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    Thread: Speeding ticket! What am I looking at here? (Ohio)

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      03-19-2013 10:22 AM #1
      I got clocked doing 83 in a 55. It's a four lane highway, so it's kind of ridiculous that it is 55 mph, but nonetheless, I was speeding.... I was trying to get out of a scrum of traffic with a jerk who was tailgating me and I was trying to make some space between he and I when I saw the fine gentleman in blue parked off to the side.

      Since it was so much over, he told me I need to appear in court. I tried looking at the ohio dmv gov website and it really doesnt say much other than it will probably be two points. What about fines? Since I have to appear, do I have to pay court costs? I've no clue, as I have never had to do this before. What should I expect?

      Also, can I take a driving course to get the points off or no?
      “There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.” Ernest Hemingway

    2. 03-19-2013 10:25 AM #2
      which city?
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      03-19-2013 10:26 AM #3
      Cleveland.
      “There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.” Ernest Hemingway

    4. 03-19-2013 10:26 AM #4
      Quote Originally Posted by ModernMaven View Post
      Cleveland.
      Black, barely marked car, or regular black and white?
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      03-19-2013 10:27 AM #5
      Quote Originally Posted by zukiphile View Post
      Black, barely marked car, or regular black and white?
      He was CPD. It was on the Shoreway (Rt 2) right after the East 9th exit before it hits 90.
      “There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.” Ernest Hemingway

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      03-19-2013 10:29 AM #6
      You will more than likely have to pay court costs and and for the ticket regardless of having to show up in court. I'd pay the extra $50-100? to hire a lawyer since its for going 25+over the speed limit.

    7. Member MN6845's Avatar
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      03-19-2013 10:33 AM #7
      Paging Seadoo2006

      He will know the answers, drives with little regard to traffic laws on a regular basis.

    8. 03-19-2013 10:35 AM #8
      Quote Originally Posted by ModernMaven View Post
      He was CPD. It was on the Shoreway (Rt 2) right after the East 9th exit before it hits 90.
      CPD has some dedicated traffic people in black barely marked cars. One fellow, Nishnik, is known for ticketing cops.

      You didn't write that you were falsely cited for no belt, so I will assume this is a straight speed ticket. If you don't want to get counsel, you will plead "not guilty" then appear at arraignment. If you want to get this done quickly, your question for the prosecutor is something like "May I just pay whatever I need to pay and do something that is not moving violation?".

      At the other end of the spectrum, you can have the court schedule a trial date and appear. This is what I always do. In the city, police officers do not typically show to testify for speeding tickets. Without a witness at trial, the court should grant your oral motion to dismiss.

      Since you will not be represented by counsel, the people with attorneys will have their matters handled before yours. Expect this process to consume between two and five hours.
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      03-19-2013 10:36 AM #9
      i've had a 91 in a 65 out here in CT - hiring a lawyer for a traffic ticket (IMHO) is retarded. Just go in and man up. Tell them yeah i was speeding, pay the fine, take the points and move on. Don't get caught for a few years and you'll be good. Mine was $100 after negotiating with the prosecutor...initial fine was $153 so ya i'm a d-bag but hey it worked
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      03-19-2013 10:49 AM #10
      I am willing to pay it.... just hoping for the least about possible. Under $200 all in would be reasonable, IMO. I also would like to not have points on my license.

      I can get a friend to come with me as legal representation, though I am really not interested in fighting a ticket that I deserved. I just want it to not be too expensive. Going back twice and hoping the officer doesnt show up is probably not worth it.
      “There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.” Ernest Hemingway

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      03-19-2013 10:53 AM #11
      If its your first traffic offense and you're under the age of 18 you can take the driving class to remove the points and ticket permanently from your record. I did that when Cuyahoga falls ohios finest gave me a ticket for making a right turn at a no turn on red.
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      03-19-2013 10:59 AM #12
      Quote Originally Posted by MN6845 View Post
      Paging Seadoo2006

      He will know the answers, drives with little regard to traffic laws on a regular basis.


      It's Cleveland Municipal Court ... you didn't murder anyone, so just show up, look apologetic in front of the prosecutor and see what he offers you ... it's just speeding and you didn't get reckless op, so it's going to be expensive, but you're not going to go to jail or anything.

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      03-19-2013 11:00 AM #13
      Quote Originally Posted by ModernMaven View Post
      I am willing to pay it.... just hoping for the least about possible. Under $200 all in would be reasonable, IMO. I also would like to not have points on my license.
      For 28 mph over the limit? Dream on.

      I don't know if Ohio has a way for you to take a class to get the points waived. I'd ask. They hear a sob story from everybody about not being able to afford the fine and fees. You'd better think of a good one or it will fall on deaf ears. Dress like you're going to church. Be humble and respectful. Look everybody in the eye. Keep your hands out of your pockets. If it's your first offense, they might be lenient.

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      03-19-2013 11:03 AM #14
      I wouldn't get a lawyer. I'd just dress nicely, show up early, and just sit with the prosecutor and tell them you were looking to see if you could make a donation or other arrangement (traffic school). Do not say you want something reduced or removed, just offer to do one of those items and then sit there, shutup, and wait. They will look over the report and then decide what to do. You either catch them on a good day or a bad day and most of the time so long as your record is clean they will reduce it and make you pay a lesser fee for a reduced infraction or something. Also bring your debit card or checkbook as you will have to pay right there when they send you on your way.

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      03-19-2013 11:04 AM #15
      Quote Originally Posted by seadoo2006 View Post


      It's Cleveland Municipal Court ... you didn't murder anyone, so just show up, look apologetic in front of the prosecutor and see what he offers you ... it's just speeding and you didn't get reckless op, so it's going to be expensive, but you're not going to go to jail or anything.
      What's 'expensive?' I mean, the speed cameras around town are $100+ tickets... so is this going to suck?

      Is over 80 automatically 'reckless op' or would it say on the ticket? It appears to be a straight up speeding ticket with nothing else mentioned on it. Seatbelt was on, and just mentioned road and traffic conditions, which were fine.

      I realize I won't go to jail, but I was not sure if I should take representation with me or if I can get it reduced myself.
      “There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.” Ernest Hemingway

    16. 03-19-2013 11:05 AM #16
      you all pay under 150 for 25+ over? Here 20 over=car impounded and a reckless driving ticket... I got a ticket for 21 over cop wrote it down to 20 to save my car and it was 368 bucks.

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      03-19-2013 11:08 AM #17
      Quote Originally Posted by ModernMaven View Post
      What's 'expensive?' I mean, the speed cameras around town are $100+ tickets... so is this going to suck?

      Is over 80 automatically 'reckless op' or would it say on the ticket? It appears to be a straight up speeding ticket with nothing else mentioned on it. Seatbelt was on, and just mentioned road and traffic conditions, which were fine.

      I realize I won't go to jail, but I was not sure if I should take representation with me or if I can get it reduced myself.
      Probably going to be $200-250 ... can't imagine court costs are going to be too much in Cleveland ...

      No, it's just a speeding ticket. Reckless op would be ORC 4511.20 or ORD 433.02.

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      03-19-2013 11:08 AM #18
      I'm female, professionally dressed on most days, and in my 30's. First offense.
      “There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.” Ernest Hemingway

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      03-19-2013 11:09 AM #19
      Hi, I had nearly the same ticket twice in my driving career. First was 25 over and cost me $258 and 2 points. Second was 30 over and cost me $390 and 4 points. Your fines will probably fall somewhere between those, and you'll get 2 points. Unless you make a deal with the prosecutor.

      Good luck. Have fun.

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      03-19-2013 11:09 AM #20
      Quote Originally Posted by seadoo2006 View Post
      Probably going to be $200-250 ... can't imagine court costs are going to be too much in Cleveland ...

      No, it's just a speeding ticket. Reckless op would be ORC 4511.20 or ORD 433.02.
      crap. It's marked ORD 433.03.
      “There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.” Ernest Hemingway

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      03-19-2013 11:11 AM #21
      Quote Originally Posted by ModernMaven View Post
      crap. It's marked ORD 433.03.
      Edit: i dont think 43303 is reckless op.
      Last edited by emmettlodge; 03-19-2013 at 11:20 AM.

    22. Senior Member FlashRedGLS1.8T's Avatar
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      03-19-2013 11:17 AM #22
      WRX foot got you huh?

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      03-19-2013 11:17 AM #23
      Quote Originally Posted by GeoffD View Post
      For 28 mph over the limit? Dream on.

      I don't know if Ohio has a way for you to take a class to get the points waived. I'd ask. They hear a sob story from everybody about not being able to afford the fine and fees. You'd better think of a good one or it will fall on deaf ears. Dress like you're going to church. Be humble and respectful. Look everybody in the eye. Keep your hands out of your pockets. If it's your first offense, they might be lenient.
      Do they not have deferred disposition (speeding ticket probation) over there? Here you can do it for tickets that are 31 MPH over or less http://www.arlingtontx.gov/municipalcourt/deferred.html
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      03-19-2013 11:18 AM #24
      Actually 433.03 does not appear to be reckless op, just speeding, so you will probably get a $200+ fine and 2 pts.

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      03-19-2013 11:18 AM #25
      Quote Originally Posted by FlashRedGLS1.8T View Post
      WRX foot got you huh?
      I was in my Audi. Can't even blame it on a new car!
      “There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.” Ernest Hemingway

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      03-19-2013 11:19 AM #26
      Quote Originally Posted by emmettlodge View Post
      Actually 433.03 does not appear to be reckless op, just speeding, so you will probably get a $200+ fine and 2 pts.
      OMG, you had me fuh-reaking after your last post that I texted my friend who specializes in DUIs and speeding tickets for the 20 year old male contingent.
      “There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.” Ernest Hemingway

    27. Senior Member FlashRedGLS1.8T's Avatar
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      03-19-2013 11:19 AM #27
      Quote Originally Posted by ModernMaven View Post
      I was in my Audi. Can't even blame it on a new car!
      Oh!

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      03-19-2013 11:20 AM #28
      I got something like a 52 in a 35 (limit had just dropped from 40) when I was 17. It was my first violation. I suited up, got a lawyer (one of my mom's many benefits at work was free legal representation), and went to court. Lawyer also had me bring a recent report card since I was a good student.

      This is in Maryland, by the way, and what happened is pretty standard, apparently, for my state. YMMV.

      My lawyer pled guilty, said it was my first violation, and I got a reduced fine, no points, and probation before judgment. It would have been ~$125-150, plus two points. Reduced to ~$60, including the court costs, and I've stayed ticket free since then....except a speed camera ticket, which doesn't count towards points.

      Everybody else in the court room with a clean recent driving record (maybe 2-4 years clean?) had the same thing happen. I was the only defendant in a suit, and the only one with a lawyer. The only other well dressed defendant happened to be a classmate of mine, and he was just wearing khakis and a button up shirt, tucked in. Everybody else was in street clothes . I had a worse speeding violation than my classmate, but ended up having my fine reduced to less than his fine - I'll thank the suit.

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      03-19-2013 11:22 AM #29
      Quote Originally Posted by ModernMaven View Post
      OMG, you had me fuh-reaking after your last post that I texted my friend who specializes in DUIs and speeding tickets for the 20 year old male contingent.
      So sorry! Entirely my fault, i should have double checked, since i was pretty sure you have to break 30 over to get reckless.

      You can Google these ordinances yourself, by the way. They're not too hard to find. Ohio revised code is online somewhere. I forget the site.

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      03-19-2013 11:23 AM #30
      Quote Originally Posted by ModernMaven View Post
      crap. It's marked ORD 433.03.
      433.03 is Speeding 25+ ... it'll be 2pts and a higher fine, but not the 4pts reckless op or the 4pts speeding (30+). Being a first offense and you're a woman, just go to court, plead not guilty, they'll set a pre-trial date where you meet with the prosecutor and you can hammer out a deal with him.

      A lawyer is just going to charge you more and get you the same. Unless you really care about not having any pts. on your record, just be an angel when you go in and you'll be fine. People speed like that everyday on the Shoreway, you aren't the crazy person doing 100+.

    31. 03-19-2013 11:26 AM #31
      433.03

      433.03 Maximum Speed Limits; Assured Clear Distance Ahead
      (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 him 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 RC 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:
      (1) A. Twenty miles per hour in school zones during school recess and while children are going to or leaving school during the opening or closing hours, and when twenty miles per hour school speed limit signs are erected; except, that on controlled-access highways and expressways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by division (b)(4) of this section and on freeways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by division (b)(7) of this section. The end of every school zone may be marked by a sign indicating the end of the zone. Nothing in this section or in the manual and specifications for a uniform system of traffic control devices shall be construed to require school zones to be indicated by signs equipped with flashing or other lights or giving other special notice of the hours in which the school zone speed limit is in effect.
      B. As used in this section, "school" means any school chartered under RC 3301.16 and any nonchartered school that during the preceding year filed with the Department of Education in compliance with rule 3301-35-08 of the Ohio Administrative Code, a copy of the school's report for the parents of the school's pupils certifying that the school meets Ohio minimum standards for nonchartered, non-tax supported schools and presents evidence of this filing to the jurisdiction from which it is requesting the establishment of a school zone.
      C. As used in this section, "school zone" means that portion of a street or highway passing a school fronting upon the street or highway that is encompassed by projecting the school property lines to the fronting street or highway, and also includes that portion of a state highway. Upon request from the City for streets and highways under its jurisdiction and that portion of a state highway under the jurisdiction of the Ohio Director of Transportation, the Director may extend the traditional school zone boundaries. The distances in divisions (b)(1) C.1. to 3. of this section shall not exceed 300 feet per approach per direction and are bounded by whichever of the following distances or combinations thereof the Director approves as most appropriate:
      1. The distance encompassed by projecting the school building lines normal to the fronting highway and extending a distance of 300 feet on each approach direction:
      2. The distance encompassed by projecting the school property lines intersecting the fronting highway and extending a distance of 300 feet on each approach direction;
      3. The distance encompassed by the special marking of the pavement for a principal school pupil crosswalk plus a distance of 300 feet on each approach direction of highway.
      Nothing in this section shall be construed to invalidate the Director's initial action on August 9, 1976, establishing all school zones at the traditional school zone boundaries defined by projecting school property lines, except when those boundaries are extended as provided in divisions (b)(1)A. and C. of this section.
      D. As used in this division, "crosswalk" has the meaning given that term in Section 401.14. The Director may, upon request by resolution of Council, and upon submission by the City of such engineering, traffic and other information as the Director considers necessary, designate a school zone on any portion of a State route lying within the City that includes a crosswalk customarily used by children going to or leaving a school during recess and opening and closing hours, whenever the distance, as measured in a straight line, from the school property line nearest the crosswalk to the nearest point of the crosswalk is no more than 1,320 feet. Such a school zone shall include the distance encompassed by the crosswalk and extending 300 feet on each approach direction of the State route;
      (2) Twenty-five miles per hour in all other portions of the City, except on State routes outside business districts, through highways outside business districts and alleys;
      (3) Thirty-five miles per hour on all State routes for through highways within the City outside business districts, except as provided in divisions (b)(4) and (5) of this section;
      (4) Fifty miles per hour on controlled-access highways and expressways within the City;
      (5) Fifty miles per hour on State routes within the City outside urban districts unless a lower prima-facie speed is established as further provided in this section;
      (6) Fifteen miles per hour on all alleys within the City;
      (7) Fifty-five miles per hour at all times on freeways with paved shoulders inside the City, other than freeways as provided in division (B)(8) of this section;
      (8) Sixty-five miles per hour at all times on all portions of freeways that are part of the interstate system and are eligible for such speed in accordance with criteria issued by the federal highway administration and on all portions of freeways greater than five miles in length that are eligible for such speed in accordance with criteria issued by the federal highway administration or established by the "Intermodal Surface Transportation Efficiency Act of 1991," 105 Stat. 1968, 23 U.S.C.A. 154(a), for any motor vehicle weighing eight thousand pounds or less empty weight and any commercial bus, except fifty-five miles per hour for operators of any motor vehicle weighing in excess of eight thousand pounds empty weight and any noncommercial bus.
      (9) A speed posted on signs erected on streets or highways in a construction zone advising motorists that increased penalties apply for certain traffic violations occurring on streets or highways in a construction zone during actual hours of work within the construction zone.
      A. As used in this section, "construction zone" means that lane or portion of a street or highway open to vehicular traffic and adjacent to a lane, berm or shoulder of a street or highway within which lane, berm, or shoulder construction, reconstruction, resurfacing, or any other work of a repair or maintenance nature, including public utility work, is being conducted, commencing with the point where the first worker or piece of equipment is located and ending where the last worker or piece of equipment is located. (RC 5501.27)
      (c) It is prima-facie unlawful for any person to exceed any of the speed limitations in divisions (b)(1)A. to (b)(6) of this section, or any declared pursuant to this section by the Director or local authorities and it is unlawful for any person to exceed the speed limitation in division (d) of this section. No person shall be convicted of more than one violation of this section for the same conduct, although violations of more than one provision of this section may be charged in the alternative in a single affidavit.
      (d) No person shall operate a motor vehicle, trackless trolley, or streetcar upon a street or highway as follows:
      (1) At a speed exceeding fifty-five miles per hour, except upon a freeway as provided in division (b)(8) of this section;
      (2) At a speed exceeding sixty-five miles per hour upon a freeway as provided in division (b)(8) of this section except as otherwise provided in division (d)(3) of this section;
      (3) If a motor vehicle weighing in excess of eight thousand pounds empty weight or a noncommercial bus as prescribed in division (b)(8) of this section, at a speed exceeding fifty-five miles per hour upon a freeway as provided in that division.
      (e) In every charge of violation of this section the affidavit and warrant shall specify the time, place and speed at which the defendant is alleged to have driven, and in charges made in reliance upon division (c) of this section also the speed which divisions (b)(1)A. to (b)(6) of this section, or a limit declared pursuant to this section declares is prima-facie lawful at the time and place of such alleged violation, except that in affidavits where a person is alleged to have driven at a greater speed than will permit him to bring the vehicle to a stop within the assured clear distance ahead the affidavit and warrant need not specify the speed at which the defendant is alleged to have driven.
      (f) When a speed in excess of both a prima-facie limitation and the limitation in division (d) of this section is alleged, the defendant shall be charged in a single affidavit, alleging a single act, with a violation indicated of both divisions (b)(1)A. to (b)(6) of this section, or of a limit declared pursuant to this section by the Director or local authorities, and of division (d) of this section. If the court finds a violation of divisions (b)(1)A. to (b)(6) of this section, or a limit declared pursuant to this section has occurred, it shall enter a judgment of conviction under such division and dismiss the charge under division (d) of this section. If it finds no violation of divisions (b)(1)A. to (b)(6) of this section or a limit declared pursuant to this section, it shall then consider whether the evidence supports a conviction under division (d) of this section.
      (g) Points shall be assessed for violation of a limitation under division (d) of this section only when the court finds the violation involved a speed of five miles per hour or more in excess of the posted speed limit.
      (h) Whenever the Ohio Director of Transportation determines upon the basis of an engineering and traffic investigation that any speed limit set forth in divisions (b)(1)A. to (d) of this section is greater than is reasonable or safe under the conditions found to exist at any intersection or other place upon any part of a State route, the Director shall determine and declare a reasonable and safe prima-facie speed limit, which shall be effective when appropriate signs giving notice are erected at the intersection or other part of the State route.
      (i) Whenever Council determines upon the basis of an engineering and traffic investigation that the speed permitted by divisions (b)(1)A. to (d) of this section, on any part of a highway under their jurisdiction, is greater than is reasonable and safe under the conditions found to exist at such location, Council may by resolution request the Director to determine and declare a reasonable and safe prima-facie speed limit. Upon receipt of such request the Director may determine and declare a reasonable and safe prima-facie speed limit at such location, and if the Director does so, then such declared speed limit shall become effective only when appropriate signs giving notice thereof are erected at such location by the City. The Director may withdraw his declaration of any prima-facie speed limit whenever in his opinion any altered prima-facie speed becomes unreasonable, and upon such withdrawal, the declared prima-facie speed shall become ineffective and the signs relating thereto shall be immediately removed by the City.
      (j) Council may authorize by ordinance higher prima-facie speeds than those stated in this section upon through highways, or upon highways or portions thereof where there are no intersections, or between widely spaced intersections, provided signs are erected giving notice of the authorized speed, but Council shall not modify or alter the basic rule set forth in division (a) of this section or in any event authorize by ordinance a speed in excess of fifty miles per hour.
      Alteration of prima-facie limits on State routes by Council shall not be effective until the alteration has been approved by the Director. The Director may withdraw his approval of any altered prima-facie speed limits whenever in his opinion any altered prima-facie speed becomes unreasonable, and upon such withdrawal, the altered prima-facie speed shall become ineffective and the signs relating thereto shall be immediately removed by the City. (RC 4511.21)
      (k) Whenever, in accordance with RC 4511.21 or this section, the speed limitations as established herein have been altered, either higher or lower, and the appropriate signs giving notice have been erected as required, operators of motor vehicles shall be governed by the speed limitations set forth on such signs. It is prima-facie unlawful for any person to exceed the speed limits posted upon such signs.
      (Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)
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    32. Geriatric Member Aonarch's Avatar
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      03-19-2013 11:28 AM #32
      Quote Originally Posted by ModernMaven View Post
      I got clocked doing 83 in a 55. It's a four lane highway, so it's kind of ridiculous that it is 55 mph, but nonetheless, I was speeding.... I was trying to get out of a scrum of traffic with a jerk who was tailgating me and I was trying to make some space between he and I when I saw the fine gentleman in blue parked off to the side.

      Since it was so much over, he told me I need to appear in court. I tried looking at the ohio dmv gov website and it really doesnt say much other than it will probably be two points. What about fines? Since I have to appear, do I have to pay court costs? I've no clue, as I have never had to do this before. What should I expect?

      Also, can I take a driving course to get the points off or no?
      I had the same thing happen. Just simply getting out of a douche's way, bam I get the ticket.
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      I'm noticing more and more that Aonarch has some of the better comments.
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    33. Banned seadoo2006's Avatar
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      03-19-2013 11:29 AM #33
      Quote Originally Posted by zukiphile View Post
      433.03
      Like I said, it's simple speeding, but Cleveland likes to up the fine for 25+ over the limit. Under 25 is probably some prorated formula like $2/mph over + court costs and over 25 is probably $100 + court costs. Minor misdemeanors in Ohio are max $150 fine + costs. So that's the high end of what you can expect to pay.

      Also, in Ohio, the remedial driving class only increases the 12pts in 24 months suspension to 14pts. It doesn't remove any from your record. Only use that class if you're at 10pts and have a ticket on the way. I've had to do that once.

    34. Member emmettlodge's Avatar
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      03-19-2013 11:35 AM #34
      Quote Originally Posted by ModernMaven View Post
      He was CPD. It was on the Shoreway (Rt 2) right after the East 9th exit before it hits 90.
      I'm shocked there was a cop there, I usually don't see them hanging arond until after E55th or before W25th.

    35. Member WakusPakus's Avatar
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      03-19-2013 11:38 AM #35
      i kinda laugh at the whole "put a suit on" for traffic court. it's not a murder trial guys...it's speeding. the 3-4 times i've gone i had jeans and a 1/4 zip on...90% of the people there were for DUI's. One time i even got released after the bailiff put "5-10 over - LEAVE" on a whiteboard.
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