School Zone Speeding Citation

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ardrum

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I'm just thinking outloud here...

I was driving to work at 8:15 a.m. when I was pulled over by the
issuing officer. The area in which the event occurred was in the
school zone in front of Lakewood Catholic Academy. A citation was
issued for driving 35 mph in a 20 mph school zone at 8:15 a.m.

Ohio Revised Code 4511.21 Speed limits - assured clear distance.

(B) It is prima-facie lawful, in the absence of a lower limit declared
pursuant to this section by the director of transportation or local
authorities, for the operator of a motor vehicle, trackless trolley,
or streetcar to operate the same at a speed not exceeding the
following:

(1)(a) Twenty miles per hour in school zones DURING SCHOOL RECESS AND WHILE CHILDREN ARE GOING TO OR LEAVING SCHOOL DURING THE OPENING OR CLOSING HOURS, and when twenty miles per hour school speed limit signs
are erected;


My thoughts:

1. According to both the Lakewood Catholic Academy Parent Handbook
and personal observation, the school employs "guards" at the
crosswalks during the period in which students are arriving to school.
No such guards were present at 8:15 a.m., indicating that the time in
which students were "going to or leaving school" as referenced in
4511.21(B)(1)(a) had passed.

2. According to the Lakewood Catholic Academy Parent Handbook, "all
students must be in their homerooms by 8:10 a.m. for morning prayer.
Failure to do so will result in the issuance of a tardy slip." This
indicates that the school was already in session by the time in which
the ticket was written. All students were expected to have already arrived.

3. The speed indicated on the citation, 35 mph, does not otherwise
violate any speed limit restrictions on Lake Avenue when school hours are not in effect.

4. If the intention of the law is to have "school hours," and the time in which I was pulled over was after the time in which the school had started, I question whether a citation is warranted.
 
Did you have a question?
 
Any thoughts at all? Is it just me, or is the language of the ORC quite vague in regards to students "arriving" or "leaving?" There is always some chance that students could be arriving or leaving at EVERY moment of the day. Does this mean that the restricted speed limit is imposed all day (it isn't)?

Since only parts of the day are enforced, you'd think that the fact that the school was ALREADY in session when I was pulled over would be legally relevant as to whether significant numbers of students were arriving to school at that time. Students were already supposed to be in class, and the school itself did not use flashing lights or crosswalk guards at that time. It appears that the arrival time was over.

My question: Do I have a chance at getting this ticket dismissed based on the above?
 
Here I am assuming that the posted signs do not indicate any times. If so, take a picture of the signs and a witness with you to court. You can use the witness to introduce the handbook and to testify as to the crossing guards.
 
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