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  1. #1
    Join Date
    May 2012
    Posts
    2

    Default School Zone Speed Violation

    My question involves a traffic ticket from the state of: While driving through a school zone in a rural area where the school sits back from the road. How can you be issued a ticket for speeding when the lights on the school zone sign are not flashing and there are no designated hours on the sign as to when the speed limit is in effect. The highway patrol says it does not matter if the kids are out you have to slow down but you cant tell when the kids are out from the road. The code 4521.11 is so vague as to this I dont understand. Can anyone fill me in this happened in ohio

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,573

    Default Re: School Zone Speed Violation

    First of all, if you were cited under 4521.11, it should be an easy dismissal, since 4521.11 does not exist. My guess is that you were cited for speeding or a school zone violation (both of which are covered in 4511.21) or for disobeying a Traffic Control Device (4511.12). Which was it?

    Barry
    Where am I going? And why am I in this handbasket?

  3. #3
    Join Date
    May 2012
    Posts
    2

    Default Re: School Zone Speed Violation

    Sorry 4511.21 typed it backwards

  4. #4
    Join Date
    Jun 2011
    Posts
    23

    Default Re: School Zone Speed Violation

    Quote Quoting john spies
    View Post
    Sorry 4511.21 typed it backwards
    Yeah, you're pretty much out of luck:

    (1)(a) Twenty miles per hour in school zones during school recess and while children are going to or leaving school during the opening or closing hours, and when twenty miles per hour school speed limit signs are erected; except that, on controlled-access highways and expressways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by division (B)(4) of this section and on freeways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by divisions (B)(9) and (10) of this section. The end of every school zone may be marked by a sign indicating the end of the zone. Nothing in this section or in the manual and specifications for a uniform system of traffic control devices shall be construed to require school zones to be indicated by signs equipped with flashing or other lights, or giving other special notice of the hours in which the school zone speed limit is in effect.
    Basically they don't have to put up signs for what hours, nor do they have to have operating flashing lights. If there's kids outside, the speed limit is 20. You could try to make the argument that you couldn't see the kids, but I doubt it would fly. Generally if it's during the school day I assume that I need to go 20 to be safe.

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