Speeding ticket question for the INGO experts

[BehindBlueI's]

He said that this is not the first case like this. Officer Friendly just writes all his tickets in our neighborhood for what he thinks the speed limit should be. He claims the law is somehow ambiguous as to what the speed limit is.

If true, Officer Friendly is a tool and needs to get his backside around behind him or find a different job.

 

[ghuns]

If true, Officer Friendly is a tool and needs to get his backside around behind him or find a different job.

A slight correction: the higher up the totem pole officer is the one claiming the speed limit law subject to a certain amount of "local" interpretation. She has now been to the office at the county/city build that houses such records under subdivision one of the IC code you posted. Our county ordinance reads...

(K) Unless otherwise designated, speed limits shall be as follows:
(1) Thirty mph in any urban district; and
(2) Fifty-five mph in any non-urban district.
(1981 Code, § 22.08.020) (Ord. passed 8-24-1942; Ord. 133-78, passed - -1978; Ord. 48-05, passed 5-10-2005) Penalty, see § 70.99

There is no argument to be made that the area of the incident is somehow "urban".

There is another chapter with exceptions to the above section K, but my road appears nowhere on it.

If the county police feel like enforcing a speed "limit" subject to anything other than the above, shouldn't I also be free define "limit" as an ambiguous term subject to interpretation? Great. Now I'm getting pi$$ed.

 

[Tactically Fat]

I have always been nailed on US33, near Willshire. You'll be in a line of cars, goin with the flow, doing just over 60 and pass an Ohio Highway Patrol car. Bam, he'll pick you out every time. I asked my dad how they always got me, he said you have no front license plate. Easier to pick out the out-o-staters, close to the state line and let them provide the funding than to pi$$ off the locals. The officers have been the most courteous and professional ones I have ever dealt with. Almost apologetic.

One time, with a minivan load of kids and the 100 pound family dog, I was pulled over. He came up to the passenger side window and asked for my license and registration. The dog, a yellow lab, didn't like him that close to wife and let him know. He talked to the dog the way women talk to babies and in a few seconds the dog was crawlin over the wife to meet his new friend. He asked where I got the dog, he knew the breeder, knew my dog's family tree better than I did. Talked about duck hunting, field trials, etc. He finally said, hold on for a sec, I'll be right back. I'm thinkin we bonded, we're cool. No way I get a ticket.

A minute later he comes back and hands me a ticket. I was like, WTF man! I let you pet my dog! The worst part, as we are driving away, the dog is looking out the back window and whining. Effin traitor.

I'm through there all the time. ALL. The. Time. And I've NEVER seen any cops through there. Never any Adams County Mounties, nor any Van Wert County Mounties nor any Ohio Staties. Ever. I have inlaws that live in Decatur and in Rockford, OH. I'm serious when I say I'm through there all the time. You must have some right bad luck.

Of course, I set my cruise at about 62 if I'm in IN and about 60 if in OH. On the larger roads like US 24 from Ft. Wayne to Defiance (where I have even more inlaws) - it's 5 over. I DO see an Ohio statie every once in a while on that route.

One day, I want to provoke one of the Rockford, OH cops to pull in behind me. I think it'd be great fun to see his face as I pull in to his bosses' driveway for a cookout.

 

[BE Mike]

The charge was speeding. It is irrelevant to the basic charge (speeding) if the limit is 40 mph or 55 mph. You would do well to ask for a deferment.

 

[ghuns]

I'm through there all the time. ALL. The. Time. And I've NEVER seen any cops through there. Never any Adams County Mounties, nor any Van Wert County Mounties nor any Ohio Staties. Ever. I have inlaws that live in Decatur and in Rockford, OH. I'm serious when I say I'm through there all the time. You must have some right bad luck...

Grandma and Grandpa lived in Lakeview, Ohio. Used to make the trip a lot. I got it twice on the way there, twice on the way home in 25 years of driving, so it wasn't that common. But in the same time period, I got one ticket in Indiana soooo... There seemed to be a pattern to me.

I think it'd be great fun to see his face as I pull in to his bosses' driveway for a cookout.

I'd pay to see it. I have never seen townies or county cops with anyone actually pulled over on US33. Always highway patrol.

I know this sounds like a Penthouse letter but, one of those 4 tickets was from a super-hot redhead highway patrolWOMAN. She was all like, license and registration please. And I was all like, what's the problem baby?

And then my wife was all like

 

[ghuns]

The charge was speeding. It is irrelevant to the basic charge (speeding) if the limit is 40 mph or 55 mph. You would do well to ask for a deferment.

And Officer Friendly would do well to know a fundamental part of his job better than the people who he serves and protects. I don't expect a county police officer to know the finer points of Tort law, but he should know the speed limit on the roads he patrols and patrol accordingly.

 

[Thegeek]

Just did a virtual drive on that road in Google. No posted speed limit signs for quite a distance.

If you get busted and say "I didn't know", you'll get the "ignorance is no excuse". I think this is a fair standard to hold the officer to. Speedlimit is 55 on that road. Being pulled over because the officer thought it was a 40 is a wrongful stop. Although, 62 in a 55 is still illegal. Pay the ticket and move on.

 

[jamil]

Grandma and Grandpa lived in Lakeview, Ohio. Used to make the trip a lot. I got it twice on the way there, twice on the way home in 25 years of driving, so it wasn't that common. But in the same time period, I got one ticket in Indiana soooo... There seemed to be a pattern to me.



I'd pay to see it. I have never seen townies or county cops with anyone actually pulled over on US33. Always highway patrol.

I know this sounds like a Penthouse letter but, one of those 4 tickets was from a super-hot redhead highway patrolWOMAN. She was all like, license and registration please. And I was all like, what's the problem baby?

And then my wife was all like

Eh, could have been worse:

 

[JTScribe]

Tagging for interest.

 

[9mmfan]

It's a shame about Officer Friendly. I know several county officers and they are outstanding. Hope all works out.

 

[BE Mike]

And Officer Friendly would do well to know a fundamental part of his job better than the people who he serves and protects. I don't expect a county police officer to know the finer points of Tort law, but he should know the speed limit on the roads he patrols and patrol accordingly.

Your argument isn't relevant to this particular case. If the young man was speeding...he was speeding. As far as the officer's behavior goes, I don't see that he did any thing really wrong from what you said. If you're looking for another shoulder to cry on, look elsewhere.

 

[Fargo]

You really shouldn't take legal advice from the inter webs. I would consider contacting the traffic prosecutor. You might show him this case:

http://www.in.gov/judiciary/opinions/pdf/03261401lmb.pdf

 

[bigretic]

it's been 40mph on unmarked county roads since I go my license (in the 80's)

 

[cce1302]

it's been 40mph on unmarked county roads since I go my license (in the 80's)

No it hasn't.

See above. It's been posted at least 4 times already in this thread. 55.




And to the OP, I hope you stick it to St Joe County Police. Some of them are real jerks. I listed several of them by name in my correspondence with the judge.

 

[GodFearinGunTotin]

Interesting thread.

FWIW, when I lived in Tennessee, the speed limit on an unmarked county road was 30mph. And those wreckless driving tickets sting...boy do they sting.

 

[BugI02]

My last two tickets were in Ohio. I paid the fines, or Ohio out of state driver's tax, as like to call it, and went on with my life. Never got points on my Indiana DL for them either. Them Ohio boys are really good at picking out cars with no front license plates.

That's because it's their primary target for the laser and thus they notice immediately that its missing (reduced range for a lock)

 

[BugI02]

Well, in my case, I was going 60 in a 55, headed toward Marysville to a client site. It was at night, and foggy. Due to the fog, I never saw the speed limit reduced from 55 to 45. The nice sheriff's deputy (IIRC) nailed me shortly after the speed reduction. I wasn't trying to speed, but still my fault for not noticing the reduction. I paid my local revenue contribution tax. No big deal.

Water under the bridge, but Ohio Revised Code sez a speed reduction like that requires a warning sign ('45 ahead' or some such) at least 1500 feet ahead of the demarcation, 500 ft on secondary roads. Was written to be specifically anti speed trap.

 

[patience0830]

I was gonna give the benefit of the doubt and go for student of INGO history, but ya never really know.

Perhaps the screen name he wanted was phoenix? But a quality post, nonetheless.

 

[Kirk Freeman]

You really shouldn't take legal advice from the inter webs. I would consider contacting the traffic prosecutor. You might show him this case:

http://www.in.gov/judiciary/opinions...3261401lmb.pdf

I love Byrd soooo much.

 

[Mike Elzinga]

Normally I'd be big on the whole " he did wrong, pay the fine" but this seems like a load of garbage. Officer Friendly wrote a wildly inaccurate ticket. I'm ok with him giving the kid a stern talk on driving safety, but he is clearly a known jerk and he wrote a bogus ticket and apparently has done so before. This is a very rare circumstance where I'd personally fight it. Also curious the last time his radar gun was calibrated?