Hello, this is an introduction/question post.... I am a former LEO who worked in Ohio as a patrolman for 6 years & as a Sergeant for the final 3 years I spent on the department. I left Law Enforcement in 1998 to take a job that was offered to me that I just couldn't pass up. Anyhow, here is what brings me to the forum: I am going to court to contest a citation I received in West Virginia for traveling 55 in a 40 zone. I was traveling across a bridge that is a 4 lane limited access highway that crosses the Ohio River into West Virginia. I am contesting the citation due to the fact that West Virginia law section 17C-6-1 states that on limited access highways where no speed limit is posted the speed is 55mph. There is a 40 mph speed limit sign in Ohio approx 120 yards from crossing the WV state line, but there are no signs in WV. I wonder if a sign clearly located in one state can govern a road in another state?
I really think the road should be posted in the jurisdiction that is enforcing it (especially going from one state to another, but I really am not sure) I traveled approx. 3/4 of a mile in West Virginia without passing any speed limit sign at all before I was stopped. I think the sign in Ohio MAY have been posted by West Virginia, but it is Clearly in Ohio and there is nothing at all in the state of West Virginia to indicate a speed limit on this particular highway. I personally would not have wrote this citation, but this young fellow seemed determined to give me a ticket, so I just can't help going to court over this and seeing how it plays out. I probably issued over 2,500 citations in my career, but this is the first time I have been on the receiving end, and I gotta believe this is one that is improper. Anyone have any thoughts on this one?
Thanks....
I really think the road should be posted in the jurisdiction that is enforcing it (especially going from one state to another, but I really am not sure) I traveled approx. 3/4 of a mile in West Virginia without passing any speed limit sign at all before I was stopped. I think the sign in Ohio MAY have been posted by West Virginia, but it is Clearly in Ohio and there is nothing at all in the state of West Virginia to indicate a speed limit on this particular highway. I personally would not have wrote this citation, but this young fellow seemed determined to give me a ticket, so I just can't help going to court over this and seeing how it plays out. I probably issued over 2,500 citations in my career, but this is the first time I have been on the receiving end, and I gotta believe this is one that is improper. Anyone have any thoughts on this one?
Thanks....
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