108 in a 55 - - - Ohio

[Top_Fuel]

A 49 year old co-worker was cited as he ran through the gears this morning. He was lasered at 108mph in a 55mph stretch of two-lane, rural highway. Conditions were not adverse (daylight, clear visibility, light traffic, dry pavement, etc.). No racing was involved...and he has a clean driving record.

The stop was routine...the officer issued the ticket and went on his way. There are no specifications marked on the citation (speed unsafe for conditions, etc). A court appearance next week is mandatory due to the nature of the offense.


QUESTIONS:

1. Wouldn't 50+mph over the limit automatically be considered wreckless driving?
2. Is he just going to get a steep fine and be sent on his way?
3. Any reason for him to lawyer-up?

 

[FordSVTFan]

Typically 50+ over is statutorily reckless. If a mandatory court appearance wasnt noted, then it probably wont be amended to include reckless.

 

[Top_Fuel]

Sorry if I wasn't clear... It's noted on the citation that his appearance in court next week is mandatory.

So the court can amend the charges even if they weren't specified by the officer? :??:

 

[FordSVTFan]

Indeed they can. The ticket is just an allegation and the judge determines the adjudication and if other charges are warranted based on testimony.

 

[Bishop]

The fact that this was in Ohio is what worries me. I have lived in several states, and Ohio is by far and away the worst when it comes to traffic offenses/speeding. He better talk to a lawyer and get their advice on counsil.

 

[Top_Fuel]

Hmmm...sounds like he'd better seek some counsel. :uh oh: He has to appear next Friday, so I'll post back with the results.

 

[frckid]

When I was 16 in my old v6 stang, I recvd a ticket in evansville, IN for 29 mph over and had a mandatory court appearance. 25+ is normally reckless driving. I had a clean record and was able to opt for the defensive driver's course which only cost like $35.00 and that was it.

 

[czwalga00gt]

Yep, I got a 60 in a 35, 2 years ago outside of dayton. Wreckless op and officer told me he could arrest me. I didnt argue, but expressed that fact that a 4 lane road with very little traffic the speed limit is usually atleast 45mph.

I end up going to court and the DA dropped the wreckless, once she found out the only reason i got the wreckless was for the speed. However 53mph over, odds arent very good he's going to get out of there without a reckless op.

 

[VirtualSVT]

When I was pulled over in Ohio for speeding a few years ago the trooper and I were joking about how I was going to fly back up there and fight my 30 dollar ticket for a burned out light bulb. The 30 dollar ticket was better than the 155 for doing 22 over.

He told me to never try to fight. Judges in Ohio love to punish speeders. They are money hungry for road repairs.

Just go and get a lawyer and prepare to lube up.

 

[Top_Fuel]

...However 53mph over, odds arent very good he's going to get out of there without a reckless op.

I'll be stunned if he doesn't get wreckless op. Honestly, I would think 53 over the limit would warrant some sort of license suspension. If you don't lose your license for 53 over, then what would it take? 75 over? :shrug:

Oh...I forgot to mention that the reason the officer was patrolling this stretch of road was because of several serious accidents that have occurred there lately. :uh oh:

His court date is Friday. I'll be sure to update the story then.

 

[awax_cobrastang]

what was he driving. if he has no record they will def. drop it down

 

[tehnick]

He's lucky he doesn't live in Oregon. If you are stopped doing 100+ m.p.h. then you automatically go to jail, a 30- to 90-day license suspension, and a fine of $1,103 upon conviction.

 

[yamahaSHO]

Just about every state has the right to take you to jail immediatly for those speeds... Whether or not they do is up to the officer.

I had a buddy stopped in his SHO doing 109 in a 55 two years ago. His neighbor was a lawyer and was able to keep his license. He lost all but 1 point and his record had another minro speeding offense, so there is hope....

 

[mav_tu]

I'll be stunned if he doesn't get wreckless op. Honestly, I would think 53 over the limit would warrant some sort of license suspension. If you don't lose your license for 53 over, then what would it take? 75 over? :shrug:

That would all depend on the states law, and EXACTLY how it's worded in statute. In FL you can be travelling at 150mph on an empty stretch of interstate, and only get a speeding ticket. In order for your speed to be charged as "reckless" it must be proven that you operated your vehicle with wanton disregard for the safety of the public (not disreguard for the saftey of yourself). So, in that case, you could be driving at 20 in a 45 and be charged with reckless if you show such disregard. What I'm saying in too many words is: SEEK COUNSEL!

 

[Top_Fuel]

The verdict is in...

This individual did not seek the advice of an attorney. He simply showed up to municipal court this morning and pled guilty. The judge looked at the ticket for a brief moment and asked why he was going so fast. He answered, "It was stupidity on my part." The judge then handed down the penalty...

$75 fine + $70 court costs


I'm pretty stunned the penalty wasn't more severe. I suppose it would have been if this wasn't an older guy with a clean driving record. :shrug:

 

[Fdawg97lx]

i was cited last weekend for 120 in a 65. i got caught street racing (i'm an idiot) and was stopped along with the other car i was racing by a MA state trooper. i was totally honest with him with all his questions and he told me he could charge me with drag racing which is a criminal offense and i'd lose my liscense, go to jail, and have my car impounded and i'd have to appear in court (pay court fees, lawyer fees, fines, licvense reinstatement and probably take a drivng class). and on top of that he would charge me with 120 in a 65. he said becuase i was honest with him he would give a written warning for the drag racing and only charge me with the speeding (which is civil and only required that i pay a fine). although the fine is $550 (ouch), i apreciated him giving me a break and realize things could have been much much worse for me. all my firends told me to appeal the ticket in court but i'm gonna just accept responsibility for my stupidity and pay it. the officer already went out of his way to give me a break and it would be a slap in the face to him if i showed up in court to appeal when i was caught red handed.

my question for the leo's is, can anything come of this. i mean after i pay the fine am i going to get a letter in the mail telling me my liscense is suspended for x number of days for 55 over the speed limit. or do i just pay the fine and thats the end of it? i know my insurance is going to go up but i'm not worried about that. the ticket says drag racing with warning written next to it and says no action required by offender and then theres the speeding charge. no charges of wreckless driving, driving to endanger, etc. any input is apreciated.

Frank

EDIT: this is in Massachusettes by the way, no Ohio

 

[NEOH1]

The verdict is in...

This individual did not seek the advice of an attorney. He simply showed up to municipal court this morning and pled guilty. The judge looked at the ticket for a brief moment and asked why he was going so fast. He answered, "It was stupidity on my part." The judge then handed down the penalty...

$75 fine + $70 court costs


I'm pretty stunned the penalty wasn't more severe. I suppose it would have been if this wasn't an older guy with a clean driving record. :shrug:

As and OH resident. I'm also surprised. Every judge is different. :burnout:

 

[awax_cobrastang]

dont pay the ticket without talking to an attorney. this cop gave me a ticket a month ago for speed exhibition. he said i was spinning tires. anyways the cop that gave me the citation said its 2 points just pay the fine.( i was planning on fighting it i have way to many point not too). a week later i was talking to a friend of mine who is a cop and he said that if i would have just paid i would ahve lost my license for 6months. that was messed up the cop acted like it was nothing

 

[Njc0las]

.

 

[Fdawg97lx]

Yea that might suck a little. I got flicked doin 122 in a 55 and it got me a $345 fine, wrekless driving, and 8 points! They let me drive off though.. I didn't get arrested or anything. Got another one for goin 98 in a 65 out in the middle of nowhere.. That one cost me 6 points and $305. I need to get the aluminum foot mod because it's too damn heavy!!!! :kaboom:

did u lose your liscense or anything with the 122 in a 55? did u fight it in court?