troopers within 20 miles of leaving the state... talk about some crazy ass bullshit


fuck ohio state troopers... if you are going to pull people over, how about you legitimately sit there with a radar gun and wait for them to speed by you... dont go by hear say - thats just immoral.... and if a trooper happens to be reading this, if you pull someone over based on whether or not you "think" they were speeding, and they truly are not speeding, and you give them a ticket, and ruin their driving record, and increase their insurance rates, then may you rot in hell, and may karma come back around and fuck you in your ass.

wow that was alot of typing :tiphat:


LONE WOLF

:rant:
 
A

ak-51

I asked him one last time if he had really clocked me, he said "yes I did, and if you don't believe me, come to court and we can settle it there"... he knew damn well that I would not go to court to fight him, even though i should have....

Well even at that point what are you going to do in court?

Prosecutor: "Did you clock him at 90mph officer?"
Officer: "Yes, I definitely clocked him at 90mph. See where I wrote it down on the ticket? That's how I know it happened."

Done.

And that's the crazy part about this supreme court ruling: They already have the ability to convict you on the officers testimony alone but apparently the idea that he should have to make an actual measurement is too much of a burden so they need to take that necessity out all together.

That leaves basically no recourse even in the event that the officer was accidentally holding the radar gun backwards.

Prosecutor: "So we have the photo of you holding the radar gun backwards officer, but even though the unit was basically just spitting out random numbers you did confirm that speed visually right?"
Officer: "Yup, I seent it"
 
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Before there was radar...
That was one way they did it; a cops' estimate of how fast you were going. Usually held up in court. Question would be " How do you know he was going 90 ?
Answer would be " I've been a state trooper for x years, I've written thousands of tickets, been trained in speed observance, he might have been going 92 but I gave him the benefit of the doubt." Most always held up.
A few years back a local TV station put a trooper against a radar gun on an interstate bridge; the cop was uncanny, rarely off by more than a mph or 2. If they want you they got you. Or you could take your chances , drop a few hundred on a lawyer, and probably still lose. Or represent yourself, hahaha.
It's your word against theirs, unless you're a nun you're coming in second.
 

orangejuice

Member
i thought before radars they would use time between two objects of a certain distance and some math, cuz that's jsut as accurate (if not moreso) then a radar anyway.
 

Tony Aroma

Let's Go - Two Smokes!
Veteran
i thought before radars they would use time between two objects of a certain distance and some math, cuz that's jsut as accurate (if not moreso) then a radar anyway.

Yeah, I thought that's how a speed trap used to work. The cops pick a place with two landmarks a known distance apart, and then time the car as it moves between those two locations. Should be reasonably accurate and objective. But my impression of the law in OH was that it went way beyond that. I could be wrong.
 
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