Are You Speeding? Sure, If an Ohio Cop Says So

by Chris Cassidy · 2010-06-04 06:24:00 UTC
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Mark W. Jenney is a 27-year-old man from Akron, Ohio who fought a speeding all the way to the state supreme court.

Nearly two years ago, Jenney was pulled over for violating the speeding limit by an officer who said that Jenney was going at least 79 mph in a 60-mph zone. Nothing unusual about that. Except, that is, there was no evidence to suggest Jenney was actually driving that fast — all the officer was going on was the fact that he'd watched Jenney drive by and decided the car was moving too quickly. Jenney's message for the officer who pulled him over? Damn your eyes.

Most states require more than a cop's guesstimate of a driver's speed, but Ohio's high court bucked that majority. This week, the Ohio Supreme Court announced their 5-1 decision in Jenney's case, determining that a police officer's eyeball estimate is sufficient evidence to support a speeding violation.

The Columbus Dispatch reports that this is bad news for "speeders across the state." Wrong. As John Cole observes at Balloon Juice, "This ruling doesn’t effect just speeders, it effects everyone, because you are now a de jure speeder so long as a cop says so."

The state argued that this wasn't just any patrolman who pulled Jenney over. It was an officer of the law trained in estimating drivers' speed, and experienced at watching traffic. I don't know too many Ohio cops, but I'm guessing the state trains all patrolmen in guesstimating cars' speeds, meaning that any traffic cop can pull you over for speeding, no matter what — and there's nothing you can do about it.

Shocking, isn't it? A state's high court just ruled that, in a he-said-she-said, if he is a cop, she's officially breaking the law. So much for innocent till proven guilty.

Photo Credit: eek the cat

Chris Cassidy writes on law, judicial nominations and the Constitution as they pertain to criminal justice reform and women's rights.
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