Speeding ticket and caselaw.

[Aulirophile]

So my GF got a speeding ticket. The cop was moving using a K-55 model speed gun from MPH industries. There is a case from 1983, State of Ohio v. Oberhaus, in which the judge declared that the K-55 was inaccurate except when used in stationary mode i.e., can't be moving, which the cop was. Since we're living in Ohio this is basically an instant win if I can present it to the court, but how do I do that? I don't imagine I can just say "such and such case exists" and printing out somene else's reference to it seems dodgy. I can't find the actual trial transcript online either, so any ideas?

[kedwyn]

I certainly wouldn't think its an instant win case. I certainly would be careful because if you get a dick head judge which is highly likely you might end up causing more harm than good if your not careful on how you present yourself.

I'm also farily certain the unit has been upgraded since 1983, shit just doesn't last that long anymore. So just because the model might be the same no telling how the insides have changed or firmware changes etc..

[Aulirophile]

Originally Posted by kedwyn

I certainly wouldn't think its an instant win case. I certainly would be careful because if you get a dick head judge which is highly likely you might end up causing more harm than good if your not careful on how you present yourself.

I'm also farily certain the unit has been upgraded since 1983, shit just doesn't last that long anymore. So just because the model might be the same no telling how the insides have changed or firmware changes etc..

There have been 0 updates to the gun since it was first introduced, a point that is actually boasted about on the mphindustries website. It is cheap, easy to manufacture, and cops like it. It is the most commonly used radar gun ever. That is basically a non-issue, I just need to have proof that this caselaw exists. I'll never get in front of a judge. Public prosecutors need to maintain a certain win:loss ratio and when I talk to him before the trial and point I have this caselaw that says the radar gun evidence is inadmissable, he'll ask me to pay court costs and that'll be the end of it.. but only if I can prove the case exists.

[Zeste]

Answer this: was she speeding?

[Aulirophile]

Originally Posted by Zeste

Answer this: was she speeding?

No, but the van next to her in the slower lane was. That is probably who he really clocked and he pulled us over because we were in the "fast" lane. That stretch of road is right near a highway patrol station, she never speeds on it.

[MrGraham]

So she's one of those people that drives slow in the passing lane?

[Aulirophile]

Originally Posted by MrGraham

So she's one of those people that drives slow in the passing lane?

She goes the speed limit when cops are around, as opposed to going 16 mph over it? Yes.. Not like there was anyone else on the road. Was her and the van and the van had just turned onto the highway a bit back, a right turn, so it was in that lane anyway and didn't show any desire to leave it.

[Zeste]

Sounds like she was speeding.

Save the legal system the headache of dealing with another armchair lawyer and just pay the fucking thing. Seriously, how much could it be?

[Aulirophile]

Originally Posted by Zeste

Sounds like she was speeding.

Save the legal system the headache of dealing with another armchair lawyer and just pay the fucking thing. Seriously, how much could it be?

At most? Speeding tickets increase insurance from $125-500 per year for five years after the ticket. So the overall cost could be as high as 2.7k over five years.

And are you retarded? I said she wasn't speeding. You're a cop aren't you? Speeding laws exist solely to increase revenue for the citys that have them. The autobahn would not be the safest freeway in the world if speeding were dangerous. Which is the point. Only 10% of speeding tickets are challenged and of those 50% are overturned. The rest is just free money. I'll beat the ticket either way, there is a long list of questions you can ask any cop when you cross-examine him that will prove he had insufficient evidence or understanding of the radar unit to issue a citation, but that involves getting up in court. Citing caselaw to the prosecutor is faster.

[Zeste]

haha I was going to reply until I read your sig:

stupidity is not a sin, the victim can't help being stupid.

[Soriak]

Go to the library of the local law school, they should be able to help you out. Otherwise look for the phone number of the court that issued the ruling and call them - they should be able to mail or fax it for a small fee.

[Zuuljin]

The usual rule of thumb for speeding is 9-10 mph over the limit, anything else and your fair game.

I dont know how they do tickets over there, but here in cali, you can do a driving school class and your ticket gets taken off, your insurance never even knows about it. I think you only get one class every 3 years or so, so its good for these times when you get fucked for getting fucked sakes. Maybe your state has something like that?

[Rensho]

I don't know if this is an urban legend or not, but I read a few years back that someone defeated a speeding ticket by demanding to know how, exactly, the radar gun works. The manufacturer refused to provide the information and the case was dismissed. I wouldn't try that without a lawyer though.

[Aegdaien]

Originally Posted by Zeste

Sounds like she was speeding.

Save the legal system the headache of dealing with another armchair lawyer and just pay the fucking thing. Seriously, how much could it be?

$110 from 1-20mph over
$120 from 21-30mph over
$130 and 90 day suspension for 31+ mph

I know because I just paid a fine in Ohio for it on Friday

[tjac]

Originally Posted by Aulirophile

So my GF got a speeding ticket. The cop was moving using a K-55 model speed gun from MPH industries. There is a case from 1983, State of Ohio v. Oberhaus, in which the judge declared that the K-55 was inaccurate except when used in stationary mode i.e., can't be moving, which the cop was. Since we're living in Ohio this is basically an instant win if I can present it to the court, but how do I do that? I don't imagine I can just say "such and such case exists" and printing out somene else's reference to it seems dodgy. I can't find the actual trial transcript online either, so any ideas?

I would bet that, even if the Oberhaus case is real, the K-55s have since been fixed and the 1983 ruling is obsolete. You need to find case law that is more current. Lexisnexis or Westlaw are where you want to go.

Also, public safety, fuel conservation, and civil engineering are all reasons beyond revenue generation for having statutory speed limits.