I got a school zone ticket and I want to get a copy of the city ordinance I allegedly violated.?

Question

It's ticket fighting time! I got clocked going 39 in a 35 zone, Middleburg Heights Ohio, that would be a 20 zone during school zone hours. I think the officer may have used the wrong city ordinance, 1134.03BLU. This just doesn't look like a city ordinance to me. I found the case docket online and it stated I violated code 434.03 which looks more like a real city ordinance. If the officer used the wrong code I should be able to get the ticket dismissed as evidence correct? Would the actual code be available at a middleburg liabrary? I have already plead not guilty at the arrignment and have a trial set for 7/19/07. Another mistake on the ticket is it says "proof of financial responsibility shown" and checked "yes" The officer never even asked for insurance! I remember this clearly as I was expecting it, he just never asked. I'm thinking I could use this to cast doubt on the officer's credibility somehow. I do have insurance of course. Only other defenses general radar issues

I forgot my best defense of all. The ticket was issued at 13:52 (aka 1:52) and I have evidence that the school does not let any students out until 2:10.

Crap, Cora is right it is a sloppy 4 that looks like 11. Sounds like my only real hope is how the city defines school zone in the code.

Additional question, is there a way to get all the contested court cases involving this officer? If so, would I be able to introduce court records as evidence to impeach this officer's testimony? I just did an online search and found a claim where this officer had a claim dismissed for not calibrating the radar after a lunch break. I foresee a line of questioning like..... "how many tickets have you given, rough estimate, in the last year?" Ok, 1000? And how many of thos tickets were given using a radar that had npt been calibrated? None? Boom slam the documents on the table!!

A tip for those wanting to be chosen as the best answer; the purpose of this question was so we could all brainstorm and find me a way out of this ticket. A lecture or o/w taking the officer's side is not likely to do well! LOL

Answer 1

School hours means the time that school is in session, not the time the kids are let out. On the sign it should say something like 7am to 4:30 pm or some time frame not just when the kids are on the street. The reason he or she didn't ask for your insurance papers is because it came up when the tag was ran. It is a common mistake with some officer's on the city codes because all the give us is a book with about a million codes in it. If you go in and tell the judge you were doing 39 in a 35 it is still speeding they will find you guilty anyhow. Good luck you know you were speeding and are just trying to get out of it by one officers simple mistake it is not going to work.

Answer 2

Here's the thing, usually a school zone speed limit is designated from 7:00am-3:00pm (this will differ in some cases) but it is set in between those hours. If you were clocked at 1:52pm, you're still within the time frame of "school hours", it doesn't matter that no school traffic is anticipated by you. Now from what it sounds like, the officer checked off that you had insurance, he just didn't bother to ask. So in a sense he did you a favor (what if you hadn't had insurance?) Since you've already plead not guilty, you'd better make an understanding case, because something tells me you're going to have to pay like a $180 fine and most likely get some points on your license. Just don't sound like a pompous jerk when you get up there.

Answer 3

I'm not sure about your best evidence. Most school zones are in effect all day. Usually until 4. So even if no kids are out, you are in violation.

As for insurance, not a big deal. I doubt the judge will care either way about that. The officer probably doesn't ask for insurance and checks that box.

Wrong ordnance, you might have a case. Or you might not. Depends on the judge. Also, something to consider. Here (no idea about Ohio) it is perfectly legal for an officer to correct a ticket if he notices a mistake. So he may have been going over his log, noticed he wrote the wrong ordnance and fixed it.

If you want the ordnance, go to city clerk's office.

As for general radar issues. I dunno, everyone says you can get out of tickets for that. I have been in court dozens of times and have seen hundreds of speeding tickets pass through. Never seen one thrown out. Had one last week, guy tried to attack the radar's certification and all that. Did not fly one bit once the city showed all of the radar unit's paperwork to the judge.

Answer 4

i would encourage you to go ahead with the trial.
the officer probaly gets overtime and could use the
extra money i am sure.

i always like someone contesting a citation i write.
they usually end up looking like a fool in front of a
whole courtroom.

citations can be amended to whatever the correct codes
are as these are changed by state legislature constantly.

just remember, the officer didn't come to your job and try
to tell you how to do everything.

bet you wouldnt have any problems with him saving your
or your family from death though, would you?

Answer 5

"1134.03" versus "434.03" looks like a typo or a handwriting error. A "4" could look like a "11" depending on how it was written.

Generally, trying to argue that the typo made a material difference in your notice of the offense charged is going to be a tough sell to the judge. Especially since the error was corrected on the case docket, and you have actual knowledge of that correction.

Answer 6

Go to the town's webpage. I am sure they post the ordinances there

Answer 7

go to your city courthouse and ask...

I still don't think you'll win..Your in a school zone..it doesn't matter!