Legal Question in Traffic Law in Ohio

3 MPH Over the Limit

If you are clocked going only 3 miles per hour over the limit (38 mph in a 35 mph zone) what are the ramifications and how likely are you to get the ticket dismissed? I know that in Ohio if you are going less than 5 mph in a zone that is less than 55 mph no points can be assessed to your license (correct?). However, is it fair and legal to write a ticket for only 3 miles per hour over the limit due to the fact that the radar and speedometer calibration differences, and should such a ticket be contested? A side note this is a first offense with a driving record of 10 years.


Asked on 4/13/04, 12:11 am

1 Answer from Attorneys
Timothy Hess T. Hess & Associates, LLC

Re: 3 MPH Over the Limit

Definitely contest the ticket! When you get in to court, be very admantant about the fact that you were driving the speed limit OR LESS. Don't imply that it is possible that you were doing even as much as one mile over the speed limit. The prosecutor will probably drop the charges or lower the offense to a non-moving violation.

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Answered on 4/13/04, 6:07 pm


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