Bellville v. Kieffaber

Ohio Supreme Court
Bellville v. Kieffaber, 109 Ohio St. 3d 1493 (Ohio 2006)
848 N.E.2d 856
Donnell, Pfeifer, Resnick

Bellville v. Kieffaber

Opinion of the Court

Richland App. No. 2005CA0061, 2005-Ohio-6879. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals’ Judgment Entry filed March 29, 2006:

“In a traffic law enforcement citation for ‘excessive speed,’ does the complaint fail, as a matter of law, to charge a necessary element of the offense if it does not also allege that the speed is ‘primafaeie’ unlawful and the speed alleged is not charged as a ‘per se’ violation of the applicable traffic code?”

Resnick, Pfeifer and O’Donnell, JJ., dissent.

The conflict ease is State v. Oglesby (Sept. 1, 2000), Erie App. Nos. E-99-077 and E-99-076.

Reference

Cited By
2 cases
Status
Published