Archive for July 12th, 2011

If you operate a vehicle in willful or wanton disregard of the safety of persons or property on private property, you may be charged with a violation of Ohio’s off-road reckless operation statute.  Ohio Revised Code 4511.201 reads, in pertinent part,

Ohio Code 4511.201 – Operation off street or highway in willful or wanton disregard of the safety of persons or property

(A) No person shall operate a vehicle, trackless trolley, or streetcar on any public or private property other than streets or highways, in willful or wanton disregard of the safety of persons or property.

This section does not apply to the competitive operation of vehicles on public or private property when the owner of such property knowingly permits such operation thereon.

(B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

In State v. Earlenbaugh (1985), 18 Ohio St.3d 19, 21-22, the Supreme Court of Ohio interpreted the terms “willful” and “wanton” in a parallel statute, R.C. 4511.20:

“While we recognize that the statutory terms ‘willful’ and ‘wanton’ represent two differing degrees of culpability, see Hawkins v. Ivy (1977), 50 Ohio St. 2d 114, 118, fn. 4 [4 O.O.3d 243], and that the legislature has failed to expressly define these terms, we are nevertheless convinced that the language of R.C. 4511.20 is
sufficiently definite to provide clear and adequate notice of the conduct proscribed therein. “*** A person may be found guilty of violating R.C. 4511.20 if he acts willfully. Such conduct implies an act done intentionally, designedly, knowingly, or purposely, without justifiable excuse.  Black’s Law Dictionary (5 Ed. 1979) 1434. Or, conversely, R.C. 4511.20 is violated when a person acts wantonly in disregard of the safety of others. A wanton act is an act done in reckless disregard of the rights of others which evinces a reckless indifference of the consequences to the life, limb, health, reputation, or property of others. Id. at 1419. *** Similarly, when the operator of a vehicle, with full knowledge of the surrounding circumstances, recklessly and inexcusably disregards the rights of other motorists, his conduct may be characterized as wanton. Hawkins v. Ivy, supra.”

This charge is used to address violations which occur on private property and is also used when an officer finds a person operating an off-road vehicle on private property in an unsafe manner.  Examples of this offense may include unsafe ATV use and acts such as doing “donuts” in a parking lot.  Violation of this offense results in tw0 “points” being added to your Ohio driver’s license.

Dayton and Springfield DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Related articles

• Reckless Operation in Ohio (daytondui.com)
• Assured Clear Distance, R.C. 4511.21(A) (daytondui.com)
• Arrested for Physical Control? (daytondui.com)