The Ohio Supreme Court decided in 2010 that a cop’s VISUAL determination of speed is all that is needed to support a speeding ticket. The facts show that an officer gave a ticket to the defendant for going 79 mph in a 60 mph zone. He testified that he was trained and tested to guesstimate speed to within 3 or 4 mph back in the Police Training Academy. The case is silent on how often he is re-tested, but indicates that he has made 'hundreds' of visual estimations since then. It doesn’t say if his estimations were measured against radar.
He estimated the defendant’s speed to be 70mph and had a Doppler radar that showed 82. However, at trial the officer failed to produce his 'papers' showing him to be certified in the radar so the conviction was based solely on his testimony and estimate of speed.
The Ohio Supreme Court held that the officer’s visual estimate was sufficient to support the conviction. The reason? He passed the OPOTA training course and was 'experienced' at estimating speed.
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Well, I've been a Watchin them since I was a kid. I've been a part of the group labeled Crazy Conspiracy Theorists every single time. And subsequently shown to have been correct. And, since I am an experienced observer and have proven my ability to Spot and identify BULLSCHITT, I am callin This ruling Excessive Bullschitt.
ReplyDeleteHow about the old fashioned way? Cop I knew was on patrol with another guy, going through a neighborhood with frequent complaints of a speeder. Speeder went by a couple blocks away, and by the time they turned around and got over there, speeder's car was parked in the driveway. The two cops got out and started pretending to measure something on the windshield. Speeder, watching through a crack in the curtains, came out and asked what they were doing. They told him they were using a new procedure that gave a vehicle's speed by the diameter of fresh bug splatter, and that their measurements showed he had been doing 67 mph in the 35 mph zone. Speeder protested loudly that he was only going 50. They got him to sign off on going 50, with speeder happy to show them who was boss.
ReplyDeleteTraffic "enforcement" has absolutely nothing to do with safety. It's about generating "revenue". Using the "law" to transfer wealth from the citizenry to the "system". As such the court will only dismiss a ticket when they have no choice. No other recourse. It's one of the biggest most lucrative rackets in existence.
ReplyDeleteActually being a retired peace officer in Ohio and having passes the OSHP Speed Measuring Device course there are a couple of things incorrect in the article No officer is 'certified' on radar. Yes it is and has been based on visual observation and you are re-tested every shift. For the course you had to be within 5mph average for 75 vehicles (confirmed by radar and the instructor) to pass just that section. Radar has 9 errors that if the officer is not paying attention can cause a mis-judgement on the vehicle's speed. Experience is a good metric, provided the past experience is accurate and correct. The problem is teaching judgement. For the comment about enforcement having nothing to do with safety, that is not accurate. I have watched drivers doing 65mph through the school zone with elementary school children walking to school but if they see the cruiser they suddenly slow to 20mph. Same for subdivisions or intersections or stop signs, ect.... They do not care about the safety of other but do worry about their own wallet. If you are trying to get out of your driveway you know the time/distance of a vehicle travelling the speed limit on the road but will "mis-judge' if the vehicle is 'only' speeding. The first time you crawl into a wrecked vehicle and the person is dying because the other driver didn't want to obey traffic laws, your mind will change.
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