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PostPosted: Mon Dec 14, 2009 11:43 pm 
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T28 Hybrid

Joined: Thu Aug 09, 2007 4:52 pm
Posts: 77
Car: 180sx
Interesting little read bout some americans -

original link- http://www.thenewspaper.com/news/29/2986.asp


"Ohio Appeals Court: No Speeding Tickets for Fast Sounding Cars
Ohio Court of Appeals rules that a police officer cannot issue a speeding ticket because a car sounds fast.

Judge Donna J. CarrThe Ohio Court of Appeals on Monday ruled that a motorist cannot be convicted of speeding based solely on how fast his car may have sounded. On October 18, 2007, Patrolman Ken Roth ticketed Daniel Freitag in the village of West Salem as Freitag was driving with his wife Jane on US Route 42. Roth claimed his radar unit clocked Freitag at 42 MPH in a 35 zone. Roth also claimed he could hear Freitag's 2006 Lincoln Navigator speeding.

"As it approached I could hear the vehicle on the roadway which based on my training and experience it is consistent with a vehicle that was in excess of the posted speed limit," Roth testified.

A trial court judge on November 16, 2007 accepted this testimony and found Freitag guilty. Freitag challenged this decision before the Ohio Court of Appeals on the grounds that the radar evidence was not admissible. The trial court claimed it had taken judicial notice of the "Genesis Radar" that Roth used, but the state failed to specify which particular radar model was used. Freitag won on the point that the radar evidence was improperly admitted, but he lost as the court sent the case back to the trial judge to rule whether the officer's estimate of Freitag's speed based on the Navigator's sound was credible. The trial court once again supported the officer and ruled that Freitag was guilty.

Freitag, however, did not give up. He appealed a second time, insisting that the officer's testimony that he could estimate a vehicle's speed by its sound or by watching a car's headlights through the patrol car's rear-view mirror was absurd. This time, the appeals court agreed.

"In weighing the evidence and all reasonable inferences and considering the credibility of the witnesses, we conclude that this presents the exceptional case, where the evidence weighs heavily in favor of Freitag," Judge Donna J. Carr wrote for the court. "The weight of the evidence does not support the conclusion that Freitag was exceeding the posted speed limit, specifically because Patrolman Roth's testimony that he audibly and visibly determined that Freitag was speeding is not credible... It is simply incredible, in the absence of reliable scientific, technical, or other specialized information, to believe that one could hear an unidentified vehicle 'speeding' without being able to determine the actual speed of the vehicle."

Calling the trial judge's ruling a "manifest miscarriage of justice," the court reversed Freitag's conviction."


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PostPosted: Tue Mar 16, 2010 1:07 pm 
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T28
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Joined: Fri Mar 05, 2010 10:42 pm
Posts: 45
Location: Nowra, South Coast
Car: 1995 180sx
This cop reminds me of all the old people staring glaring and waving there hands to slow down, even though your doing the speed limit or under just coz it sounds loud so they automatically assume you're speeding, ridiculous, i get it all the time, especially when getting up to the speed limit, i dont always make it my goal to get to the speed limit as quick as possible but my car is loud and so yeah, gaining speed revs the car, so i must be speeding apparently

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<<Ronin>> wrote:
I've been using nulon without problem, mainly because I'm a tightass.
Also has a sticker on it saying 30% less friction than other synthetics, and I LIKE STICKERS.


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PostPosted: Tue Mar 16, 2010 5:55 pm 
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Joined: Mon Sep 08, 2003 11:21 pm
Posts: 5731
Location: Sydney
Car: WGNC34,S14,AE86
I love that as well,and cop it quite regularly too.

had some random bitch on the side of the road call me a fuckwit for turning a corner and accelerating from walking pace to ~40km/h on a 50km/h posted street faster than she thought is accpetable in my stock base-model civic.

:roll:


Justin...

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STI - Made in Texas,not Japan.


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PostPosted: Thu Mar 18, 2010 2:27 am 
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T28
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Joined: Fri Mar 05, 2010 10:42 pm
Posts: 45
Location: Nowra, South Coast
Car: 1995 180sx
Yep, couldn't blv it, after I wrote my last reply, went for a drive, hadn't been on the road for about a week from a suspected broken foot, then couldn't resist and went for a drive, twice I copped it, when I was yelled at going passed, i swear i wasn't even at 30 km/h, ppl need to learn not all ppl who have a slightly modded cars are hoons and flog there cars, i try as best i can to save it all up to one day get on the track, we need a bit a slack i reckon

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<<Ronin>> wrote:
I've been using nulon without problem, mainly because I'm a tightass.
Also has a sticker on it saying 30% less friction than other synthetics, and I LIKE STICKERS.


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PostPosted: Thu Mar 18, 2010 7:03 am 
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Joined: Mon Sep 08, 2003 11:21 pm
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Location: Sydney
Car: WGNC34,S14,AE86
People just need to calm the fuck down in general.

Whether it's driving,cycling,walking or whatever else they might be doing.

There's far too much stress and agro out there these days and it's not necessary.
A little bit of extra noise from a car is not the herald of the end of the world.
Letting someone merge in front of you is not going to make you hopelessly late for whatever it is you're going to.
Signalling clearly BEFORE you do something is not a waste of effort.
Going a few km/h over the limit while rolling down a hill will not ellicit a bolt of destructive lightning from the sky signalling the police to appear from the ether and arrest you...

Justin...

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