June 7, 2010

No Radar Love in Ohio

The Supreme Court of Ohio ruled Wednesday that a “police officer’s unaided visual estimation of a vehicle’s speed is sufficient evidence to support a conviction for speeding in violation.”

In 2008, Mark Jenney was issued a ticket for traveling 79 mph in a 60 mph zone. At his municipal trial, the charge was revised to 70 in a 60 mph zone. Radar results were deemed inadmissible at all trial levels.

Traffic violation cases are increasingly becoming the locus of a fundamental reinterpretation of the rights of the accused, in ways that already begin to set a wider precedent for shift the burden of proof from the accuser to the accused.

Take, for example, the 2009 case of Gant Bloom in St. Louis, who fought — and won — his red-light camera ticket appeal. Representing himself, Bloom successfully argued that he could not be charged with running a red light, because the city could not prove beyond a reasonable doubt that he, rather than his girlfriend, was the driver of his BMW at the time of the incident.

The recent ruling in Ohio provides yet another reason why Missourians ought to be concerned about how traffic cases are handled, lest this nascent precedent that abrogates the rights of the accused for traffic violations be spread to other states and other areas of law.

A project of the

 


Download the Show-Me Institute's iphone app. Download the Show-Me Institute's android app. Sign up for the Show-Me Institute's RSS feed
Follow the Show-Me Institute on Facebook Follow the Show-Me Institute on Twitter Watch the Show-Me Institute on YouTube

The views expressed by each contributor to this blog are those of that contributor alone, and do not necessarily represent the views of the Show-Me Institute.

Welcome to the official blog of the Show-Me Institute. Here you'll find daily commentary by Show-Me Institute staff and scholars.



Recent Posts

View a random entry.

Archives

Categories

Links

Missouri

Free Market

Sister Organizations

Powered by Wordpress