Category: Ohio Traffic Law

Commercial Drivers Beware – OSP To Target You This Week

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Commercial Drivers Beware!

The Ohio State Highway Patrol joined a week-long effort focused on increasing commercial drivers  tickets. The initiative includes officers with the Michigan State and Indiana State police departments, who will focus on violations by commercial vehicle drivers that are proven to contribute to crashes, including: speed, following too closely, improper passing, distracted driving and improper lane use. The initiative began Monday and runs through Saturday, Dec. 12.

cdl driversThis type of enforcement is grant-funded and designed to cause untold problems with truck drivers who depend on their license to earn a living. What makes it particularly ugly is that commercial drivers are some of the best and safest drivers on the road. This kind of arbitrary enforcement has the unintended consequence of causing people to see traffic enforcement as a rigged game.  When this happens, respect for the rule of law diminishes.

If you have a commercial drivers license and need an attorney this week, please give Dayton DUI Attorney Charles M. Rowland II and attorney Mark J. Babb (Babb & Rowland, LLC)  a call.

 

Ohio traffic law

Ohio Traffic Law Update: New Stop Signs At RR Crossings

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Ohio Traffic Law Update!

Drivers in Ohio will notice that stop signs 6are replacing yield signs at certain railroad crossings.  Nearly two thousand new stop signs are being installed and officers are standing by to issue tickets. In 2013, the Ohio legislature adopted this new provision in an effort to increase safety around railroad crossings.

If you find yourself in need of an Ohio traffic law attorney, please give Babb & Rowland a call.

physical control

No, A Physical Control Does Not Count As A “Prior Offense”

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We get this Physical Control Question Quite a Bit!

A physical control conviction (R.C. 4511.194) does not count as a “prior offense” for purposes of enhancing a subsequent OVI (drunk driving) charge.  This principle is spelled out in case law and in statute.  R.C. 4511.181 sets forth the offenses that count as prior convictions.  It does not list a violation of physical control (R.C. 4511.194) as a predicate offense.  It does not matter if the prior conviction  was charged under R.C. 4511.194 or as a violation of a municipal ordinance. This is set forth at R.C. 4511.182(A) and in State v. Schultz, 2008-Ohio-4325 (Ohio Ct. App. 8th Dist. Cuyahoga County 2008). If you have questions about Ohio OVI laws, please give us a call.

traffic fatalities

Traffic Fatalities In Ohio On The Rise

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As of Sunday, there were 665 traffic fatalities in Ohio. By mid-August 2014, there were 571 confirmed fatalities due to traffic crashes, according to the Ohio State Highway Patrol. This trend is happening all over the country. According to the National Safety Council, the United States had a 14 percent spike in traffic fatalities during the first half of the year. The Illinois-based organization said that about 19,000 people died in traffic crashes through June, up from 16,180 for the same period in 2014. It should also be noted that these statistics do not take into account two of the years more dangerous months: July and August. The country could be witnessing the highest number of traffic-related deaths since 2007.

Given these numbers, you can expect a greater push by the Ohio State Highway Patrol, the Ohio Department of Transportation, the Ohio Public Safety Department and the Governors Highway Safety Association to crack down on issues affecting traffic fatalities.  What will they target? Educated guesses usually include people who are driving impaired, not wearing a seat belt, or driving while distracted — or all of the above.

Check HERE for the Columbus Dispatch Story on Ohio Traffic Fatalities
traffic fatalities

New Restrictions For Juvenile Drivers In Ohio Begins Today

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Beginning July 1, 2015, juvenile drivers issued a probationary license will face restrictions on when they can drive and how many passengers are allowed in the car while driving based on experience instead of age. This change is a result of Ohio’s Drive Toward a Safer Ohio Initiative and is an effort to increase the level of experience for Ohio’s young drivers.

“The change in driving times and the passenger restrictions during the first 12 months of driving allows Ohio’s young motorists to gain more experience on the road, while reducing their risks,” said Karhlton Moore, Executive Director of the Office of Criminal Justice Services. “This will help them become safer drivers.”

Whether these measures will actually work is of little concern to Ohio lawmakers as juvenile drivers make up only 5 percent of all drivers. The legislature did make a change in the law that will allow teen drivers to drive past 10 p.m. and would not require an additional six months with a parent or guardian if the juvenile driver has a moving violation.

Probationary drivers under the age of 18 will have the following restrictions during the first 12 months with a license:

  • No driving between midnight and 6 a.m., unless that driver is accompanied by a parent or a guardian. Those with valid documentation from work, school or church allowing for travel for activities between these hours are exempt;
  • No driving with more than one non-family member in the car;
  • All passengers must wear safety belts at all times; and
  • No use of mobile communication while driving.

For more information on laws affecting juvenile drivers in Ohio, please contact us at (937) 318-1384.

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