Wrong speed limit on ticket, can I still lose?

[wydileie]

What is the name of your state (only U.S. law)? Ohio

So I was pulled over by an officer who clocked me outside of his jurisdictional area and pulled me over in his jurisdiction. Outside his jurisdictional area the speed limit is 55, inside it is 50. He gave me a ticket saying I was going 62 in a 50 when it was in fact a 55mph zone. So I was still speeding but the ticket has the wrong information on it and the prosecutor seems to accept that fact.

He offered me the option of taking a lower speeding ticket for basically going 62 in a 55 which is the same fine but no points on my license. I said no, believing that that information should get an automatic dismissal of the case essentially. The prosecutor claimed the judge can rule I was still speeding but just lower my charge even though the ticket information and officer were wrong. If the judge rules that way I will owe a TON in court fees and a traffic ticket fine.

Is the prosecutor right? Can I be found guilty of something I wasn't even charged with since I am going to court to fight a 62 in a 50 charge?

 

[HighwayMan]

Yes, the prosecutor is right. The charge can be amended to reflect the correct limit. You were still speeding, just to a different degree.

Forget about jurisdiction. Unless you are very familiar with your state's criminal procedure law (or equivalent) you cannot say a police officer cannot write a ticket in a certain place. This is a common mistake people make. Obviously the prosecutor didn't think it was an issue either.