Test Flashcards
F-5 and can be subject to civil action
2919.193 Determination of detectable fetal heartbeat; penalties
No person who is not entitled to do so shall knowingly display on a motor vehicle the emblem of a law enforcement agency or an organization of law enforcement officers.
MM
2913.441 - Unlawful display of law enforcement emblem
No person without WRITTEN consent of owner/lessee of facility AND licensor of a motion picture, shall knowingly operate an audiovisual recording function of a device in a facility showing a motion picture.
M-1 first offense, F-5 on subsequent offenses.
Does not prohibit lawful authorized investigative, law enforcement, protective, or intelligence gathering employee/agent of government of this state or a political subdivision of this state, or federal government when operating in an official capacity.
2913.07 - Motion picture piracy
No later than January 31 of each year, the manufacturer shall supply the local authority with a certificate of proper operation.
If a mobile device, it shall be tested for accuracy and clearly and conspicuously marked on the outside.
If monitoring intersections, the device shall not issue citations for right or left turn on reds if:
The vehicle can safely make the turn.
The vehicle came to a complete stop at any point prior to completing the turn.
No pedestrians are in, or about to enter a crosswalk, during the vehicle’s approach to the intersection.
4511.0911 Traffic law photo monitoring device maintenance records; accuracy; issuance of certain tickets prohibited
A. No person shall abandon, or fail to provide adequate support to:
The person’s spouse, as required by law.
The person’s child who is under 18, or the person’s child with a mental or physical disability who is under 21.
The person’s aged or infirm parent or adoptive parent, who from lack of ability and means is unable to provide adequately for the parent’s own support.
B. No person shall abandon, or fail to provide support as established by a court order to, another person whom, by court order or decree, the person:
Is legally obligated to support.
Was legally obligated to support, and an amount for support.
Was due and owing prior to the date the person’s duty to pay current support terminated and remains unpaid.
C. No person shall aid, abet, induce, cause, encourage, or contribute to a child or a ward of juvenile court becoming a dependent child, or a neglected child.
It is not a defense if the person whom a court has ordered the accused to support is being adequately supported by someone other than the accused.
A and B, M-1, F-5 if 26 weeks out of 104 weeks
C is M-1, each day is a separate offense.
2919.21 Nonsupport or contributing to nonsupport of dependents
At time of entering into a rental contract, the rentee presented an ID that was false, fictitious or not current with respect to name, address, place of employment, or other relevant information.
After receiving a notice demanding the return of rented property, the rentee neither returned the rented property nor made arrangements acceptable with the renter to return the property.
A demand for return is not a prerequisite for the prosecution of a rentee for theft.
2913.72 - Evidence of intent to commit theft of rented property
No person shall operate a vehicle on or onto a public street or highway that is temporarily covered by a rise in water level, including groundwater or an overflow of water, and that is clearly marked by a sign that specifies the road is closed due to the rise in water level. Any violators may be fined up to $2000.
NON WAIVERABLE, MUST APPEAR IN COURT
MM
4511.714 Operation of vehicle on roadway covered by water
4511.01 - 4511.76, for which no penalty is mentioned, are guilty of:
A MM
If within one year a prior traffic offense conviction, M-4
If within one year, two or more traffic offense convictions, M-3.
4511.99 Penalty
RU-486 (mifepristone) - Must satisfy all established federal law before prescribing the abortion drug.
If the drug causes the patient to sustain any adverse reaction, hospitalization, receive a transfusion, or serious event, must report to the state medical board. The board shall compile and retain all reports received. The board shall not release the name or identifying info regarding the patients.
F-4, upgradable to F-3 with prior convictions
2919.123 Unlawful distribution of an abortion-inducing drug
No person shall knowingly and purposefully perform or induce an abortion on a pregnant woman with the specfic intent of causing or abetting the termination of life of the unborn human individual the pregnant woman is carrying and whose fetal heartbeat has been detected.
F-5
2919.195 Performance of abortion after detection of fetal heartbeat; penalty
No person, firm, or corporation shall sell or offer for sale to local authorities any traffic control device that does not conform to the state manual, except by permission of the director.
M-3
4511.11 Local conformity to manual for uniform system of traffic control devices
No person shall knowingly use/operate an aircraft, motor vehicle, motorcycle, motorboat or other motor-propelled vehicle without consent from the owner/authorized to give consent. (M-1)
No person shall knowingly operate an aircraft, motor vehicle, motorboat or other motor propelled vehicle without consent from the owner/authorized to give consent and either remove it from this state or keep possession for more than 48 hours. (F-5)
If the victim is elderly/protected adult, AND incurs a loss as a result of the violation..
Subsection (A) And (B) = (F-5)
$1001-$7499 = F-4
7500-$37,499 = F-3
$37,500+ = F-2
Affirmative defenses - The offender reasonably believed they were authorized OR reasonably believed WOULD authorize them to use the vehicle.
2913.03 - Unauthorized use of a vehicle
Safety study must be conducted THREE YEARS prior to request.
Conduct a public information campaign.
Publish at least one notice in a local newspaper or the location and intent to use. If known, the date first used should also be published.
Refrain from civil fines for the first 30 days of the device being used. Warnings can be sent.
4511.095 Prerequisites for deployment of device
No vehicle may travel upon the left side of the roadway during the following conditions:
When approaching the crest of a grade or upon a curve, where the operators view is obstructed within such a distance to create a hazard.
When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.
Within 100 feet of or traversing any intersection/railroad crossing.
4511.30 Driving upon left side of roadway
Down syndrome - Extra chromosome twenty-one, in whole or in part, or an effective trisomy for chromosome twenty-one.
No person shall purposely perform or induce or attempt an abortion on a pregnant woman if the person has knowledge that the pregnant woman is seeking the abortion, in whole or in part, because of any ot the following:
A test result indicating down syndrome.
A prenatal diagnosis of down syndrome.
Any other reason to believe the unborn child has down syndrome.
F-4
A physician who violates this is liable in a civil action for compensatory and exemplary damages and reasonable attorney’s fees.
A pregnant woman whom the abortion is performed is NOT GUILTY of violating this section, or of attempting to commit, conspiring or complicity.
2919.10 Abortion related to finding of down syndrome
Operators proceeding in opposite directions shall pass each other to the right. On roads not wide enough for more than one line of travel, each operator shall give one-half of the main traveled portion of road, or as nearly one half as reasonably possible.
4511.26 Vehicles traveling in opposite directions
No person shall enter/remain on the land of another with purpose to commit a misdemeanor, in which the elements involve causing physical harm to another person or causing another to believe they will cause physical harm to them. (M-1)
No person shall enter or remain on a critical infrastructure facility with purpose to destroy or tamper with the facility.(F-3)
2911.211 - Aggravated trespass (M-1, F-3)
No person shall place, maintain or display any unauthorized sign or signal which purports to be, is an imitation of or resembles a traffic control device or signal or which attempts to direct traffic or hides from view or interferes with the effectiveness of traffic control devices.
This does not apply to private property adjacent to highways giving useful directional information and not mistaken for traffic control devices. Or the erection of traffic control devices by the owner of real property.
If a sign is in violation, the authority may remove it or cause it to be removed.
MM
M-4 if one prior traffic violation in previous year
M-3 if multiple traffic violations in previous year
4511.16 Unauthorized sign or signal resembling a traffic control device
No low speed vehicles on streets with a speed limit greater than 35.
No motor-driven cycle or motor scooters upon any streets with a speed limit greater than 45.
4511.214 Operation of low-speed, under-speed, or utility vehicle, or a mini-truck
The driver of a vehicle overtaking upon the right of any streetcar stopped for the purpose of receiving or discharging any passengers shall stop at least 5 feet to the rear of the nearest running board and remain standing until all passengers have boarded or upon alighting therefrom have reached a place of safety.
When a safety zone is established, a vehicle does not need to stop before overtaking and may proceed past at a speed not greater than is reasonable and proper considering the safety of pedestrians.
4511.58 Vehicle shall not pass streetcar discharging passengers - exception
No person shall recklessly violate the terms of any protection order, to include one issued by another state.
M-1
F-5 with prior offense, two or more prior menacing, menacing by stalking, agg menacing or aggravated trespass of the same victim.
F-3 if offender commits a felony while violating the protection order
2919.27 Violating protection order
The department of public safety, by and with advice of the department of education, are responsible for ensuring school buses are designed and equipped properly.
No person shall operate vehicles used for pupil transportation within the state that violates the rules.
No more than 9 students shall be transported in the vehicle.
A qualified mechanic must check the vehicle at least two times per year.
Vehicle can not be stopped in the roadway to load or unload students.
4511.76 Administrative rules for school bus construction, design, equipment, operation and licensing
No married person shall marry another or continue to cohabit with such other person in this state.
Defense - The actor’s spouse was continuously absent for FIVE years immediately preceding the subsequent marriage, AND was not known by the actor to be alive within that time.
M-1
2919.01 Bigamy
No vehicle shall be moved until it can be moved with reasonable safety.
Before backing, operators shall exercise vigilance not to injure persons or property on the street or highway.
No persons shall back a vehicle on a freeway, except: in a rest area, performance of public works or official duties, as a result of an emergency caused by accident or breakdown of a motor vehicle.
4511.38 Rules for starting and backing vehicles
When two vehicles approach an intersection from different streets at about the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
4511.41 Right-of-way rule at intersections
Arresting officer must document or include in a report accompanying the complaint the following:
The officer observed on the alleged victim objective manifestations of physical harm that the officer reasonably believes are the result of the alleged offense.
That the officer reasonably believes the person had at the time of the offense a deadly weapon or dangerous ordnance.
The officer reasonably believes that the person presents a credible threat of serious physical harm to the alleged victim or any other person if released on bail before trial.
The court shall also consider:
If the offender has prior history of DV or violent acts.
Mental health of the person.
Whether the person has a history of violating court/government orders.
Whether the person is potentially a threat to any other person.
Whether the person has access to deadly weapons or a history using deadly weapons.
Whether they have a history abusing drugs or alcohol.
The severity of the offense, including the duration of alleged incident, if i involved serious injury, sexual assault, strangulation, abuse during pregnancy, abuse of pets, or forcible entry to gain access to the victim.
Whether a separation of the person from the alleged victim or a termination of the relationship has recently occurred or is pending.
Whether the person has exhibited obsessive or controlling behaviors toward the victim, to include stalking, surveillance, or isolation of the victim.
Whether the person has expressed suicidal or homicidal ideations.
Any information contained in the complaint and any police reports, affidavits, or other documents accompanying the complaint.
2919.251 Bail in certain domestic violence cases
Operators intending to turn left shall yield the right of way to any vehicle approaching from the opposite direction and not turn when an approaching vehicle is close enough to create an immediate hazard.
4511.42 Right-of-way rule when turning left
In a theft offense prosecution, it shall be prima-facie evidence if the offender did any of the following:
Used deception to induce the rental agency to rent to the offender
Hired or rented knowing the offender did not have sufficient means to pay.
Absconded without paying
Knowingly failed to pay as required by contract, without reasonable excuse.
Knowingly failed to return rented property as required by contract, without reasonable excuse.
2913.41 - Defrauding a rental agency/hostelry
No person shall drive any vehicle, other than a bicycle or an electric bicycle if the motor is not engaged, upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway.
No local authority may require bicycles or electric bicycles be operated on only sidewalks.
4511.711 Driving on sidewalk
No person shall knowingly manufacture, possess, deliver, offer to deliver, or advertise a counterfeit telecom device w purpose to use it criminally OR allow it to be used/have reason to believe it would be used to do any of the following:
Obtain/attempt to obtain telecom/information service with purpose to avoid/aid another to avoid a lawful charge for that service.
Conceal the existence, place of origin or destination of telecom/information service.
Does not prohibit/restrict those with an amateur service license issued by Federal Communications Commission from possessing a radio receiver/transceiver intended for amateur radio/lawful purposes.
Does not preclude a person from disputing charges imposed for telecom/information service by the provider.
2913.06 - Unlawful use of telecom device (F-5)
Distracted means doing either of the following while operating a vehicle:
Using an electronic wireless communication device.
Engaging in any activity that is not necessary to the operation of a vehicle and impairs, or reasonably would be expected to impair, the ability of the operator to drive the vehicle safely.
Does not apply to utility service vehicles if responding to an emergency, power outage, or a circumstance affecting health or safety of individuals.
If being cited for distracted driving, police must report the citation to the law enforcement agency and ensure that report indicates the offender’s race.
4511.991 ‘Distracted’ defined; violations committed while distracted
Drivers must yield right of way to any pedestrian on a sidewalk.
4511.441 Right-of-way of pedestrian on sidewalk
Children under four years of age and or less than 40 pounds must be in a child restraint system and properly secured per the manufacturer’s instruction.
Does not apply in taxicab and public safety vehicles.
A child who is less than 8 and less than 4 ft 9 inches shall use a booster seat.
Any child who is at least 8 but not older than 15, shall be secured in either a child restraint / booster or safety belts.
Law enforcement shall not stop a vehicle solely to determine if a child is not in a booster seat or not wearing a seat belt.
An affidavit signed by a physician or a chiropractor licensed in Ohio may exempt the requirement if the use of proper restraints are impossible or impractical for the child.
Failure to secure a child in the proper restraints is not evidence for any other criminal charges or civil actions.
MM - M4 if prior conviction of same offense
4511.81 Child restraint system - child highway safety fund
If an owner of private property posts on the property, in a conspicuous manner, a prohibition against parking on the property or conditions and regulations under which parking is permitted, no person shall do either of the following:
Park a vehicle on the property without the owner’s consent.
Park a vehicle on the property in violation of any condition or regulation posted by the owner.
MM
4511.681 Parking on private property - prohibited acts
No vehicle shall be turned as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, if it cannot be seen within 500 feet by another vehicle approaching from either direction.
4511.37 Turning in roadway prohibited - exceptions
No person, by deception, shall cause another to execute any writing that disposes of or encumbers property, or by which a pecuniary (financial) obligation is incurred.
M-1 if under 1k
F-5 if 1k-7500
F-4 if 7500-150k
F-3 if more than 150k
If elderly/disabled adult/service member/spouse of service member:
F-5 if under 1k
F-4 if 1k-7500
F-3 if 7500-37500
F-2 if 37.5k+
2913.43 - Securing writings by deception
(B) No person shall knowingly make/cause false/misleading statements/representation for use in obtaining REIMBURSEMENT from the medicaid program.
(C) No person, with purpose to commit fraud or facilitate fraud shall do either of the following:
Receive any property, money or other consideration in addition to the amount of reimbursement under medicaid and any cost-sharing expenses.
Solicit, offer or receive any remuneration, other than cost sharing expenses authorized by ORC or rules of medicaid, in cash or in kind, including but not limited to, a kickback or rebate, in connection with furnishing goods/services for which whole or partial reimbursement is or may be made under medicaid.
(D) No person, having submitted a claim for goods/services under medicaid, shall do either of the following for a period of at least SIX years after reimbursement pursuant to that claim/reimbursement
Knowingly alter, falsify, destroy, conceal, or remove any records that are necessary to fully disclose the nature of goods/services for which the claim was submitted.
Knowingly alter, falsify, destroy, conceal, or remove any records necessary to disclose fully all income and expenditures upon which rates of reimbursements were based for that person.
M-1 if under 1k
F-5 if 1k-7500
F-4 if 7500-150k
F-3 if 150k+
2913.40 - Medicaid fraud
No child care provider shall knowingly misrepresent any factor or condition that relates to the provision of child care and that substantially affects the health or safety of any child or children in the provider’s facility or receiving child care from that provider to any of the following:
A parent, guardian, custodian, or other person responsible of a child in their care.
A parent, guardian, custodian or other person who is considering the provider as a care provider for the child.
A public official responsible for issuing the provider a license or certificate.
A public official investigating or inquiring about the provision of child care by the provider.
A peace officer.
The following are examples of what must be disclosed:
Qualifications of employees / volunteers.
Number of children whom care is provided at one time.
Area of facility child care is provided.
M-1
2919.224 Misrepresentation relating to provision of child care
If a parent or guardian request information the child care center must disclose:
Types of injuries sustained by children the previous two years.
Number and each type of injury.
Any death of a child within a 15 year period if the child died while under care of the facility or as a result of injuries sustained while being cared for.
All information shall be kept on file for 3 years.
M-4
2919.227 Information to be provided to prospective users - notice of death of child
A school bus must be painted national school bus yellow and marked on the front and rear “School Bus” in black lettering not less than 8 inches in height. The rear of the bus shall have the word “Stop” in black lettering not less than 10 inches in height.
4511.77 School bus - painting and marking
An officer shall seize the vehicle a person was operating at the time of the offense and the license plates if the vehicle is in the arrested persons name if either apply:
The person has been convicted of one or more OVI’s or equivalent offenses in the previous 10 years.
The person has a prior felony OVI.
If the vehicle is rented or leased for less than 30 days they should be notified within 24 hours after the arrest is made.
4511.195 Seizing and detaining vehicle if operator has prior conviction
When facing a green light, vehicles may proceed straight, turn or conduct a U-turn movement unless there are signs prohibiting such movement. Vehicle shall yield the right of way to:
Pedestrians lawfully within an associated crosswalk.
Other vehicles lawfully within the intersection.
Pedestrians facing a green circular signal are permitted to proceed across the roadway within any marked or unmarked crosswalk. The pedestrian shall yield the right-of-way to vehicles lawfully within the intersection, or so close as to create an immediate hazard.
Pedestrians facing a green arrow signal, unless otherwise directed by a pedestrian signal, shall not cross the roadway.
Steady yellow indicates a warning that a red light is coming.
Flashing yellow, vehicles shall approach with caution. Pedestrians may cross within any marked or unmarked crosswalk and must yield to the right-of-way to vehicles lawfully within the intersection.
Pedestrians shall not cross the roadway when facing a steady yellow light unless otherwise directed by a pedestrian signal.
Steady red means no traffic or pedestrians shall cross and remain stopped.
Flashing red shall be treated as a stop sign. Pedestrians may cross within any marked or unmarked crosswalk and yield the right-of-way to vehicles lawfully within the intersection.
4511.13 Highway traffic signal indications; section not applicable to railroad crossings
No person required to attend a parental education or training program shall fail to attend.
M-4
2919.222 Parental education neglect
Can not be used on interstate highways.
Must follow 4511.095 and 4511.096
Officers present at location may choose to issue a citation if they observe a violation.
If an officer elects not to cite for a violation observed, the offender can still be cited by the photo-monitoring device.
4511.093 Traffic law photo-monitoring devices
No person, knowing they are without privilege and purpose to defraud shall:
Falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record.
Utter any writing or record, knowing it to have been tampered with.
M-1
F-5 if it is an unrevoked will
F-5 if computer software is used and 1k-7500
F-4 if PC is used and 7500-150k.
F-3 if PC is used and over 150k
F-3 if the writing, data, computer software, or record is kept by or belongs to a local, state or federal governmental entity.
2913.42 - Tampering w records
DOT may place and maintain traffic control devices. No local authority shall place or maintain any traffic control device under the jurisdiction of DOT unless given permission by the DIRECTOR OF TRANSPORTATION.
4511.10 Placement and maintenance of traffic control devices
Vehicles must be driven on the right side of the roadway and not cross over or within any dividing space unless in emergency or compliance with police.
4511.35 Divided Roadways
No person attempting or committing a theft offense, or in fleeing immediately after the attempt or offense shall do ANY of the following:
Have a deadly weapon on or about their person or under their control AND EITHER display, brandish or indicate they possess it or will use the weapon.
Have a dangerous ordnance on or about their person/under their control
Inflict or attempt to inflict SERIOUS physical harm on another
No person without privilege to do so shall knowingly remove or attempt to remove a deadly weapon from a law enforcement officer, or shall knowingly deprive or attempt to deprive a law enforcement officer of a deadly weapon when BOTH of the following apply:
The law enforcement officer, at the time of the removal/attempted removal is acting within the scope of their duties.
The offender knows or has reasonable cause to know that the law enforcement officer is a law enforcement officer.
2911.01 - Aggravated robbery (F-1 offense)
The attending physician shall indicate that they do not have knowledge the woman is seeking abortion in whole or part of the possibility the child has down syndrome.
2919.101 Abortion report
Director of transportation shall adopt the rules to carry out the program. The rules shall prohibit the placement of tourist-oriented directional signs at interchanges on state systems.
Programs can be outsourced with a contract.
4511.103 Administrative rules for placement of tourist-oriented directional signs and trailblazer markers
Pedestrians must yield right of way to emergency vehicles. Emergency vehicle operators must still exercise due care to avoid collisions.
4511.452 Right-of-way yielded by pedestrian to public safety vehicle
No person with purpose to defraud/knowing they are facilitating a fraud shall do any of the following:
Falsely make, forge or counterfeit, or alter any obligation/security of the United States.
Pass, utter, sell, purchase, conceal or transfer any counterfeit obligation or other security of the United States.
Possess with purpose to utter any obligation/security knowing that it has been counterfeited.
Without authorization of the issuer, falsely make, forge, counterfeit, alter or possess any access device.
F-4
F-3 If value is 5k-99,999
F-2 if 100k-999,999
F-1 if over 1m
Offender can be charged with Theft, Forgery and criminal simulation alongside counterfeiting if the same conduct and same victim. Considered Allied offenses.
2913.30 - Counterfeiting
No person, with purpose to defraud or knowing they are facilitating a fraud shall:
Receive workers’ comp benefits to which they are not entitled.
Make or present false or misleading statements with the purpose to secure payment for goods/services or to secure workers’ comp benefits
Alter, falsify, destroy, conceal, or remove any record or document that is necessary to fully establish the validity of any claim filed, or necessary to establish the nature/validity of all goods/services for which reimbursement or payment was received/requested from workers’ comp or a self insuring employer.
Enter into an agreement or conspiracy to defraud workers comp or self insuring employer by presenting a false claim.
Make or present or cause to be made/present a false statement concerning manual codes, classifications, payroll, paid compensation, or number of personnel, when information of that nature is necessary to determine the actual workers’ comp premium or assessment owed to the bureau by the employer.
Alter, force, or create a workers comp coverage with intent to defraud the bureau of workers’ comp.
M-1 if under 1k
F-5 if 1k-7500
F-4 if 7500-150k
F-3 if 150k+
2913.48 - Workers’ comp fraud
No person shall perform or induce an abortion without the informed consent of a pregnant woman.
No person shall knowingly perform or induce an abortion upon a woman who is pregnant, unmarried, under 18 and unemancipated unless at least one of the following applies:
The person has given at least 24 hours actual notice to one of the woman’s parents with intention to perform or induce the abortion. The woman can request notice to be given to a specified sibling who is atleast 21 years old, or to a specified stepparent.
Juvenile court can execute an affidavit to allow. If the juvenile court fails to respond, she may get the abortion.
If a person other than the parent/guardian is to be notified, the woman must execute an affidavit stating she is in fear of physical, sexual or severe emotional abuse from the guardian. The person other than the guardian must also execute an affidavit advising the same with the juvenile court.
If no response from the parent, guardian or sibling is received within 48 hours, the abortion may proceed.
2919.12 Unlawful abortion
Funeral procession is two or more vehicles accompanying the cremated remains or body of a deceased person in daytime. Vehicles must have headlights on and display a purple and white or orange and white pennant attached to their vehicle that is clearly visible to traffic approaching from any direction.
Except public safety vehicles, all other vehicles shall yield the right of way to the funeral procession. Whenever the lead vehicle in a funeral procession lawfully enters an intersection, all other vehicles may continue through regardless of traffic control. Funeral procession operators must exercise due care to avoid colliding with other vehicles or pedestrians.
Headlights must be turned on and orange/white or purple/white pennants must be visible. If not, MM, M-4, or M-3 depending on priors.
4511.451 Right-of-way of funeral vehicle
No person shall experiment upon or sell the product of human conception which is aborted. Experiment does not include autopsies.
M-1
2919.14 Abortion trafficking
4511.092 - 4511.0912 does not apply if on school buses for the purpose of passing stopped school bus violations.
4511.0913 Applicable law
Operators of a commercial motor vehicle shall comply with all traffic control devices including scale locations or by order of a police officer directing them to be weighed or inspected.
If equipped with an electronic clearance device authorized by the superintendent of the state highway patrol, they may bypass the scale locations if either apply:
The transponder displays a green light or other visual signal and also sounds an affirmative audible signal;
Any other criterion established by the superintendent is met.
MM
M-4 if one prior traffic offense in the last year
M-3 if multiple traffic offenses in the last year
4511.121 Bypassing vehicle weighing locations
Multiple offenses can be tried together, to include multiple victims. Market value or replacement cost for new similar items.
2913.61 - Finding value of stolen property
No person on a roadway outside a safety zone shall solicit a ride from a driver or another vehicle.
No person shall stand on a highway for the purpose of soliciting employment, business, or contributions from an occupant of any vehicle.
Charitable organizations may file for a permit, only valid for one year, to ask for charitable donations.
No person shall hang onto or ride on the outside of any motor vehicle, except mechanics/test engineers making repairs or adjustments, workers performing specialized highway or street maintenance or construction under authority of a public agency.
No person shall knowingly permit any person to hang onto or ride outside of any motor vehicle.
No driver of a truck, trailer, or semi shall knowingly permit any person under 16 years of age to ride in an unenclosed or unroofed cargo area if the vehicle is traveling faster than 25 mph, unless either apply:
The storage area is equipped with a properly secured seat with a safety belt and was installed when the vehicle was originally assembled.
An emergency exists that threatens the life of the driver or occupants.
No driver of a truck may permit any person to ride in the cargo area of the truck with the tailgate unlatched.
4511.51 Hitchhiking - soliciting employment, business, or contributions from occupants of vehicle
A)(1) No person shall operate any vehicle within the state, if, at the time of operation, any of the following apply:
The person is under the influence of alcohol, a drug of abuse, or a combination of them.
The person has a concentration of at least .08% BAC but less than .17% by weight per unit volume of alcohol in the persons whole blood.
Plasma or blood serum - .096% - .204% by weight per unit volume
Breath - .08% - .17% per 210 liters of breath.
Urine - .11 - .238 per 100 ml
.17%+ BAC
.204% + weight per unit volume of alcohol in blood serum or plasma
.17%+ of one gram by weight of alcohol per 210L of breath.
.238+ per 100ml of persons urine.
Marihuana metabolite of >35 nanograms per ml of urine or 50 nanograms per ml of persons whole blood, blood serum or plasma.
- No person who has been convicted or pleaded guilty to OVI or physical control within the previous 20 years, shall refuse to submit to the test or tests when requested by a law enforcement officer.
(B) No person UNDER 21 shall operate any vehicle if:
.02% - .08% by weight per unit volume of alcohol in the person’s whole blood.
.03%-.096% by weight per unit volume of alcohol in blood serum or plasma.
.02% - .08% of one gram by weight of alcohol per 210L of breath.
.028g-.11g by weight of alcohol per 100ml of urine.
No person may be convicted of A1 or A2 and B1,2 or 3, but may be charged with both
Blood must be drawn by a doctor, nurse, EMT, qualified technician, chemist or phlebotomist. The drawer may refuse to withdraw blood if they believe the person’s welfare would be endangered.
If after TWO hours the test is not completed, it is considered a refusal.
Blood must be drawn within THREE HOURS (3)
Upon request, the chemical test results shall be made available to the person or their attorney, immediately upon completion
SFST’s must be administered in SUBSTANTIAL COMPLIANCE with the testing standards for any reliable, credible, and generally accepted field sobriety tests that were administered, including but not limited to, the standards set by NHTSA (National Highway Traffic Safety Administration). When the following apply:
The officer may testify the results of SFST
The prosecution can use the SFST’s as evidence.
The court shall admit the testimony or evidence and trier of fact shall give the weight they consider appropriate.
Lab reports must have the following to be admitted as prima-facie evidence:
Signature, under oath, of any person who performed the analysis.
The findings as to the identity and quantity of the substance found.
Copy of notarized statement by the lab director/designee of director with each name of certified analysts, and a notation that performing the specific analysis is involved in their regular duties.
An outline of the analyst’s education, training and experience performing the test and a certification that the lab satisfies quality control standards under the rules of the department of health.
The report can not be admitted unless the prosecutor has provided a copy to the defense attorney or defendant.
The report shall not be prima-facie evidence, if within seven days of receiving the report, the def or def attorney can demand testimony from the person who signed the report. The judge can extend the seven day time limit in the “interest of justice”
Blood drawers are immune from criminal and civil liability of assault or any other claim that is NOT MALPRACTICE. If engaged in willful or wanton misconduct, they are not immune.
M-1, mandatory jail term of Three days, court may impose more time but not exceed six months. Jail time may be suspended by the court.
F-4 if within ten (10) years, have previously been convicted of three or four (3-4), or within twenty (20) years, been convicted of five or more.
F-3 if convicted of a prior felony OVI
4511.19 Operating vehicle under the influence of alcohol or drugs - OVI
DOT may determine a portion of the highway for overtaking or driving left of center. Appropriate signs or markings must indicate the start and end of such zones.
MM, Upgradable to M-3
4511.31 Establishing hazardous zones
Multiple signs may be installed on one panel.
4511.105 Tourist-oriented directional signs to conform to federal manual of uniform traffic control devices
DOT shall not enter into any program to purchase or acquire any outdoor device for, except in cases of Eminent domain, unless the purchase or acquisition program is first approved by the general assembly.
4511.107 Acquiring outdoor advertising devices
The bus must be painted a different color. “Stop” and “School Bus” wording must be obliterated.
A church bus may retain the school bus paint color but must:
Change the words “school bus” to “Church Bus” in black lettering not less than 10 inches in height.
Remove the stop arm and the word “Stop”is covered or obliterated/
Flashing amber and red lights covered or removed.
Inspection decals are covered or removed.
ID number assigned is covered or obliterated.
4511.762 School bus no longer used for transporting school children
No person, with the purpose to defraud or induce another to purchase property/services, shall personate a law enforcement officer, inspector, investigator, or agent of any governmental agency.
M-1
2913.44 - Personating an officer
Means being impaired for any reason to the extent that the person lacks sufficient understanding or capacity to make and carry out reasonable decisions concerning the person or their resources.
2913.73 - Evidence that victim lacked capacity to give consent
Director of transportation may establish speed limits within construction zones that vary based upon type of work being conducted, time of day, or any other criteria the director considers appropriate.
Increased penalties shall be effective only when signs are erected in accordance with the guidelines and when the violation occurs during hours of actual work within the construction zone.
4511.98 Signs as to increase penalties in construction zones
No person shall knowingly do any of the following in an application/enrollment in the medicaid program or in a document that requires disclosure of assets for purpose of determining eligibility.
Make or cause to be made a false/misleading statement.
Conceal an interest in property.
a. Fail to disclose transfer of property that occurred during the period 36 months before submission of application/document ending on the date the doc was submitted.
b. Fail to disclose a property was transferred to an irrevocable trust 36 months prior.
M-1 if under 1k
F-5 if 1k-7500
F-4 if 7500-150k
F-3 if 150k+
2913.401 - Medicaid eligibility fraud
Examples of Low-Speed micro mobility - E bikes and E scooters
Low-speed micro mobility device - Less than 100lbs, has handlebars, propelled by electric motor or human power, speed of less than 20mph.
A low speed micro mobility device may be operated on streets, sidewalks, paths and any area that are exclusive for bicycles.
No operator of a low-speed micro mobility device shall do any of the following:
Fail to yield right of way to all pedestrians at all times.
Fail to give an audible signal before overtaking and passing a pedestrian.
Operate the device at night, unless it is equipped with a front light (visible from 500 feet) and a red reflector (visible from 100-600 feet)
No person under the age of 16 shall rent a low-speed micro mobility device.
No person shall knowingly rent a low-speed micro mobility device to a person under 16, or rent one on behalf of someone under 16.
No person shall operate a low-speed micro mobility device at a speed greater than 20mph.
MM, Strict liability offense
4511.514 Low-speed micro mobility devices
No person with purpose to defraud/know/facilitate a fraud shall:
Forge any writing of another without authority.
Forge any writing that purports to be genuine when it’s spurious (false/fake), or to be the act of another, been executed at a time/place or terms different than reality, or a copy of an original when it didn’t exist.
Utter, possess w purpose to utter, any writing that is known to be forged.
(B) No person shall do either of the following:
Forge an ID
Sell/distribute a card that purports to be an ID knowing it is forged.
(A). F-5
F-4 if 7500-149,999
F-3 if 150k+
If elderly/disabled adult:
F-4 if 1k-7499
F-3 if 7.5k-37.5k
F-2 if 37.5k+
(B) M-1, if prior convictions court shall impose a fine no less than $250
2913.31 - Forgery - ID cards / sell/distribute ID cards
No person, with purpose to defraud or knowing they are facilitating a fraud shall:
Present to, or cause to be presented to, an insurer any written or oral statement that is part of, or in support of, an application for insurance, a claim for payment pursuant to a policy, or a claim for any other benefit pursuant to a policy, knowing that the statement is false or deceptive.
Assist, aid, abet, solicit, procure, or conspire with another to prepare or make any written or oral statement that is intended to be presented to an insurer in support of an application or claim that is false or deceptive.
M-1 if under 1k
F-5 if 1k to 7500
F-4 if 7500 - 150k
F-3 if over 150k.
2913.47 - Insurance fraud
No physician shall personally furnish or provide an abortion-inducing drug to a pregnant woman unless the physician is physically present at the location where the initial dose of the drug is consumed.
F-4, upgradeable to F-3
2919.124 Unlawful performance of drug-induced abortion
Operators of a vehicle shall not follow more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic and conditions of the road.
When drawing another vehicle and ascending to a crest where the visibility is obstructed, shall not be within 300 feet of another vehicle drawing another vehicle. This does not apply for lanes specifically made for truck usage.
MM -> M3
4511.34 Space between moving vehicles
Every person riding, driving or leading animals on the roadway must adhere to traffic laws, unless by their nature, they are inapplicable.
4511.05 Persons riding or driving animals upon roadways
No person operating a bike or electric bike shall ride other than upon or astride the permanent regular seat attached or carry another person upon the bike other than upon a firmly attached and regular seat. No person shall ride upon a bike other than upon a firmly attached seat.
No person operating a motorcycle shall ride other than upon the permanent and regular seat/saddle, or carry a person other than upon a firmly attached seat/saddle, no person shall ride upon a motorcycle other than upon a firmly attached seat/saddle.
No person shall ride upon a motorcycle that is equipped with a saddle other than while sitting astride the saddle, facing forward, with one leg on each side of the motorcycle.
No person shall ride upon a motorcycle that is equipped with a seat other than while sitting upon the seat.
No person operating a bike shall carry any package, bundle, or article that prevents them from keeping at least one hand on the handlebars.
No bike or motorcycle shall be used to carry more persons at one time than designed and equipped. No motorcycle shall be operated on a highway when the handlebars rise higher than the shoulders of the operator while seated.
No person shall operate or be a passenger of a snowmobile/motorcycle without safety glasses or protective eye device.
If under 18 or a motorcycle novice, as an operator or passenger, must wear a helmet approved by DOT and no other person may be a passenger unless wearing a DOT approved helmet.
No person with a valid temp instruction permit shall do any of the following:
Operate a motorcycle when lighted lights are required.
Carry a passenger.
On a limited access highway or heavily congested roadway.
A child may be carried in a seat or trailer designed for carrying children and is firmly attached to the bicycle or electric bicycle.
4511.53 Operation of bicycles, motorcycles and snowmobiles
No holder of a temp permit under the age of 18 and no holder of a probationary driver’s license shall drive a motor vehicle on public roads while using an electronic telecommunications device.
The following are exceptions:
1. The use for emergency purposes, contacting emergency services.
2. While stationary and outside of the lane of travel.
3. A navigation device in a voice operated/hands free mode and doesn’t manipulate it while driving.
4511.205 Use of devices by persons under 18 years of age
The court that sentences the offender, as a part of its sentence, shall require the offender to repay the fees to the local authority, the owner, or the person who paid the fees on behalf of the owner.
2913.82 - Towing or storage fees to be paid by person convicted of theft offense that involves motor vehicle
DOT, on the right hand roadway that is at least three lanes.
4511.351 “Keep right except to pass” signs
Any driver of an emergency or safety vehicle, when responding to an emergency call, upon approaching a red light or stop sign shall slow down as necessary for safety to traffic, but may proceed cautiously with due regard for the safety of all persons.
MM
M-4 if guilty of one traffic offense in previous year
M-3 if two or more traffic offenses in previous year
4511.03 Emergency Vehicles at red light / stop sign
A pregnant woman is not guilty of attempting, conspiring, complicity and is not subject to civil actions for abortions being performed upon her.
2919.198 Immunity of pregnant woman
Shall not be done unless to preserve the life or health of the mother.
Does not apply if a legal abortion was attempted and the act caused it to be partially born, even though the death of the fetus occurs after it is partially born.
F-2
2919.151 Partial birth feticide
No person shall operate a vehicle at such an unreasonably slow speed as to impede or block the normal and reasonable movement of traffic, except when stopping or reduced speed is necessary for safe operation or to comply with law.
4511.22 Slow speed
If a person complies with the requirements of the above under good faith belief that is it not subject to a restraining order or injunction, good faith compliance shall constitute a complete defense to any criminal, civil, or professional disciplinary action for failure to comply with the above.
2919.122 Application of unlawful abortion on a minor law
No person shall knowingly do any of the following:
Attach, affix or otherwise use a counterfeit mark in connection with the manufacture of goods/service, whether or not they are intended for sale/resale. (F-5)
Possess, sell, or offer for sale tools, machines, instruments, materials, articles or other items of personal property with the knowledge they are designed for the production of counterfeit marks. (M-1)
Purchase or acquire goods, and keep or otherwise have the goods in their possession, with the knowledge a counterfeit mark is attached/affixed or otherwise used in connection with the goods and with the intent to sell/dispose the goods. (M-1)
Sell, offer for sale or otherwise provide services with the knowledge that a counterfeit mark is used in connection with the sale/offer for sale or other provision of the service. (M-1)
Law enforcement may seize pursuant to Criminal Rule 41, Chapter 2933 or 2981.
2913.34 - Trademark counterfeiting
Initial appearance shall be held within FIVE (5) days following arrest for OVI or Physical Control.
4511.196 Initial appearance
DOT may establish and revise at any time an annual fee to be charged for participation in the traffic generator sign program.
4511.108 Traffic generator sign program
Coroners vehicles are not exempt from speeding. They are exempt from most lane violations, passing violations and they can park on highways.
4511.042 Exception to traffic rules for coroners vehicles
The owner, operator or employee of a funeral home shall not be liable in damages in a civil action for injury, death, loss to person or property that allegedly arises from the movement of a funeral procession if either apply:
The procession is in accordance with 4511.451.
The procession is generally in accordance with 4511.451, but an operator not from the funeral home fails to do either of the following.
Exercise due care as required.
Comply with lights/pennant displayed if informed of requirements by funeral home/employee.
The above do not apply if willful, wanton or intentional acts/omissions, or negligent or reckless acts occurred by the owner, operator or employee.
4511.453 Immunity of funeral home operator
Two or more vehicles side by side traveling at excess speeds. Two vehicles rapidly accelerating from a common starting point.
M-1, suspended license for at least 30 days up to 3 years.
4511.251 Street racing
When emerging from a driveway or private road within a business or residential district, the driver shall stop prior to entering the sidewalk area, or point nearest to the street if there is no sidewalk where the driver can have a view of traffic.
4511.431 Stop prior to driving on sidewalk area
The driver of a vehicle shall not overtake and pass upon the left, nor drive upon the left side of any streetcar proceeding in the same direction, whether such streetcar is in motion or at rest, except:
When directed by police or traffic control device.
Upon a one-way street.
Upon a street where the tracks are so located as to prevent compliance with this section.
When authorized by local authorities.
The driver of any vehicle when permitted to overtake and pass upon the left of a streetcar which has stopped to receive or discharge passengers shall give pedestrians the right of way.
4511.57 Passing on left side of streetcar
Viable - The stage at which development of the human fetus where there is a realistic possibility of the maintaining and nourishing of a life outside of the womb with or without temporary artificial life-sustaining support.
No person shall purposely perform or induce or attempt to perform or induce an abortion on a pregnant woman when the unborn child is viable.
F-4
2919.17 Terminating or attempting to terminate human pregnancy after viability
When overtaking, an operator shall give signal, pass to the left and not reenter the right lane until safely cleared the vehicle.
When being overtaken, the operator shall give right of way to the passing vehicle and not increase speed until fully passed.
If passing a bicycle/electric bicycle, you must allow THREE FEET OR MORE.
4511.27 Overtaking and passing of vehicles proceeding in the same direction
Operators of vehicles shall stop within 50 but not less than 15 feet of the nearest rail of the tracks and shall exercise due care before proceeding across.
4511.61 Stop signs at dangerous highway crossings over railroad tracks
No driver shall enter an intersection, marked crosswalk, or drive onto any railroad grade crossing unless there is sufficient space on the other side to accommodate the vehicle the driver is operating without obstructing the passage of other vehicles, notwithstanding any traffic control signal indication to proceed.
4511.712 Obstructing intersection
A civil action may be filed for wrongful death of her unborn child if either or both apply:
An abortion was performed in violation of 2919.193 or 2919.195.
The woman was not given information described in 2919.194 or did not sign the form described in 2919.194.
2919.199 Civil action for wrongful death of unborn child.
