ORC 4511.12 (Ohio’s traffic control device law) states that all drivers must follow the instructions of a traffic control device (e.g. sign or stop light) unless a police officer (or school crossing guard) directs otherwise.
Columbus also has its own law governing traffic control devices – Columbus’ City Code Section 2113.01. The language of the statute is similar to the Ohio law.
Traffic control devices are flaggers, signs and signals used to regulate or guide traffic. Examples include:
- Stop signs
- No hazmat (hazardous material) signs
- Stop lights
- Do not enter signs on highway
- “Do not pass” signs (e.g. in a construction zone)
- “No turn on red” signs
Paying a traffic control device ticket in Ohio is the same as pleading guilty.
You will automatically be assessed two points on your driving record and the conviction will go on your permanent record.
Traffic offenses are not expungeable in the state of Ohio. This means that once you plead guilty or pay a traffic control device ticket (or any traffic ticket), it will remain on your traffic record forever. There is no legal process in Ohio to get that conviction off of your record.
Potential defenses to a traffic control device ticket might include:
- Was the sign in a proper position visible from the road?
- Was the sign readable by an “ordinarily observant person”?
- Were you following the direction of a police officer or crossing guard?
- Were there any other extenuating circumstances that prevented the driver from following the sign’s directions?
If this is your first traffic ticket in 12 months, a traffic control device is a minor misdemeanor. Maximum penalty is $150.
If this is your second traffic ticket in 12 months, a traffic control device ticket is a fourth degree misdemeanor. Maximum penalty is a $250 fine and 30 days in jail.
If this is your third traffic ticket in 12 months, a traffic control device ticket is a third degree misdemeanor. Maximum penalty is a $500 fine and 60 days in jail.
Additional consequences may include:
- Points on your traffic record (a traffic control device conviction or guilty plea carries two points)
- Possible civil liability if involved in a traffic accident
- Employment. If you are a commercial driver or otherwise drive as a requirement of your job, a clean driving record may be essential to keeping your employment.
If you’ve been cited for failure to obey a traffic control device, an experienced Columbus traffic attorney can discuss your options for fighting the ticket or getting the potential penalties reduced.
If you have received a ticket for failure to obey a traffic control device, you may be able to fight the ticket. Our Columbus traffic attorneys are available 24/7 to answer your questions.
Learn how our Columbus traffic attorneys can help you avoid penalties and points.
Contact us today at (614) 361-2804 or email us at firstname.lastname@example.org.