Category Archives: Assured Clear Distance

Bears In The Air: OSP To Target Distracted Drivers

6state-headerIf you are driving distracted this week watch out! 

The Ohio State Highway Patrol will be joining forces with other members of the 6-State Trooper Project for a distracted driving enforcement and awareness effort June 16 – 22 in an effort to reduce distracted driving related crashes and raise awareness about the dangers distracted driving creates.  The Patrol’s aviation section will assist road troopers from the air by focusing on crash causing violations that may be caused by distracted driving, including; aggressive driving, marked lanes violations, following too closely and driving left of center.

This effort dove tails with the continuing national Click It or Ticket program.  The 6-State Trooper Project includes the Ohio State Highway Patrol, Kentucky State Police, Indiana State Police, Michigan State Police, Pennsylvania State Police and the West Virginia State Police.  It is a multi-state law enforcement partnership aimed at providing combined and coordinated law enforcement and security services in the areas of highway safety, criminal patrol and intelligence sharing.

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Immediate help is available by filling out this CONTACT form.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitter updates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Ohio Driver’s License “POINTS”

A typical speed limit sign in the United State...

One of the most frequently asked questions to my staff involve the issue of POINTS on an Ohio driver’s license.  “Points” under Ohio law are set forth at O.R.C. 4510.036(C).  The statute lists the following as 6-point violations:

6 Point Violations
-Aggravated Vehicular Homicide
-Vehicular Homicide
-Vehicular Manslaughter
-Aggravated Vehicular Assault
-Willful Fleeing and Eluding,
-Failure to Stop and Disclose Identity at Accident
-Street Racing
-Driving Under Suspension
-OVI (drunk driving)
-Unauthorized Use of a Motor Vehicle
-Any felony motor vehicle violation or any felony committed with motor vehicle

Four Point Violations
-Operation of a Vehicle After Underage Consumption
-Operation in Willful or Wanton Disregard of Safety (a reckless operation offense)
-Exceeding the Speed Limit by greater than 30 mph.

Two Point Violations
-Exceeding the Speed Limit of 55 by at least 10 but less than 30 mph
-Exceeding the Speed Limit less than 55 by at least 5 but less than 30 mph.
-Operating a motor vehicle in violation of a restriction imposed by the BMV
-Most other moving violations including operating a vehicle w/o a license.

NOTE: If you are nearing the requisite 12 points that will result in a separate license suspension you can attend a TWO POINT CREDIT COURSE as set forth at R.C. 4510.037(C).  For a more detailed explanation of the credit course or to consult with an attorney about your charge.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’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 and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI.”

Assured Clear Distance, R.C. 4511.21(A)

A modern British LED Traffic Light (Siemens He...

Ohio Revised Code 4511.21(A), Assured Clear Distance, is a law requiring that you drive your vehicle in such a way as to be able to bring you car to a stop to avoid an accident.  As a driver, you are required to take into consideration, night driving, weather conditions, hills, curves, turns and poor lighting.  If you are driving your car and a car is traveling or stopped in front of you heading in the same direction and in the same path or lane of travel as you, you must be able to bring your car to a stop to avoid a wreck.  The statute reads as follows:

4511.21 Speed limits – assured clear distance.

(A) No person shall operate a motor vehicle, trackless trolley, or streetcar at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface, and width of the street or highway and any other conditions, and no person shall drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.

If, at the time of an accident, it can be established that a driver was following too closely the driver may also be charged with Reckless Operation, a violation of Ohio Revised Code 4511.20 and can be charged as a two-point minor misdemeanor or a four-point fourth degree misdemeanor which carries a maximum jail penalty of 30 days.  Drivers who find themselves facing such charges are subject to a license suspension.  If you are also charged with  speeding, you may also  be assessed a penalty of either two or four points. Examples of two-point violations include going 10-30 miles per hour (mph) over the limit in an area with a speed limit of 55 mph or more. Or driving 5-30 mph over the limit in an area where the speed limit is 55 mph or less. Four-point violations include driving 30 mph or more over the limit in any zone.

If you are facing an OVI or other traffic charge, please take the time to check out Dayton, Ohio Traffic Attorney Charles M. Rowland II.  Charles has been a city prosecutor, a special prosecutor and has represented traffic offenders in Ohio courts for over 15 years.   Please visit www.RecklessOperatoin.com, www.AssuredClearDistance.com, www.MarkedLanes.com or www.DaytonDUI.com.  You can also reach Charles Rowland at (937)318-1384 or 1-888-ROWLAND.