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Eric Christopher Nemecek

Eric Nemecek’s Answers

2 total

  • Proving innocence regarding a speeding ticket in Cleveland, Ohio?

    I was on my way to work when I was pulled over by an officer for going 50 in a 25. He took my info wrote me the ticket for speeding and passing on the right, neither of which i was guilty of. Not until later did I realize most everything on the ti...

    Eric’s Answer

    None of the misstatements on the ticket are probably enough, in and of themselves, to get you out of the speeding ticket. However, they may be enough to convince the Judge that the Officer has no credibility and, therefore, the court should not believe his or her testimony regarding the speeding/passing on right. For instance, if the Officer could not correctly note the color of the vehicle or expiration date of the license - facts which were observed while the vehicle was stopped on the side of the road - how can the court believe that he accurately witnessed the conduct while you were driving your vehicle.

    I would also look to see what means the officer used to gauge your speeding (e.g. was it simply visual, or did he use radar/laser). If the latter, there may be issues with calibration and/or the Officer's ability to use, explain, or otherwise testify concerning the machine. If it is simply the Officer's observation, remember that the Ohio Supreme Court has recently found that an officer's unaided visual estimation of speed is sufficient to support a speeding conviction. However, the Officer must first testify as to training and experience on visual estimations.

    Finally, it may be that the Officer will simply fail to appear at court on the hearing date. If that happens, move the court to dismiss the case for want of prosecution when the matter is called. Depending upon the courtroom that you are in (assuming it is Cleveland Municipal Court), the judge may or may not take the bench on time. Obviously, the later the court commences, the more time the officer has to appear. It may also be in your interest to hire counsel to assist in the examination of the officer, or to have your case called more quickly when you are in court.

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  • I was convicted of a felony 20 yrs ago (1990-91) - What do I need to do to clear my record & how long does the process take

    My convictions were drug possession (4th degree felony) & carrying concealed weapon (CCW), not sure the degree on that one - What can I say, I was young & dumb

    Eric’s Answer

    In order to clear your record, you would need to apply to have your record sealed. This application would be made in the Court where the conviction(s) occurred. It is important to note that not all offenses or individuals will qualify to have their records sealed. I would recommend contacting an attorney in order to determine whether you meet the eligibility requirements for having the record sealed. A common bar to eligibility is the commission of prior or subsequent offenses. There can also be issues where, as here, there are multiple convictions stemming from a single course of conduct. Furthermore, certain offenses cannot be sealed per legislative directive. Whatever the law is at the time of filing will control whether you meet these eligibilty requirements (rather than the law that existed at the time that the offense was committed).

    Assuming you meet the eligibilty requirements, a Motion ("Application to Seal Record") would be drafted on your behalf and submitted to the appropriate court/judge. The Motion will set forth the required factors that the court must consider prior to ruling on the Motion. Once received, the State would have an opportunity to file a Motion in Opposition to your request. The Judge will then consider the filings and, in all likelihood, schedule the matter for an oral hearing. At that time, the parties (defendant/peititioner, counsel, and the State) would be permitted to address the court in support of their respective positions. The court will then issue an Order. If the court grants the request, the Order will be forwarded to the appropriate government entities directing them to seal all records of arrest, conviction, charge, etc.

    The amount of time that the process takes will depend upon a number of factors, including the following: how long it takes to obtain the information and prepare the Motion; whether the State opposes the request; and the particular courtroom/judge with jurisdiction over the case. A fair estimate is between thirty (30) and ninety (90) days.

    Although a person is able to file the request on their own, I highly suggest contacting an attorney to assist in the process. The attorney should be able to advise you as to your eligibility as well as prepare the necessary documentation on your behalf.

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