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CriminalDefense
CriminalDefense, Attorney
Category: Traffic Law
Satisfied Customers: 16367
Experience:  7 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
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i got a speeding ticket (by laser) over memorial day weekend

Customer Question

i got a speeding ticket (by laser) over memorial day weekend in delaware county ohio construction zone for doing 72 in a 55 but there was no work being done - no workers on site. i have not paid the ticket and i have a court date next week. i did not take the court date the officer put on the ticket, i asked for an extension. i heard in ohio if there are no workers on site they can not double fines. the regular speed limit is 65. the officer checked on the ticket traffic was light but it was really more moderate to heavy since it was memorial day weekend and there were cops pulling people over everywhere along the highway. how can i get this dismissed?

Submitted: 1 year ago.
Category: Traffic Law
Expert:  CriminalDefense replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. I certainly understand the situation and your concern. To get the ticket dismissed, you are going to need to attack the face of the citation and/or the officer themselves. It is certainly in your best interest to retain a traffic ticket defense attorney to represent your legal interest. The first thing which they will want to do, is review the face of the citation and see if there is a legal basis to get it dismissed. If not, they will then have to look over the facts of the case and decide if it is in your best interest to work out a plea deal or to take the case to trial and make the State prove the allegation(s) against you. The officer will need to be present. If he/she fails to appear at trial, the case will likely be dismissed, unless a continuance is granted by the Judge, upon the showing of good cause. If the officer does appear, your attorney will be given a chance to cross examine them and attack their credibility. The attorney is going to want to inspect their documents and log book, to make sure that the speed measuring device was properly calibrated, that they have the citation logged and are certified to use the equipment. Moreover, they will question them about their training and experience, trying to create doubt that they may have not known what they were doing and improperly measured your speed. They will also raise any other possible defenses, which you may have, to try and obtain a finding of not guilty.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.

so you don't know about ohio law concerning construction zones if no one is working at the time?

Expert:  CriminalDefense replied 1 year ago.
If not workers are present then there would be a mitigating factor for the court to not double the fine. However, it still would not be a defense to dismiss or excuse the alleged speeding violation, since you were still in violation of the speeding limit, no matter if it was 55mph or 65 mph, as you were going 72mph. You or your attorney could always argue you were charged under the wrong code/statute seeing how you were alleged to be speeding in a construction zone but that would be an issue at trial, since facts and testimony need to be taken.
Customer: replied 1 year ago.

what does attack the face of the citation mean?

Expert:  CriminalDefense replied 1 year ago.
I would be happy to clarify. It means to see if there was an error on the way it was written ,if the proper code/stature was cited and if there is any legal basis to dismiss it, based upon how the officer issued it.
Customer: replied 1 year ago.

i have a couple friends who are lawyers (not traffic lawyers) and they both said i do not need a lawyer for a speeding ticket. why do you say i need one?

Expert:  CriminalDefense replied 1 year ago.
It is not mandatory but if you are looking to fight this and go to trial, you should be familiar with your arguments and how to attack the officer and the facts surrounding the issuance of the citation. If you tell them you want to fight this, it is possible they will change their opinion. If they still say you do not need one, ask them why. If they are not traffic lawyers nor understand the process, they may think you can just go in and take a plea deal and walk away. That is certainly true but you said you wanted to fight this and get it dismissed so in my opinion, it is best to be prepared and know what is going on.
Customer: replied 1 year ago.

maybe fight was the wrong term. i am looking to get it dismissed without going to trial and i thought you could give me some solid ways in which to do that.

Expert:  CriminalDefense replied 1 year ago.
If you are looking to get it dismissed without going to trial then you need to 1) see if the officer issued the citation incorrectly and attack it on the face, which would give the Judge a legal basis to dismiss it or 2) ask if the court officers any type of diversion program for a driver like you, who has a clean record and has not received a citation within the past few years. There has to be a reason/basis for the dismissal. A driver can not simply enter the court room and say they made a mistake or just tell their version of what happened and expect the Judge to dismiss it. If it is an issue of fact, testimony needs to be taken and it has to go to trial.
Customer: replied 1 year ago.

is a diversion program the same as traffic school? i am familiar with traffic school.

Expert:  CriminalDefense replied 1 year ago.
Any type of diversion program typical does involve driving school and requires you to not receive another citation, within a period of time set by the court. If you can elect driving school, which would result in a dismissal, that is something you could inquire about or should have done, if it was offered.
Customer: replied 1 year ago.

so there are no tricks of the trade you can divulge that would make an easy dismissal?

Expert:  CriminalDefense replied 1 year ago.
I am sorry to say but there are no tricks. A dismissal prior to trial is based upon the citation itself. First, read the code/statute under which you are charged and make sure it is at least applicable to the citation. Also make sure that the officer wrote the laser number/model on the citation and that the speed is written in as well. Accuracy is key on the citation and if something is missing, then you can motion the court for a dismissal.
Customer: replied 1 year ago.

while i appreciate your time, the info you gave me was info i already knew. i do not think i got my money's worth but i guess i will be charged anyway.


 


thank you for your time.

Expert:  CriminalDefense replied 1 year ago.
Actually, you will not. You can request a refund. You are under no obligation to rate/accept my answer and can contact customer service now so you will not be charged. I am sorry that you were not satisfied but the information which I provided you was exactly how an attorney would attack the case for his/her client. Please feel free to use our service again in the future or let me know if you have any other questions. Thank you.

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