How to appeal and prove that the city has no proof of what speed I was going?
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How to appeal and prove that the city has no proof of what speed I was going?
They say I was going 65 in a 50 speed zone. I have no memory of this nor does the
day match what was my schedule at the time. The video they showed me was very
brief and did not give evidence that I had been going that speed. Please help me
I have not been working and have no money…
Asked on January 17, 2017 under General Practice, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can get the rules for an appeal from your county court clerk's office. However, an appeal will NOT likely work. When you appeal, you don't get a whole new trial; rather, the court hearing the appeal reviews the "record" from the first trial and decides if the court made a mistake. But much more often than not, the appealing court will agree with the original court, or least refuse to "reverse" it, especially if the issue is fundamentally factual--that is, how the judge interpreted the evidence and testimony presented to him. There is a considerable "deference" accorded the original judge in how he/she interpreted evidence and evaluated witness testimony, since he or she heard it live in court; there is an unwillingness to lightly second guess the determination of the judge on the spot.
That's not to say that appeals never work, of course--but they lose much more often than they win.
Also, based on experience in traffic cases, I can tell you that the courts almost always believe the trained, sworn, and "neutral" (no personal stake in the outcome) officer over the driver (who, after all, has reason to lie or at least remember things creatively). Saying that you remember things differently almost never works in traffic cases.
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