2006-Ohio-2762, 848 N.E.2d 856
2006-0824.Supreme Court of Ohio.
June 7, 2006.
Richland App. No. 2005CA0061, 2005-Ohio-6879.
MOTION AND PROCEDURAL RULINGS
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 `prima-facie’ unlawful and the speed alleged isnot charged as a `per se’ violation of the applicable traffic code?”
RESNICK, PFEIFER and O’DONNELL, JJ., dissent.
The conflict case is State v. Oglesby (Sept. 1, 2000), Erie App. Nos. E-99-077 and E-99-076.