Help with my ticket! Ohio peeps, help!
 

Oh geez.......I really hate to write this thread........but please guys, help me!

First of all, I got this speeding ticket while coming home to Buffalo, NY from Chicago, IL. I'm 19-20 years old :_doh:

I got this ticket in Oberlin, OH (Ohio people, please help me! got any friends to help me???) I was going around 80mph at 65mph....the traffic was actually moving around 80mph.....however, I was actually passing this one guy in the middle lane.......so, I went to the left lane, speed up....and *fu(k*, a cop was waiting....:hithead:
i wasn't using my radar since i was using my friend's GPS..:_doh:

then, i got pulled over....he told me that he used his stationary laser and got me speeding.....then, i told him that i was actually following the traffic....finally, he gave me a citation...and told me to call the court in Ohio to check out the fine....and send the check......

now, my questions..

I'm from NY, and they (NY dmv) said that they don't add the points from moving violation out-of-state to my nys driver license...is that true? how this actually works?

in this case, I should probably pay the ticket, right? it's really sad that it's kinda hard to plead not guilty since I have to go back to Oberlin, OH to show up in the court....what do you guys think?

the most important one, will my insurance company know about this violation if i pay the ticket and assuming that no points will be assesed to my nys license??

guys, please help me out.......what should i do? and....is there any Ohio folks that has any connection to help me?? :_bow:

thanks a lot!!

You dont have to go back to OH.

If, Ohio state allows you to fight it via the Trial by Written Declaration. TWD is what I use in CA and never had to show up in court.

I suggest reading the back of the ticket and it will show you the options if you wanted to fight the ticket.

When it's allowed to fight it by mail, then time to research the violation code. I know for a fact that you can speed momentarily to pass a slow moving vehicle. You may also speed if someone from behind is tailgating and you are switching to the slow lane. You MAY not cause to slow down the traffic. Meaning, if the traffic is moving 80mph, you should keep up with them. (This is an option but you may use this an excuse)

Goodluck

thank you very much for the reply!

actually, i read the entire ticket.........and...it seems like...the only way to fight the ticket is to go back to Ohio and appeal to the court.....

can you guys help me more about the violation code? how this work out for my insurance rate? in the condition that NYS doesn't add this up to my license..

Well if you are really concerned about it, just dont pay it. That means you cant go back to that city or area, but it shouldnt affect anything since you live in new york. My friend does this all the time. He lives in dallas and gets tickets all the time when he is in houston and doesnt pay them and when he goes back home and gets pulled over, they never know. Even if he has warrants and what not. Just a thought.

thanks again for the advice..

however, i don't think i can do that...since i have to use I-90 across ohio in order to go to my bro's place in chicago..............

any other advices? any peeps in Ohio who can help me?? =)

I know that in NYS that would never hold up. Speeding is Speeding... that's it. i wouldn't try to pull that story over on any cops as it's pretty weak. i think everyone would always use that excuse then if they got pulled over for speeding.

anyway, i would just just pay the ticket. the points won't show up on your license, but they could still show up on your insurance. if the cop asked for your license and insurance. my dad got a speeding ticket once in ohio too and just paid it off. i'm not exactly sure about the insurance end but i do know for a fact that the points won't show up on your nys license.

the insurance company i believe gets all the info they need from the dmv and then run their own point system. you could always check w/ your insurance company in a way without letting them know you got a speeding ticket if you're worried about it. or just call up any insurance company (not even your own) and ask them about the policy of out-of-state tickets.

good luck!

Actually, being an informed citizen, that is not an excuse. That is what you call the loophole. Have you heard about the state called California? Where cops and highway patrols are notorious for speeding motorists? Where they call the cops Nazis? Well, I live here in CA and I have had 3 speeding tickets dropped by the judge. Another ticket I fought was a HOV/Carpool lane which costs $320, dropped. I havent heard anyone in my life who contested the HOV/Carpool ticket. They all pay up the fine without fighting. I call them, the mis-informed citizens.

Do you still think my 'excuses' are weak?! :_please: In the world of LAW, it's called defense. :tup:

that just shows how ignorant of the law most citizens are.

After reading zen_master's situation, it looks like he was just trying to pass someone where the predator is awaiting. Like I said, you can momentarily speed up to pass someone. Its just a matter of knowing on how to analyze the violation code and knowing the law, which I think you are not capable of.

But zen_master doesnt have a choice but to appear in court personally, according to himself.

thank you very very much for your insight, guys!!

well, this is the thing..........i do want to fight the ticket...however, i'm really in dead meat situation....about 200 miles to Ohio from buffalo? omg........

u know, i feel kinda bad to just pay the fines....................that's why im asking you guys about any chance/posibilities for me to fight this ticket.....and how?

interesting..............i wonder if that will work for me..

anywho, how to actually take advantage of the driving school? here in my university, we can pay and attend the certified traffic school in the university..

my question:
1. IF i plead guilty.....paid the fine.........and assuming that no points will be assesed to my NYS license....do i need to take the class in order to "clean" my record?

2. do you guys think ohio BMV will report about this ticket to NYS DMV and put a bad record under my name? (even though NYS DMV won't add the points into my license) <-- this what my insurance company told me....that ohio bmv will send some stuff to ny and they (the insurance company) will take a look at em..

i pretended to be a new guy though...u know, i didn't say that i'm a member...hehe

Are there any of you who got the template of ticketassasins's letters?? :)

No, speeding is speeding. There are Speed limits for a reason (basically, its the environment that controls the safety of any travled road/highway/freeway and the limits are imposed for within that roads safety). The law in 99% of the states, say that speeding (over the speed limit) is against the law. Dont like it? Fight it to have that speed limit changed (it happens, we got our recently raised from 50 to 65 mph on hte freeway). Other than that, you will always be 100% wrong and at fault.

One can only pass a motorist if their "speed" doesn't go over the speed limit of the road condition/area. That's about the same law for every sate in the union.

OR did you just sleep through that portion of your Drivers Education class?

Zen, you can fight if you want, but its over something that is considered a misdemeanor, and wont even appear on your abstract or with your insurance.
Here's their law on Passing Vehicles.
http://onlinedocs.andersonpublishing...ced&2.0#LPHit1

all right.......

i think this is it. I'm gonna fight the ticket.....i think it's worthed.

by arguing that I was FOLLOWING the traffic...and what i did at that time was passing a vehicle....therefore, I'm allowed to speed up according to the law of passing vehicles...

JESUS CHRIST, i hate this, the traffic was 80mph!! im freaking serious! i was only following the traffic...and simply want to pass this guy....a small truck....u know, the size of $29.99 U-HAUL truck.

No, you should wake up and find that you have been unlawfully ticketed. You should wake up and need to start learning how to read and analyze the law.

Again, ignorance is not an excuse. I am not advocating any dangerous driving or speeding. I am simply 'trying' to help zen_master based on his statement.

One of my ticket is based on Speeding above 65MPH. I was doing 80MPH, and this is the norm on the California Highway and I got pulled over...profiling perhaps? Try driving to San Francisco on the I-5 highway where the speed limit is 75mph, 99% of them are driving at least 85mph except for trucks. Unless you drive like crazy, they wont hassle you if you drive straight and steady at 85mph. Can you honestly say you have never gone above the speed limit?

Analysis of my offense:
There are four variations of defense for Speeding. Above mentioned is one, another is 'Sped up Momentarily to Yield to Tailgater', Speed of Traffic Made it Unsafe to Drive at 65mph (everyone's going above 65mph and zen_master's case?), and the 'Aircraft enforced, Illegal Speed Trap from Air.' (can you believe that there is a defense for Aircraft Enforced Radar? Can you also believe that there is a defense for the Red Light Camera?) Wait, you wouldnt know anything about that since you are under the category of mis-informed citizen.

Now, who needs to wake up and school theyself in motor vehicle law?

Drive safe, and I suggest NOT going more than 15mph above the posted limit. I highly recommend being as polite as possible with the law enforcement officer when pulled over. Some of my tickets didnt even get written for politely talking to the officer and knowing when and how to exercise my rights as a vehicle operator.

I was wide awake and found not guilty on all of my tickets. Please dont sit here and try to sound like you have never gone the above posted limit.

OR you just heard some people talk about what is Drivers Education Program. May you should actually go, you know?

Thats what I used to win all my tickets. If you decide to use it, you will have to change the Violation Codes since that is meant for CA laws. As RipCurl said, the law is almost the same throughout the US so all you gotta do is research the violation code and try to match them up. That site has tons of information when you get pulled over and before the ticket is written. I find that more helpful and prevent doing the written declaration.

I read the article and there was NOT a thing mentioned about what you just said. Where's the word 'IF' in that article? :confused:

Wait, I know it! You are not allowed to go over your speed limit in HI because the law:

Law in Hawaii perhaps?
It states that it is illegal to travel above 65mph on any highway within the Island of Hawaii of you will end up in the water. This may endanger surfers, swimmers, volleyball players etc. :tup:

Now I see where you coming from RipCurl :)

When you reply, try to look at the above advertisements. One of the link is beatmyspeedingtickets.com. Now, do you really think that 7thgen.com is an advocate for the abuse of law? Im not saying that everybody should speed. But when you are unlawfully ticketed like zen_master and myself, then you should fight it.

Geez, Im finding more and more loopholes in your statements against me. :)

well, indeed.

I actually used the trick on that site. On of em that I remember, I told the officer that I'm following the traffic.

Now, I should've asked other stuff like the calibration, probably...

Research the violation code......that is exactly what I'm doing right now...can you help me with that too?

do you actually have the copy of ticket assasin's template? can you send me a copy so I can research the violation code ASAP?

I'm fu(king-ly going to write that written declation, i think it's worthed.

zen_master, you can subscribe to TA and only pay when or if you win. As it is unfair for the people who paid to TA and just out the template to anyone who may need it. I hope you do understand. :)

When you subscribe, make sure you read the Visors Guide. It helped me a lot on my other encounters with the law.

Good luck.

That is definitely a good way to avoid getting a ticket.

518 - you mentioned that one of your tickets was based on speeding over the 65mph. i totally agree w/ your statements about keeping up w/ traffic and not being the 'slow poke' .

Correct me if I'm wrong, but i'm guessing that the majority of roadways you travel on are highways w/ high traffic volume. the defenses you mentioned (temporarily speeding up to avoid tailgaters, passing a slower moving vehicle, etc) are probably more effective on high volume roadways.

since you've been pretty successfully in fighting tickets, what would you use for your defense in the following situation: (legitmate question, not trying to mock you out at all):

In NY, the standard speed limit is 55mph (except on I-90 (thruway) and certain other sections of highways in Buffalo, Rochester, Syracuse area). Now even in one of the 65mph zones, lets say traffic is fairly scarce (400 coming out of Buffalo - zen_master probably knows of this). You are following a car in the right hand lane at 68mph. You move out to pass the person and as you are passing them, you get up to around 75mph and at the next U-Turn sits a police officer. You get pulled over for speeding.

What would you suggest doing in this situation? A little more info regarding traffic is that you just recently merged onto the highway (and that is why you were behind a car) and when you moved over to the left lane, there were no other vehicles within a quarter-mile.


I'm just wondering how easy it would be to get out of tickets in these situations.

hmm...

thanks again to everyone for their opinions,

yes, i think i'll talk to TA about it...i actually asked them whether I can use his template on NY-OHIO traffic laws or not......they haven't reply my email back though...

I just asked the court in Ohio, well, the fine was quite reasonable...such that IF i lose this written not guilt plea, i'm okay to pay em in the sense that I did try to fight em...

Yup, I understand this situation completely...and i got no idea why it's always like that...........

Of those 3 speeding tickets, one was for the 35mph and the traffic was going 50mph. Non-highway speed limit is also known as the Basic Speed Law, and by far the easiest to win.

Merging on the highway:

We may use the Basic Speed Law. The traffic, weather, and road conditions permitted us to drive slightly above the posted maximum, we argue here that it was not illegal to do so.

We may add that you speed up momentarily to merge on the highway just so you dont hold any traffic behind you which will be a direct violation of another law. This is where the Minimum Speed Law comes in. We will argue that we should not break another law just to obey another.

In which the car you are following is already breaking the law for traveling slower. It is not your fault if the car infront of you isnt able to match the speed on the highway when merging. So, you decided to speed up momentarily to match the speed on the highway. When you are about to slow back down, the trooper pulls you over. You then include in your written declaration that you tried to explain yourself to the tropper but he/she did not want to listen.

In addition, if you were ticketed from another county, per say, 100 miles away from your county seat, you can ask the officer to have your trial adjucated to your county seat. If the officer refused, sign and write down on the ticket that you requested to have your case tried at your county seat. I doubt that the officer will still write you the ticket after getting an overwhelming request from you. What type of officer would want to drive 100 miles just to attend the hearing for a traffic violation? If he already wrote the ticket and then you asked for it, he/she may even ask you to contest it and he/she will not show up. Dude, its 100 miles from the officer's jurisdiction :hithead:

All of these suggestions are based on CA Vehicle Code (CVC) and should only be used as a guideline. Please research a similar violation code within your area before using this. I am not liable for any harm that this suggestions may cause anyone. And please be as polite as possible even if you have to fight it by mail. The judge does not like a cocky individual. He may not even read your written declaration because of that. And the LAW will always be on the peace officer's side, so be POLITE.

Obey all Traffic Laws. Buckle Up. Courtesy is Contagious.

If I am ticketed outside the California state, I will still ask the officer to have my case adjucated in my county seat. Now, at that point in time, I have no clue if there is any law in the state that I am pulled over regarding this. I will sign the ticket and write that I would like to exercise my right to have my case adjucated in my couty seat. Then I go home, and research the law in that particular state. If there is, I guess I was lucky :rofl: If not, at least I tried :tup:

I would have never known this if it weren't for TA.

Definitely OT.

zen_master, remember the alarm back-up battery and siren that you wanted to do? You can buy the battery and siren combo for $33.50. I believe its P-n-P and they will provide with DIY instructions.

Click Here For the Store Front

I havent done it yet but soon and definitely.

lucky for you CA has a 'Basic Speed Law' to use in your defense. From what I''ve seen so far, NY is without one. Granted, when doing the whole traffic merge thing, a motorist is to use the ramp to attain the general speed of traffic without slowing others down.

but in the situation i mentioned, 1 operator was merging onto the highway (and normally travels about 10mph over the posted speed limit) and gets caught behind someone (after say about 1/2 mile) that doesn't drive more than 5 over the speed limit.

hmm... that's pretty interesting information. I don't know if this would work in NY or not. that would be pretty cool though.

thanks for the info. that may help in the future if i ever encounter a situation like that. thankfully, i haven't been ticketed in over 3 years.

thanx, man!

okay........so this anderson vehicle code works for all states, right? i saw this on Ohio MV...and apparently, they're pointing into the same direction, 4511.27, the law of passing vehicle..

anyway, TA haven't reply my email back.........while i need his help........

so, can you guys keep helping me?
what's the TA template looks like? it seems that I need to replace some of the vehicle codes...ist hat true?

do you have to write your own plea? if that's true....can you guys help me?

so, "pay-if-you-win-the-case" is the rule in TA?

The anderson vehicle code doesnt go into detail and does not guide you how to fight the ticket.

However, you my friend, may find this very helpful. CA and OH has the same category in maximum speed limit, which is mixed. That means, both of our states are using the Prima Facie. The 65mph on both OH and CA is not an absolute.

Absolute: Most states have adopted the speed limit language from the Uniform Vehicle Code, which sets absolute limits. That means exceeding the speed limit is illegal per se regardless of whether or not it is safe.

Mixed: In several other states, there is a state absolute maximum speed and only limits below that are prima facie limits. State maximum speeds are 85 in Arizona, 75 in Colorado, 65 in New Hampshire and on freeways in California (unless posted 70) and Ohio, and 55 in Connecticut (unless posted 65), on two lane roads in California (unless posted higher), and on non-freeways in Ohio.

Prima Facie is applicable in OHIO only in speed limit below 55mph. Prima Facie in OH is the same in most CA state which is 65. The table on the link from MIT below shows that we are on the same category. That means, you may be able to get away as I was able to.

Primary Facie: Driving faster than the speed limit is prima facie evidence of unreasonable speed. One can argue in court that one was exceeding the speed limit but should not be convicted because the speed was safe.

Data collected based on this MIT Website

civic_khaos, this one is for you my friend.

NY maybe under the Absolute category but you cannot break the S 1181 just to obey S 1180. Again, we cannot obey a traffic law to break another law. This is our defense. You have a bigger chance of winning if your speed is not more than 30mph above (reckless in NYC). Your best speed is +15mph.

To analyze:

If speeding above the maximum speed limit is reasonable (merging on freeway and or passing or getting out of a tailgaters way) and prudent under the conditions (no traffic, no road hazards etc), then it looks like we have a case here.

quote from http://assembly.state.ny.us/leg/?cl=128&a=54

In CA: Basic Speed Law and Maximum Speed Law is combined to fight the case.

In NY: Maximum Speed Law and Minimum Speed Law is combined to fight the case.

Now, you two may donate 200 points each :rofl:

nice.......

but how to say it in the written plea?

can you help me with it? i mean........what i should do with the TA template?? i don't have the template though...........

so, for those of you who have used TA before, can you tell me the steps?

Subscribe to TA. Look at the template and you should be able to identify which part of the law should be replaced with the one for OH state. (i.e. violation code etc.) Post or PM me the part of the template you are having trouble with and I will PM you with any appropriate corrections. But you have to know which violation code, I will not do any more research for today. :hgrin:

hmmm

so, you have to pay to subscribe, right? someone said about pay-if you win rule, is that true? thanx alot man!

You are correct, you only have to send your payment after you win. Dont post your written declaration here. Try to change the things I asked you to, then send the written declation to me via email. Dont be lazy to write and change any appropriate wordings and depend on my corrections :hgrin:

When you get the so called courtesy letter, mail it with your payment along with the written not guilty plea form. The back of your ticket should say where and what form to use to plead not guilty.