What Should I Expect When Meeting With the Prosecutor About My Ohio Speeding Ticket?

Attorney Answer

Because a speeding ticket in Ohio is technically a criminal charge, even though it's usually resolved quickly, you have real rights when you go in to talk with the prosecutor, and knowing them can help you get the best outcome.

Ohio's speeding law is found at Ohio Rev. Code § 4511.21. Ordinary speeding is a minor misdemeanor under § 4511.21(P)(1)(a), fine-only, but your speed takes it out of that category. Under § 4511.21(P)(2), driving faster than 35 mph in a business district of a municipal corporation, or faster than 50 mph anywhere else within a municipal corporation, is a misdemeanor of the fourth degree, and no prior conviction is needed for that. If your 35 mph zone is inside a city or village, 57 mph clears both of those thresholds, so this is a jailable charge, not a fine-only one: as of publication, Ohio Rev. Code § 2929.24(A)(4) allows up to 30 days in jail for a fourth degree misdemeanor. It also still adds points to your driver's license and can affect your insurance.

When you meet with the prosecutor, many Ohio municipal and mayor's courts allow prosecutors to offer a plea to a reduced, non-moving charge, such as an equipment or parking-type violation, especially for drivers with a clean or mostly clean record. This can help you avoid points on your license even though you still pay a fine. It is worth directly asking whether that kind of reduction is available to you.

A few things to keep in mind: - Anything you say to the prosecutor can be used in your case, so stick to asking questions and avoid volunteering extra details about what happened. - You have the right to see the evidence against you, including the citation and, if you request it, records showing the speed-measuring device was properly calibrated and the officer was certified to use it. - You always have the right to instead plead not guilty and request a trial if you believe the ticket is wrong. - Bring your driver's license and be ready to discuss your driving history, since a clean record often helps in these conversations.

Given the amount over the limit here, talk to a local Ohio traffic attorney before you go in, since they often know that specific court's typical plea offers and can sometimes negotiate a better result than you would get alone. Because jail is possible on a fourth degree misdemeanor, the court must advise you of your right to counsel, and under Ohio Criminal Rule 44(B) no sentence of confinement may be imposed on you if you could not afford a lawyer and did not knowingly waive assigned counsel, so say so before you plead if cost is the obstacle. This is general legal information, not legal advice, and a local Ohio lawyer can advise on your specific situation.