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Guess My Speed and Give Me a Ticket, In Ohio

quall writes "The Ohio Supreme Court has ruled that police may estimate your car's speed and issue a ticket if they believe you were speeding. The hearing threw out a radar gun as evidence because the officer was not qualified to use it, but apparently his guess was good enough. If you make your way into Ohio, I suggest driving 5mph under the speed limit because this leaves little room to dispute your ticket in court. The only chance you have is if the issuing officer decides to skip your hearing." I wonder whether the court would also accept a driver's own GPS log as exculpatory evidence.

16 of 636 comments (clear)

  1. Next Stop: Murder! by BarryJacobsen · · Score: 5, Insightful

    Look, just because there are no missing people, no unaccounted for deaths, or any evidence of any shape or form doesn't mean you didn't commit murder. I mean, you LOOK like a murderer. A trained police officer can't be wrong...

    1. Re:Next Stop: Murder! by JWSmythe · · Score: 5, Insightful

          I've been stopped for suspicion of DUI before. Well, not stopped. I was standing outside my car talking to friends when the police showed up. The officer driving down the road, seeing us stopped and talking, could estimate my blood alcohol content. I've also been told I looked like I was going to buy drugs; speeding (without actually driving); and thinking about robbing a closed store (with my car parked in front, under a street light, on a busy street).

          Just a couple nights ago, I was (to the best of my knowledge) parked legally. I came out of where I was visiting, and saw a patrol car stopped in the road with his spot light aimed at a house across the street. I got in my car, and started the engine. The patrol car pulled up and he rolled down the window. "You weren't going to drive off while I'm running your plates, were you?" My plates?

          I played along nicely. I told him I'd wait while he did, and provided my license. In talking to him, it's illegal to park along any road in the county, even though it's not posted anywhere, and it's done all the time.

          Then we started having a nice conversation.

          We talked some more, and he said a lot of times when they spot a car parked on the side of the road in that area, it means someone's robbing a house, and they left the car in the road for a quick getaway. He was feeling me out to see if I had intended to rob someone, or if I was just leaving a friends place.

          He then warned me that besides being against the law, about half the time when they try to do a traffic stop in that area, the person will run, and that doesn't usually end nicely. Cars parked on the side of the road frequently get hit. He liked my car, and didn't want to see it damaged.

          Now he knows what I look like, and what my car is. If someone else is messing with my car, they'll get stopped. He knows I'm one of the "good guys", so it's less likely I'll be messed with.

      --
      Serious? Seriousness is well above my pay grade.
    2. Re:Next Stop: Murder! by Jah-Wren+Ryel · · Score: 5, Insightful

      See, this is the correct way to interact with the police. Be polite and friendly, build rapport, be willing to learn what the law is, and they'll be a lot nicer to you in return.

      I have made a number of acquaintances who don't understand that, won't try it, and they unsurprisingly got roughed up and written up by the police a lot.

      And you don't see a problem with that?
      The cop treats the guy like a criminal, he kisses the cop's ass and you say "good for him!"
      It may be smart, it may be the way of the world, but it is definitely NOT something that is compatible with American ideals.

      --
      When information is power, privacy is freedom.
    3. Re:Next Stop: Murder! by Ogive17 · · Score: 4, Insightful

      If there had been a rash of burglaries in the area, it's a completely acceptable police response to the guy being parked there. It's being proactive and actually attempting to catch the people doing it. Most burglaries aren't solved, sounds like they were at least trying to put an end to it.

      Not all cops are out there to make your life a living hell. You'd be surprised how well being civil to them works if you get pulled over.

      --
      "Action without philosophy is a lethal weapon; philosophy without action is worthless."
  2. Re:This isn't so strange. by afidel · · Score: 4, Insightful

    Following the suspect with a certified speedometer.

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  3. WTF? by CosaNostra+Pizza+Inc · · Score: 4, Insightful

    If he can't be trained to use a radar gun properly, then he's not qualified to guess what speed a vehicle is travelling...IMO.

  4. Re:Oh no they didn't. by flyneye · · Score: 5, Insightful

    There's a law against waiting till the cop is walking to your car, then put it in reverse, crank the wheel, floor it and flatten the crooked bastard, as well. The same sort of problem cropped up in Louisiana. Cops were targeting out of state tags and towing cars to impound for further inspection, even if you were speeding. Then you pay inflated rates for impound and your belongings were probably stolen and there would never be an investigation. So don't defend yourself against tyranny and injustice from crooked law enforcement by killing as many of the cockroaches as you can.
    That would be illegal. But then so is jaywalking.

    --
    *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
  5. That's a lousy analogy by Ambitwistor · · Score: 4, Insightful

    It's not analogous to condemning a person for "looking wrong". It's eyewitness testimony as evidence of a person's actions: "It looked like you were speeding" is analogous to "It looked like you stabbed that guy". Yes, eyewitness judgment can be wrong, but eyewitness judgment is not the same as "you look evil therefore you are guilty".

    "You look like a murderer" is more analogous to "you look like a speeder". It is quite different from "it looked like you were speeding", and has nothing to do with the case being discussed here.

  6. Re:Juries? by DoofusOfDeath · · Score: 5, Insightful

    I'm starting to think that forcing the accused (in either civil or criminal proceedings) (and later found blameless) to pay for their defense and/or court appearance is a terrible injustice within our society.

  7. Re:Oh no they didn't. by DarrenBaker · · Score: 5, Insightful

    Oh, no, don't worry - vehicular law has a get-out-of-jail-free card (pun soundly intended) in that, because automobile operation and licencing are a regulated activity, your rights don't extend to cover it. Hence why RIDE programs are legal, hence why so-called 'routine' traffic stops are legal. It's a nice grey area that your local cops live to bask in.

  8. Judges... by doug141 · · Score: 4, Insightful

    My uncle got a ticket for a speed higher than he was traveling, and the officer testified in court that speed was determined by time over distance between two very close markers. The officer thought the closer his markers, the more accurate the measurement. My uncle, a professor, tried to explain that human timing error meant that the closer the markers were, the LESS accurate the speed measurement was. The judge didn't understand, was frustrated, and finally said he thought my uncle was a speeder, and let the fine stand.

  9. Re:This isn't so strange. by Dragonslicer · · Score: 5, Insightful

    Following the suspect with a certified speedometer.

    Which, of course, requires visually estimating that your speed is approximately equal to that of the target vehicle.

    Telling whether or not an object is getting closer to you is not very difficult. It's an ability that evolved in animals several million years ago.

  10. Re:They used to have to match your speed by Sloppy · · Score: 5, Insightful

    The radar gun's debut in the 70s led to the exact same discussion we're having now with red light cams.

    Exact same discussions? They were measuring speeds with a radar gun, not confronting the alleged speeder, but then mailing them a civil citation, fining them with no opportunity to prove their innoce-- oops I mean -- have the proof of their guilt be examined by a court?

    The main issue with radar guns was technology and how much people trust equipment. The main issue with red light cams is basic due process.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  11. Watch this! by PinkyGigglebrain · · Score: 5, Insightful

    This is a great intro to why you should never talk to police. You have to show ID but you do not have to answer any questions
    Got this link off another /. story awhile back and bookmarked it because it is valid and useful.

    Never talk to Police

    In a nut shell, the police will take what ever you say and use it against you.

  12. Re:Oh no they didn't. by theshowmecanuck · · Score: 5, Insightful
    A comment posted with TFA is quite insightful with this regard (I believe his handle was 'visrey'):

    So now an officer can stop you any time they want and just say you looked like you were speeding. At that point they can ticket you for other secondary infractions that require a moving violation in order for them to stop you. Good job guys.

    --
    -- I ignore anonymous replies to my comments and postings.
  13. Re:GPS by 1729 · · Score: 5, Insightful

    There's no such thing as instantaneous speed. Velocity is always distance over time. If time is zero, that's a divide by zero.

    You didn't do well in calculus, did you?