Speeding ticket goes to Supreme Court

A man is taking his fight over a $100 speeding ticket to the Ohio Supreme Court, where he'll argue the ticket is invalid because the police officer who made the traffic stop left a box unchecked. Full Story
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Lonnie

Claremore, OK

#62 Jul 16, 2007
Headlock wrote:
<quoted text>
Lonnie, according to FCC laws, if a police department has an FCC license for it's radio communications system, it is NOT required to obtain a separate license for it's Radar units. All departments are licensed for their communications. So it is VERY unlikely they will also have have one for the radars. You have to realize that. If you still don't believe me, read this link:
http://www.freqofnature.com/index.php...
YES.. That is my point. They don't have any FCC license. They don't have one for thier radios or anything.

“Realist, I am.”

Since: Feb 07

Key West

#63 Jul 17, 2007
Lonnie wrote:
<quoted text>
YES.. That is my point. They don't have any FCC license. They don't have one for thier radios or anything.
Police radio systems require a series of repeaters, towers, etc. When intalling, it requires extensive testing and technical calibration. There's no way this can be obtained without getting an FCC license. I can't imagine a police department not having it.

But that's beside the point. If the courts have deemed the oficer's testimony valid based on experience and training, the radar itself becomes a secondary tool and not necessary in finding probable cause that someone is speeding.
Headlock

Stuart, FL

#64 Jul 17, 2007
blondbabe wrote:
<quoted text>
Police radio systems require a series of repeaters, towers, etc. When intalling, it requires extensive testing and technical calibration. There's no way this can be obtained without getting an FCC license. I can't imagine a police department not having it.
I have to agree. I don't see how it's physically possible for a police department to build a communications systems without first obtaining the permit.
Headlock

Stuart, FL

#65 Jul 17, 2007
One thing though. If the department is using a system generated by another department, they do not have to hold the license. For example, many smaller cities piggy-back on county or state systems. This would clear the smaller department from needing any FCC license whatsoever.

It has nothing to do with corruption or any of that malarkey. It's about cost effectiveness.
Lonnie

Claremore, OK

#66 Jul 19, 2007
I agree with you. I feel the sheriff's office must have been issued a FCC license, however, it must be updated. Common Sense would dictate that they have one. BUT, our court system doesn't convict people using "common sense." They must have evidence. I am suprised that they (the department) is not providing it. It would be so simple for them to just show it-if they have it.
As for the second point. The testimony of the officer is considered valid evidence but the testimony begins to lose credibility if it is found that he didn't follow procedures. As it stands now, he has not shown any attempt to follow the sheriff's department's policies. He hasn't shown any documentation that his department requires.
I also understand and agree that the small town's police is "piggy backing" on the county sheriff's department. I am not concerned with the town's need for an FCC. I know they don't have that. I am asking the County Sheriff's department for their license. They ARE required to have it. I think they do have it. I just need them to prove it. As a citizen of this country and as a taxpayer, I deserve that. It is my 6th amendment right to be able to confront the evidence against me and my 14th amendment's right of due process.

“Realist, I am.”

Since: Feb 07

Key West

#67 Jul 19, 2007
Lonnie wrote:
As a citizen of this country and as a taxpayer, I deserve that. It is my 6th amendment right to be able to confront the evidence against me and my 14th amendment's right of due process.
And that's what makes this country so great.

Good luck.
Lonnie

Claremore, OK

#68 Jul 27, 2007
Today I got a letter in the mail stating that my case is being dismissed "in the interest of justice."
Apparently, the DA's office doesn't want to spend the court's time prosecuting a ticket. I was supposed to go to a jury trial Monday.

Not Ohio

United States

#69 Aug 13, 2007
MarineWife wrote:
God forbid the police officer does his job.. You were speeding plain and simple. Do you realize these officers have to be trained to use the radar? It isn't just a machine they pick up and use. Plus if you know anything about the police they have to make sure the unit is working properly before they can use it each and every day. Another thing to think about.. Most officers will not pull you over unless you are going really fast. My husband give you 14 over. So you must be going really fast if he pulls you over.
So you are assuming that radar or laser guns don't malfunction? I am here to tell you I know for a FACT that they do. I was clocked going 40+ MPH OVER the speed limit by a LASER GUN (suppose to be more accurate..right!) and truth be told I wasn't even going ONE mile over the speed limit. Needless to say, I fought and WON my case since the officer failed to show.

I will also say this. It's the brave people (like the fellow taking it ALL THE WAY) in our land that sacrafice (like he is doing) there time and money to protect those that are not willing!! If everyone just laid down and rolled over, all our rights would eventually disappear.
justin tyme

Cleveland, OH

#70 Aug 19, 2007
More legal strategies can be found here:

http://www.trafficticketsecrets.com
MarineFattyFartB reath

Erie, PA

#71 Aug 28, 2007
Hey, MarineWife, you look like a fat pig. I hope your husband catches a bullet in his face. May cancer come upon you.
MarineFattyFartB reath

Erie, PA

#72 Aug 28, 2007
If you regularly talk with a Southern hick accent, why, when you type, would you incorporate that accent into your typed message. It's totally lame. May death be upon you, you no-toothed jackasses.
MarineFattyFartB reath

Erie, PA

#73 Aug 28, 2007
Cancer of the breasts, MarineWife, I forgot to say that.
Angie

Columbus, OH

#74 Sep 5, 2007
I was just outside of CINCI last weekend ... When i saw the cop i thought I was fine, I looked at my speed and it was somewhere BELOW 80,shit 0_0... he said I was going 86, ...apparently I was going fast at the wrong time and didnt notice ... so was everyone else they just pulled over and slowed down and i didnt notice the cop, I'd really like to EXAMINE the evidence agianst me,I live in columbus... Id have to drive an hour to court on a morning Im supposed to be at work o_0 .. Fuck this system, they dont WANT anyone to fight it obviously....
Lonnie

Claremore, OK

#75 Sep 20, 2007
Angie:
Before your trial date, write for the following information.
1. Copies of the manufacturer's recommended maintenance for the radar gun that was used by the officer when you were pulled over on that day.

2. Copies of the manufacturer literature as it relates to the correct use, including but not limited to the mounting, aiming, weather and traffic limitations for the use of the radar gun.

3. A copy of the Authorized Certificate of Training, issued to the officer who gave the ticket, in the proper use of the radar gun.

4. The department's FCC license with the date in which it was issued and the date in which it will expire.

5. Any log books or other documentation required of the officer as it relates to the use of the radar gun.

Make this request to the police department and MOST IMPORTANT, request this from the court clerk.

Also, look online for information about the speed limit signs. There is a manual issued by the Federal Highway Department that is the regulations concerning the placement of speed limit signs.
This manual (Manual on Uniform Traffic Control Devices, MUTCD) is the law on all traffic signs. If a speed limit sign is below 5 foot from the road, it is illegal. If it over 7 feet, it is illegal, etc... The city/state must follow the letter of the law, just as you do.
If you are driving 36 in a 35, you can be stopped and fined, even if you are completely safe. Well, if the law says that a sign must be below 7 feet and it was put up at 7'2", then it is agaist the federal law. Common sense isn't the issue, the written law is the issue and they must follow it just like everyone else. Every state uses the same manual. It's a federal law.
Just know that if you plead not guilty, the prosecuting attorney will offer you a deal because he/she DOES NOT want to spend a lot of time fighting you in court. He/she will offer to keep it off of your record and probably lower the fine. It might be a good thing to take the deal cause it is such a hassle to fight in court, but if you do fight and lose you can always appeal and another deal will be made again.
I won my case without paying a dime. It cost the town a lot, Several times I was offered a deal, once as low as $25 and a clear record, but I refused because I enjoyed the fight. It was very educational.
Good luck and God bless.
Lonnie
Yemur Freejay

Sri Lanka

#76 Sep 22, 2007
The police are not saints. I am glad that someone has the guts to take them all the way upto supreme court. I've me police officers that once tried to punish me because i pulled over for a noise under the bonnet! I had to mention the word "courts" which scared him shitless.
Some Guy

United States

#77 Nov 1, 2007
I was arrested in Belmont County, Ohio for driving 1 mile over the speed limit. I was also sited and had to pay $100 for that 1 mile over. I went to court and the judge didn't even care about the details. He just told me the fine was $100. I'm sure like everything there are extreme examples. I was also given a friendly warning from a State Trooper, and I was driving way to fast.
BORNREBEL

Cincinnati, OH

#78 Nov 5, 2007
godless by choice wrote:
more waste of our tax dollars....
the real waste of our tax dollars, is to supply a PARASITE with a car thats better than most people own, gas to unsparingly burn, an undesserved paycheck, and send them out on the streets to harass honest hard-working tax payers on thier way to work!!

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