Speeding tickets are annoying and expensive. They can feel like a punishment that far outweighs the crime. Someone is caught going five miles over the speed limit, and now they’re being punched in the pocketbook. But speeding tickets can be fought.
When choosing whether or not to go to court over a speeding ticket, it’s important to study the laws and how tickets can be dismissed.
Speeding Ticket Laws in Ohio
Fines
There isn’t a clear pattern for how speeding fines are given. However, as a general rule of thumb, the fine increases as the miles per hour over the speed limit increases. Sometimes the difference between two speeds is small, sometimes it makes a big leap. There are different fines for going over the speed limit in a construction zone, but even those differences fluctuate in unclear ways.
Ohio’s chart for speeding fines:
- 0-10 MPH over speed limit: $136; $142 in a construction zone
- 11-15 MPH over speed limit: $151; $172 in a construction zone
- 16-20 MPH over speed limit: $157; $184 in a construction zone
- 21-25 MPH over speed limit: $171; $212 in a construction zone
- 26-30 MPH over speed limit: $181; $232 in a construction zone
- 31-36 MPH over speed limit: $201; $272 in a construction zone
- 37-39 MPH over speed limit: $230; $330 in a construction zone
- 40 or more MPH over speed limit: required court appearance
Points on a License
When someone is caught breaking traffic laws, points are added to their license. Video game points are good; driver’s license points are bad. If someone receives 12 points over a two-year period, their license is suspended for six months. After the suspension, they must retake the driver’s course and the driver’s test before they can get their license renewed. Driving with a suspended license is punishable by a $1000 fine and up to six months in jail. Points on a license will also likely raise insurance rates. People do not want points on their license.
Ohio’s point system for driving over the speed limit is easier to follow than its fines. If caught five miles over the speed limit, drivers get two points on their license. Thirty or more miles over the speed limit earns four points on a license.
Ohio offers some grace for higher speed limits. For speed limits of 55 MPH or higher, a driver can go up to 10 MPH over the limit without earning points. There will still be a fine, however. For 11 or more miles over a high speed limit, drivers get two points. For example:
- For a 70 MPH speed limit on the interstate, a driver gets fined for going between 71 and 80, but they do not get points.
- For a 70 MPH speed limit on the interstate, a driver gets fined and two points on their license for going between 81 and 99.
Defenses Against a Speeding Ticket
Dispute the Evidence
It is possible to demand that the evidence be brought to court. From the dash cam to the speedometer, whatever the officer used to record the event may be entered into the court. If there is a discrepancy, it can be used to have the ticket thrown out. When there is a speedometer record, an argument can be made against its reliability. Witnesses to the event are helpful for this.
One could also make an argument against the police officer’s point of view. The police car was hiding and buried behind some foliage, so how could they make a proper identification? The driver was pulled over on a busy, three-lane street during rush hour. How can the officer be so sure that the defendant was the one speeding?
Demonstrate a Just Reason for Speeding
If someone was driving to save someone’s life, their speeding may be justifiable. Using witnesses and records, it is possible to argue that speeding was the reasonable choice, and the courts can throw out the ticket.
Argue Improper Signage
Was the MPH sign behind a tree branch? Was it vandalized or missing? Was it present but far away, too far to be seen from where the defendant was pulled over? When arguments such as these are reasonable and demonstrable, the judge may side with the defendant.
Just Show Up
Signing and accepting the ticket is usually seen as an admission of guilt. The fact that the defendant showed up to court at all can prime the judge to believe that they have an actual defense. There’s an old quote that says, “90% of life is just showing up.” Show up. Be there to fight for what’s right.
There’s also a chance that the officer won’t be there. They are busy, and it’s possible that they don’t want to appear in court to fight for a ticket. If the officer is a no-show, this may be grounds for dismissal.
Get a Lawyer
A lawyer trained in traffic law can find disparities in the officer’s story. Going through the ticket, they are able to find areas where the cop made an error, rendering the ticket invalid. They know how to use the analysis of outside experts to argue against the validity of the ticket.
We are here to help you get that traffic ticket thrown out. Consultations are free, and there is never any risk involved. Call today at (937) 403-9033 or contact us online.