Category: Ohio Traffic Law

cleveland plain dealer file photo speed camera

Speed Camera Scams Still A Thing In Ohio

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If you think that Senate Bill 342 banned all speed cameras, you must not have driven through Newburgh Heights. Tucked over off I-77, Newburgh Heights has continued issuing tickets with hand-held devices that don’t require officers to pull anyone over to issue a citation. To supplement their budget, they are churning out tickets at the tune of 300 per week. Plenty of folks aren’t happy about it but Newburgh Heights doesn’t care.  Another Ohio city, Linndale, has built essentially a house with all the comforts of home — so that it can reap the benefits of traffic cameras while some Linndale officer is paid to sit there. You can read more about the implementation of the bill at Cleveland.com.

Despite the obscene money grab, Ohio cities are desperate to use Ohioans as a source of revenue via the implementation of corrupt (and corrupting) policing for profit tactics.  This scheme was laid bare with the revelations following the events in Ferguson, Missouri and spurred several calls for reform. The federal government, along with many states (including Ohio) have begun asset forfeiture reform and a bill to reform the criminal justice system is being debated in the US Senate. But here, in sleepy Ohio towns, the desire for money is too strong to care about the respect for the law and the ramifications of destroying the citizens faith in law enforcement and the criminal justice system.

 

Dayton OVI attorney

Drive Sober Or Get Pulled Over In Full Effect!

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The annual “Drive Sober or Get Pulled Over” campaign, sponsored by the National Highway Traffic Safety Administration, MADD and local law enforcement agencies, is in full effect. The OVI (drunk driving) crackdown will last from now until January 1st. Below is the new ad for 2015.

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.