I fought the law and the law won
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New Member
Joined: 02-15-2009
Posts: 10
From: Sylvania,Ohio
I fought the law and the law won
Heading to work yesterday and catch up to several left had lane huggers.. whip around them and approaching an exit there goes a State revenue inhancer off to wherever. Pass the left hand lane huggers and the state cop on the right. Going 75 in a 65 zone. If the state cop doesn.tlight me up and cross back through all that gravel and crud on the median, and latches on my tail/
To make a long story longer, tells me that I disrespected his position of authority in front of other drivers and so he has to write me a ticket, Hates to do it because he really likes my HHR-SS (09-victory red) but I dissed him.
Steaming hot by this point, I said,"had nothing to do with it being August30 and a little behind on state revenue enhacement?
As I said I fought the law,well sort of, and the law won
To make a long story longer, tells me that I disrespected his position of authority in front of other drivers and so he has to write me a ticket, Hates to do it because he really likes my HHR-SS (09-victory red) but I dissed him.
Steaming hot by this point, I said,"had nothing to do with it being August30 and a little behind on state revenue enhacement?
As I said I fought the law,well sort of, and the law won
Deceased
Joined: 06-30-2010
Posts: 25,739
From: Kannapolis NC
You may be able to fight the ticket depending on how he wrote your violation up, passing on the right is legal in Ohio per the following statute....
4511.28 Overtaking and passing upon the right of another vehicle.
(A) The driver of a vehicle or trackless trolley may overtake and pass upon the right of another vehicle or trackless trolley only under the following conditions:
(1) When the vehicle or trackless trolley overtaken is making or about to make a left turn; (self explanatory)
(2) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(This means if there are multiple lanes of roadway in the same direction, one vehicle may pass another on the right)
(B) The driver of a vehicle or trackless trolley may overtake and pass another vehicle or trackless trolley only under conditions permitting such movement in safety. The movement shall not be made by driving off the roadway.
(This means you may not use a paved or unpaved SHOULDER to overtake and pass on the right)
(C) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
Strictly speaking, flouting police authority is a grey area of the law, so the citation may be contestable.
4511.28 Overtaking and passing upon the right of another vehicle.
(A) The driver of a vehicle or trackless trolley may overtake and pass upon the right of another vehicle or trackless trolley only under the following conditions:
(1) When the vehicle or trackless trolley overtaken is making or about to make a left turn; (self explanatory)
(2) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(This means if there are multiple lanes of roadway in the same direction, one vehicle may pass another on the right)
(B) The driver of a vehicle or trackless trolley may overtake and pass another vehicle or trackless trolley only under conditions permitting such movement in safety. The movement shall not be made by driving off the roadway.
(This means you may not use a paved or unpaved SHOULDER to overtake and pass on the right)
(C) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
Strictly speaking, flouting police authority is a grey area of the law, so the citation may be contestable.
Senior Member
Joined: 10-06-2011
Posts: 1,150
From: Mesa, AZ
You may be able to fight the ticket depending on how he wrote your violation up, passing on the right is legal in Ohio per the following statute....
4511.28 Overtaking and passing upon the right of another vehicle.
(2) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(This means if there are multiple lanes of roadway in the same direction, one vehicle may pass another on the right)
.
4511.28 Overtaking and passing upon the right of another vehicle.
(2) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(This means if there are multiple lanes of roadway in the same direction, one vehicle may pass another on the right)
.
Deceased
Joined: 06-30-2010
Posts: 25,739
From: Kannapolis NC
Exactly, it would depend on whether the citation was issued for speeding or passing on the right.
If it was issued for speeding whether the passing maneuver was legal or not, then the primary violation would be operating at an unlawful speed.
Where the OP could contest the speeding violation is on the grounds of how his speed was determined, radar, vascar, aerial observation, or the officer's visual estimate of his speed.
Visual determinations and estimations of a vehicle's speed in relation to surrounding traffic tend to be somewhat innacurate.
If it was issued for speeding whether the passing maneuver was legal or not, then the primary violation would be operating at an unlawful speed.
Where the OP could contest the speeding violation is on the grounds of how his speed was determined, radar, vascar, aerial observation, or the officer's visual estimate of his speed.
Visual determinations and estimations of a vehicle's speed in relation to surrounding traffic tend to be somewhat innacurate.
Senior Member
Joined: 08-03-2011
Posts: 683
From: Western MD
I agree with Mike - depending on how the LEO determined your speed, you may have an argument.
I would also question the ticket because you supposedly "disrespected" the LEO. Not very professional of him to let that be a reason to stop someone and write a citation. Maybe a warning, but not a citation. What level was the LEO? State, County, Local?
I would also question the ticket because you supposedly "disrespected" the LEO. Not very professional of him to let that be a reason to stop someone and write a citation. Maybe a warning, but not a citation. What level was the LEO? State, County, Local?
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