Please help Ohio speeding ticket...

[bkentTour]

Driving from Kent Ohio to Columbus Ohio Labor day. On I-71 South by Ashland Ohio. It's pouring rain, I'm behind a semi, 2-3 cars in middle lane. I had my 3.5 year old son in his carseat (sleeping) and my 100 lb German Shepard in the car.

I'm doing 65-70 and all of a sudden everyone in my lane starts hitting their brakes. No cars in the passing lane but some on my right (3 lane rd) so I signal and pull into the passing lane to avoid slamming on the brakes. Well lo and behold a Statey is in the middle clocking. I have a cobra radar/laser detector that has never failed me as far as going off when a cop is clocking the area. Cop pulls out as I pass and pulls me over. He comes up to the window and asks if I know why he pulled me over. I say "no". He says I clocked you at 82 in an 80. So I'm thining WTF? 80?

I ask him "are you sure you clocked me, I have a radar/laser detector that didn't go off." He says yes, but I could tell he was doubting himself. He looked real young. I asked to see the gun. He only gave me the option of leaving the car running, with my son and dog in it, and walking back to his car. I did (even though I didn't like the idea of leaving my son in a running car) and the gun said 80. I said "I thought you told me 82", he replies I said 82 then corrected myself.

He rights me a ticket for 80 in a 65 for a fine of $60????? I thought it should be way more, but he checks off moderate traffic, cloudy, and rain. Also he adds the laser gun was # 9 and 1516' i.e. distance clocked. What I know happened is he didn't clock me, he saw 80 on his gun, out pulls a red SVT Contour w/ Tinted windows, so I get the ticket.

How should I fight this?

This would be my third in 1 year (all crazy circumstances) but this the first time I wasn't speeding.)

 

[FordSVTFan]

Laser is just about impossible to fight. As it is car and lane specific, unlike radar. He has to look through the unit at your vehicle and acquire it and then he gets his reading. So he knows exactly which vehicle he shot.

I am sorry if I missed it, did you say you werent speeding? Did accelerate when you got into the passing lane?

Good luck

 

[bkentTour]

I may not have been clear enough, I was behind lots of cars and had no line of sight to the officer. When the semi 2-3 cars in front of me first saw the officer (we were coming around a slight curve/hill in the rain) he hit his brakes. I then pulled out into the passing lane to avoid hitting my brakes in the rain. I was doing about 70.

My laser detector never went off at all. I believe he clocked someone speeding but it wasn't me as not only was I not speeding, my laser detector didn't go off at all.

Let me pose this question. Can a LEO accurately pick out 1 car at 1500' in moderate traffic, cloudy, and rain? My argument is that he didn't even clock me, but pulled me over anyways.

What would I need to do to not get points? Arrive early and tell prosecuter I'll plead guilty to non points offence?

Ask to see the calibration for the laser gun that day? If so do you ask in advance?

I really need help...

 

[FordSVTFan]

You said you were doing 70mph! That is speeding if the limit is 65!
As for your detector not going off, that is not an accurate tool for determining if you were hit with laser.

You should ask to see his operator cert, making sure it is current, as well as the calibration records of the unit.

Laser can easily pick out a car at 1500 ft. Unless you are saying visibility was less that 1500 ft on the ground.

 

[bkentTour]

My main point is that he did not have line of sight to clock me at all. When I was 1500' from him there was a semi, and 3 cars in front of me. He didn't even see me until I was 200-300' in front of him when I pulled out to avoid hitting the brakes.

Should I ask for the operators cert. and calibration ahead of time or in court?

Thanks for your help, as I said I've never fought a ticket when I felt I was at fault. This time I wasn't clocked and I feel he picked the red car to pull over by default...

 

[FordSVTFan]

Dont be silly, there is no "red car" default. Plus to most cops your cars is a red small family sedan. Additionally as I said, laser is specific and he would know exactly which car he hit with it. Also it might have been a situation where someone else actually shot you will laser from a different location and he is the one that pulled you over.

Dont ask for the stuff in advance. He should have it at the time of court. If he doesnt it might be dismissed, so dont give him warning to bring it.

 

[bkentTour]

thanks for all the help. Like I said he seemed real young and kinda nervous (rookie?). He told me he clocked me going 82 in an 80 at first which left me perplexed.

Some people have told me to talk to the prosecuter ahead of time and agree to plead guilty to a no points offence and pay the fine, is that a good idea too?

 

[FordSVTFan]

Read the ticket FAQ at the top of the donut shop. Third offense in one year, the prosecutor isnt likely to do that!