1990 015 Ordinance - Laserfiche WebLink

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53 DUI; Willful Misconduct; Speed 333.03 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 upon the streets or highways at a speed exceeding fifty-five miles per hour. (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 subsection (c) hereof also the speed which subsections (b)(1)A. to (b)(6) hereof, 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 aprima-facie limitation and the limitation in subsection (d) hereof is alleged, the defendant shall be charged in a single affidavit, alleging a single act, with a violation indicated of both subsections (b)(1)A. to (b)(6) hereof, or of a limit declared pursuant to this section by the Director or local authorities, and of subsection (d) hereof. .If the court finds a violation of subsections (b)(1)A. to (b)(6) hereof, or a limit declared pursuant to this section has occurred, it shall enter a judgment of conviction under such subsection and dismiss the charge under subsection (d) hereof. If it finds no violation of subsections (b)(1)A. to (b)(6) hereof or a limit declared pursuant to this section, it shall then consider whether the evidence supports a conviction under subsection (d) hereof. (g) Points shall be assessed for violation of a limitation under subsection (d) hereof 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 subsections (b)(1)A. to (d) hereof 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 subsections (b)(1)A. to (d) hereof, 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 1990 Replacement