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Libertarian Sovereign Citizen wants jury trial on speeding ticket 75/55 claiming that 75 was reasonable and prudent under circumstances. Does anyone have a motion in limine to preclude defendant from arguing that this is "the law" (see TTC 545.352 and Admin Code 25 (b) (1).
 
Posts: 2 | Location: Aransas County | Registered: October 21, 2020Reply With QuoteReport This Post
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Such a motion could meet opposition, as "prima facie" is normally interpreted to create a rebuttable presumption and 545.352 has to be considered in conjunction with 545.351(a). See Bellville v. Keiffaber, 870 N.E.2d 697, ¶21. (Ohio 2007) (referring to "rebuttable presumption that arose from the proof that" defendant drove a higher speed, under very similar statutory language).

But, it should be quite difficult for your opponent to successfully argue that exceeding the posted limit by more than 36% would be prudent except under exceptional circumstances.
 
Posts: 2348 | Registered: February 07, 2001Reply With QuoteReport This Post
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