The Speed Limit
ORC 4511.21 — three different rules wearing one number
Speeding is the most common charge in Ohio and the section behind it is not one rule. Division (A) is about what is reasonable and about stopping within the assured clear distance ahead, and has no number in it at all. Divisions (B) and (C) set limits that are prima facie. Division (D) sets limits that are absolute. Which division a ticket is written under changes what there is to argue about, and it is printed on the ticket.
| Division | What it says | What that means |
|---|---|---|
| (A) | No speed greater or less than is reasonable and proper for the traffic, surface, width and other conditions, and none greater than lets the vehicle stop within the assured clear distance ahead | No number. It can be violated below the posted limit and it is the rule behind most rear end crashes |
| (B) and (C) | The listed speeds are prima facie lawful, and exceeding the ones named in division (C) is prima facie unlawful | Prima facie is rebuttable. The number makes out the case rather than closing it |
| (D) | Fixed maximums it is unlawful to exceed, including sixty-five on expressways and freeways and seventy on the freeways the division names | Absolute. Whether the speed was reasonable is not the question |
- The ordinary violation is a minor misdemeanour.
- Where the offender has one predicate motor vehicle or traffic offence within one year of the offence, it is a misdemeanour of the fourth degree.
- Where there are two or more within that year, it is a misdemeanour of the third degree.
- Where the offence happened in a construction zone with a sign posted under the section that governs those signs, the court shall impose a fine of two times the usual amount, on top of all other penalties provided by law.
Because the ordinary violation is a minor misdemeanour, the citation rule reaches it. An officer otherwise authorised to arrest for it shall issue a citation rather than arrest, unless one of the four exceptions in that section applies, and the pay in advance route on the back of the ticket is a plea of guilty rather than a fee.
“Which division of the speed section is this written under, and what was the speed measured with?”
A municipal ordinance can be worded differently from the state section it resembles, and questions about how a device was calibrated, certified or operated are evidence questions answered case by case. Points, insurance and what a particular court does with a first offence are all separate from the degree. A licensed Ohio attorney reads a specific ticket.
Sources for this section (7)
- ORC 4511.21 — Speed limits, and the assured clear distance ahead
- ORC 4511.091 — Speed measuring devices, and the limit on an unaided visual estimation
- Barberton v. Jenney, 126 Ohio St.3d 5, 2010-Ohio-2420 — A trained officer's unaided visual estimation of speed could support a conviction, which the General Assembly then limited by statute
- ORC 4511.98 — Signs marking a construction zone
- ORC 2935.26 — Minor misdemeanor citation issued by an officer
- ORC 4510.036 — Points assessed against a licence for traffic convictions
- ORC 4511.193 — Municipal OVI ordinances and how they line up with state law
Legal information, not legal advice. Verified as of September 2026. Talk to a licensed Ohio attorney about your situation.