Speeding Ticket in Ohio

[Browns Fann]

My question involves a speeding ticket from the State of: Ohio.

I was going 44 MPH in a 25 MPH recently. The speed limit changed within the last year due to a new school being built. It used to be a 35 MPH zone. I was going eastbound and the officer was going westbound and clocked me with radar.

The officer told me they changed the speed limit within the past year. I honestly didn't know the speed limit changed because I haven't traveled that way in over a year. I usually travel on an adjacent street and the speed limit there is 35 MPH. I told the officer that, and I also told her that I had no speeding tickets or moving violations in the last 5 years.

It still didn't matter, she wrote me a ticket anyway. I have a pretrial coming up. I pleaded not guilty on the original court appearance, and I have a pretrial coming up this week.

Any advice to say other than what I have stated. I don't need these points on my license or an increase in my insurance rates. Perhaps when I explain my case, the judge will show some leniency. As of right now, I am only working part-time, and I really can't afford all the expenses that will occur due to this.

Please let me know your thoughts. Thanks in advance.

[cyjeff]

So your defense for speeding through a school zone is...

a) that you were unaware it was a school zone;
b) that you were only speeding a little if it WASN'T a school zone; and,
c) normally you drive a different way where you would only have been speeding a little because it is NOT a school zone.

I think you have a better chance trying to see if the radar was calibrated.

[Browns Fann]

NO...NO

It was out of the school zone. Let me clarify a few things. It was on a Saturday evening. It was passed the school zone. What I was saying was that the speed limit on that street used to be 35 MPH, but it has since changed in the last year to 25 MPH. I didn't know that until the officer told me so.

Sorry for the misunderstanding. Do you think I have a shot to get this reduced or for the judge to dismiss it? Thanks

[BOR]

NO...NO

It was out of the school zone. Let me clarify a few things. It was on a Saturday evening. It was passed the school zone. What I was saying was that the speed limit on that street used to be 35 MPH, but it has since changed in the last year to 25 MPH. I didn't know that until the officer told me so.

Sorry for the misunderstanding. Do you think I have a shot to get this reduced or for the judge to dismiss it? Thanks

This is Ohio's speed limit chapter:

Read starting here:


(2) Twenty-five miles per hour in all other portions of a municipal corporation, except on state routes outside business districts, through highways outside business districts, and alleys;

(3) Thirty-five miles per hour on all state routes or through highways within municipal corporations outside business districts, except as provided in divisions (B)(4) and (6) of this section;



http://codes.ohio.gov/orc/4511.21


IF a previous limit was 35, as far as I understand, they need permission from the state to change it. It may be rare a request is made, but if approved the decrease is law.

I don't think you have any argument.

I live in Ohio also! Were you cited under Municipal or state law?

[BOR]

Say here is an interesting point. I did not scour the code there for my previous statement:

...In an effort to help curb the number of crashes, Straube said the city lowered the speed limit on Ohio 91 from 40 mph to 35 mph about two months ago.

Jocelyn Clemings, spokeswoman for The Ohio Department of Transportation, said Willoughby alerted ODOT but did not need permission to change the speed because 35 mph is an acceptable speed limit on a state route that runs through a city.

If the city had tried to lower the speed below 35 mph, they would have had to produce accident reports and data to support the lower speed.....




http://blog.cleveland.com/metro/2008...t_traffic.html


Could be they did not need state permission?

[Browns Fann]

It was in Painesville City. So that is Municipal Court. I guess when they built the new school there, the speed limit was reduced from 35 MPH for a stretch of the main road to 25 MPH. So before you get to the school on the main highway it is 35 MPH, and then after the school the speed is reduced to 25 MPH. Sounds kind of crazy, but that is what the speed limit is posted now. The officer told me that the speed limit was changed last year.

I have had no moving violations in over 5 years, no accidents ever, and always wear my seat belt. Do you think I still have an argument here? I would like the judge to dismiss the case, or perhaps waive the fine and get it reduced to paying court costs. I really don't need my insurance to go up, so that is why I am trying to fight this. Thanks.

[EWYLTJ]

I'm not sure about Ohio... but in CA, the State illegally lowers speed limits all the time! Furthermore, the illegally prosecute people for violating those speed limits all the time.

Since there is a law regulating the lowering of a speed limit, I'd imagine that in Ohio, as in CA, it becomes the burden of the prosecution to show that it was done correctly. Ask the prosecution to show that in court. Or better... ask for that information in discovery.

[BOR]

It was in Painesville City. So that is Municipal Court. I guess when they built the new school there, the speed limit was reduced from 35 MPH for a stretch of the main road to 25 MPH. So before you get to the school on the main highway it is 35 MPH, and then after the school the speed is reduced to 25 MPH. Sounds kind of crazy, but that is what the speed limit is posted now. The officer told me that the speed limit was changed last year.

I have had no moving violations in over 5 years, no accidents ever, and always wear my seat belt. Do you think I still have an argument here? I would like the judge to dismiss the case, or perhaps waive the fine and get it reduced to paying court costs. I really don't need my insurance to go up, so that is why I am trying to fight this. Thanks.

If it is posted, I can't see any argument. If you can show it was changed within a week or so before your violation, you could have an argument I suppose?? Will the court give it any weight??

[Browns Fann]

If it is posted, I can't see any argument. If you can show it was changed within a week or so before your violation, you could have an argument I suppose?? Will the court give it any weight??

Well, I told the judge and he didn't even know about the change. He said that he would dismiss all points and record if I donated $25 to a charity. I agreed, but I didn't know I would have to pay $80 in court costs until I went to the clerks window. I thought since the charges were dismissed, I wouldn't have to pay court costs. WOW

The prosecutor even said he would dismiss the charges if I just paid $25. Either way they get their money. The good news is that I don't have points and my insurance will not go up.

[kadrien]

Thanks for telling us how it went. Always nice to hear about the resolution, good or bad. Glad yours went so well.