Feb 17, 2010: Yup...you read it right. Apparently some folks take seriously a vow to fight a speeding ticket all the way to the Supreme Court!
The legal issue focuses on whether a police officer can gauge a vehicle's speed and issue a ticket strictly on the basis of what he sees and not rely at all on a radar gun. The speeding ticket at issue came in July 2008, when motorist Mark Jenney was driving on state Route 21. Copley Patrolman Christopher Santimarino said he clocked the vehicle on radar going at least 82 miles per hour in a 60-mph zone. As a kind gesture to save Jenney additional costs, a court appearance and points to his driver's license, Santimarino said he wrote the ticket for 70 mph. Jenney maintains he was doing the speed limit and that the officer's radar caught a speeding tractor-trailer that was passing his SUV.
At trial, Barberton Municipal Judge David Fish tossed out the officer's radar reading after Santimarino failed to provide proof of his certification training on the device. Instead, Fish relied on Santimarino's police training to visually mark a driver's speed and found Jenney guilty of traveling 70 mph.
Appellate courts based in Chillicothe, Columbus and Warren have agreed that an officer's visual reading can support a conviction for speeding. Courts based in Cleveland and Lima have found the opposite.
All this over a $100 to $300 fine??
See the full Story on Ohio.com Speeding case in Supreme Court:Fairlawn man challenging whether police officer can issue ticket based on sight, not radar gun
Litigation Topics and News Relative to Accident Reconstruction
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