why is this a non-waiverable ticket?

[mkathyf]

What is the name of your state (only U.S. law)? Ohio

My daughter received a speeding ticket. She was traveling 71 in a 50. (I know...that's another topic)

Anyway, the offense is written: 433.03, but the officer told her it was non waiver-able and that she would have to appear in court; which she did today. The judge asked her if she had representation. She told the judge that she didn't know she was supposed to, so the judge told her to come back in December and told her that this offense carries a maximum of 30/39 days in jail and a $250 fine. Needless to say she is terrified and freaking out!

Anyway, I looked at the Cleveland Municipal website and 433.03 is listed as waiverable offense.
There is no "B" after her violation code.
So, does anyone know if the mph have changed and they just haven't updated their website, or if there is any other reason why she would need to go to court with representation?
Her ticket does not list any priors, but she does have a speeding ticket in 2013 and 2009, in another county.

SPEEDING TICKETS WITH CODES 433.03 OR 4511.21
If you were 25 miles or less over the speed limit your ticket is waiverable
If you were 26 miles or more over the speed limit a court appearance is required

SPEEDING IN SCHOOL ZONE TICKETS WITH CODES 433.03B OR 4513.263B1
If you were 15 miles or less over the speed limit your ticket is waiverable
If you were 16 miles or more over the speed limit a court appearance is required

So, any insight from any of you experts will be greatly appreciated.

 

[Zigner]

How old is your daughter?

What is the name of your state (only U.S. law)? Ohio

My daughter received a speeding ticket. She was traveling 71 in a 50. (I know...that's another topic)

Anyway, the offense is written: 433.03, but the officer told her it was non waiver-able and that she would have to appear in court; which she did today. The judge asked her if she had representation. She told the judge that she didn't know she was supposed to, so the judge told her to come back in December and told her that this offense carries a maximum of 30/39 days in jail and a $250 fine. Needless to say she is terrified and freaking out!

Anyway, I looked at the Cleveland Municipal website and 433.03 is listed as waiverable offense.
There is no "B" after her violation code.
So, does anyone know if the mph have changed and they just haven't updated their website, or if there is any other reason why she would need to go to court with representation?
Her ticket does not list any priors, but she does have a speeding ticket in 2013 and 2009, in another county.

SPEEDING TICKETS WITH CODES 433.03 OR 4511.21
If you were 25 miles or less over the speed limit your ticket is waiverable
If you were 26 miles or more over the speed limit a court appearance is required

SPEEDING IN SCHOOL ZONE TICKETS WITH CODES 433.03B OR 4513.263B1
If you were 15 miles or less over the speed limit your ticket is waiverable
If you were 16 miles or more over the speed limit a court appearance is required

So, any insight from any of you experts will be greatly appreciated.

 

[mkathyf]

She is 26 years old.

She was having some concerning medical issues, and her doctor (in Canton) was going to see her and perform an ultra sound if she could leave work and get down to Canton by a certain time.
She was in very bad pain and not quite thinking clearly, as she needed to get to the doctor.

I DO lecture her about her driving. This will be her wake up call. And, being alone in the city, she wasn't sure what was going on.

 

[Indiana Filer]

She is 26 years old.

She was having some concerning medical issues, and her doctor (in Canton) was going to see her and perform an ultra sound if she could leave work and get down to Canton by a certain time.
She was in very bad pain and not quite thinking clearly, as she needed to get to the doctor.

I DO lecture her about her driving. This will be her wake up call. And, being alone in the city, she wasn't sure what was going on.

That's scary!! I'm glad she didn't cause anyone to be injured while driving. She should NOT have been driving at all. She has very poor judgment

 

[mkathyf]

I would say she wasn't thinking clearly because of the pain. She normally has very good judgement, but was desperate to try to get in to see a doctor. Sometimes, circumstances make us do things or behave in a manner which is not the norm for us.

So...do you have any suggestions on my initial question....why she needs to appear in court when she was going 21 miles over the speed limit and the violation states 25?

 

[bestracer500]

Use her pain as the defense

I would hink about useing the pain as a defense, she was in pain and on her way to the docter and was distracted! show proof that she was on her way to an appointment.

 

[Indiana Filer]

I would say she wasn't thinking clearly because of the pain. She normally has very good judgement, but was desperate to try to get in to see a doctor. Sometimes, circumstances make us do things or behave in a manner which is not the norm for us.

So...do you have any suggestions on my initial question....why she needs to appear in court when she was going 21 miles over the speed limit and the violation states 25?

Perhaps they think she needs to lose her license since she's not able to drive properly nor make good decisions. It sounds like they might be trying to protect the community from a dangerous threat.

 

[mkathyf]

Officer admits error on ticket

Ok...the saga continues.
I was able to speak to the ticketing officer. When I asked why he wrote her ticket as an M4, he replied that anything over 20 miles per hour over the speed limit is an automatic M4 and you have to appear in court.
When I told him that the ordinance says 25, he said it was 20 within the city.
I told him my information was from the Cleveland Municipal website, and he was surprised and said "Oh, maybe the law has changed"

SPEEDING TICKETS WITH CODES 433.03 OR 4511.21
If you were 25 miles or less over the speed limit your ticket is waiverable
If you were 26 miles or more over the speed limit a court appearance is required

He told me he would support changing the ticket, but I had to call the Clerk of Courts and they would take care of it. Their first reaction, as has been the case each time I called, was "why did he write 433.03 as an M4?"
Of course, they can't change the ticket, so my daughter still has to go to court and loose another 1/2 day of pay.
And, hopefully the ticketing officer will be there and hopefully he will be good to his word.

Does she need a public defender? The only time to meet with one is between the hours of 12 and 4...which is impossible because she works on the east side and would have to miss more work. Trying to call to speak to someone is impossible and leaving a message doesn't yield any return phone calls.

Any thoughts or comments?

 

[Zigner]

I think that she needs to handle this herself. If she is unable or unwilling to do so then yes, an attorney would be appropriate.

 

[mkathyf]

I concur. And, she has been trying to handle this herself. But, because of the nature of her job, she doesn't have much time to step away and use the phone. So, I have offered to step in to try to reach people and get some answers.

So, what is your take on the fact that the officer was (admittedly) in error by writing the ticket as an M4?

 

[Just Blue]

I concur. And, she has been trying to handle this herself. But, because of the nature of her job, she doesn't have much time to step away and use the phone. So, I have offered to step in to try to reach people and get some answers.

So, what is your take on the fact that the officer was (admittedly) in error by writing the ticket as an M4?

I would think you child does not work 24/7. So she would be able to post here when she has a free moment. FreeAdvice IS open 24/7.

Mom...encourage your baby girl to be a grown up.

Blue

 

[stmfitr636]

I concur. And, she has been trying to handle this herself. But, because of the nature of her job, she doesn't have much time to step away and use the phone. So, I have offered to step in to try to reach people and get some answers.

So, what is your take on the fact that the officer was (admittedly) in error by writing the ticket as an M4?

Would her employer allow her 30 days off?

If not, then perhaps she should take a day off and go to the courthouse and clear this up... as likely, only she can do.