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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. |
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