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<br />55 DUI• Willful Misconduct• Speed 333.031
<br />(f) When a speed in excess of both aprima-facie limitation and a limitation in
<br />subsection (d)(1), (2), (3), (4), (5), or (6) hereof is alleged, the defendant shall be charged in a
<br />single affidavit, alleging a single act, with a violation indicated of both subsections (b)(1)A. to
<br />(b)(6) hereof, or of a limit declared pursuant to this section by the Director or local authorities,
<br />and of the limitation in subsection (d)(1), (2), (3), (4), (5), or (6) hereof. If the court fmds a
<br />violation of subsection (b)(1)A. to (b)(6) hereof, or a limit declared pursuant to this section has
<br />occurred, it shall enter a judgment of conviction under such subsection and dismiss the charge
<br />under subsection (d)(1), (2), (3), (4), (5), or (6) hereof. If it finds no violation of subsections
<br />(b)(1)A. to (b)(6) hereof or a limit declared pursuant to this section, it shall then consider whether
<br />the evidence supports a conviction under subsection (d)(1), (2), (3), (4), (5), or (6) hereof.
<br />(g) Points shall be assessed for violation of a limitation under subsection (d) hereof only
<br />when the court finds the violation involved a speed of five miles per hour or more in excess of the
<br />postedspeed limit.
<br />(h) Whenever, in accordance with Ohio R.C. 4511.21 or this section, the speed
<br />limitations as established herein have been altered, either higher or lower, and the appropriate
<br />signs giving notice have been erected as required, operators of motor vehicles shall be governed
<br />by the. speed limitations set forth on such signs. It is prima-facie unlawful for any person to
<br />exceed the speed limits posted upon such signs.
<br />(i) As used in this section:
<br />(1) "Interstate system" has the same meaning as in 23 U.S.C.A. 101.
<br />(2) "Commercial bus" means a motor vehicle designed for carrying more than
<br />nine passengers and used for the transportation of persons for
<br />compensation.
<br />(3) "Noncommerical bus" includes but is not limited to a school bus, or a
<br />motor vehicle operated solely for the transportation of persons associated
<br />with a charitable or nonprofit organization.
<br />(ORC 4511.21)
<br />333.031 APPROACHING A STATIONARY PUBLIC SAFETY VEHICLE.
<br />(a) The driver of a motor vehicle, upon approaching a stationary public safety vehicle
<br />that is displaying a flashing red light, flashing combination red and white light, oscillating or
<br />rotating red light, oscillating or rotating combination red and white light, flashing blue light,
<br />flashing combination blue and white light, oscillating or rotating blue light, or oscillating or
<br />rotating combination blue and white light, shall do either of the following:
<br />(1) If the driver of the motor vehicle is traveling on a street or highway that
<br />consists of at least two lanes that carry traffic in the same direction of travel
<br />as that of the driver's motor vehicle, the driver shall proceed with due
<br />caution and, if possible with due regard to the road, weather, and traffic
<br />conditions, shall change lanes into a lane that is not adjacent to that of the
<br />stationary public safety vehicle.
<br />(2) If the driver is not traveling on a street or highway of a type described in
<br />subsection (a)(1) of this section, or if the driver is traveling on a highway
<br />of that type but it is not possible to change lanes or if to do so would be
<br />unsafe, the driver shall proceed with due caution, reduce the speed of the
<br />motor vehicle, and maintain a safe speed for the road; weather and traffic
<br />conditions.
<br />(b) This section does not relieve the driver of a public safety vehicle from the duty to
<br />drive with due regard for the safety of all persons and property upon the highway.
<br />2000 Replacement
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