Those who are pulled over in Ohio for speeding may be able to dispute a citation in court. However, before mounting a defense, it is important to know what type of speed limit was exceeded when an officer chose to issue a citation. The different types of speed limit are absolute, presumed and basic. An absolute speed limit is one posted on a road sign or similar object.
Defenses to exceeding an absolute speed limit include challenging the speed a driver was clocked at or claiming mistaken identity. A presumed speed limit is one that is based on road conditions. A driver may claim that driving 50 miles per hour in a 35 mile per hour zone was safe because he or she had to keep pace with traffic. Drivers may also argue that the speed limit is set too low and not based on driver safety.
In some cases, drivers may be pulled over for driving at or below a posted speed limit. This may be true if an officer determines that a driver exceeded the basic speed limit. The basic limit is also determined by road and weather conditions. Unlike cases involving drivers exceeding posted speed limits, an officer has the burden of proof that a driver’s actions were not safe when a citation was given.
While the penalties associated with traffic violations may be less severe than other cases, they may still be significant. Depending on the violation, a driver may face a fine as well as points on a license. An attorney may be able to help dispute a traffic ticket or other violation by casting doubt on camera or speed gun information used to issue a citation. This may result in a case being resolved in a driver’s favor.