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  1. #1
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    Default Speeding Violation While Passing Another Vehicle on a Single Lane Highway in Ohio

    My question involves a traffic ticket from the state of: ohio

    I was traveling behind a large, slow moving vehicle on a single-line highway. I passed him apparently going 75 in a 55. Officer cited me for speeding. I can't seem to find Ohios laws on passing on a single lane highway. Thanks.

  2. #2
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    Default Re: Speeding Violation While Passing Another Vehicle on Single Lane Highway in Ohio

    If you mean, you want to find a law that allows you to disregard the speed limit in order to pass another vehicle, there is no such law in Ohio.

  3. #3
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    Default Re: Speeding Violation While Passing Another Vehicle on Single Lane Highway in Ohio

    Quote Quoting Metroid707
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    I can't seem to find Ohios laws on passing on a single lane highway. Thanks.
    Itís 4511.29 quoted below:

    Quote Quoting ORC 4511.29
    (A) No vehicle or trackless trolley shall be driven to the left of the center of the roadway in overtaking and passing traffic proceeding in the same direction, unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made, without interfering with the safe operation of any traffic approaching from the opposite direction or any traffic overtaken. In every event the overtaking vehicle or trackless trolley must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for traffic approaching from the opposite direction, before coming within two hundred feet of any approaching vehicle.

    (B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
    As Mr. K points out there is no mention that you are allowed to speed while passing, so what you essentially have is just a speeding ticket and you would have to defend by somehow casting doubt on the officerís speed assessment (if thatís feasible).

    The Ohio Bar Association has information about traffic court. You could try to get a pre-trial and attempt a deal with the prosecutor, and/or even try a discovery request although thereís no guarantee you will get it. By the way, Iím only going on what Iíve read and have never been to Ohio so this is about all I know.

  4. #4
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    Default Re: Speeding Violation While Passing Another Vehicle on Single Lane Highway in Ohio

    What about an argument of prima facie? To pass a larger vehicle on a single-lane highway is highly unsafe while going the speed limit.

  5. #5
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    Default Re: Speeding Violation While Passing Another Vehicle on Single Lane Highway in Ohio

    Quote Quoting Metroid707
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    What about an argument of prima facie? To pass a larger vehicle on a single-lane highway is highly unsafe while going the speed limit.
    You might get a judge to buy into that argument. There is some logic behind it.

  6. #6
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    Default Re: Speeding Violation While Passing Another Vehicle on Single Lane Highway in Ohio

    Quote Quoting Metroid707
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    What about an argument of prima facie? To pass a larger vehicle on a single-lane highway is highly unsafe while going the speed limit.
    You have the option of remaining safe by not passing.

  7. #7
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    Default Re: Speeding Violation While Passing Another Vehicle on Single Lane Highway in Ohio

    Quote Quoting Metroid707
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    What about an argument of prima facie? To pass a larger vehicle on a single-lane highway is highly unsafe while going the speed limit.
    That argument would fail since you should not start to pass another vehicle, regardless of size, if you would have to exceed the speed limit to do it. Yes, it might suck having the luck to be stuck behind a truck going slower than, well, you know... But you have to put up with that from time to time.

  8. #8
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    Default Re: Speeding Violation While Passing Another Vehicle on Single Lane Highway in Ohio

    The applicable statute here is Ohio Revised Code, 4511.21(D)(1) which states:

    "(D) No person shall operate a motor vehicle, trackless trolley, or streetcar upon a street or highway as follows:
    (1) At a speed exceeding fifty-five miles per hour, except upon a two-lane state route as provided in division (B)(9) of this section and upon a highway, expressway, or freeway as provided in divisions (B)(12), (13), (14), and (16) of this section;"

    There is no exception for speeding while passing in Ohio.

  9. #9

    Default Re: Speeding Violation While Passing Another Vehicle on Single Lane Highway in Ohio

    Ohio also has an absolute maximum speed limit (unless otherwise posted) on a two-lane road of 55 mph. No exceptions for passing.

    Quote Quoting Ohio Revised Code
    4511.21 Speed limits - assured clear distance.
    [...]
    (D) No person shall operate a motor vehicle, trackless trolley, or streetcar upon a street or highway as follows:

    (1) At a speed exceeding fifty-five miles per hour, except upon a two-lane state route as provided in division (B)(9) of this section and upon a highway, expressway, or freeway as provided in divisions (B)(12), (13), (14), and (16) of this section[.]
    (Division (B)(9) permits the posting of 60 mph zones on two-lane highways, but such a speed limit is only operative on a highway posted in such a manner.)

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