[01WS6]

If i plead guilty it will be changed to failure to yield to an emergency vehicle in my home state which is FOUR points. A four point ticket will likely get me fired so i have to fight it.

[cdswans]

I did a quick search using only the statute #. I found 2 Ohio cases on appeal for which your statute was the "probable cause" for traffic stops that resulted in convictions for OUI/DWI. Their premise is that your statute is so vague, there really was no probable cause to stop the drivers who were ultimately convicted of OUI/DWI. Both convictions (OUI/DWI) were upheld becuse in both cases, the cops were justified to stop them, just like they did you . . in their expert opinion . .

It's important to note . . they were appealing OUI convictions, not "move over" convictions. In either case, the State probably dropped the "move over" charge to prevent it from interfering with the OUI charge. It's still a reasonable stop, whether or not the charges were dropped.

One of the cases states clearly that there is very little "case law" regarding your statute. In other words, cases like yours, however disposed, don't get appealed. That tells me that A, those who get the tickets usually mail in the fine and forget it, or B, if they do get in front of a Jodge, the statute is so vague that the cases get thrown out; no conviction = no appeal = no case law, and C, lawyers, in general, think your statute is vague.

If your lawyer gives you the "I think I can get this done but it will cost you . . " routine, you have a scumbag for a lawyer.

I've got about 2 hours into this so that'll be $1500, thank you. Sorry, no checks.

Now, beat it.

NEXT CASE!

[chuck3507]

It doesn't matter what the ticket is you should always fight it. I had a friend that beat an 11mph over speeding ticket. He just kept appealing it until it reached a judge that didn't have time for it and dropped the charges. It did cost him about a thousand dollars though. He had to beat it because before he got his cdl he got stopped driving his dodge dually pulling a tandem axle gooseneck and was told he qualified for commercial use.

[01WS6]

Originally Posted by cdswans

I did a quick search using only the statute #. I found 2 Ohio cases on appeal for which your statute was the "probable cause" for traffic stops that resulted in convictions for OUI/DWI. Their premise is that your statute is so vague, there really was no probable cause to stop the drivers who were ultimately convicted of OUI/DWI. Both convictions (OUI/DWI) were upheld becuse in both cases, the cops were justified to stop them, just like they did you . . in their expert opinion . .

It's important to note . . they were appealing OUI convictions, not "move over" convictions. In either case, the State probably dropped the "move over" charge to prevent it from interfering with the OUI charge. It's still a reasonable stop, whether or not the charges were dropped.

One of the cases states clearly that there is very little "case law" regarding your statute. In other words, cases like yours, however disposed, don't get appealed. That tells me that A, those who get the tickets usually mail in the fine and forget it, or B, if they do get in front of a Jodge, the statute is so vague that the cases get thrown out; no conviction = no appeal = no case law, and C, lawyers, in general, think your statute is vague.

If your lawyer gives you the "I think I can get this done but it will cost you . . " routine, you have a scumbag for a lawyer.

I've got about 2 hours into this so that'll be $1500, thank you. Sorry, no checks.

Now, beat it.

NEXT CASE!

I hope your right about it being thrown out of court, because I really dont think any judge is going to take my word over a law enforcement officers. I think my only real hope is the fact that the cop has no way to VERIFY the speed I was going when i passed him, other then his visual ESTIMATE. It seems the way that law is written that if i was going 64mph when I passed him I would have been following the law since there is no specific speed listed to which I was supposed to slow down to. Note that like I said before, I was going more then 10 miles under that speed when i passed him. The fact that im pulling a 53 foot trailer with 45000 pounds in the back also helps explain why i couldnt move over OR stop on a dime like the officer would have liked me to do. I'll be taking my bill of lading with me to court that day showing the weight of my load and a few photos representing traffic conditions and the clear obstruction of view that another tractor trailer has even while at a safe following distance, so the cop cant say that i should have seen him a mile away. Hopefully the judge will understand that I cant control the actions of other drivers in cars and trucks alike when they are passing me. As far as an appeal goes, how many do I get? Just one? And If I lose and do appeal does that stop the citation from being put on my record until the new hearing is done with?

[Rev.Vassago]

Originally Posted by 01WS6

I hope your right about it being thrown out of court, because I really dont think any judge is going to take my word over a law enforcement officers. I think my only real hope is the fact that the cop has no way to VERIFY the speed I was going when i passed him, other then his visual ESTIMATE.

He didn't give you a speeding citation, so the actual speed is irrelevant. The citation he gave you is SUPPOSED to be based off his subjective opinion. In this case, it appears he was correct, since you already admitted to being only 10 mph under the speed limit.

[01WS6]

Im glad your not the Judge then because id really be ****ed wouldnt I?

[cdswans]

Originally Posted by 01WS6

I hope your right about it being thrown out of court, because I really dont think any judge is going to take my word over a law enforcement officers.

You need to get that idea out of your head. It's your court that you pay for. You're going in with a lawyer and a lawyer is an officer of the court every bit as much as the LEO is.

It's not your word against the cop's. It's the presentation of the facts and the application of the law. This case comes down to 3 questions:

Did you move over as the law requires? No, you couldn't, as the law anticipates.

Did you slow down as the law requires? Yes, you did.

Were you operating in a safe manner, consistent with the conditions? You say you were and you have a living, breathing cop and an intact cruiser to prove it.

Case closed. Unless he's got dash-cam video showing his hood lifting, a bunch of dust flying and your trailer doors . .


There's a narrow stretch on SB 405 around Renton, WA where I had the misfortune of running out of fuel during rush hour. I made it into the breakdown lane with five tires against the right hand concrete barrier and five on the fog line. The cars and trucks that passed real close rocked me and those that gave a little room didn't. Your cop may have fealt threatened, as I did, in my circumstances. I'm guessing that's why you got the ticket but you didn't do anything wrong.

[Rev.Vassago]

Originally Posted by cdswans

Did you slow down as the law requires? Yes, you did.

10 mph is not what the law requires.

[01WS6]

Maybe in Texas it isnt but Ohio doesnt have a REQUIRED amount of mph that you must reduce speed.

[Rev.Vassago]

Originally Posted by 01WS6

Maybe in Texas it isnt but Ohio doesnt have a REQUIRED amount of mph that you must reduce speed.

Which means that it's up to the cop to decide whether you met the provisions of the law. And he has already said you didn't.

Hey - you may be able to get off on this ticket. I hope you do. But I have my doubts. Please make sure to let us know what the final result of it is.