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  1. #1

    Default Trial by Declaration in Ohio for Speeding

    My question involves traffic court in the State of: Ohio

    I received a speeding ticket in CROOKSVILLE ohio

    I was traveling at 56 mph with my cruise set at 55 mph according to my guage.

    I was pulled over in a 45 mph zone which was less than 1/4 mile long and was surrounded in the front and rear by a 55 mph zone which is why i had my cruise set at 55 mph.

    Office pulled me over 1 mile into a 55 mph zone and cited me for 56 in a 45.

    Office used radar to observe my car and stated he shot my car 2 times and observed me accelerating from 45 mph up to 56 mph.

    It is my contention that this speed zone is not lawful and 56 mph is not an unsafe speed for this section of road which is indistinguishable from the 55 mph section.

    I told the office i could have sworn this was a 55 mph zone which he refuted saying that the city was 45 mph.

    I turned around and went back after being pulled over, the southbound side of the road had a 55 mph posted sign which overlaps the 45 mph northbound side. in 2 miles there is a 55mph then a 45 mph zone then quickly a 55 mph sign, i was pulled over 1 mile past the last 55 mph sign.

    For the above reason i believe this ticket should be thrown out.

    I want to request trial by declaration as this court is over 100 miles from my residence.

    I called the court listed on the ticket and they dont know anything about trial by declarartion and asked me to send in the statute from ohio revised code showing it. Can someone please provide this for me?

  2. #2
    Join Date
    Feb 2008
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    Default Re: Trial by Declaration in Ohio for Speeding

    Dude... I believe CA is the only state that does Trial By Declaration.

  3. #3
    Join Date
    Aug 2007
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    Default Re: Trial by Declaration in Ohio for Speeding

    Quote Quoting ShaftSlinger
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    I called the court listed on the ticket and they dont know anything about trial by declarartion and asked me to send in the statute from ohio revised code showing it. Can someone please provide this for me?

    Some states have "defense by affidavit", mostly pertaining to out of state motorists cited.

    I found nothing in the Ohio Traffic Rules concerning it:


    http://www.sconet.state.oh.us/rules/traffic/traffic.pdf


    However, I did find this site when I keyed in some select words: Scroll down to. 7: Ohio: It appears some "local rules of court" may permit it without prior Leave of Court. You can of course always Motion the court to permit it, even if not grounded in absolute rule.

    Does CROOKSVILLE have thier own local traffic rules in addition to the states?


    http://74.125.45.132/search?q=cache:...lnk&cd=1&gl=us

  4. #4

    Default Re: Trial by Declaration in Ohio for Speeding

    Quote Quoting BOR
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    Some states have "defense by affidavit", mostly pertaining to out of state motorists cited.

    I found nothing in the Ohio Traffic Rules concerning it:


    http://www.sconet.state.oh.us/rules/traffic/traffic.pdf


    However, I did find this site when I keyed in some select words: Scroll down to. 7: Ohio: It appears some "local rules of court" may permit it without prior Leave of Court. You can of course always Motion the court to permit it, even if not grounded in absolute rule.

    Does CROOKSVILLE have thier own local traffic rules in addition to the states?


    http://74.125.45.132/search?q=cache:...lnk&cd=1&gl=us
    THey do have theyre own court. I think its a mayors court or some such. When i asked if i could have trial by declaration they told me to site what code allowed for that. I suppose if i just petition for it without the code they will deny it.

  5. #5
    Join Date
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    Default Re: Trial by Declaration in Ohio for Speeding

    Quote Quoting ShaftSlinger
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    THey do have theyre own court. I think its a mayors court or some such. When i asked if i could have trial by declaration they told me to site what code allowed for that. I suppose if i just petition for it without the code they will deny it.

    There is nothing "specifically" in the Code I could find.

    You can attempt to Petition/Motion the court if you wish, you can only be denied and may even be permitted.


    Mayor's courts are obsolete, but may still be lawful??

    As I stated, try to see if whatever court you have to appear/plead in has it's OWN traffic rules.

  6. #6

    Default Re: Trial by Declaration in Ohio for Speeding

    Quote Quoting BOR
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    There is nothing "specifically" in the Code I could find.

    You can attempt to Petition/Motion the court if you wish, you can only be denied and may even be permitted.


    Mayor's courts are obsolete, but may still be lawful??

    As I stated, try to see if whatever court you have to appear/plead in has it's OWN traffic rules.
    How would i go about petitioning the court?

  7. #7
    Join Date
    Aug 2007
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    Default Re: Trial by Declaration in Ohio for Speeding

    Quote Quoting ShaftSlinger
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    How would i go about petitioning the court?

    I did find the local rules of court for Perry County, but not specifically Crooksville. They do NOT have sample forms/motions to offer a guide though.

    You need to do some online searching for any Ohio courts that have "sample" forms for Motions, many courts do. You can follow the general drafting format and wording for your specific petition/motion to mail to the Clerk of that particular court for a timestamp.

    I can't specifically instruct you how to do it, as that is an area laymen are not really supposed to delve into. I am not an attorney.


    http://www.perrycountycourt.com/rules.shtml

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