Speeding, Ticketed for VC 2133.03(a)

[white17]

My question involves a traffic ticket from the state of: Ohio 2133.03(A)
states No person shall operate a motor vehicle at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface and width of the street or highway, and any other conditions, and no person shall drive any motor vehicle in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead. ticket notes over speed limit, and unsafe for conditions

could i argue that the officer stepped into the highway to signal me to pull over ; so i couldnt be going at a greater speed that would premit me to stop within the assured clear distance ahead when i was able to stop with hiting the officer? i was going 10 miles over the limit and this law has no reference to speed limits. any suggestions?

[That Guy]

could i argue that the officer stepped into the highway to signal me to pull over ; so i couldnt be going at a greater speed that would premit me to stop within the assured clear distance ahead when i was able to stop with hiting the officer? i was going 10 miles over the limit and this law has no reference to speed limits. any suggestions?

All of that would depend on all the facts that you left out such as your speed, the distance from the officer when he stepped onto the roadway to stop you... And you may have been able to stop before hitting the officer but it is also possible that you may have been driving too close to another vehicle

[white17]

Over Limit 56 in a 45( Construction Zone)
payment=dry
visibility=clear
weather= no adverse

I tired to locate a speed zone study that was done on that area of the highway with the reduced speed limit be it appears that there is no evidence of one.
Now given that there is not an engineering study and/or the officer doesnt bring it i was hoping my defense would be that without this study it is hard to prove that my speed was less than resonable or proper . There was no other driver in front of me and the officer was aprox 6 feet away from my car when he steeped out, which i was able to bring my car to a stop within the assured clear distance ahead of me.

[bam!]

There is no way the officer was 6 feet from you and stepped out.

[That Guy]

There is no way the officer was 6 feet from you and stepped out.

^^^AGREED^^^

And here is why it makes no sense whatsoever.... You simply contradict yourself:

Now given that there is not an engineering study and/or the officer doesnt bring it i was hoping my defense would be that without this study it is hard to prove that my speed was less than resonable or proper .

So you're not denying the 56 in 45, you're simply are looking to prove that it was neither unreasonable nor improper.

And yet in another sentence, you're suggesting that the officer "suddenly stepped out in front of you" when you were "6 feet away from him" and not only were you able to stop safely, you were able to stop from a speed of 56mph to to a speed of zero-mph in 6 feet and still maintain an (as you described it) "assured clear distance"?

And no, that does not necessarily mean that you were going slower... It could also mean that the officer was not only 6 feet away from you, he was MUCH farther!

In reality, breaking distance also includes a slight delay due to human reaction time which can amount to approximately 1 1/2 second... And at 56mph, which equals 82 feet per second, over 1 1/2 seconds, you've traveled approximately 20 feet before you even step on the brakes. Once you step on the brakes, stopping distance depends on a number of different factors including the condition of your tires, the coefficient of friction of the roadway, the weight of your car, the type pf brakes you have.... But it would be a safe bet to assume that from a speed of 56mph, it may take you an average of 145 feet to stop from the moment you stepped on the brakes. So n total, from 56mph to zero speed, you are looking at approximately

By the way, and though I know better than to compare state to state, but considering that California follows the federal guidelines as promulgated in the Federal MUTCD, there is not likely to be a requirement to conduct an Engineering & Traffic survey to establish the reduced speed limit. Federal guidelines state that a survey "MAY" be conducted or instead, engineering judgment can be utilized to set the speed limit to prudent limit based upon the scope of the construction project and as long as it is not lower than 25mph.

I did glance through some Ohio sources and if I am understanding what I read correctly, it appears that the standard construction zone reduction is typically limited to 10mph and if so, then no special approval or procedure is required.

You're free to look through Ohio Dept of Transportation guidelines to see if they differ any.

At any rate, I disagree with your assessment that if there is no survey, that means you can justify you speed albeit higher than the posted limit.

Good luck!