Ohioans Now Safe to Sound Off Like They've Got a Pair.

The Ohio Court of Appeals on Monday ruled on a speeding conviction case, and found that a motorist cannot be convicted of speeding based solely on how fast his car may have sounded.

Daniel Freitag was ticketed on October 18th of 2007 by patrolman Ken Roth while he was driving on US Route 42. Freitag was claimed to be  doing 7-mph over the post 35 speed limit, as clocked by Roth’s radar gun. Roth also asserted, in addition to the radar reading, that 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.

A trial court judge  found Freitag guilty based on Roth’s testimony and the radar reading. Freitag appealed the verdict on the grounds that the radar evidence had been improperly admitted, which he won, but lost the appeal on the patrolman’s claim that his Lincoln sounded like it was speeding.
A second appeal ridiculing the officer’s assertion that he could determine a speeder by sound was successful, and the case was thrown out. Now Ohio drivers may ply the highways and byways of the state safely with the knowledge that they are immune from the vagaries of the long ear of the law.
Source: [Thenewspaper.com]

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  1. muthalovin Avatar

    I simple to not care for Ohio. I am pleased that I do not have to take off the Flowmasters and replace with stock when traveling through that state, however.

  2. Alff Avatar

    Serves him right for yelling, "Bwaaaah, waaaaahhhh, waaaaahh" as he drove past the cop.

    1. TheOnlyCannoli Avatar

      I got pulled over because my friend yelled oink-oink out the window as we passed a cop. Is that the same thing?

  3. Tim Odell Avatar
    Tim Odell

    Sure, one can tell the difference in sound between a car that's going fast Vs slow…but I will eat my hat if you can tell the difference between 35 and 42 with any repeatability.
    Also: ticketed for 7 over? Weak.

    1. highmileage Avatar

      My thoughts exactly; 7 over? The cops' ex must have gotten his Navigator in the settlement and he has a hate-on.

    2. smalleyxb122 Avatar

      I'm going to do all of my driving in Ohio one gear low. The Fiero can do highway speeds in third. I'm going to sound like I'm hauling ass.

      1. rennsport964 Avatar

        Exactly. Once, a pedestrian yelled at me for going too fast (actually lunged at me!). I looked down at the speedo – 35mph, the posted speed limit. Maybe the fact that I was in second had something to do with it.

  4. engineerd Avatar

    This calls for a song:
    (A') Soundin' fast on the … highway
    I Fought the Law and … I won
    I Fought the Law and … I won
    I DQed radar, to the … cop’s dismay
    I Fought the Law and … I won
    I Fought the Law and … I won
    I floored my baby and I feel so rad
    I guess my race is on
    Well, she's the best car … I've ever had
    I Fought the Law and … I won
    I Fought the Law and … I won

    1. CptSevere Avatar


  5. CptSevere Avatar

    It's nice to know that in the unlikely event that I ever find myself in the land of Ohio, the ground-shaking bellow of my F100's fearsome dead stock 240 straight six won't endanger my freedom.

  6. Age_of_Aerostar Avatar

    Just got back on a drive through Ohio, somewhere on I-80 as I drove past, a vehicle emerged from the shoulder, and headlights came on.
    That has got to be one of the worst feelings in the world!
    Slowed down, didn't use the brake, and the cop paced me for about 5 (heart pounding) minutes, then pulled back onto the shoulder. Maybe I'm glad I never got around to installing a louder exhaust!

  7. PowerTryp Avatar

    Well I commented on this over at Jalopnik so I won't repeat here. Now in relation to that picture at the head of this article, is any one ever going to make a kit car of the Mach 5 cause I'd sell my left testy to get one.

  8. Kelsie Avatar

    the Ohio highway state patrol sucks…
    i’ve lived here my entire life, and so has my parents.
    the bad thing with ohio cops, is they hide. (which is illegal btw)
    and there’s a new rule now that states if you ‘look’ like you’re speeding, a cop can pull you over without any proof.
    all he has to say is ‘it looked like they were speeding, so i pulled them over’… and it’s done.
    so whether you were speeding or not, you’re screwed.
    not to mention, in most states it’s the ‘5 is fine, 10 you’re mine’ rule.
    in ohio it’s ‘none is fine, 1 you’re mine’. ha
    i can’t wait till i get out of ohio.
    if it wasn’t for all the cops, it wouldn’t be so bad.