wahoowarrior
New Member
I was pulled over in Ohio a couple weeks ago going 50 in a 35. This was on a 4-lane divided highway in a nonresidential zone at 12:30 AM. It was a clear night with no inclimate weather. I think the whole premise of my ticket is garbage. I had been driving on that road for a while and the speed limit had been 50+ the whole way. There was no change in the makeup of the road so I never slowed down. I've done a little research and I think I've found a valid argument.
I believe that I was not driving recklessly and that the speed I was driving at given the conditions was certainly safe and reasonable. I discovered that Ohio is a prima facie state with certain regulations. The specific ordinance states:
(a) 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.
(b) It is prima-facie lawful, in the absence of a lower limit declared pursuant to Ohio R.C. 4511.21 by the Ohio Director of Transportation or Council, for the operator of a motor vehicle to operate the same at a speed not exceeding the following:
(5) Fifty miles per hour on State routes within the Municipality outside urban districts unless a lower prima-facie speed is established as further provided in this section;
I also found an Ohio Supreme Court case that has essentially identical facts to mine, with the exception that I'm not a doctor. It states:
Prosecution for operating motor vehicle at an unreasonable and improper speed. The County Court, Columbiana County, MacDonald, J., held that where highway on which defendant physician was driving while en route to hospital to attend patients was dry and straight and traffic was light, defendant's speed of 60 miles per hour in posted 45-mile-per-hour zone was reasonable and proper.
Charge dismissed.
Even though a defendant is shown to have been operating motor vehicle at speed determined by director of highways to be prima facie unlawful, if speed was reasonable and proper under circumstances the defendant must be found not guilty. R.C. § 4511.21.
Where highway on which defendant physician was driving while en route to hospital to attend patients was dry and straight and traffic was light, defendant's speed of 60 miles per hour in posted 45-mile-per-hour zone was reasonable and proper. R.C. § 4511.21.
Syllabus by the Court
Although the defendant is shown to have been operating a motor vehicle at a speed determined by proper procedures of the Director of Highways to be prima facie unlawful on that portion of the highway involved, where the trier of the facts determines that, at the time and place and under the circumstances and all conditions existing, his speed was reasonable and proper, the defendant must be found not guilty of violating R.C. s 4511.21.
I had no idea that I was speeding, so anyone who simply writes me off as "you broke the rules just pay" is somewhat ignorant. I'd include photos but I didn't have a camera. Also, I was told that I need to come to court in person to get my court date changed. I live 5 hours away and think that this is unreasonable, what do you think?
So basically, any advice would be greatly appreciated. Anyone with experience would be doubly appreciated.
Thanks in advance.
I believe that I was not driving recklessly and that the speed I was driving at given the conditions was certainly safe and reasonable. I discovered that Ohio is a prima facie state with certain regulations. The specific ordinance states:
(a) 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.
(b) It is prima-facie lawful, in the absence of a lower limit declared pursuant to Ohio R.C. 4511.21 by the Ohio Director of Transportation or Council, for the operator of a motor vehicle to operate the same at a speed not exceeding the following:
(5) Fifty miles per hour on State routes within the Municipality outside urban districts unless a lower prima-facie speed is established as further provided in this section;
I also found an Ohio Supreme Court case that has essentially identical facts to mine, with the exception that I'm not a doctor. It states:
Prosecution for operating motor vehicle at an unreasonable and improper speed. The County Court, Columbiana County, MacDonald, J., held that where highway on which defendant physician was driving while en route to hospital to attend patients was dry and straight and traffic was light, defendant's speed of 60 miles per hour in posted 45-mile-per-hour zone was reasonable and proper.
Charge dismissed.
Even though a defendant is shown to have been operating motor vehicle at speed determined by director of highways to be prima facie unlawful, if speed was reasonable and proper under circumstances the defendant must be found not guilty. R.C. § 4511.21.
Where highway on which defendant physician was driving while en route to hospital to attend patients was dry and straight and traffic was light, defendant's speed of 60 miles per hour in posted 45-mile-per-hour zone was reasonable and proper. R.C. § 4511.21.
Syllabus by the Court
Although the defendant is shown to have been operating a motor vehicle at a speed determined by proper procedures of the Director of Highways to be prima facie unlawful on that portion of the highway involved, where the trier of the facts determines that, at the time and place and under the circumstances and all conditions existing, his speed was reasonable and proper, the defendant must be found not guilty of violating R.C. s 4511.21.
I had no idea that I was speeding, so anyone who simply writes me off as "you broke the rules just pay" is somewhat ignorant. I'd include photos but I didn't have a camera. Also, I was told that I need to come to court in person to get my court date changed. I live 5 hours away and think that this is unreasonable, what do you think?
So basically, any advice would be greatly appreciated. Anyone with experience would be doubly appreciated.
Thanks in advance.
