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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 115464
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I got my third speeding ticket in one year last night. It

Customer Question

Good morning! I got my third speeding ticket in one year last night. It was an 83 in a 70, resulting in mandatory court appearance. With no other blemishes on my record, what will be my likely punishment?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Ohio.
JA: Have you talked to a laywer yet?
Customer: No, not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, just that I did not realize the severity of these offenses until I started researching.
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under OH law, if you have two tickets on your record within the previous year, your third ticket can be charged as a fourth-degree misdemeanor. If you are convicted, you may be sentenced to up to 30 days in jail and have to pay a fine of up to $250. Generally, if you have no other record, you can convince the prosecutor to keep it as an infraction, but the fine will still likely be up to $250 plus court costs (usually about $150 more), but that does not mean if you get another speeding they will not charge it as a 4th and make it a third degree misdemeanor.
Also, if you obtain 12 points on your license in 2 years, you are facing a suspension of your license for 6 months and have to then pay a reinstatement fee to get it back.
Customer: replied 8 months ago.
It is the judge's discretion whether or not you lose your license or face jail time?
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
It is the judge's final say as to whether there would be jail or license suspension for the misdemeanor (the judge cannot stop DMV from suspending the license on points, that is mandatory and up to DMV). The judge generally goes with the prosecutor's opinion on what to sentence the defendant to, so that is why your attorney will negotiate this with the prosecutor first.