Legal Question in Criminal Law in Ohio

Incorrectly posted Speed Limit (Ohio)

1. I was given a ticket for doing 36 in a 25 zone.. 2. I have established (I think) that the primae-facie speed limit for this road should be 35 mph.

If I am right,... Do I have to worry about a finding of speeding of 36 in a 35 zone, OR is there some principle here that says since the 25 posting is invalid I could have been doing 75. The accuracy of the radar unit is += 1 mph, but I still want to cover all bases.


Asked on 12/16/97, 8:22 am

1 Answer from Attorneys
Patrick A. T. West Ohio Ticket Defense Patrick A. T. West, Attorney at Law

Prima facie speed limit incorrectly? posted

The prima facie speed is set by statute with an exception: "in the absence of a lower limit declared pursuant to Ohio Revised Code Sec. 4511.21, by the director of transportation or local authorities."

See ORC Sec. 4511.21(H) and (I) at http://38.223.23.20/stacks/orc/title-45/sec-4511/home.htm for the law on lower speed limits.

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Answered on 12/16/97, 6:36 pm


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