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Old 04-22-2012, 10:57 AM   #121 (permalink)
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In Ohio, there isn't a lower limit, but the law says something about impeding the normal flow of traffic. So theoretically you can a ticked for going the speed limit. I haven't run into any issues, but I don't go any slower than 5 below the speed limit on the expressway. I usually drive in rush hour traffic also. Sounds like the Sheriff was being a prick about it. 28 is kinda pushing it. I think warning would have been sufficient...

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Old 04-22-2012, 11:50 AM   #122 (permalink)
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Quote:
Originally Posted by slurp812 View Post
In Ohio, there isn't a lower limit, but the law says something about impeding the normal flow of traffic. So theoretically you can a ticked for going the speed limit. I haven't run into any issues, but I don't go any slower than 5 below the speed limit on the expressway. I usually drive in rush hour traffic also. Sounds like the Sheriff was being a prick about it. 28 is kinda pushing it. I think warning would have been sufficient...

theoretically if a cop gives u a ticket for going the speed limit which is impeding traffic that cop would be in trouble for not doing his true job because every1 else not impeding traffic is speeding and he is not slowing them down
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Old 04-28-2012, 12:29 PM   #123 (permalink)
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Quote:
Originally Posted by slurp812 View Post
In Ohio, there isn't a lower limit, but the law says something about impeding the normal flow of traffic. So theoretically you can a ticked for going the speed limit. I haven't run into any issues, but I don't go any slower than 5 below the speed limit on the expressway. I usually drive in rush hour traffic also. Sounds like the Sheriff was being a prick about it. 28 is kinda pushing it. I think warning would have been sufficient...
This actually isn't true. There are minimum speeds on certain roads, so if a vehicle cannot maintain this, then it is a danger to the driver and to others. In Ohio, usually this speed is 40. And Ohio's state speed limit is 50, in case anyone wanted to know some almost pointless info. The only I've it would be okay to break this law, is if it's dangerous to go past. Imagine a giant snow storm while driving in the highway, it would be terribly dangerous to follow the posted limit, or even the minimum.

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theoretically if a cop gives u a ticket for going the speed limit which is impeding traffic that cop would be in trouble for not doing his true job because every1 else not impeding traffic is speeding and he is not slowing them down
It depends upon the state, but usually an officers job is mostly summarized to enforce the laws and protect the community. If that was a six or more lane highway, there are multiple lanes to pass with, but in only two, it does make sense.

In my personal and professional opinion, I would have just given you a warning for both. He wrote down twenty eight as your speed, because that is the speed he clocked you when he stopped you.If I were to ticket you, it would have been reversed.

I wonder how it turned out. Honestly, by the law you were doing two illegal things, it appears. I am not an expert, nor am I a peace officer in that state, so my input is limited. He seems like he could have been nicer, but he wasn't as rude as many officers are. It is a defense mechanism to protect he officer.

I hope it all turned out okay.
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Old 04-28-2012, 01:51 PM   #124 (permalink)
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Just for the record, I don't disagree with the act of ticket giving in such a case. I haven't read the entire thread, but I did read the original post.

I was on a major highway once late at night when there were about 3 cars on the road. One of the cars was acting rather unpredictably and literally stopped, or almost stopped in the middle of the road more than once. That vehicle caused the other two cars to get into accidents because they had to suddenly swerve to avoid the unpredictable vehicle.

Note, the two cars did not get into accidents because they hit each other. No, we hit no other vehicles. We both hit the guard rail at separate times and in separate locations. As far as I know, neither of the cars that got into accidents were drinking or otherwise intoxicated. I cannot speak for the unpredictable car because it got away.
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Old 04-28-2012, 02:00 PM   #125 (permalink)
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Even in Ohio (I looked it up) there is no explicit minimum speed limit unless posted.

Quote:
Based upon engineering and traffic investigations, the State or local
government may establish a minimum speed limit on a highway. However,
no minimum speed limit shall be <35 MPH or >55 MPH. '4511.22(B)
Without an explicit posting, there is this:
Quote:
I. No person shall operate a vehicle at such a slow speed as to impede or
block the normal and reasonable movement of traffic. '4511.22(A)
II. A person, driving at less than the normal speed of traffic, shall drive in
the right-hand lane then available for traffic or as close as practicable to the
right-hand curb or edge of the roadway. '4511.25
That bit about impeding the normal flow, as usual, is left up to the discretion of the officer. If you get ticketed for this violation, you need to be able to prove you were not impeding the normal flow of traffic. In this case, the judge reduced the fine to 1 dollar plus court costs (see earlier in this thread), so I agree with the poster who said that the judge was sending a message to the officer that he should not waste the court's time in the future with such trivialities.

You said the OP was doing two illegal things ... impeding the flow being the first, I guess, but what was the other? Again, on an unposted road, there's no minimum speed limit.

--------------------------------------------------
I've been doing some googling about various states and Mich. so far is the only one to mandate an implicit minimum speed of 45 mph, but only on freeways. If it's not a freeway, and it is not posted, the "impeding the normal flow" bit applies, again leaving it up too the discretion of the officer when to enforce it.
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Old 04-29-2012, 08:50 PM   #126 (permalink)
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Originally Posted by Frank Lee View Post
On a related note, I believe it was the conservatives that gave us the dept of homeland security- biggest addition to the police state in one swell foop there ever was. And that is all I will note about the political sides of it.
Homeland Security and the TSA are bipartisan. After 911, the pols just figured they had to give us some sort of dog and pony show.

He is right about the cops. In the northeast they are very well paid and have to write lots of tickets "for our safety" and to see that they continue to be employed.

Don't want to sound anti cop, because I'm not, but, the truth is the truth. There are guys that I went to school with that are retired now playing golf every day, because they became cops right after school. Show me a job in the private sector where the average shmuck can be retired at 42.
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Old 04-30-2012, 08:16 AM   #127 (permalink)
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Old 04-30-2012, 03:14 PM   #128 (permalink)
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officers of the law are often some of the worst drivers on the road.

this may not sound fair, but they're supposed to be setting a standard of sorts for other drivers. they're incredibly visible, too.
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Old 04-30-2012, 04:00 PM   #129 (permalink)
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Quote:
Originally Posted by redyaris View Post
The $1.- fine is a message to the peace officer; that he/she should not waste the courts time with matters of this sort.
The $115.50 court cost is relatively small compaired to the hourly cost of running a court house and all the people in it...
In Canada there is no such thing as court costs for traffic court, we see that as an impedement to access to justice, and thus a violation of our charter of rights and freedoms.
I think Sweden or Norway, have a traffic ticket fine system that bases the amount of the fine on Your income!? I remember on TV an interview with a guy who was fined $30,000 for a speeding ticket. He did drive a rather expensive Mercedes...
Holy overly democratic, socialism batman! Wow!

Also how does one go about moving to Canada? :-).

Seriously, I have constantly complained about exactly that my entire life "...as an impedement to access to justice, and thus a violation of our charter of rights and freedoms. ...". I feel lawyer is fine as a profession, just as accountant is but it SHOULD BE POSSIBLE to understand the justice system and represent yourself and should not count against you. That is, just like the examples with officers word counting stronger and 'maintaining a career' I know for a fact that in smaller towns or for larger firms that this same 'clout' applies, regardless of facts. Not to mention that how you 'present' information should not count against the information itself. But anyway my point is, nice charter and holy crap your $s are worth more than ours now, where is the down side :-). Its also nuts that I am born/raised in northern NYS and have never crossed the border.

Anyway, as for the concept of 'court costs', I think that should boil down to that fact that if you plead guilty and accept the fine right off they should offer you a 'discount' for not incurring court costs to the state. Not the other way around. And who knows, that might even generate more actual money for the state because more people would just plead guilty. The first time I got a ticket for $25 + $110 in court costs I have been on a vendetta ever since. You guys can say that's not a lot, but I must be doing something wrong in life because I've been working full-time for 8 years now and have never had $100 of frivolous cash (or savings for that matter ) ever in my life.

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