Quote:
Originally Posted by hancoveguy
Thats excellent but what is your basis for "willful or wanton disregard" if you can't "estimate" that what they are doing is willfully and wontonly disregarding public safety etc....Is there an objective "brightline" standard for willful and wanton? And if so, without estimating that they are speeding, how do you satisfy the criteria?
Also, you cited a criminal statute not a traffic infraction. Just so I understand this... its not okay to issue a speeding ticket (non criminal infraction) based on estimation only but you can summons someone into court or arrest, (both will give someone a criminal record) based on an estimation?
I am clearly not following your logic, make me understand plz.
HCG
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You asked: “What do you do?”
So I looked up the Traffic laws for the Operation of Motor Vehicles in Ohio and found that section. I guess I was wrong.
I just think that estimating speed by eye shouldn’t hold up in court. If you can’t use a radar gun because you aren’t certified then you shouldn’t be out on patrol for that reason. Stop the vehicle and give him a warning and then get yourself certified to use a radar gun.