State v. Bardhi
2014 Ohio 1135
Ohio Ct. App.2014Background
- State v. Bardhi is an Ohio Third District Court of Appeals case (2014) reversing a speeding conviction and remanding for discharge.
- Bardhi was cited for violating R.C. 4511.21(D)(3) after a FedEx semi allegedly exceeded 55 mph in a 55 mph zone on US 24 in Paulding County.
- Trooper Foltz testified Bardhi was driving a semi and observed speeding at 67 mph via radar; no weight testimony provided.
- The statute at the time required proof that the vehicle weighed over 8,000 pounds in addition to speeding.
- The trial court found Bardhi guilty, but the weight element was not proven in the record; the video corroborated the vehicle type but not its weight.
- On appeal, Bardhi argued insufficiency of evidence to prove weight and due process due to a malfunctioning recording device; the appellate court agreed with the weight issue and discharged the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether weight of the vehicle was proven | Bardhi | Bardhi | Weight not proven; insufficiency sustained |
| Due process impact of a malfunctioning recording | Bardhi | Bardhi | Moot after weight issue resolved |
| Sufficiency of evidence to support speed element alone | State | Bardhi | Not dispositive; weight element required |
Key Cases Cited
- State v. Adkins, 2004-Ohio-2719 (4th Dist. Washington) (weight element required for 4511.21(D)(3))