Results 1 to 6 of 6
  1. #1
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    321

    Default Alibi Defenses to Traffic Tickets

    Technically an ALIBI is not an affirmative defense, so the burden does not legally shift to the defendant, but when summed up, it does.

    If he asserts his 5th AM right, what recourse does the court have in deciding it was or was not him?

    The camera, or so called "silent witness", is not, of course human, but is just as just as good as a human eyeball who sees ONLY a license plate.

    It's similar to an illegal parking ticket, the registered owner will get the ticket on the windshield, not the driver, as s/he is not there. That constitutes a prima facie case. If the owner was not driving, then his alibi, or defense, will have to convince the trier of fact that.

    If he does not answer the summons due to the fact it was not him driving, he has bigger problems. He must plead such.

  2. #2
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    321

    Default Re: Circumstances with Passing a School Bus

    So, in effect, are you saying all he has to do is say it was not him driving and he will win?

  3. #3
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    321

    Default Re: Circumstances with Passing a School Bus

    Burden of proof;

    http://codes.ohio.gov/orc/2901.05

    Now, as I said, an alibi is not a technical AD per the OSC, it amounts to the same thing. Yes, the burden of proof HERE, is on the prosecution, but BRD is easy if you have circumstantial evidence that is overwhelming.

    The court in that case MUST dismiss EVERY camera case on those merits, if the driver can not be ID', won't happen. Akron v. Mendenhall, OSC, (from memory) on a certified question, discusses similar proof, although there, by a preponderance of guilt.

  4. #4
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    321

    Default Re: Circumstances with Passing a School Bus

    Wikipedia has no bearing, and as I said, before, an ALIBI is not a technical AD, I said that.

    I don't need to consult wiki, criminal law was my major in college.

  5. #5
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    15

    Default Re: Circumstances with Passing a School Bus

    Quote Quoting RJR
    View Post
    The license plate ID is enough to charge the owner, as a prima facie case. It is then up to your son, IF, he was the one not driving to provide an Alibi. In this case, the Affirmative defense is now burdened upon your son. If unable to answer as to self incrimination, or if answered and not evidence worthy, he will loose.
    False. The license plate is not prima facie evidence to issue a citation to the vehicle owner. The burden does not shift to the owner, it remains with the prosecution.


    Quote Quoting RJR
    View Post
    It's similar to an illegal parking ticket, the registered owner will get the ticket on the windshield, not the driver, as s/he is not there. That constitutes a prima facie case. If the owner was not driving, then his alibi, or defense, will have to convince the trier of fact that.

    If he does not answer the summons due to the fact it was not him driving, he has bigger problems. He must plead such.
    Once again this is false. A moving violation under this section does not work like a parking citation. The police can not cite someone merely because they are the registered owner of the vehicle. They have the burden of proof to show that the cited person was the one operating the vehicle at the time of the violation.

    Your second part is accurate though. If he was issued a citation then he must take care of it, even if the burden was not properly met. Sticking your head in the sand or ignoring it will not make it go away. It needs to be properly handled and dismissed.

    Quote Quoting RJR
    View Post
    I don't need to consult wiki, criminal law was my major in college.
    Thats scary.

  6. #6
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    321

    Default Re: Circumstances with Passing a School Bus

    If he was cited under state law, this is true about ID'ing the owner. For some reason, and I reread the whole thread just now, I thought he lived in Cincy for some reason, my mind wanders sometimes. Under Cincy ordinance there is no such provision as to ID the driver first.

    After reading the thread again, here, I see there was no mention of a City, that was my error. Elay was right on state law.

    As far as my being knowledgeable on criminal law being "scary" well!! I've been on legal message boards off an on for 15 years. I have been cited as wrong before, as who hasn't been, but never been called "scary". There's an ex-cop on here, who's name I need not bring in, that was a poster buddy of mine all the way back on the old Findlaw boards, funny how he and other's never said that, hmm!

    Stick around!

    1. Sponsored Links
       

Similar Threads

  1. Hearings and Trials: Sixth Amendment Defenses to Red Light Camera Tickets
    By texan123 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 03-09-2014, 08:17 AM
  2. Robbery: Charged With Robbery Despite Having an Alibi
    By jcamp254 in forum Criminal Charges
    Replies: 3
    Last Post: 02-02-2014, 08:42 AM
  3. Speeding Tickets: What Defenses Work to Speeding Tickets, Speed > 100 MPH, VC 22348(B)
    By dubq in forum Moving Violations, Parking and Traffic Tickets
    Replies: 22
    Last Post: 01-10-2012, 09:39 PM
  4. Trials: Alibi Defense, and Proof of Being Out of Town
    By keithacash in forum Criminal Procedure
    Replies: 2
    Last Post: 01-13-2006, 08:30 AM
 
 
Sponsored Links

Legal Help, Information and Resources