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  1. #1
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    Default School Hours and School Zone Speeding Tickets

    Quote Quoting immyjay9006
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    Last Friday I was pulled off due to driving at a speed of 55 mph in a school zone when the flashing light is on (20 mph).... Once I saw the flashing light I immediately slowed down but still got pulled over.
    The question you should be asking is were children present at the time of the violation. That means that were children outside of the school at the time you were cited, Being inside the school doesn't get defined as when children are present. And if there were no children present, you could fight the ticket on that bases.

    So at what time twas the ticket issued? Were there children outside the school?

  2. #2
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    Default Re: Speeding in a School Zone, But Unaware of the School

    Nope, immaterial. It only has to be recess time or the time the children are coming and going. They don't actually have to be at the point where the speeding occurred.
    Another thing to check is if the school meets the definition of school under the statute.

  3. #3
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    Default Re: Speeding in a School Zone, But Unaware of the School

    We're assuming it's 4511.21 (since he's talking about a school zone and 20MPH limit which appears nowhere else in Ohio law).

  4. #4
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    Default Re: Speeding in a School Zone, But Unaware of the School

    Quote Quoting flyingron
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    Nope, immaterial. It only has to be recess time or the time the children are coming and going. They don't actually have to be at the point where the speeding occurred.
    It may be immaterial in Ohio and some other states but in NJ and also other states it is not immaterial.

    We are satisfied that the legislative history clearly reflects it was not the intent of the Legislature by its 1983 amendment to apply the special speed at all times in a 469*469 school zone "when children are present." Rather, it was the intent of the Legislature to limit the applicability of the special speed limit in a school zone to those occasions, during recess, "when the presence of children is clearly visible from the roadway," or at times when children are going to or leaving school during opening or closing hours of school.
    https://scholar.google.com/scholar_c...en&as_sdt=4,31

    If children are not visibly apparent from the road in the school zone, they are not present.

  5. #5
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    Default Re: Speeding in a School Zone, But Unaware of the School

    State law sets the offense at an M-4, so the Judge/Traffic Magistrate can not charge an MM. Can he or she suspend some/all, jail time/fine amount, sure.

    Even if cited under a Municipal Ordinance they can not undercut the charge. Can a Municipality make a MM under state law an M-4 up to an
    M-1, yes.

  6. #6
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    Default Re: Speeding in a School Zone, But Unaware of the School

    Quote Quoting EJay
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    Why are we talking about NJ? Have you looked into Ohio case law? Ohio has more comprehensive case law on traffic infractions than just about all of the other states.

    Edit:
    I went ahead and found it.


    https://scholar.google.com/scholar_c...28386392917697

    Interestingly, it doesn't matter if children were present, not to meet the definition of "school zone" anyways. It just must have been either; a.) recess or b.) during the opening/closing hours while children were entering/leaving.
    I read that case to say that children must be present and visible from the road outside the school building.

    In the premises before us, we conclude that there was a failure to prove that the accused operated his motor vehicle at a speed greater than was reasonable or proper under the circumstances prevailing and that the speed limitation of twenty miles per hour is not effective when a school is in session. Therefore, the charge should have been dismissed.

  7. #7
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    Default Re: Speeding in a School Zone, But Unaware of the School

    Quote Quoting budwad
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    I read that case to say that children must be present and visible from the road outside the school building.
    Quote Quoting EJay
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    No. The court interpreted the law quite narrowly and said:

    A school zone can exist only during the "a.)" and "b.)" I listed, regardless of if children are present or not during these times or not. They drew attention to this fact and suggested that if the legislature desires to change this they should. Clearly they never did.
    EJay is correct. You only need a reasonable assumption the children are arriving at or leaving the school for the school zone to be active. One does not need to actually see the children or that they be present near the roadway.

    The passage about not being effective when school is in session keeps them from being active during the entire school day. If school is in session from 0800- 1600 the zone can not be active for the entire 8 hours. It can only be active during the arrival time (around 0800) and during dismissal (around 1600) or recesses. The hours and time duration can vary depending on how long it takes the children to arrive and enter or exit the school and vacate the area.

  8. #8
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    Default Re: Speeding in a School Zone, But Unaware of the School

    The case cited says that the ticket was issued at 8:05.

    The police officer who signed the affidavit charging the defendant with the violation of ordinance and law testified that at 8:05 a. m. the accused drove his car within the school zone at a speed of thirty miles per hour as measured by the radar device, and that the school was in session at such time.
    The time suggests to me that children were coming to school. So why was the conviction reversed if what you say is correct?

  9. #9
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    Default Re: Speeding in a School Zone, But Unaware of the School

    That 8:05 am was for that school. There are plenty of schools where 8:05 would be the peak time kids are in school.

    Also how is any driver supposed to know when recess is?

  10. #10
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    Default Re: Speeding in a School Zone, But Unaware of the School

    That's what the blinky lights and the hours on the sign are. While not strictly required, they usually are there.

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