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  1. #1

    Default Disputing a Paced Speeding Ticket

    My question involves a traffic ticket from the state of: My question involves criminal law for the state of: Ohio

    Good morning everyone and thank you for reading my post. I was pulled over on February 8, 2015 at 2200. The weather conditions were wet and was hailing that evening. According to the officer he paced me 53MPH on a 35 MPH. I did not want to argue with the officer and make things worse for me since he has the ability other things wrong and make my life miserable. However, I know for a fact that I was not going that fast... and I will explain why.

    The officer turned the lights seconds before I turned into my driveway, I thought he was responding to a call until he pulled into my driveway right behind me. I was confused and wondered what I had done wrong. He approached my window and he did the funniest thing that probably is the reason that I got a ticket. But I guess is just my opinion and the court will not believe me. Anyways, as he got to the window puffed his chest and stroke a pose as if he was trying to notice he had a badge. At first I was dumbfounded about what I just witnessed and I could not help to laugh. The look on his face change when I started laughing and then asked me if I knew the speed zone. I replied 40 MPH. He said no, is 35 mph and I paced you 53 MPH on a 35 MPH zone. However, there are several inconsistencies proving I'm innocent.

    First off, about 200 feet before my house there is a rail road and about 10 feet past the rail road the speed zone changes from 40 MPH to 35 miles per hour. How can the officer have paced me going that fast when I was slowing down before I past the rail road. Later I will try to scan a diagram I drew that show where the speed zone change on the road I live on.

    I know I was not speeding and I'm afraid that if the judge rules against me I will be screwed. I graduated last summer with a Bachelors degree in criminal justice. My goal is to get a job in probation/ parole and if that don't work I will try US Customs. Another issue is that I currently work as a security officer and my employer told me that if I get convicted I will most likely be terminated for having too many points on my record. I knew that when I was offered the job. The company check our driving record often, so I had to tell my boss. Why would I risk getting fired, or even better. I'm concern that this may affect my chances of getting the career I have been chasing for so long just because a police officer abused his power.
    Anyone have any suggestions? I plead not guilty and my pre trial is set in a month.

  2. #2
    Join Date
    Oct 2014
    Posts
    7,211

    Default Re: Should I Fight My Speeding Ticket in Court

    The puffing out of the chest isn't anything that will help you and IMO is not worth mentioning at all in court. What the court will be concerned with is simply the issue of whether you were, in fact, speeding. Your defense seems to be not that you weren't speeding (you've not said anything about what speed you think you were going and what evidence you have of that) but that you are trying to cast doubt on whether the cop can prove you were speeding. In order to make that kind of challenge, you need to know exactly how the cop measured your speed. Even if he used the word “paced” in conversation, that may not be exactly how he measured your speed. Might have been radar, or whatever. In any event, you need to know exactly how he determined your speed if you want to make this kind of defense. You ought to be able to get discovery to find that out.

    If he properly determined your average speed over some stretch of road as 53 mph, then that indicates you were speeding since the speed limit was either 40 mph or 35 mph depending on the portion of road you were on. If you were slowing during the time he measured the speed, then if the average was 53 mph you must have been going faster than that at the start of the timing. The court if it accepts that the timing of 53 mph was accurate still find you guilty but just of going 53 mph in a 40 mph zone instead of 35 mph if your exact speed in the 35 mph portion cannot be determined. But in any event, you need to start with what the cop says he did to determine your speed.

  3. #3

    Default Re: Should I Fight My Speeding Ticket in Court

    I know that it will not help my case nor is worth mentioning. I was going at the speed limit (40MPH) and how could he have paced me going that fast when I was slowing down getting ready to pull into my driveway. The 35 MPH sign is roughly 170 feet from my house.
    Another thing that I forgot to mention, he told me he paced 53 on a 35. On the ticket remarks he wrote that paced me 50 MPH on a 35 MPH, and wrote that I was going 45 MPH on a 35 MPH zone. Is that even acceeptable? I mean, which one was it? 53, 50 or 45?

  4. #4
    Join Date
    Mar 2013
    Posts
    1,204

    Default Re: Should I Fight My Speeding Ticket in Court

    Quote Quoting Didn't Do it!
    View Post
    Another thing that I forgot to mention, he told me he paced 53 on a 35. On the ticket remarks he wrote that paced me 50 MPH on a 35 MPH, and wrote that I was going 45 MPH on a 35 MPH zone. Is that even acceeptable?
    Yes, it is acceptable. For someone with a bachelors in CJ you should know this. According to the officer your peak speed was 53. When your vehicle came to a halt your final speed was 0. In between, you also traveled at 50 and 45. Indicating any of those speeds is correct and within the officer's discretionary authority. He gave you a break by indicating the lower speeds.

    However, if you are an absolute stickler for accuracy, go to court and point out that the officer failed to list you peak speed. The judge is a reasonable man and no doubt will allow the officer to amend the citation and correct it to reflect 53 MPH instead of 45.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Should I Fight My Speeding Ticket in Court

    A judge is not going to give you the time of day arguing a 10 over speeding ticket in OH. You know you have done it several times, otherwise, you would not already have such an outstanding driving record.

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