Ohio Traffic Law

Marked Lanes Violations & Traffic Stops

August 28th, 2013

marked lanesWhen can a police officer make a stop for a marked lanes violation?

In State v. Houck, 2011-Ohio-6359, Ohio’s Fifth Appellate District considered the legal standards required to stop a person for a marked lanes violation. See O.R.C. 4511.33

“In Ohio, when a driver commits only a de minimis marked-lanes violation, there must be some other evidence to suggest impairment before an officer is justified in stopping the vehicle. See State v. Gullett (1992), 78 Ohio App.3d 138, 145, 604 N.E.2d 176, 180–181. In Gullett, the Fourth District Court of Appeals concluded that the mere crossing of an edge line on two occasions did not constitutionally justify the stop. Similarly, this court has held that where there is no evidence of erratic driving, ‘other than what can be considered as insubstantial drifts across the lines,’ there is not sufficient evidence to justify an investigative stop. State v. Drogi (1994), 96 Ohio App.3d 466, 469, 645 N.E.2d 153, 155. However, as discussed above, under certain circumstances, an incident or incidents of crossing lines in the road may give a police officer reasonable suspicion to stop a vehicle, depending on those factors that indicate the severity and extent of such conduct. Id.; State v. Johnson, 105 Ohio App.3d at 40, 663 N.E.2d at 677.”

If you are arrested on suspicion of drunk driving, talk to your attorney about challenging your arrest based on the above marked lanes (O.R.C. 4511.33) violation.  If you are able to demonstrate that there was no “reasonable and articulable suspicion” for the stop, your stop is illegal and may lead to the suppression of evidence.

Ohio DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driving in Dayton and throughout the Miami Valley.  He has been featured in Car & Driver and Time Magazine as a leader in his field and has the credentials and experience necessary to win your Ohio OVI case.

Contact Charles M. Rowland II at (937) 318-1384 or toll-free at 1-888-ROWLAND [888-769-5263].  Stay up to date on Ohio OVI law at our Facebook page. You can follow @DaytonDUI on Twitter, Tumblr, Pintrest and YouTube.  Put DaytonDUI at your fingertips by downloading the DaytonDUI Android app or text DaytonDUI (one word) to 50500 to get information sent directly to your cell phone. For city specific information, please click on the links below:

Dayton, Springfield, Beavercreek, Centerville, Miamisburg, Xenia, Vandalia, Huber Heights, Fairborn, Oakwood, Piqua, Troy, Springboro, Franklin and Lebanon.

Marked Lane Violation Overturned By Third District Court of Appeals

August 21st, 2013

State v. Shaffer, 2013-Ohio-3581 Overturns Marked Lane Violation

marked lane violation

In a decision that will impact many OVI cases, the Third District Court of Appeals ruled that a trooper did not have a “reasonable, articulable” suspicion to stop a Paulding County woman for a marked lanes violation. O.R.C. 4511.33.   Accordingly, her convictions for reckless operation and failure to drive within the marked lanes were reversed.

In the court’s unanimous decision, authored by Judge Stephen R. Shaw, the court agreed with Shaffer’s claims “that Trooper Sisco’s testimony that a vehicle’s tires touched the white fog line on a single occasion, causing the right fender of the vehicle to extend slightly over the line for three seconds, without any other evidence in the record addressing either the practicability or safety of the circumstances, is not sufficient to establish reasonable, articulable suspicion of a marked lane violation of R.C. 4511.33(A)(1).”

Judge Shaw particularly pointed to one specific phrase in section (A)(1).

“We believe the language ‘as nearly as is practicable’ inherently contemplates some inevitable and incidental touching of the lane lines by a motorist’s vehicle during routine and lawful driving, without the vehicle being considered to have left the lane of travel so as to constitute a marked lanes violation,” Judge Shaw wrote.

“Accordingly, it is our conclusion that consideration of the statutory factors of practicability and safety is integral to any determination of a violation of R.C. 4511.33(A)(1).”

“The fact remains that in this case there is no evidence in the record from which any legitimate inference can be drawn regarding either one of these requisite statutory elements,” Judge Shaw noted.

“Accordingly without some additional evidence in the record regarding the surrounding circumstances, traffic and road conditions going to the express statutory language regarding either practicability or safety, we cannot conclude that the act of Shaffer driving onto the white fog line one time for a matter of three seconds is alone sufficient to establish the requisite reasonable and articulable suspicion to stop Shaffer for a violation of R.C. 4511.33(A)(1).”

In conclusion, Judge Shaw wrote: “We simply believe our decision is more consistent with the specific statutory language of R.C. 4511.33(A)(1), which among other things, refers to the movement and location of vehicles, not tires.”  For a link to the Marked Lane Violation statute, please visit this link [HERE].

 

Ohio 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 drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 

 Find city-specific Ohio DUI information on Marked Lane Violation in specific cities, please follow these links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville 

 

Ohio DUI Laws: An Overview

August 12th, 2013

ohio dui lawsThis post collects together in one place many of the Ohio DUI Laws that arise in drunk driving cases.  

Some Ohio DUI laws are listed because law enforcement will charge these offenses to establish probable cause for pulling over your vehicle.  If you need to find out more about a specific law, or how the statute has been interpreted or applied, call Charles M. Rowland II at (937) 318-1384 or read about the specific Ohio DUI law at the Ohio DUI Law Blog.

Operating a Vehicle Impaired (OVI); O.R.C. 4511.19

This is Ohio’s drunk driving statute (Ohio’s DUI law).  It is a complex and constantly changing statute that encompasses impaired driving by having a prohibited concentration of alcohol or drugs as well as the charge of driving impaired based on no test or a defendant’s refusal to take a chemical test.  The statue has been expanded to include both high-tier and low-tier OVI charges as well as setting the under 21 prohibited concentration.  Ohio DUI laws are complex and require the assistance of an experienced Ohio DUI attorney.

Aggravated Vehicular Homicide; O.R.C. 2903.06

Ohio DUI Laws: Aggravated Vehicular Homicide is a crime that results from the death of another caused by the defendant’soperating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The statute  encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death.

Aggravated Vehicular Assault; O.R.C. 2903.08

Ohio DUI Laws: Aggravated Vehicular Assault is the crime of causing serious physical harm to a person while violating Ohio’s drunk driving statute.

Operating A Vehicle After Underage Consumption (OVUAC); O.R.C. 4511.19(B)

Ohio DUI Laws: O.R.C. 4511.19(B) makes it illegal for persons under 21 years of age to drive a vehicle with a concentration of .02 percent, but less than .08 percent by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine.  (1994 S.B. 82, eff. 5/4/94).

Having Physical Control of a Vehicle While Under the Influence (Physical Control); O.R.C. 4511.194

Ohio DUI Laws: The crime of “Physical Control” involves being in physical control of a vehicle while under the influence of alcohol or a drug of abuse.  This definition means that you do not have to be driving or operating the car.

Reckless Operation; O.R.C. 4511.20

Reckless operation in Ohio can constitute any number of offenses within the Ohio Revised Code dealing with operation of a vehicle with willful or wanton disregard to persons or property. It can be charged as a 3rd degree misdemeanor, a 4th degree misdemeanor or as a minor misdemeanor under Ohio law.

Boating Under the Influence (BUI); O.R.C. 1547.11

Penalties for Boating Under the Influence offenses are set forth at O.R.C. 1547.99 and are similar to those provided for DUI/OVI offenses.  Boating Under the Influence is a first degree misdemeanor and is subject to a minimum 3-day jail sentence and a maximum 6 months in jail.  The 3-day jail sentence can be served in a qualified driver intervention program.  The minimum mandatory fine for a first BUI offense is $150.  The language of the statute is broad, including control of any vessel underway or shall manipulate any water skis, aquaplane, or similar device on Ohio waterways.

Driving in Marked Lanes (Marked Lanes); O.R.C. 4511.33

A marked lanes charge is often a companion charge to a DUI/OVI offense.  It is also a “cue” that the officer may look for based on his/her National Highway Transportation Safety Administration training.

Lanes of travel upon roadways of sufficient width; O.R.C. 4511.25

Going the wrong way on a designated roadway or traveling into the “other” lane may be a violation of the “Lanes of Travel” law.  Some experienced officers choose to charge this offense rather than a Marked Lanes violation or charge this in combination with a Marked Lanes violation.

Turn and Stop Signals; O.R.C. 4511.39

“No person shall turn a vehicle… or move right or left upon a highway unless and until such person has exercised due care to ascertain that the movement can be made with reasonable safety nor without giving an appropriate signal in the manner hereinafter provided. When required, a signal of intention to turn or move right or left shall be given continuously during not less than the last one hundred feet traveled by the vehicle… before turning.”

Underage Consumption or Possession; O.R.C. 4301.69

This statue encompasses the crime of possessing and furnishing alcohol to minors.  If you are under 21 years old, drinking alcohol is illegal in the State of Ohio.  Ohio Revised Code 4301.69(E)(1) provides that “No underage person shall knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor in any public or private place. No underage person shall knowingly be under the influence of any beer or intoxicating liquor in any public place.”  As a parent, you cannot give alcohol to your teen’s friends under the age of 21, under any circumstance, even in your own home, even with their parent’s permission.

Speeding and Assured Clear Distance, Following Too Closely; O.R.C. 4511.21

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.  According to the Ohio State Highway Patrol, there were more than 65,500 crashes statewide last year because of drivers following too closely. And of those crashes, 58 died and 18,552 were injured.

License Plate Light Not Illuminated, O.R.C. 4513.05

In Ohio, it is illegal to operate a motor vehicle without a white light illuminating the rear registration plate. See O.R.C. 4513.05.  This law is often used as a pretext for a traffic stop which allows the officer to come into contact with the motorist. This is among the more “ticky-tack” reasons to pull someone over and the public views this as something of an underhanded trick used by law enforcement to justify a stop.

Driving Under SuspensionO.R.C.4510.14

Driving under an OVI suspension is a violation of Ohio Revised Code 4510.14.  It is a separate offense from a DUI/OVI charge and carries harsh mandatory penalties. With the use of “party plates” which stigmatize people convicted of DUI and their innocent family members, and the increased use of computer license plate readers, Ohioans are seeing an increase in the number of people being ticketed for driving under suspension.

Ohio DUI/OVI 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 drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville 

Ohio OVI Law: The Habitual Offender Registry

August 6th, 2013

morguefile free beer can topOhio OVI law states that you  can’t be a chronic alcoholic and drive in Ohio.  Ohio driver’s license laws forbid the issuance of a driver’s license to, or the retention of a license by, a person who is “alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person’s ability to operate a motor vehicle with the required degree of safety” (Ohio R.C. 4507.08(D)(1).  Such persons will be placed on Ohio’s Habitual Offender Registry.

If you have an OVI conviction after September 30, 2008 and you have four or more prior OVI (or equivalent) convictions in the past 20 years, you will be placed on the Ohio Habitual Offender Registry.  The Registry includes the name, address, and date of birth of offenders as well as their date of convictions.  The Registry is accessible to the public.  Offenders remain on the Registry until they no longer have five or more offenses within the past 20 years.  Such easily accessible information raises significant privacy concerns.  Ohio is one of very few states that have created such a registry.

If you are placed on the “Habitual Offender Suspension” registry, you will need to take specific steps to be removed.  The Ohio Bureau of Motor Vehicles will monitor your progress by ensuring that the Habitual Offenders completes a treatment / rehabilitation program after the date of the last Ohio OVI conviction.  To be removed from the registry, you must complete the following steps:

1. BMV Form 2326 must be completed by a license physician, licensed psychologist, or a certified alcoholism counselor.  The form must attest that you have completed treatment successfully.

 

2. This person must vouch for the offender’s successful completion of the rehabilitation program and continous sobriety for at least 6 months AFTER completing the program.  

 

3. BMV Form 2326 must be returned to the Ohio BMV within 90 days of it being completed.

 

4. Once this form is completed and submitted, the Special Case / Medical Unit will review all the information and make a decision about lifting the Habitual Offender Suspension.

 

5. If, however, within 1 year from the date of restoration the offender gets convicted of another DUI (or “equivalent offense” the suspension will be reinstated.

 

The following offenses constitute “equivalent offenses” for purposes of the statute: Physical Control Offenses(O.R.C. 4511.194); Misdemeanor OVI convictions (both test and refusal cases); Boating Under the Influence; OVUAC(underage/juvenile OVI); DUID (driving under the influence of drugs); OVI while operating under a Commercial Driver’s LicenseVehicular Assaults(including aggravated vehicular assaults); Vehicular manslaughterInvoluntary manslaughter with alcohol; Vehicular homicide (including aggravated vehicular homicide);

If you face placement on Ohio’s Habitual Offender Registry, please CONTACT Dayton Ohio DUI lawyer Charles M. Rowland II at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263), or text DaytonDUI (one word) to 50500. www.DaytonDUI.com has proudly served Dayton and the Miami Valley since 1995.  He has been featured in both Time Magazine and Car & Driver Magazine for his leading role in DUI Defense. “ALL I DO IS DUI DEFENSE

DUI & The International Driver’s License

July 25th, 2013

IDCECardforSiteIn Ohio, there is no such thing as an international driver’s license for United States citizens.  If you are using an “international driver’s license” in place of a state-issued license, you should stop immediately. It is illegal, and if caught, you will face criminal charges.  If your Ohio State driver’s license has been revoked due to a DUI (now called OVI)you cannot drive here on any other license. If you have a valid license from somewhere else, you may be able to drive in other jurisdictions. Check with local counsel.

If, however, you are a new arrival to the United States you may use a valid license from your home country for up to one year from the date of your arrival in the U.S. Your I-20 or DS-2019 must have been issued for a duration of time that exceeds one year in order to obtain an Ohio Drivers License. (source)  Be sure that your home country has reciprocal driving privileges with the United States before attempting to drive on your home country driver’s license in Ohio.  You can contact the Ohio Bureau of Motor Vehicles at (614) 752-7500.

An international driver’s license, which is not a valid document, should not be confused with an International Driving Permit (IDP), which functions as an official translation of a U.S. driver’s license into 10 foreign languages.  IDPs are not intended to replace valid U.S. state licenses and should only be used as a supplement to a valid license. An IDP is honored in more than 150 countries outside the U.S., but it must be accompanied by a valid driver’s license at all times. It has no value on its own and is not a substitute for a driver’s license.  Valid IDPs can be purchased only from the American Automobile Association (AAA) and the National Automobile Club (NAC), formerly the American Automobile Touring Alliance. These organizations are allowed only to sell permits to drivers older than 18 who possess valid drivers’ licenses issued by a U.S. state or territory. AAA and the NAC charge $15 for each International Driving Permit.

More detailed information about getting an Ohio driver’s license and license plates can be found in the Digest of Ohio Motor Vehicle Laws. (also available in Español and Somali). You can also find information for new Ohio residents who hold a valid driver’s license from another state and want to get an Ohio driver’s license in the Digest.

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.