Ohio Speeding Ticket Ruling

[Stoney FFR]

Originally Posted by ZOERA-SC7XX

You can hire a good lawyer, plead not guilty and ask for a jury trial. The cost to the state would be excessive and they will offer you a plea. Not cheap, but effective.

I'm sure things are different all over the country, so I only speak for my local court. I retired last year from being a full-time officer/detective and now work part time for the same PD in the capacity of a Bailiff. I see what happens in court all of the time now.

People don't get a better plea offer just because a Jury Trial was requested. Additionally, at a certain point in the Jury Trial process, all deal offers go off of the table. The court that I work in is always willing to offer a "standard deal" to attorneys that is a few dollars better than what would be offered to citizens. Generally a citizen can get a "deferred disposition" offer without an attorney by just coming down and entering a plea of Guilty or No-Contest and asking for the deferral option. Deferred disposition will result in a fine and driving probation for a few months. Upon completion of the probation period, the charge is dismissed. I believe most cities also offer a Defensive Driving option which will also get the charge dismissed after completion of the DD course.

Of course you can hire an attorney and he can get the same dismissal options, but you then have to pay for the attorney too. A large percentage of the population think an attorney works some sort of magic by getting the above mentioned deals, when they are actually available to anyone that qualifies and bothers to ask. There are several local attorneys I know that make a very good living off of "processing" traffic citations for clients and rarely ever step foot into a courtroom.

Jury trails aren't really expensive because the city is already paying the judge, attorney, bailiff and clerk to be at work anyway. The only extra expense would be paying 6 jurors for one day, which doesn't amount to much. They are just a pain because they take 2-4 hours out of the day. We average 5-8 jury trials a week.

[ZOERA-SC7XX]

Originally Posted by Stoney FFR

I'm sure things are different all over the country, so I only speak for my local court. I retired last year from being a full-time officer/detective and now work part time for the same PD in the capacity of a Bailiff. I see what happens in court all of the time now.

People don't get a better plea offer just because a Jury Trial was requested. Additionally, at a certain point in the Jury Trial process, all deal offers go off of the table. The court that I work in is always willing to offer a "standard deal" to attorneys that is a few dollars better than what would be offered to citizens. Generally a citizen can get a "deferred disposition" offer without an attorney by just coming down and entering a plea of Guilty or No-Contest and asking for the deferral option. Deferred disposition will result in a fine and driving probation for a few months. Upon completion of the probation period, the charge is dismissed. I believe most cities also offer a Defensive Driving option which will also get the charge dismissed after completion of the DD course.

Of course you can hire an attorney and he can get the same dismissal options, but you then have to pay for the attorney too. A large percentage of the population think an attorney works some sort of magic by getting the above mentioned deals, when they are actually available to anyone that qualifies and bothers to ask. There are several local attorneys I know that make a very good living off of "processing" traffic citations for clients and rarely ever step foot into a courtroom.

Jury trails aren't really expensive because the city is already paying the judge, attorney, bailiff and clerk to be at work anyway. The only extra expense would be paying 6 jurors for one day, which doesn't amount to much. They are just a pain because they take 2-4 hours out of the day. We average 5-8 jury trials a week.

Cops will not show up in court for a speeding ticket. At least not around here. The court gives you a new trial date and notify the cop (witness), who doesn't get paid for his time there and never shows up. Lawyers will get a minimum 500 bucks to show their face in court too. Not cheap, but you can call their bluff. Usually end up with a small fine in return for a plea. No jury will convict you for speeding unless there was an accident with injury/damage.

[DAVID GAGNARD]

Cops will not show up in court for a speeding ticket. At least not around here. The court gives you a new trial date and notify the cop (witness), who doesn't get paid for his time there and never shows up. Lawyers will get a minimum 500 bucks to show their face in court too. Not cheap, but you can call their bluff. Usually end up with a small fine in return for a plea. No jury will convict you for speeding unless there was an accident with injury/damage.

I'm sure each area is different, cops around here ALWAYS show up for court, and they get paid to do it.......If they are on duty, no big deal, they're getting paid anyway, if they're off duty at the time, the court clerk gives them a signed document stating they were indeed in court that day the cop will be paid overtime for that day.........

Around here, traffic violations are handled by a judge, no jury trial....the only way you would get a jury trial is if there were injured persons because of ones actions and then it would be more than a traffic violation anyway........

David

[Stoney FFR]

Originally Posted by ZOERA-SC7XX

Cops will not show up in court for a speeding ticket. At least not around here. The court gives you a new trial date and notify the cop (witness), who doesn't get paid for his time there and never shows up. Not cheap, but you can call their bluff. Usually end up with a small fine in return for a plea. No jury will convict you for speeding unless there was an accident with injury/damage.

Officers around here are paid OT if they have to come in off-duty, but the court scheduling system does a pretty good job of matching court appearances to an officer's on-duty time. Additionally, if the officer fails to show for a scheduled court appearance he is subject to disciplinary action, just as if he failed to show up for his regular duty assignment.

Lawyers will get a minimum 500 bucks to show their face in court too.

Well I guess lawyers have a hard time making a living in Meriden then. It would make no sense to pay a lawyer $500 to represent against a $200 traffic ticket, unless it was to prevent a ticket from going on someone's driving history for a Commercial D/L or someone that was almost out of driving points.

notify the cop (witness), who doesn't get paid for his time there

Are you really sure officers don't get paid for court?? I'm tempted to call Meriden PD and ask them what they heck is going on up there. That's really bad if that's the case. Sooo, if one of the officer gets tied up on a two week court hearing he just skips a pay check??

No jury will convict you for speeding unless there was an accident with injury/damage

Okay, if you say that's the way it is in Meriden, CT. I'll have to take your word for it. I feel confident that most cities don't have a complete and total break down of the judicial system and you can be easily found guilty of Speeding in a court of law, if you are in fact guilty. Jurors around here take their job serious, are sworn to do a job and tend to follow through with their sworn duty and render Guilty verdicts when appropriate. I certainly wouldn't recommend following your advice in N. Texas.

20/20 or Dateline should do a show on the Meriden, CT. Courts and Prosecutors Office and have them explain why no Guilty verdicts are being rendered. I would expect that quiet of bit of enforcement is being conducted out on IH-91, IH-691 and Hwy. 15/66..

I knew things were different up there in the NE, but I had no idea it was a completely different world up there...

DAVID - There are bad eggs in all walks of life. I don't think anyone is disputing that..