LEGAL GUIDE
Written by attorney Craig Alan Newburger | Sep 18, 2010

Ohio Speeding Violations: Remedies For Out of State Drivers and Ohio Licensed Drivers

If your state is a member of the Driver License Compact, points earned from moving violations in Ohio will be forwarded to the state BMV where you are licensed. You should get an Ohio attorney. Short of winning a "your word against the officer's" trial, your Ohio attorney may be able to negotiate your charge being amended to a non-moving equipment violation (such as improper lights). There are zero points assigned to your driver license for a non-moving equipment violation conviction. You will still be required to pay a fine and court costs. In speeding cases, either an equipment violation or zero points moving violation may be negotiated (1-5 mph over the posted speed limit; example: traveling 39 mph in a 35 mph posted speed zone). Some insurance companies still regard a zero points moving violation for rate adjustment purposes, even though your state driving record is not assigned any points.

An Ohio attorney representing you may be able to have your appearance waived, so that you are not required to appear in court. For Ohio residents the same waiver is normally available. In many jurisdictions telephone pretrials are conducted between your attorney and the prosecutor. Your attorney notices her/his appearance on your behalf, waives time requirements for the State to prosecute your case, and resets your case for a pretrial that you are not required to attend.

Should one of the two above results (non-moving equipment violation or zero points moving violation) be agreed upon between the prosecutor and your attorney at your pretrial, your attorney will be given a date for you to pay some fine and court costs for the amended charge, without requiring your physical appearance. Your Ohio attorney will need your prior authorization to negotiate your conviction to either of the above amended charges. In many jurisdictions, you are permitted to mail in your payment to the appropriate clerk’s office with your name and case number within an allowed time period. Some jurisdictions accept credit card payments by phone.

You must pay within the time allowed or the following may occur: a noncompliance suspension of your driver license; a warrant block being put on your license, and; a bench warrant being issued for your arrest. A warrant block on your driver license prevents you from renewing your license before the block is removed.

If you want your day in court, you will have to be present for your trial.

Additional resources provided by the author

Ohio Revised Code: Chapter 4511: Traffic Laws - Operation of Motor Vehicles

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