Quote:
Originally Posted by 01WS6
well ill be sure to let you all know the outcome of this, as i always do on here when i ask for help. The prosecutor and the cop have all refused a plea bargain with my lawyer, but that could change
Go to plol.org (it's free) and do a search under your statute #. You'll get plenty of results like this:
2004 Ohio 4990
State of Ohio, Plaintiff-Appellee,
v.
Carolyn Caplan, Defendant-Appellant.
Case No. 03 MA 91.
Court of Appeals of Ohio, Seventh District, Mahoning County.
Dated: September 17, 2004.
Her charge was the same as yours, she was convicted, she appealed and won her appeal. In her appeal, she raised two issues . .
Constitutionality of the statute because it is so vague . . the appeals court wouldn't address this because the issue was not raised at trial. Dumbass lawyering?
Weight of the evidence . . the court concluded she was right. All the details are in there. I found this to be of particular interest:
{¶18}
The only absolute mandatory duty in the statute is to "proceed with caution." The duty to change lanes is a conditional duty that is dependent upon certain factors such as road conditions. Therefore, the key consideration here is whether or not it was possible for appellant-motorist to safely change lanes as contemplated by the aforementioned traffic provision. Appellant said she could not. (Tr. 16). The arresting officer said she could. (Tr. 9).
Her case was remanded back to the original court for a new trial. There is no information as to an outcome, if any, but I'd be very surprised to learn the prosecutor wanted to expend too many additional resources on relatively small potatos.
If you read it through, you'll get an idea of what's important to the court and how they see things. If your lawyer is any good, he's already aware of this (or similar) case(s) and can use it's outcome to help reinforce your case before trial.
I'd send you a link to make this easier but you have to register to get to this page. I've been registered here for over 2 years and have never received any spam, etc.