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Speeding in Ohio – What is the Law?

March 13th, 2012
A typical speed limit sign in the United State...

SPEEDING: What is the law?

  • The speed law is set forth at Ohio Revised Code 4511.21.  It states:(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.

The law goes on to set forth the “speed limits” or presumed speed limits as follows:

  • (2) Twenty-five miles per hour in all other portions of a municipal corporation, except on state routes outside business districts, through highways outside business districts, and alleys;(3) Thirty-five miles per hour on all state routes or through highways within municipal corporations outside business districts, except as provided in divisions (B)(4) and (6) of this section;(4) Fifty miles per hour on controlled-access highways and expressways within municipal corporations;

    (5) Fifty-five miles per hour on highways outside of municipal corporations, other than freeways as provided in division (B)(12) of this section;

    (6) Fifty miles per hour on state routes within municipal corporations outside urban districts unless a lower prima-facie speed is established as further provided in this section;

    (7) Fifteen miles per hour on all alleys within the municipal corporation;

    (8) Fifty-five miles per hour at all times on freeways with paved shoulders inside municipal corporations, other than freeways as provided in division (B)(12) of this section;

    (9) Fifty-five miles per hour at all times on freeways outside municipal corporations, other than freeways as provided in division (B)(12) of this section;

    (10) Fifty-five miles per hour at all times on all portions of freeways that are part of the interstate system and on all portions of freeways that are not part of the interstate system, but are built to the standards and specifications that are applicable to freeways that are part of the interstate system for operators of any motor vehicle weighing in excess of eight thousand pounds empty weight and any noncommercial bus;

    (11) Fifty-five miles per hour for operators of any motor vehicle weighing eight thousand pounds or less empty weight and any commercial bus at all times on all portions of freeways that are part of the interstate system and that had such a speed limit established prior to October 1, 1995, and freeways that are not part of the interstate system, but are built to the standards and specifications that are applicable to freeways that are part of the interstate system and that had such a speed limit established prior to October 1, 1995, unless a higher speed limit is established under division (L) of this section;

    (12) Sixty-five miles per hour for operators of any motor vehicle weighing eight thousand pounds or less empty weight and any commercial bus at all times on all portions of the following:

    • (a) Freeways that are part of the interstate system and that had such a speed limit established prior to October 1, 1995, and freeways that are not part of the interstate system, but are built to the standards and specifications that are applicable to freeways that are part of the interstate system and that had such a speed limit established prior to October 1, 1995;(b) Freeways that are part of the interstate system and freeways that are not part of the interstate system but are built to the standards and specifications that are applicable to freeways that are part of the interstate system, and that had such a speed limit established under division (L) of this section(c) Rural, divided, multi-lane highways that are designated as part of the national highway system under the “National Highway System Designation Act of 1995,” 109 Stat. 568, 23 U.S.C.A. 103, and that had such a speed limit established under division (M) of this section.
  • (C) It is prima-facie unlawful for any person to exceed any of the speed limitations in divisions (B)(1)(a), (2), (3), (4), (6), and (7) of this section, or any declared pursuant to this section by the director or local authorities and it is unlawful for any person to exceed any of the speed limitations in division (D) of this section. No person shall be convicted of more than one violation of this section for the same conduct, although violations of more than one provision of this section may be charged in the alternative in a single affidavit.(D) No person shall operate a motor vehicle, trackless trolley, or streetcar upon a street or highway as follows:
    • (1) At a speed exceeding fifty-five miles per hour, except upon a freeway as provided in division (B)(12) of this section;(2) At a speed exceeding sixty-five miles per hour upon a freeway as provided in division (B)(12) of this section except as otherwise provided in division (D)(3) of this section;(3) If a motor vehicle weighing in excess of eight thousand pounds empty weight or a noncommercial bus as prescribed in division (B)(10) of this section, at a speed exceeding fifty-five miles per hour upon a freeway as provided in that division;

      (4) At a speed exceeding the posted speed limit upon a freeway for which the director has determined and declared a speed limit of not more than sixty-five miles per hour pursuant to division (L)(2) or (M) of this section;

      (5) At a speed exceeding sixty-five miles per hour upon a freeway for which such a speed limit has been established through the operation of division (L)(3) of this section;

      (6) At a speed exceeding the posted speed limit upon a freeway for which the director has determined and declared a speed limit pursuant to division (I)(2) of this section.

  • (E) In every charge of violation of this section the affidavit and warrant shall specify the time, place, and speed at which the defendant is alleged to have driven, and in charges made in reliance upon division (C) of this section also the speed which division (B)(1)(a), (2), (3), (4), (6), or (7) of, or a limit declared pursuant to, this section declares is prima-facie lawful at the time and place of such alleged violation, except that in affidavits where a person is alleged to have driven at a greater speed than will permit the person to bring the vehicle to a stop within the assured clear distance ahead the affidavit and warrant need not specify the speed at which the defendant is alleged to have driven.(F) When a speed in excess of both a prima-facie limitation and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of this section is alleged, the defendant shall be charged in a single affidavit, alleging a single act, with a violation indicated of both division (B)(1)(a), (2), (3), (4), (6), or (7) of this section, or of a limit declared pursuant to this section by the director or local authorities, and of the limitation in division (D)(1), (2), (3), (4), (5), or (6) of this section. If the court finds a violation of division (B)(1)(a), (2), (3), (4), (6), or (7) of, or a limit declared pursuant to, this section has occurred, it shall enter a judgment of conviction under such division and dismiss the charge under division (D)(1), (2), (3), (4), (5), or (6) of this section. If it finds no violation of division (B)(1)(a), (2), (3), (4), (6), or (7) of, or a limit declared pursuant to, this section, it shall then consider whether the evidence supports a conviction under division (D)(1), (2), (3), (4), (5), or (6) of this section.(G) Points shall be assessed for violation of a limitation under division (D) of this section in accordance with section 4510.036 of the Revised Code.
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Dayton Adopts Mobile (Hidden?) Speed Cameras

March 2nd, 2012
WDTN

The Dayton Police Department has taken what some argued was an inevitable step to increase revenue.  They have deployed a mobile speed camera inside a Ford Escape which they will move around the city to catch speeders unawares.  The camera technology is the same used by stationary units.  According to WDTN, “[w]hen a driver exceeds the set speed, the cameras snap three photos of the vehicle. The pictures and a citation will then be sent to the vehicle owner about a week after the offense.”  Dayton Police Detective Carol Johnson said she is hopeful the mobile unit will slow drivers down. “They might be more cognizant of their driving or not speed at all just because the mobile unit might pop up,” said Johnson. Warnings will be given until the end of March.  Starting April, 1 (Fool’s Day) the tickets will cost drivers $85.00 for each violation.  If you find yourself charged with a violation of mobile (hidden) speed cameras, contact Dayton criminal defense attorney Charles M. Rowland II at (937)318-1384 for a free consultation.  You can also join the fight against red-light and speed cameras at his facebook page, www.facebook.com/daytondui.

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What Am I Required To Do Following An Accident?

February 6th, 2012
Português: Tetris Urbano. Trânsito na Avenida ...

The crime is referred to as Hit and Run, Leaving the Scene of and Accident, Hit/Skip or Failure to Notify.  Here is an overview of what proscriptions Ohio has adopted to punish persons involved in an accident who leave the scene.  Because of the serious nature of the offense you should seek a qualified and experienced criminal/traffic  attorney to help you combat this charge and give you advice.

Ohio law, O.R.C. 4549.02, requires any person who is involved in an accident on public roads or highways to stop and exchange information with the other party.

What information must I provide?  The statute requires that you provide your name and address.  If you are not the owner you must provide the name and address of the owner, together with the registered number of that vehicle.

To whom do I provide the information?  The statute states that you must provide the information to “any person injured in the accident or collision or to the operator, occupant, owner, or attendant of any motor vehicle damaged in the accident or collision, or to any police officer at the scene of the accident or collision.”  O.R.C. 4549.029(A).

How long must I stay? You are  required to stay at the scene until you have given your information to the other driver, any person injured, or the police officer.

What if I hit a parked car? If the accident or collision is with an unoccupied or unattended motor vehicle, “the operator who collides with the motor vehicle shall securely attach the information required to be given in this section, in writing, to a conspicuous place in or on the unoccupied or unattended motor vehicle.”

What if the other driver is unable to take my information? If the accident is sufficiently serious to render the other driver unable to record or comprehend your information, you are required to notify the nearest police authority about the accident and remain at the scene until a police officer arrives, unless you are removed from the scene by an emergency vehicle.

What are the penalties if I leave?  The answer depends on how badly the other person involved in the accident is hurt.  Simply failing to stop after an accident on public roads or highways can be charged with a misdemeanor of the first degree. This offense is punishable by a maximum of 180 days in jail and/or a fine not more than $1,000.  If the accident results in serious physical harm to a person, the alleged offender who failed to stop can be convicted of a felony of the fifth degree. This degree of offense can result in a prison sentence from six months to one year and/or fines up to $2,500.  If the accident results in the death of a person, the individual who allegedly failed to stop after the collision can be charged with a felony of the third degree. This offense is punishable by a prison sentence ranging from one to five years and/or fines not exceeding $10,000.

Any other penalties? An individual who has violated this statute will receive a class five suspension, which will result in a suspension from at least six months to three years.  Additionally, an individual who is charged with failure to stop after a collision can receive six points under Ohio’s driving point system. If anyone receives 12 or more points within a two-year period, their license and driving privileges will be suspended under a class D suspension. This may result in a suspension for up to six months.

What If the accident occurs on other than a public road or highway? You must comply with O.R.C. 4549.021 which requires an individual driving or operating a motor vehicle on any public or private property to stop after an accident or collision resulting in injury or damage to persons or property when they had knowledge of the accident or collision. They are also required to submit their information within twenty-four hours to a law enforcement officer if they were previously unable to give the information to the owner.

What are the penalties for violating R.C. 4549.021? This offense is punishable as a first degree misdemeanor or felony of the fifth or third degree depending on the injuries sustained by the other party. Additionally, the alleged offender’s driver’s license will be suspended under a class five suspension, which will result in a suspension from at least six months to three years.

What if I just damage a fence or a tree?  O.R.C. 4545.03 requires the driver of a vehicle involved in an accident resulting in property damage to real property or personal property attached to real property to take reasonable steps to locate the owner of the property and give them their information. If they are unable to locate the owner after a reasonable search, they are required to submit their information within twenty-four hours to a law enforcement officer.  Failure to do so will be punished as a first degree misdemeanor.

Contact Charles M. Rowland II today for a free consultation regarding the serious crimes of leaving the scene, hit/skip, or hit and run described above.  A former prosecutor, Charles Rowland is uniquely qualified to help you avoid the repercussions and consequences of a bad error in judgment. Charles Rowland has worked hard to become one of the most recognized attorneys practicing DUI and criminal law and has created a blog to give credible information about how best to fight your case.  Call (937) 318-1384 now, or contact Charlie on his 24/7 DUI hot-line at (937)776-2671.

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Ohio Driver’s License “POINTS”

January 24th, 2012
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.”

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Posted in Assured Clear Distance, DUI Penalties, Marked Lanes, Ohio BMV Issues, Ohio Traffic Law, Physical Control, Reckless Operation, Speeding

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Fight Your Marked Lanes Violations, O.R.C. 4511.33

January 11th, 2012
Double-yellow line

The National Highway Traffic Safety Administration (NHTSA) has developed a guide for detecting drunk drivers.  In that guide, NHTSA identifies 24 “clues” that potentially impaired drivers exhibit.  Many of those “clues” relate to the driver’s ability to maintain proper lane position.  Your attorney should aggressively defend your driving and point out to a judge or jury other possible causes of weaving such as: texting, eating, telephone calls, conversations with other passengers, changing the radio station, stretching, or fatigue may account for the driving.

Your DUI defense lawyer should also be prepared to argue that your weaving may not violate Ohio law.  Ohio Revised Code 4511.33 is often cited as the reason for initiating a traffic stop.  What does it say?

4511.33 Driving in marked lanes.

(A) Whenever any roadway has been divided into two or more clearly marked lanes for traffic, or wherever within municipal corporations traffic is lawfully moving in two or more substantially continuous lines in the same direction, the following rules apply:

(1) A vehicle or trackless trolley shall be driven, as nearly as is practicable, entirely within a single lane or line of traffic and shall not be moved from such lane or line until the driver has first ascertained that such movement can be made with safety.

(2) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle or trackless trolley shall not be driven in the center lane except when overtaking and passing another vehicle or trackless trolley where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or when preparing for a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle or trackless trolley is proceeding and is posted with signs to give notice of such allocation.

(3) Official signs may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, or restricting the use of a particular lane to only buses during certain hours or during all hours, and drivers of vehicles and trackless trolleys shall obey the directions of such signs.

(4) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device.

(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.

As you can see, Ohio’s “marked lane” law is forgiving and gives a driver a great deal of latitude in leaving a lane of travel.  It states that the car “shall be driven, as nearly as is practicable, entirely within a single lane or line of traffic and shall not be moved from such lane or line until the driver has first ascertained that such movement can be made with safety.”  It is vital that when an officer presents a video tape with de minimus weaving you can make an argument that the law was not violated.

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.”

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