Ohio

Alleged Speeders May Get a Break

By Cleveland Law Library

Alleged speeders may get a break under a new decision issued by Ohio's 9th District Court of Appeals. On Monday, that Court reversed a $100 ticket issued to a truck driver who was allegedly going 67 in a 55 mph. zone on I-71. The Court's decision in Case No. 07CA0018-M hinged on the fact that no expert had established that the laser gun was accurate during lower court proceedings in Medina Muni Court. The Court specifically noted that the Muni Court was not authorized to take judicial notice of the scientific accuracy of the device under Rule 201 of the Ohio Rules of Evidence. According to the Court, Rule 201 would allow for judicial notice to be exercised only if the trial court, in a reported opinion, or the direct appellate court, in a reported or unreported opinion, had determined that the device was scientifically accurate. Neither court had issued such an opinion before the truck driver's case went up on appeal in this case. Interestingly, as an aside, the Appeals Court noted that it accepted the driver's statement of the facts inasmuch as the Medina Municipal Prosecutor failed to file an appellate brief. Click here for a brief article about the decision from newsnet5.com.

Full post as published by Cleveland Law Library Weblog on April 30, 2008 (boomark / email).