Testing Flashcards
(208 cards)
1
Q
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
A
2913.441 - Unlawful display of law enforcement emblem
2
Q
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.
A
2913.07 - Motion picture piracy
3
Q
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.
A
4511.0911 Traffic law photo monitoring device maintenance records; accuracy; issuance of certain tickets prohibited
4
Q
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.
A
2913.72 - Evidence of intent to commit theft of rented property
5
Q
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
A
4511.714 Operation of vehicle on roadway covered by water
6
Q
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.
A
4511.99 Penalty
7
Q
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
A
4511.11 Local conformity to manual for uniform system of traffic control devices
8
Q
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.
A
2913.03 - Unauthorized use of a vehicle
9
Q
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.
A
4511.095 Prerequisites for deployment of device
10
Q
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.
A
4511.30 Driving upon left side of roadway
11
Q
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.
A
4511.26 Vehicles traveling in opposite directions
12
Q
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)
A
2911.211 - Aggravated trespass (M-1, F-3)
13
Q
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
A
4511.16 Unauthorized sign or signal resembling a traffic control device
14
Q
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.
A
4511.214 Operation of low-speed, under-speed, or utility vehicle, or a mini-truck
15
Q
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.
A
4511.58 Vehicle shall not pass streetcar discharging passengers - exception
16
Q
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.
A
4511.76 Administrative rules for school bus construction, design, equipment, operation and licensing
17
Q
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.
A
4511.38 Rules for starting and backing vehicles
18
Q
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.
A
4511.41 Right-of-way rule at intersections
19
Q
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.
A
4511.42 Right-of-way rule when turning left
20
Q
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.
A
2913.41 - Defrauding a rental agency/hostelry
21
Q
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.
A
4511.711 Driving on sidewalk
22
Q
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.
A
2913.06 - Unlawful use of telecom device (F-5)
23
Q
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.
A
4511.991 ‘Distracted’ defined; violations committed while distracted
24
Q
Drivers must yield right of way to any pedestrian on a sidewalk.
A
4511.441 Right-of-way of pedestrian on sidewalk
25
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
26
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
27
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
28
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
29
(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
30
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
31
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
32
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
33
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
34
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
35
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
36
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
37
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)
38
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
39
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
40
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
41
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
42
43
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
44
4511.092 - 4511.0912 does not apply if on school buses for the purpose of passing stopped school bus violations.
4511.0913 Applicable law
45
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
46
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
47
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
48
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.
2. 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
49
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
50
Multiple signs may be installed on one panel.
4511.105 Tourist-oriented directional signs to conform to federal manual of uniform traffic control devices
51
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
52
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
53
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
54
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
55
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
56
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
57
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
58
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
59
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
60
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
61
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
62
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
63
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
64
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
65
DOT, on the right hand roadway that is at least three lanes.
4511.351 “Keep right except to pass” signs
66
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
67
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
68
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
69
Initial appearance shall be held within FIVE (5) days following arrest for OVI or Physical Control.
4511.196 Initial appearance
70
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
71
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
72
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
73
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
74
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
75
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
76
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
77
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
78
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
79
When facing a malfunctioning traffic signal, a driver must:
Stop at the stop line or before entering the crosswalk/intersection.
Yield the right-of-way to all vehicles.
Exercise ordinary care while proceeding through the intersection.
MM
M-4 if one traffic violation within one year
M-3 if multiple traffic violations within one year
4511.132 Operation at intersections with malfunctioning traffic control signal lights
80
No person shall park, unless directed to do so, in any of the following places:
On a sidewalk.
In front of a public or private driveway.
Within an intersection.
Within ten feet of a fire hydrant.
On a crosswalk.
Within twenty feet of a crosswalk at an intersection.
Within thirty feet of, and upon the approach to, any flashing beacon, stop sign, or traffic control device.
Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by a traffic control device.
Within fifty feet of the nearest rail of a railroad crossing.
Within twenty feet of a driveway entrance to any fire station and, on the side of the street opposite the entrance to any fire station, within 75 feet when properly marked with signs.
Alongside or opposite any street excavation or obstruction when such standing or parking would obstruct traffic.
Alongside any vehicle stopped or parked at the edge or curb of a street.
On any bridge or elevated structure upon a highway, or within a highway tunnel.
At any place where signs prohibit stopping.
Within one foot of another parked vehicle.
On the roadway portion of a freeway, expressway, or thruway.
A person is permitted to park or stand on a sidewalk a motor-driven cycle or scooter that has an engine not larger than 150 cubic centimeters provided it does not impede the normal flow of pedestrian traffic.
4511.67 Police may remove illegally parked vehicle
81
No person shall KNOWINGLY enter or remain on the land of another, the use of such land being restricted to certain person/mode/hours and the offender knows/are reckless they are in violation. (M-4)
Recklessly enter or remain on land/premise of another, which notice against unauthorized access or presence is given by actual communication to offender, or posted reasonably, or fencing/design to restrict access. (M-4)
Knowingly enter or remain on a critical infrastructure facility. To include if deception was used to obtain authorization. (M-1)
Critical infrastructure must be completely enclosed by a fence or other physical barrier, or clearly marked with signs that are reasonably likely to come to the attention of potential intruders and indicate entry is forbidden.
If the offender has TWO OR MORE prior convictions, and an off-highway motorcycle, ATV, snowmobile was used during the offense, the court may impound the certificate of registration for not less than 60 days.
2911.21 - Criminal Trespass (M-4, M-1)
82
No person, school board, governmental entity shall use a school bus without an occupant restraining device installed for use in the operators seat.
4511.772 Occupant restraining device for operator
83
No operator or occupant of a motor vehicle shall, regardless of intent, throw, drop, discard, or deposit litter from any motor vehicle in operation upon any street, except into a litter receptacle in a manner that prevents it being carried away or deposited by the elements.
No operator shall allow the above.
Litter - Garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature.
4511.82 Littering offenses
84
Local authorities can regulate or prohibit numerous activities with respect to streets and highways within reasonable exercise of police power.
4511.07 Local traffic regulations
85
If given a ticket for a violation of 4511.097, a person may pay the civil penalty admitting liability, within 30 days provide the court information of the person who was driving during time of the violation. Contest the ticket by filing a written request for a court hearing.
4511.098 Rights of those ticketed
86
No vehicle shall drive left of the center of the roadway in overtaking/passing traffic proceeding the same direction, UNLESS the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit overtaking to be completely made, without interfering with the safe operation of any traffic approaching. Must return to the lane of travel as soon as practical and before coming within 200 feet of any approaching vehicle.
4511.29 Driving to left of center of roadway in overtaking and passing traffic proceeding in same direction
87
No person shall operate a motorized bicycle upon any highway or any public/private property used by the public for vehicular travel/parking, unless all of the following conditions are met:
The operator is 14 or 15 years of age and holds a valid probationary motorized bicycle license, or 16 years of age or older and holds either a valid CDL, or drivers license, or valid motorized bicycle license. If a person is 16 years old and has a valid probationary motorized bicycle license and desires a motorized bicycle license, the person is not required to comply with the testing requirements provided for in this section.
The motorized bicycle is equipped in accordance with the rules adopted below and is in proper working order.
The person, if under 18, is wearing a helmet on their head with the chin strap fastened and the motorized bicycle is equipped with a rear-view mirror.
The person operates the motorized bicycle when practicable within three feet of the right edge of the roadway and obeying all traffic rules applicable to vehicles.
Motorized bicycle tests shall be similar to motorcycle testing with an actual demonstration following a written test.
Motorized bicycle licenses expire on the birthday in the 4th or 8th year after being issued. A person 65+ may only apply for a motorized bicycle license that expires in 4 years.
No person operating a motorized bicycle shall carry another person upon the motorized bicycle.
4511.521 Operation of motorized bicycles
88
A driver violating Speed / Assured Clear Distance may be “arrested until a warrant can be obtained” based on another officer’s Radar so long as the officer provided a description of the vehicle and the recorded speed immediately after the speed was recorded.
No person shall be arrested, charged, or convicted of Speed or ACDA based upon an officers unaided visual estimation of speed.
The following shall not occur if a subject was charged based on an unaided visual estimate of speed: The officer shall not testify that a speed was greater, admission into evidence of such testimony, or a conviction based in whole or in part of such testimony.
4511.091 Arrest or citation of driver based on radar, timing device or radio message from another officer
89
After 1/1/2020, labels must be placed on electric bicycles to display if they are CLASS 1, CLASS 2, OR CLASS 3, the top speed it is capable and the motor wattage.
No person shall modify an electric bicycle that changes the top assisted speed of the bicycle, UNLESS they also modify the classification label.
Class 1 and class 3 shall be manufactured when the rider ceases pedaling the electric motor stops providing assistance.
Class 2 shall be made so when the operator applies the brakes, releases, or activates a switch the electric motor ceases to provide assistance.
Class 3 shall be equipped with a speedometer that displays the speed in MPH.
Class 1 and 2 can be permitted on a bike path.
No person shall operate class 3 on a bike path unless it is within or adjacent to a highway.
No person shall operate class 1, class 2, or class 3, on a path intended for mountain biking, hiking, equestrian use, or any single track/natural surface that has been historically been reserved for non motorized use unless the local authority authorizes it.
No person under 16 shall operate a class 3 electric bike. However, a person under 16 may be a passenger on a class 3 bike.
No person shall operate or be a passenger on a class 3 bike unless they are wearing a helmet that meets the standards established.
4511.522 Electric bicycles; labels; compliance with federal regulations; permitted use; violations
90
Any pedestrian crossing outside of a marked/unmarked crosswalk shall yield the right of way to all vehicles.
When crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all traffic upon the roadway.
Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross any place except in a marked crosswalk.
No pedestrian shall cross a roadway intersectional diagonally unless authorized by an official traffic control device.
4511.48 Right-of-way yielded by pedestrian
91
The owner of a leased vehicle / rented vehicle can provide a rental or lease agreement or affidavit to the prosecuting authority within 30 days from the date of receipt by the owner of notice of a violation.
This shall be prima-facie evidence that the vehicle was in the care, custody, or control of a person other than the owner.
4511.071 No liability for lessor under written lease
92
Those who want to participate must fill out an application to the director or person holding the contract on the director’s behalf.
4511.104 Participation in tourist-oriented directional sign program
93
4511.25 Lanes of travel upon roadways of sufficient width
Must travel on right half of the roadway, except:
Overtaking other vehicles in the same direction or making a left turn.
When there's an obstruction, you must yield right of way to other traffic.
94
Courts can impose a remote continuous alcohol monitor on an arrestee for OVI. The def must pay all costs associated with that monitor. If they consume alcohol, the court will revoke any driving privileges.
4511.198 Limited driving privileges - remote continuous alcohol monitor
95
No individual shall knowingly solicit, possess, buy, sell, use, alter, accept, or transfer SNAPS, WIC or any electronically transferred benefit in any manner not authorized by the Food and Nutrition Act of 2008.
No individual shall knowingly traffic SNAP benefits.
No organization shall:
Knowingly allow an employee/agent to solicit, sell, transfer, traffic, or trade items or services of SNAPS/WIC.
F-5 if under 1k.
F-4 if 1k-7500
F-3 if 7500-150k
F-2 if over 150k
2913.46 - Illegal use of food stamps/WIC
96
Lights must be visible from a distance of 500 feet during normal conditions and sirens activated. Still must drive with regard to safety of people and property.
4511.24 Speed limits not applicable to emergency or public safety vehicles
97
When the roadway is clearly divided into two or more clearly marked lanes or when two or more substantially continuous lines in the same direction, the following shall apply:
The vehicle shall be driven, as nearly as practicable, within a single lane or line and shall not be moved from such until the driver has first ascertained the movement can be made safely.
When divided into three lanes with two way traffic, the middle lane shall not be used unless safely passing a vehicle, conducting a left turn, or when designated for such travel.
MM, upgradable to M-3
4511.33 Driving in Marked Lanes
98
DOT shall erect signs prohibiting using a electronic wireless communication device while driving in the following locations:
Where an interstate or US route enters Ohio.
Where a road, originating from a commercial service airport, exits the airport’s property.
4511.122 Hands free law signs
99
Traffic laws and penalties shall be uniform throughout the state and political subdivisions. No local authority shall enact or enforce any rule in conflict except in Chapter 4521 (Parking).
4511.06 Applicability and uniformity of traffic laws
100
No person shall turn a vehicle or move left or right upon a highway unless it can be made with reasonable safety.
When required, a turn signal shall be given continuously during not less than 100 feet.
Bicycle/electric bicycle operators shall at least signal one time. Not required to signal if in a designated turn lane and does not need to be given if hands are needed for the safe operation of the bicycle.
No person shall suddenly stop or decrease the speed without giving appropriate signals.
All signals must clearly indicate both approaching and following traffic.
Hazard lights shall be displayed as a courtesy or “do pass”
4511.39 Turn and stop signals
101
Must display a triangular slow-moving vehicle emblem
4511.216 traveling from one farm field to another for agricultural purposes
102
The previous codes do not apply if a ban is in effect.
4511.0914 Bans on use of traffic law photo-monitoring devices
103
The following are required for mass transit systems for school children transportation:
Periodic safety inspections of all buses used to provide service.
Safety training of all drivers operating buses.
Every bus is equipped with outside rear-view mirrors.
4511.78 Mass transit system - transportation of school children
104
Portable signal preemption device - If activated by a person, is capable of changing traffic control signals to green out of sequence.
No person shall possess a portable preemption device.
No person shall use a portable preemption device to affect the operation of the traffic control signal.
Exceptions are: Police officers, state troopers, occupant of a public safety vehicle when responding to an emergency call.
Division A is a M-4
B is a M-1
4511.031 Portable preemption signal devices
105
Superintendent of the state highway patrol shall require buses to be registered, in the name of the owner. The number assigned shall be marked on the front and rear of the vehicle in black lettering not less than 6 inches in height and will remain unchanged as long as ownership does not change.
4511.764 School buses must be registered and have identifying number
106
Public amusement: a stadium, theater or other facility at which a live performance, sporting event, or other activity takes place for entertainment of the public and is available to the public, regardless if admission is charged.
No person shall knowingly enter or remain on any restricted portion of a place of amusement and, as a result of that conduct, interrupt or delay the event. (To include a playing field/stage/athletic surface)
Owner/lessee may use REASONABLE force to remove/restrain the violator. They are not immune from prosecution if UNreasonable force is used.
Notice must be given regarding the restricted areas. This can be done via written notice, signs posted conspicuously. Optionally, but NOT required is notifying the person personally or broadcasting over a PA system at the event.
2911.23 - Criminal trespass on place of public amusement (M-1)
107
No person shall occupy any travel trailer, fifth wheel trailer, or manufactured home while on the road.
Exceptions:
Child riding in the fifth wheel trailer is properly secured with proper child restraints.
The operator of the vehicle towing the fifth wheel has some means of viable communication with the passengers riding in the trailer.
Strict liability offense.
4511.701 Occupying moving trailer prohibited
108
Electric personal assistive mobility device - Self-balancing, two non-tandem (side to side, not front and back) wheeled device, that is designed to transport only one person, has an electric propulsion system of an average of 750 watts, when ridden on a level paved surface by an operator who weighs 175lbs, has a max speed of under 20mph.
IE: Hoverboards, segways.
May be operated on sidewalks, streets and lanes set aside for exclusive use of bicycles.
No operator shall fail to do any of the following:
Fail to yield the right of way to all pedestrians and human-powered vehicles at all times.
Fail to give an audible signal before overtaking and passing a pedestrian.
Operate the device at night unless the device or operator are equipped with or wearing both a lamp pointing front which emits a white light from 100 to 600 feet and a red reflector visible from 100-600 feet.
Operate the device on a road with a speed limit of 55mph or more.
Operate the device on any path exclusively for pedestrians or other specialized use when an appropriate sign giving notice is posted on the path.
If under 18, unless wearing a protective helmet with chin strap fastened.
If under 16, operate the device unless the person is under direct visual and audible supervision of another person over 18 and responsible for the immediate care of the person.
No person under 14 shall operate an electric personal assistive mobility device.
The device must be sold with a written warning.
MM, court may impose an impoundment for not less than one day but not more than 30 days. Shall be stored in a safe indoor location and storage fees not more than $5 per day.
If not impounded, the def shall not operate the device for not less than one day but not more than 30 days.
4511.512 Operation of electric personal assistive mobility devices
109
No person shall operate a vehicle on any public or private property, other than streets or highways, in willful or wanton disregard of safety of persons or property.
This does not apply to the competitive operation of vehicles on public or private property when the owner of the property knowingly permits such operation.
4511.201 Operation off street or highway in willful or wanton disregard of the safety of persons or property
110
The Department of Transportation (DOT) shall adopt a uniform system of traffic control devices. The uniform system shall correlate with, and conform to, the Federal Highway Administration.
4511.09 Manual for uniform system of traffic control devices
111
No person by force, stealth or deception shall trespass in an OCCUPIED STRUCTURE or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure ANY criminal offense IF the following apply:
The offender inflicts, or attempts or threatens to inflict physical harm on another
The offender has a deadly weapon or dangerous ordnance on or about the offenders person/control
2911.11 - Aggravated burglary (F-1)
112
No person shall receive, retain, or dispose of property of another, knowing or having reasonable cause to believe that the property was obtained through commission of a theft offense.
It is not a defense to a charge of RSP in violation if the property was not stolen but was represented as stolen.
M-1 if under 1k
F-5 if 1k-7500
F-4 if 7500-150k, a dangerous drug, firearm/dangerous ordnance or motor vehicle
F-3 if over 150k
2913.51 - Receiving stolen property
113
Any driver proceeding upon streetcar tracks in front of a streetcar shall remove such vehicle from the track asap after signal from the streetcar operator.
The driver overtaking and passing a streetcar shall not turn in front of the streetcar unless such movement can be made safely.
4511.59 Driving and turning in front of streetcars
114
Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
4511.49 Pedestrians on right half of crosswalk
115
No person shall operate a motor vehicle on any street , or property open to the public for vehicular traffic while using, holding, or physically supporting with any part of the person’s body an electronic wireless communications device.
Exceptions:
Using the device to make contact for emergency purposes.
Driving a public safety vehicle while using it in the course of their duties.
When the vehicle is stationary
Holding the device directly near their ear for the purpose of phone calls, provided they don’t manually enter letters/numbers.
Receiving wireless messages regarding navigation, safety info, emergency, traffic or weather alerts, or data used primarily by the vehicle, provided they do not hold or support the device.
A person using speaker phone, provided they do not hold or support the device.
A person using the phone for navigation purposes, provided that they do not manually enter letters or numbers and do not hold or support the device with their body.
A person using the device with a single touch or swipe, provided they do not manually enter letters/numbers or hold/support the device.
A person operating a commercial vehicle using a mobile data terminal that transmits and receives data.
A person operating a utility service vehicle and is acting in response to an emergency, power outage, or circumstance that affects the health and safety of individuals.
A person using a voice operated or hands free function so long as its a single touch or swipe and they don’t support the device with their body.
Using tech that integrates the device within their vehicle provided they don’t manually enter letters/numbers or support the device with their body.
A person storing the device in an article of clothing on their body.
If a law enforcement officer issues a citation for this offense, they shall:
Report the issuance of the ticket to the officer’s agency.
Ensure the report indicates the offender's race.
Law enforcement cannot stop a motor vehicle strictly for this offense unless the officer visually observes the operator using, holding or physically supporting the device with any part of their body.
Law enforcement must also inform the operator they may decline a search of their device.
Law enforcement shall not:
1. Access the device without a warrant, unless the operator voluntarily and unequivocally gives consent to the officer.
2. Confiscate the device while awaiting a warrant for the device.
3. Obtain consent through coercion or any other improper means.
UM
4511.204 Driving while texting
116
Drivers shall stop at a stop bar, prior to entering a crosswalk, or at the point nearest the intersecting roadway before entering into it. Driver shall yield the right of way to other vehicles and not create a hazard.
Drivers approaching a yield sign shall slow down to a speed reasonable for conditions and, if required for safety to stop, shall stop. The driver shall yield the right of way to any vehicle within the intersection or junction of the roadways.
4511.43 Right-of-way rule at through highways, stop signs, yield signs
117
No person shall operate a vehicle at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface, width of the road and any other conditions, and shall not drive at a speed greater than will permit the person to bring it to a stop within assured clear distance ahead.
It is prima-facie lawful, in the absence of a lower limit declared by the director of transportation or local authorities to operate a vehicle at a speed not exceeding the following:
20 mph in a school zone during recess and while going/leaving from school. 300 feet boundaries from the school.
MM
M4 if two or more speed violations in previous year
M3 if three or more speed violations in previous year
M4 if faster than 35 in a school zone, or faster than 35 in a business district, or faster than 50 mph in other portions of municipal corporation.
4511.21 Speed limits - assured clear distance
118
Those actually engaged in work upon the surface of the highway.
Those engaged in performance of their official duties with a maintenance vehicle equipped with flashing lights and other markings.
Does not exempt them from civil liability or traffic laws driving to and from the job site. Are not exempt from following max weight/speed road signs or being over load limits.
4511.04 Exception to traffic rules
119
No vehicle shall, without consent of the fire department official in command, be driven over any unprotected hose that is laid down on any street, driveway, streetcar track to be used at any fire or alarm of fire.
4511.73 Driving over unprotected fire hose
120
Every person operating a bike/electric bike upon the roadway shall ride as near to the right side of the roadway as practicable obeying all traffic rules applicable to vehicles and exercising due care when passing a standing vehicle.
Persons riding bikes or motorcycles upon the roadway shall not ride more than two abreast in a single lane, except on paths or parts of the roadway set aside for exclusive use of bikes.
4511.55 Operating bicycles, electric bicycles, and motorcycles on roadway
121
Right turns shall be made as close as practicable to the right-hand curb or edge of the roadway.
Left turns shall be made nearest to the centerline, to the right of the centerline.
DOT and local authorities can place markers, buttons or signs within or adjacent to intersections to cause traffic to turn differently than above.
4511.36 Rules for turns at intersections
122
(B) No individual shall buy, possess, sell, a traffic control device except when one of the following applies:
Employed by the state / local authority for the purpose of manufacturing, erecting, moving, or removing such device.
In a course of their employment by a manufacturer.
For the purpose of demonstrating the design and function to state or local officials.
When it has been purchased from the state or local authority at a sale of property that is no longer needed or is unfit for use.
The device was purchased from a manufacturer for use on private property and the person has a sales receipt from the manufacturer.
Shall not charge for Theft or RSP under this section.
M-3
4511.18 Purchase, possession or sale of traffic control device
123
Signs shall be displayed. Shall be driven in the direction designated. Shall only be driven to the right of the traffic island.
MM, upgradable to M-3
4511.32 One-way traffic - rotary islands
124
A pedestrian who is under the influence to a degree that renders them a hazard shall not walk or be upon the highway.
4511.481 Intoxicated or drugged pedestrian on highway
125
The state highway patrol shall inspect all school buses.
An inspection decal, not less than 12 inches in size, shall be displayed on the exterior of the bus on all sides.
4511.761 School bus inspections
126
No person, in attempting or committing a theft offense, or fleeing immediately after the attempt/offense shall do ANY of the following:
(1) have a deadly weapon on or about their person / under their control (F-2)
(2) Inflict, attempt to inflict, or threaten to inflict harm on another. (F-2)
(3) Use or threaten the immediate use of force against another. (F-3)
2911.02 - Robbery (F-2 or F-3 offense)
127
No person shall transport pupils on a school bus without being licensed by the department of public safety.
The director shall issue a license if either apply:
The person holds a license or certificate in another state.
The person has satisfactory work experience, a government certification, or a private certification as described in that chapter transporting pupils on a school bus in a state that does not issue a license or certificate.
4511.763 Licensing by department of public safety
128
No pedestrian, or driver shall disobey the instructions of any traffic control device, unless otherwise directed by a police officer.
This does not apply if the sign is not in proper position or sufficiently legible by an ordinarily observant person.
MM
M-4 is one prior traffic offense within the last year
M-3 if multiple prior traffic offenses within the last year
Distracted driving can increase the fines
4511.12 Obedience to traffic control devices
129
A bus driver may report the license plate number, a general description of the vehicle and of the operator to law enforcement. Anyone with first-hand knowledge of the violation may report the info to law enforcement.
Law enforcement shall investigate and attempt to identify the operator. If the operator cannot be identified, a warning shall be issued to the registered owner of the vehicle, or person who leased/rented the vehicle at time of violation.
4511.751 School bus operator to report violations
130
An operator of any bus, school vehicle, or any vehicle transporting a material or materials required to be placarded, before crossing at grade any track of a railroad, shall stop the vehicle and listen through an open door or open window, and look both directions for any approaching trains. They shall proceed only upon exercising due care and not shift gears while crossing the tracks.
The public utilities commission can authorize an exempt crossing.
An exempt crossing becomes effective only when appropriate signs giving notice are erected.
4511.63 Stopping at grade crossings
131
When the other vehicle is making/about to make a left turn.
Roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled.
The movement shall not be made by driving off the roadway.
4511.28 Overtaking and passing upon the right of another vehicle
132
Persons operating a vehicle shall be deemed to have given consent of a chemical test if arrested for OVI or physical control.
The law enforcement officer shall designate what test shall be administered.
If unconscious or deceased, or otherwise incapable to refuse, they shall be deemed to have consented to the test.
A law enforcement officer is not required to advise the person of the consequences of submitting or refusing the test. The officer must inform the person at time of arrest the officer may use whatever reasonable means are necessary to ensure that person submits to a chemical test. They also must be informed they may take an independent chemical test taken at their own expense.
If employing reasonable means for a blood test, the officer is immune from criminal and civil liability for assault or any other claims, unless the officer did so with malicious purpose, in bad faith, or in wanton or reckless manner.
4511.191 Implied consent
133
No person shall:
Insert or deposit a slug in a coin machine with purpose to defraud
Make, possess, or dispose of a slug with the purpose of enabling another to defraud by inserting or depositing it in a coin machine.
M-2
2913.33 - Making or using slugs
134
Tourist oriented activity, people not residing in the area and attracts not less than 2000 visitors in a consecutive 12 month period.
4511.102 Tourist-oriented directional sign program definitions
135
No vehicle shall at any time be driven through or within a safety zone.
Safety Zone - the area or space officially set apart within a roadway for the exclusive use of pedestrians and protected or marked or indicated by adequate signs as to be plainly visible at all times.
4511.60 Driving through safety zone
136
No person with purpose to defraud shall:
Make/alter any object so it appears to have value because of antiquity, rarity, curiosity, source or authorship, which it does not possess.
Practice deception in making, retouching, editing, or reproducing any photo, film, video tape, phone record or recording tape.
Falsely or fraudulently make, simulate, forge, alter or counterfeit any wrapper, label, stamp, cork or cap prescribed by the liquor control commission.
Utter, or possess with the purpose to utter, any object that is known to be simulated.
M-1 if under 1k
F-5 if 1k-7499
F-4 if 7500-150k
F-3 if 150k+
2913.32 - Criminal Simulation
137
Limo operators shall accept passengers only on prearranged contracts and shall not cruise in search of patronage unless the limo is in compliance with any statute or ordinance governing the operation of taxicabs.
The operator of a limo may provide transportation to passengers who arrange for the transportation through an intermediary, including a digital dispatching service. The operator of the limo may establish the fare and method of fare calculation, so long as the method of fare calculation is provided to the passenger upon request.
No person shall advertise or hold self out as doing business as a limo service or livery service or any other similar designation unless each vehicle used by the person to provide the service is registered in compliance with ORC.
M-1
4511.85 Chauffeured limousines
138
A ticket shall not be issued by evidence of a traffic law photo-monitoring device unless:
The violation is in a school zone and is not less than SIX mph over the posted limit
The violation is not less than TEN mph over the posted limit
4511.0912 Speeding Tickets
139
Equivalent offense includes: Vehicular manslaughter, Aggravated vehicular manslaughter and vehicular assault subsections including OVI within the subsection
4511.181 OVI definitions
140
Steady green down arrow - permitted to drive in that lane.
Steady yellow X - prepare to vacate the lane because it will be made to a steady red X.
Steady red X - road users are not permitted to use this lane.
Steady white two-way left-turn arrow - Driver must turn left and not use the lane for through traffic.
4511.131 Lane-use control signal indications
141
No person riding a bicycle, electric bicycle, coaster, roller skates, sled, skateboard or toy vehicle shall attach the same or self to any vehicle.
No operator of a motor vehicle shall allow the above.
4511.54 Prohibition against attaching bicycle, skates, sleds, etc., to vehicles
142
No person shall operate a vehicle in willful or wanton disregard of the safety of persons or property.
MM
M-4 if one prior conviction in prior year
M-3 if multiple convictions in prior year
4511.20 Operation off street or highway in willful or wanton disregard of the safety of persons or property
143
The driver of any vehicle, other than an emergency vehicle on official business, shall not follow any emergency vehicle traveling in response to an alarm closer than 500 ft, or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm, unless directed to do so by police/fire.
4511.72 Following an emergency or public safety vehicle too closely
144
A person may appeal their suspension during their initial appearance and within thirty days from their initial appearance.
4511.197 Appeal of implied consent suspension
145
When lighted lights must be used, bicycles/electric bikes must be equipped with the following.
Lamp mounted on the front that emits a white light visible from a distance of 500 feet to the front and 300 feet to the sides. A generator-powered lamp that emits light only while moving may be used to meet this requirement.
A red reflector on the rear that shall be visible from 100 feet to 600 feet.
A lamp emitting either flashing or steady red light visible from 500 feet to the rear shall be used in addition to the red reflector. If the red lamp performs as a reflector it is sufficient for the red reflector requirement.
Additional lamps/reflectors may be used. Red lights/reflectors shall not be used on the front. White lights/reflectors shall not be used on the rear.
Audible signals can be equipped. Sirens and whistles SHALL NOT be equipped or used on a bicycle/electric bicycle.
4511.56 Bicycle signal devices
146
Given from the left side of the vehicle:
Left turn - hand and arm extended horizontally
Right turn - Hand and arm extended upward
Slow or decrease speed - Hand and arm extended downward
On a bicycle, the operator may give the right turn by - hand and arm extended horizontally to the right side of the bicycle.
4511.40 Hand and arm signals
147
Local authorities may adopt their own program and may request guidance from DOT.
4511.106 Local tourist-oriented directional sign programs
148
Designated party - Person whom is the registered owner of a motor vehicle identifies as the person who was operating the motor vehicle of at the time of a violation (Traffic law photo-monitoring device)
Registered owner can be considered the renter of a vehicle with a rental agreement. (Traffic photo-monitoring)
4511.092 Definitions
149
No person shall devise a scheme to defraud/disseminate, transmit by means of wire/radio/satellite/telecom any writing, data, sign, signal, picture, sound or image with purpose to further scheme/defraud.
No person with intent to defraud, cause harm, or wrongfully obtain anything of value shall knowingly cause directly/indirectly, any caller ID service to transmit/display misleading or inaccurate caller ID info.
F-5 offense upgraded by value taken similar to theft. Protected adult victims are an F-4
This does not apply IF:
The person uses a telephone whose number is identified as “unknown” or “blocked” or who leaves a message with their true identity.
Any lawfully authorized investigation.
Any activity engaged in pursuant to court order that specifically authorizes the use of caller ID manipulation.
2913.05- Telecomm Fraud
150
Chautauqua - assemblies, encouraging religion, art, science, literature, or the general dissemination of knowledge, ro two or more purposes, holds meetings or entertainments on the grounds for the purposes which it was organized.
4511 and 4513 are applicable.
4511.90 Chautauqua assembly
151
The driver of a vehicle shall stop before meeting or overtaking from either direction any school bus stopped for purpose of receiving or discharging any child for school, person with developmental disabilities, or child attending head start, shall stop at least 10 feet in front or rear of the bus and not move until the bus moves or signaled by the school bus driver.
It is no defense that the school bus involved failed to display or be equipped with an automatically extended stop warning sign.
Every school bus shall be equipped with amber and red visual signals, and an automatically extended stop warning sign, which shall be actuated by the bus driver whenever stopping to receive or discharge riders.
Bus drivers shall not actuate the signals in designated loading areas where the bus is entirely off the roadway or at school buildings.
On divided roadways or roads with four or more lanes, opposing traffic does not need to stop.
On divided roadways or roads with four or more lanes riders shall be picked up on their residence side of the roadway.
May be fined up to $500, court or mayor may impose a class seven suspension.
4511.75 Stopping for stopped school bus
152
No person shall operate or move any crawler type tractor, steam shovel, derrick, roller, or any equipment having a normal operating speed of six or less mph, or having a vertical body or load clearance of less than nine inches above the roadway. Without first complying with the following:
Stop the vehicle and open a door/window and listen for approaching trains.
No crossing shall be made when a warning is being given.
If the normal speed is not more than 3mph, they shall also give notice to a station agent or superintendent of the railroad and a reasonable time shall be given to provide proper protection. If doing construction on both sides of the tracks, one call will suffice for the day.
4511.64 Slow-moving vehicles or equipment crossing railroad tracks
153
No person by force, stealth or deception shall trespass in an UNOCCUPIED structure to commit a THEFT offense or ANY FELONY.
No person shall trespass on the LAND or PREMISES of another to commit a FELONY.
2911.13 - Breaking and entering (F-5)
154
No person, unless directed by a police officer, shall:
As a pedestrian, occupy any space within the limits of the right-of-way of the freeway, except: in a rest area; on a facility that is separated from the roadway and shoulders and is designed/marked for pedestrian use, performance of public works or official duties; as a result of an emergency caused by an accident or breakdown of a motor vehicle; or to obtain assistance.
Any space within the limits of the right-of-way with an animal; pushcart; bicycle except on a facility that is separated from the roadway and shoulders of the freeway and is designed and marked for bicycles; motorized bicycle; tractor;farm machinery; except in performance of public work/official duties.
MM
M-4 with one conviction
M-3 with two or more
4511.051 Freeways - prohibited acts
155
No person shall permit a motor vehicle owned by the person or under the persons control to be driven by another if any of the following apply:
The offender knows or has reasonable cause to believe that the other person does not have a valid driver’s/commercial/valid non resident driving privileges.
The offender knows or has reasonable cause to believe they are suspended.
The offender knows or has reasonable cause to believe the person driving would violate any prohibition contained in 4509 (financial responsibility).
The offender knows or has reasonable cause to believe the person’s act of driving would violate OVI statues.
The offender knows or has reasonable cause to believe that the vehicle is subject of an immobilization waiver order and the person is prohibited from operating the vehicle under that order.
B. It is prima-facie evidence that the offender knows or has reasonable cause to believe the operator of the vehicle is in a category above if any of the following apply:
A(1), (3), (5), if they reside in the same household and are related by blood or marriage.
A(2), if they reside in the same household and they know or have reasonable cause to believe the operator has been charged or convicted with a violation of law/ordinance that could result in a suspension or cancellation of their license.
A(4), if they are in the vehicle at the same time of offense.
UM
M-1 if within 3 years offender has been convicted of 2 or more
M-1 if A(4), A(5)
Courts can order immobilization and criminal forfeiture of the vehicle
4511.203 Wrongful entrustment of motor vehicle
156
Operators of bicycles who violate 4511.01 to 4511.78, and 4513.01 to 4513.37 while on roads or paths set aside for bicycles may be issued a ticket, citation or summons by police. No points shall be assessed to their license. (OVI offenses do not apply)
Court may require a bicycle operator or motor vehicle operator to take and successfully complete a bicycling skills course approved by the court.
4511.52 Bicycles and electric bicycles - issuance of ticket - points not assessed
157
At OVI and other authorized checkpoints, officers cannot issue a secondary offense citation unless the person is being cited for a primary offense/arrested.
At a checkpoint whose primary purpose is expressly intended for secondary offenses, the agency shall not issue a ticket, citation or summons for any secondary offense. The checkpoint may be used to raise public awareness and distribute information.
Secondary traffic offenses include - Temp permit, Probationary license, Child restraint (over 8 years old), Windshield wipers in the rain, Seatbelt offenses
4511.043 Ticket, summons, or citation for secondary traffic offense
158
No person, by force, stealth or deception shall:
Trespass in an occupied structure or separately secured/occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit any criminal offense.(F-2)
Trespass in an occupied structure / separately secured/occupied portion of an occupied structure that IS A PERMANENT OR TEMP HABITATION OF ANY PERSON when any person other than the accomplice is or is likely to be present, with purpose to commit any criminal offense. (F-2)
Trespass in an occupied structure or separately secured/occupied portion of a structure, with purpose to commit in the structure any criminal offense. (Does not need to be present or likely to be present) (F-3)
(B) No person by force, stealth or deception shall trespass in a permanent or temp habitation when any person is or is likely to be present. (with no purpose to commit a crime within) (F-4)
2911.12 - Burglary (F-2, F-3, F-4)
159
Personal delivery device - Max speed of 10mph, weighs less than 550lbs (excluding cargo), used to transport cargo and property on sidewalks and crosswalks.
An eligible entity may operate the personal delivery device on sidewalks and crosswalks if all of the following are met:
Operated in accordance with all regulations, if any, established by local authorities.
Operator is actively controlling or monitoring the navigation/operation.
The eligible entity maintains an insurance policy, with general liability coverage of not less than $100k.
The device is equipped with all of the following:
A marker that clearly identifies the name and contact information of the eligible entity operating the device and a unique ID number.
A braking system that enables it to come to a controlled stop.
If operated between sunset and sunrise, a light on both the front and rear that can be seen at least 500 feet from the front or rear of the device.
No personal delivery device operator shall:
Fail to comply with traffic or pedestrian control devices and signals.
Unreasonably interfere with pedestrians or traffic.
Transport any hazardous material that would require a permit issued by the public utilities commission.
Operate on a street or highway, except when crossing within a crosswalk.
No person shall operate a personal delivery device unless they are authorized to do so.
4511.513 Operation of personal delivery device on sidewalks and crosswalks
160
No person shall knowingly USE or OPERATE the property of another without consent from the owner/authorized to give consent. (M-4)
No person, in any manner and means, including but not limited to, hacking, shall knowingly gain/attempt access/cause access to be gained to any computer/system/network/, cable service/system, telecom device/service, or information service, without consent/beyond scope of express/implied consent by owner/authorized person to give consent. F-5 (upgradeable depending on victims monetary loss)
Gain access or disseminate information gained from law enforcement databases without consent/beyond scope of consent of the law enforcement automated data system steering committee. F-5 (upgradeable depending on victims monetary loss)
Gain access or disseminate info from OHLEG without consent or beyond scope of consent of the superintendent of BCI&I. F-5 (upgradeable depending on victims monetary loss)
Affirmative defenses - The offender reasonably believed they were authorized OR reasonably believed WOULD authorize them to use the information.
2913.04 - Unauth. Use of property - computer, cable, or telecom property
161
1. No person shall practice deception for the purpose of issuance of a credit card, when a credit card is issued in actual reliance.
2. Knowingly buy or sell a credit card from anyone other than the issuer
3. As an officer/employee/appointee/public servant, knowingly misuse a credit card held by a political subdivision.
No person with purpose to defraud shall:
Obtain control over a credit card as security for a debt.
Obtain property/services by the card, in one or more transactions, knowing or having reasonable cause to know the card is expired/revoked/ or obtained/retained/being used in violation of the law.
Furnish property/services upon presentation of a credit card knowing that its being used in violation of the law.
Represent/cause to be represented to the issuer of a credit card that property/services have been furnished, knowing that the representation is false.
2913.21 - Misuse of credit cards
162
A. No person shall place or knowingly drop upon any part of a highway, lane, road, street, or alley any tacks, bottles, wire, glass, nails, or other articles which may damage or injure any person, vehicle, or animal traveling upon the highway, except such substances may be placed by proper authorities for repair/construction.
Any person who drops or permits to be dropped upon the highway any destructive or injurious material shall immediately remove it.
Any person authorized to remove a wrecked vehicle from the road shall remove any glass or other injurious substance dropped from the vehicle.
B. No person with intent to cause harm to a person or vehicle shall place or knowingly drop injurious materials.
A is MM
B is M-1
4511.74 Placing injurious material on highway
163
Public safety, emergency, road service, waste collection, public utilities, highway maintenance vehicles displaying flashing lights.
Must move over and/or slow down to a safe speed to pass.
Driver of the safety vehicle must drive with due regard to the safety of all persons and property.
4511.213 Approaching stationary public safety vehicle displaying emergency light
164
When a sidewalk is provided and its use is practicable, it shall be unlawful for pedestrians to walk along/on the roadway.
When no sidewalk is available, pedestrians shall walk only on a shoulder, as far as practicable from the edge of the roadway.
When no sidewalk or shoulder is available, pedestrians shall walk as near as practicable to an outside edge of the roadway and shall walk only on the left side of the roadway.
4511.50 Pedestrian walking in roadway
165
No person with purpose to defraud one or more creditors shall do any of the following:
Remove, conceal, destroy, encumber, convey, or otherwise deal with any of the persons property.
Misrepresent or refuse to disclose to a fiduciary appointed to administer or manage the person’s affairs or estate, the existence, amount, or location of any of the person’s property, or any other information regarding such property that they are legally required to furnish to the fiduciary.
M-1 if under 1k
F-5 if 1k-7500
F-4 if 7500-150k.
F-3 if over 150k.
2913.45 - Defrauding creditors
166
A violation by traffic photo device is NOT A MOVING violation and points SHALL NOT be assessed.
4511.0910 Violation for which civil penalty imposed
167
No person, with purpose to commit an offense, shall knowingly enter, force an entrance into, or tamper with any vault, safe, or strongbox
2911.31 - Safecracking (F-4)
168
No person, with purpose to commit theft or defraud, shall knowingly enter, force an entrance into, tamper with, or insert any part of an instrument into any coin machine.
M-1 offense unless the offender has been convicted of ANY theft offense. If prior conviction upgraded to F-5.
2911.32 - Tampering with coin machines (M-1, F-5)
169
The Director of Transportation may allow businesses to participate for a fee. The director may outsource this program
4511.101 Placement of business logos on directional signs along interstates
170
No person shall operate a commercial motor vehicle while the ability or alertness is so impaired by fatigue, illness, or other causes that it is unsafe for them to drive such vehicle. No driver shall use any drug which would adversely affect their ability or alertness.
No owner of a commercial motor vehicle, or person employing or otherwise directing the driver of such, shall require or knowingly permit a driver in such condition to drive such vehicle upon any street or highway.
4511.79 Driving commercial vehicle with impaired ability or alertness prohibited
171
When stolen -
A credit card
Printed form for a check that on its face identifies the drawer or marker for whose use it is designed or identifies the account from which it is to be drawn, and that has not been executed by the drawer or maker on which the amount is blank.
A motor vehicle license plate or temp tag
Blank form for a certificate of title or a manufacturer’s or importer’s certificate of a motor vehicle
A blank form for any driver’s license
2913.71 - F-5 regardless of value
172
Operators about to enter or cross a highway from a place other than another roadway shall yield to all traffic on the roadway.
4511.44 Right-of-way at highway from any place other than roadway
173
No person shall operate a motor vehicle or tractor, on any street, highway, or property open to the public for vehicular traffic without being in reasonable control of the vehicle.
MM
4511.202 Operation without being in reasonable control of vehicle, trolley, or streetcar
174
Law enforcement agencies shall compile information from reports for texting while driving and distracted driving. Every other month the agency shall prepare a report that describes the numbers and race of the offenders who received a citation during the prior two months. The report shall be sent to the attorney general.
The attorney general shall complete an annual report based on the reports submitted.
The annual report shall include:
The total number of offenders by race who received a citation for each of the following:
Driving while texting.
Distracted driving, and what the distracting activity was a contributing factor to the commission of the violation.
The attorney general shall submit the report to the governor, the speaker of the house of representatives, and the president of the senate.
4511.992 Distracted driving reports
175
No person shall operate a motor vehicle, snowmobile, or all purpose vehicle upon any path set aside for exclusive use of bicycles, when an appropriate sign giving notice of such use is posted.
4511.713 Use of bicycle paths
176
No person, without lawful authority, shall:
Knowingly remove, damage, destroy, deface and traffic control device.
Knowingly drive upon or over freshly applied pavement markings when marked by flags, markers, signs or other devices intended to protect it.
Knowingly move, damage, destroy, or improperly tamper with a manhole cover.
M-3 (A)(1) and (A)(3)
M-1 if A1/A3 creates a risk of physical harm to any person
F-5 if A1/A3 causes serious physical harm to property owned/leased/controlled by the state.
A2- MM, M4 if one prior traffic offense, M-3 if multiple traffic offenses in prior year
4511.17 Tampering with traffic control device, freshly applied pavement material, manhole covers
177
A steady person walking, symbolizes “walk”. A pedestrian must yield the right of way to vehicles within the intersection at the time the walking person is first shown.
A flashing upraised hand signal symbolizes “don't walk”. A pedestrian shall not begin to cross the roadway. If already within the roadway, the pedestrian may finish crossing.
A flashing walking person signal has no meaning and shall not be used.
4511.14 Special pedestrian control signals
178
An owner of a private road/driveway within a residential area containing 20 or more units may erect stop signs at places where roads/driveways intersect with other private roads.
A sign must be posted at the entrance that stop signs are placed within the private property and are enforceable by police.
When such stop signs are placed, police may enforce stop sign violations on private property.
4511.432 Stop signs on private residential road or driveway
179
No person w intent to deprive the owner of property/services shall knowingly obtain/exert control without the consent of the owner/someone authorized or beyond the scope of consent given by means of deception, threat or intimidation.
2913.02 - Theft
180
Signal lamps shall be mounted as high as practical. The front shall have two alternately flashing red lights and the rear two alternately flashing lights. They shall be spaced as widely as practicable. The ambers shall be directly next to the red lights.
4511.771 Signal lamps to be equipped with flashing red and amber lights
181
No person, with purpose to defraud, shall issue/transfer/cause to issue/transfer a check or other negotiable instrument, knowing it will be dishonored or knowing that a person has or will issue a stop payment.
It is presumed to know it will be dishonored IF:
The drawer had no account at the time of issue/stated date, whichever is later.
The check/instrument was refused for insufficient funds upon presentment within 30 days after issue/stated date, whichever is later, and the liability of the drawer/indorser/any party who may be liable is not discharged by payment/satisfaction within 10 days receiving notice.
The court may aggregate (combine) total value for 180 days/6 months.
M-1 if under $1500
F-5 if $1500-$7499
F-4 if $7500-$149,999
F-3 if over $150k
2913.11 - Passing bad checks
182
The owner of private property may regulate traffic to whatever seems best to the owner.
4511.08 Use of private property for vehicular travel
183
(B) No person, without express or implied consent, shall use, obtain, or possess any personal identification with intent to do either of the following:
Hold the person out to be other person.
Represent the other person’s personal ID information as the person’s own personal ID information.
(C) No person shall create, obtain, possess, or use the personal ID info of any person with intent to aid/abet another person violating (B).
(D) No person with intent to defraud, shall permit another person to use their own personal ID info.
(E) No person who is permitted to use another person’s personal ID info shall use, obtain, possess the other person’s info with intent to defraud any person by doing any act in (B)(1) or (2).
(F) It is an affirmative defense if they are using the info in accordance with a legally recognized guardianship, conservatorship or as a trustee or fiduciary.
F-5 if under 1k
F-4 if 1k-7500
F-3 if 7500-150k
F-2 if over 150k
If elderly, disabled adult, active military/spouse:
F-4 of under 1k
F-3 if 1k-7500
F-2 if 7500-150k
F-1 if over 150k
2913.49 - Identity fraud
184
Upon any highway, outside a business or residence district, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of the highway, if it it practicable to stop, park, or leave the vehicle off of the main traveled part of said highway. A clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction.
Does not apply to disabled vehicles unable to reasonably get outside of the roadway.
4511.66 Prohibition against parking on highways
185
No person shall drive upon, along, or across a street, or any part of a street that has been closed in the process of its construction, reconstruction, or repair, and posted with appropriate signs by the authority having jurisdiction to close the street.
4511.71 Prohibition against driving upon closed highway
186
When an agency is filing the civil action, the court shall require an advanced deposit for all applicable court costs and fees of the civil action. This does not apply if the offense was located in a school zone.
4511.099 Advance deposit for filing civil action
187
No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the drivers control.
No passenger in a vehicle shall ride in such position as to interfere with the drivers view ahead or to the sides, or to interfere with the drivers control.
No person shall open the door of a vehicle on the side available to moving traffic unless reasonably safe to do so. Nor shall any person leave a door open thats available to moving traffic for longer than necessary to load or unload passengers.
4511.70 Obstructed view and control of driver - opening door into moving traffic
188
No person shall send send emails in the following:
Knowingly use a computer to relay or retransmit multiple commercial emails, with the intent to deceive or mislead recipients or any email service provider.
Knowingly and materially falsify header info in multiple emails and purposely initiate the transmission of those messages.
Knowingly register, using information that materially falsifies the identity of the sender, for five or more email accounts or online user accounts or two or more domain names and purposely initiate the transmission of multiple emails from one, or any combination of those accounts/domains.
Knowingly falsely represent the right to use five or more IP addresses and purposely initiate the transmission of multiple commercial emails from those addresses.
F-5
F-4 possible depending on scale of offense
F-4 if sending spam emails through a computer without authorization to use that computer.
2913.421 - Illegally transmitting multiple emails (spamming) -
unauthorized access of computer
189
No person shall knowingly possess/sell/distribute/manufacture any device, instrument, apparatus, computer chip, equipment, decoder, descrambler, converter, software, or other device specifically adapted/modified/remanufactured for gaining access to cable tv, without securing auth/paying the owner/operator (F-5)
Each device sold/manufactured/possessed is an additional charge.
2913.041 - Possession or sale of unauthorized cable TV device
190
Traffic law violation issued by a traffic law photo-monitoring device.
4511.097 Classification of violation as civil violation
191
No pedestrian shall enter or remain upon any bridge after signal indication has been given.
No pedestrian shall pass through, over, around, or under any crossing gate or barrier at a bridge or railroad crossing while the gate or barrier is closed or is being opened or closed.
4511.511 Pedestrian on bridge or railroad grade crossing
192
Enter or remain on a critical infrastructure facility with the purpose to destroy or tamper with the facility. (F-3)
2911.211 - Aggravated trespass (M-1, F-3)
193
The arresting officer shall give advice in accordance to any OVI arrest, a written form that contains the information and shall read the advice. This shall be shown and read to the offender with at least one witness, who must also sign the form. The person must submit to the test(s) within TWO HOURS following arrest. Failure to submit automatically constitutes a refusal.
BMV form is considered a “sworn report” and must be sent to the registrar within 48 hours after the person's arrest.
4511.192 Advice to OVI arrestee
194
No person shall leave a vehicle unattended without first stopping the engine, locking the ignition, removing the key, setting the parking brake, and if upon a grade, turn the wheel to the curb or side of the road.
The requirements to stop the engine, lock the ignition, remove the key do not apply to any of the following:
Parked on residential property.
Locked, regardless of where it is parked.
Emergency vehicle.
Public safety vehicle.
4511.661 Unattended motor vehicles
195
All people operating a motorized wheelchair have equal rights and duties as pedestrians.
4511.491 Motorized wheelchair operator has rights and duties of pedestrian
196
When traffic control is not in place, vehicles shall yield the right of way to pedestrians within the crosswalk.
No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute a hazard.
When a vehicle is stopped at a crosswalk to permit a pedestrian to cross the roadway, another vehicle shall not overtake and pass the stopped vehicle.
4511.46 Right-of-way of pedestrian within crosswalk
197
Physical control - Being in the driver’s position of the front seat of a vehicle and having possession of the vehicle's ignition key.
B. No person shall have physical control of a vehicle if, at time of the physical control and of the following apply:
The person is under the influence of alcohol, a drug of abuse, or a combination of them.
The person’s whole blood, blood serum or plasma, breath, or urine contains at least the concentration of alcohol specified in OVI.
The person has a controlled substance that equals or exceeds the concentration amount in OVI.
B-3 does not apply if the person in physical control is under the influence of a prescribed substance and is using the substance as directed.
M-1
4511.194 Having physical control of a vehicle while under the influence
198
The owner of private residential area containing 20 or more dwelling units may post a speed limit if all of the following apply:
It is not less than 25 mph.
Clearly posted at the entrance of the private drive
4511.211 Establishing speed limit on private road or driveway
199
Must limit speed to not greater than 35 mph.
Require owner to get an inspection conducted by law enforcement
4511.215 Local authorization for operation of low-speed, under-speed, or utility vehicle, or a mini-truck
200
Shall not park more than 12 inches from the right hand curb, unless impossible to get that close. Local authorities can authorize parking at an angle and parking on the left curb of a one-way road.
No vehicle shall be parked facing the wrong direction of travel.
Motorcycles can face any direction when parked, no more than two can be parked in the space. Does not matter if it is metered or not.
It is an affirmative defense when being charged for parking in a handicap accessible spot that the person suffered an injury not more than 72 hours before the citation.
In no case shall an offender be sentenced to any term of imprisonment.
4511.69 Parking requirements
201
When a safety vehicle or coroner’s vehicle is approaching with at least one flashing light, visible from 500 feet, and giving an audible siren/bell/whistle, no driver shall fail to yield right of way and immediately drive as close as possible to the right edge of the roadway and remain stopped until the vehicle has passed.
No operator shall fail to immediately clear any intersection and stop their vehicle upon approach of a public safety/coroner’s vehicle.
M-4, M-3 with one prior offense, M-2 with multiple offenses
4511.45 Right-of-way of public safety or coroner’s vehicle
202
Regarding traffic law photo monitoring devices…
Officers can use any lawful means to identify the registered owner.
The person or entity that is the owner is prima facie evidence that they were operating at the time of the violation.
Within 30 days of the violation, the authority may issue and send by regular mail charging the owner with the violation. If mailed, the authority shall file a certified copy of the ticket with the court over the CIVIL ACTION.
4511.096 Examination of evidence
203
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 if any of the following circumstances exist:
A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train.
A crossing gate is lowered.
A flagperson gives or continues to give signal of the approach or passage of a train.
There is insufficient space on the otherside of the railroad crossing to accommodate the vehicle the person is operating without obstructing the passage of other vehicles, notwithstanding any traffic control signal indication to proceed.
There is insufficient undercarriage clearance to safely negotiate the crossing.
No person shall drive any vehicle through, around, or under any crossing gate or barrier while closed or is being opened or closed, unless signaled by law enforcement/flagperson.
M-4
4511.62 Stopping at railroad grade crossing
204
All drivers shall yield the right of way to every blind pedestrian guided by a guide dog, or carrying a cane which is predominantly white or metallic in color, with or without a red tip.
No person, other than a blind person, while on any public street shall carry a white or metallic cane with or without a red tip.
MM, up to M-3
4511.47 Right-of-way of blind person
205
No person shall operate a motor vehicle while wearing earphones over, or earplugs in, both ears.
Does not apply to:
Person wearing a hearing aid.
Law enforcement personnel while on duty.
Fire department personnel and emergency personnel while on duty.
Person engaged in the operation of equipment for use in the maintenance or repair of any highway.
Person engaged in the operation of refuse collection equipment.
Any person wearing earphones or earplugs for hearing protection while operating a motorcycle.
4511.84 Earphones or earplugs on operator prohibited
206
A safety vehicle operator may report the license plate and general description of the vehicle and operator to law enforcement.
Law enforcement can investigate the report and choose to cite the operator or give a written warning to the operator. If police cannot establish who the operator was at the time of violation, a written warning can be issued to the owner, or whomever rented/leased the vehicle at the time.
If cited from a report, MM offense and $150 fine. If taken to court and court cannot establish proof beyond a reasonable doubt, the emergency personnel who filed the report must testify.
4511.454 Reporting failure of motor vehicle operator to yield right-of-way to public safety vehicle
207
No person, with purpose to deprive the owner of mail, shall knowingly obtain or exert control over mail in any of the following ways:
Without the consent of the owner or person authorized to give consent
Beyond the scope of the express or implied consent of the owner
By deception, threat or intimidation.
Theft is an allied offense
Mail - Any letter, card, parcel or other material, along with its contents, that is received, accepted for delivery, delivered, or left for collection by a postal service/delivery service.
F-5
2913.021 - Theft of Mail
208
No personal shall knowingly commit theft of retail property with a retail value of $7500 or more from a retail establishment, manufacturer, distributor or cargo transportation unit for either of the following:
1. To sell, deliver, or transfer that property to a retail property fence.
2. to sell, deliver, transfer, exchange or return the retail property for value.
No person employed by, or associated with an enterprise shall receive, purchase or possess retail property with a value of $7500 or more if the person knows, believes or has reasonable cause to believe the property has been obtained by a theft.
No person shall knowingly act as an agent of an enterprise to steal retail property with a value of $7500 or more as part of an organized plan to commit theft.
No person shall knowingly recruit, coordinate, organize, supervise, direct, manage, or finance an enterprise to undertake any acts described above.
12 Month period shall be used to determine total retail value of loss.
F-3 if less than $750k
F-2 if $750k-$1.5M
F-1 if more than $1.5M
2913.08 Organized theft of retail property
