Court of Appeals of Ohio, Sixth District, Williams
Court No. TRD 1700106
L. Fisher, Bryan City Attorney, for appellee.
H. Duggan, for appellant.
DECISION AND JUDGMENT
1} Appellant, Gregory Johnson, appeals the judgment
of the Bryan Municipal Court, finding him guilty of operating
his motor vehicle in excess of the speed limit following a
trial to the bench and ordering appellant to pay a fine of
$45 plus court costs. We affirm.
Facts and Procedural Background
2} On January 6, 2017, Ohio State Highway Patrol
Trooper Allison Kindler observed appellant operating his Ford
pickup truck on State Route 15 in the city of Bryan, Ohio.
According to Kindler's radar, appellant was traveling at
a speed of 67 m.p.h. at the time. The posted speed limit
along State Route 15 is 55 m.p.h. Kindler proceeded to
initiate a traffic stop and appellant was cited for operating
his motor vehicle in excess of the speed limit in violation
of R.C. 4511.21(D)(1), a minor misdemeanor.
3} Following pretrial proceedings, a trial before
the bench was scheduled to occur on March 2, 2017. On
February 16, 2017, appellant's counsel sought a
continuance of the trial by filing a "motion to continue
and convert trial to pretrial, " due to a conflict with
another matter pending before the Williams County Court of
Common Pleas. Although the trial court had previously granted
continuances in this case (one continuance requested by the
state and one continuance requested by appellant), the court
denied this motion on February 27, 2017. Two days later,
appellant's counsel filed a "second motion to
continue and convert trial to pretrial, " once again
asserting the scheduling conflict as the basis for the
motion. This time, appellant's counsel provided more
detail as to the nature of the scheduling conflict, stating:
[T]he undersigned is scheduled to participate in a pretrial
in State v. Buchs. This is a twenty-five count
indictment including felonies of the first and second degree.
The case at bar is a minor misdemeanor. * * * An assistant
attorney from the Ohio Attorney General's Office, L.M.
Powers, is traveling from Cleveland for this pretrial.
March 1, 2017, the trial court denied the second request for
4} The next day, appellant appeared before the court
for trial without counsel. The state called Trooper Kindler
as its only witness. She testified that she measured
appellant's speed at 67 m.p.h. with her radar, which she
indicated had been recently calibrated according to the
device's requirements. Kindler testified that the
radar's speed reading was consistent with her visual
estimation of appellant's speed.
5} At the conclusion of the trial, appellant was
found guilty of operating his vehicle in excess of the speed
limit, and the trial court ordered appellant to pay a $45
fine and court costs of $167.40. Appellant then entered a
timely notice of appeal.