Legal Question in Traffic Law in Ohio

Use of Laser during movement

I was recently pulled over for speeding in a commercial vehicle. The speed limit is 65mph for cars and 55mph for commercial vehicles over 4 tons. I had my cruise control set at 58. The officer stated on the citation that he clocked me doing 68mph using laser while he was traveling in the opposite direction. Does the officer have to be immobile when using laser. He also marked on the citation that I showed proof of insurance, which I never did cause he never asked. What are my chances at having this citation dismissed. This is a mistemeanor and could carry a high fine and possible jail sentence since I have received more than 1 violation within the past 12 months. This also occured in a commercial vehicle.


Asked on 7/03/01, 11:09 pm

1 Answer from Attorneys
Brian Halloran Brooking and Halloran, PLLC

Re: Use of Laser during movement

My understanding of the laser system is that the officer must be stationary and aiming the device at a flat object on the vehicle (ie: license plate, etc..) for the device to work properly. It seems to me that if the officer was moving and unable to properly aim the laser device to get an accurate reading, that he was operating the device outside of the manufacturers guidelines. Request the Manufacturers Guidelines in discovery as well as the certification of the officer to operate the laser device. You may have a chance to get the speed reading suppressed. Good luck.

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Answered on 7/05/01, 1:34 pm


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