Saturday, July 23, 2011

Ohio Law Updates

I have noted some of the upcoming law changes for your reference (and mine). All law changes effective 9/23/2011 unless otherwise indicated.
  • 4510.111 - (New Law) DUS for failure to pay court fine or failure to pay child support (unclassified misdemeanor). Vehicle immobilization and forfeiture laws applicable to multiple violations of this section.

  • 4507.02 - Requires license plates to be impounded for the below offenses. Previous to this amendment, the law indicated the license plates “may” be impounded. New language indicates the license plates “shall” be impounded.
    1. 4510.11 - Driving under suspension or in violation of license restriction.
    2. 4510.14 - Driving under OVI suspension.
    3. 4510.16 (B)(3) - Driving under financial responsibility law suspension or cancellation with a prior conviction within previous five years.
    4. 4510.21 - Failure to reinstate license suspension
    5. 4507.164 (F) - Permitting operation by unlicensed driver

  • 4507.35 - Duty to display license or furnish satisfactory proof of license upon demand - Changed from M1 to Unclassified Misdemeanor.

  • Multiple DUS ORC sections - A non-certified copy of the LEADS sheet may be admitted into evidence as prima-facie evidence that the license of the person was under suspension at the time of the alleged violation.

  • 4510.16 (B) - (New Law) DUS for failure to pay civil judgment (unclassified misdemeanor).

  • 4510.21 - DUS for failure to pay reinstatement fees is now an unclassified misdemeanor.

  • 4510.41 (B)(1) - The arresting officer shall seize the vehicle that the person was operating at the time of, or that was involved in, the below listed offenses if the vehicle is registered in the arrested person’s name and its license plates:
    1. 4510.14 - Driving under OVI suspension
    2. 4511.203 - Wrongful entrustment of motor vehicle
    3. 4510.16 G2 - Driving under financial responsibility law suspension or cancellation (only if 3rd violation within 3 years)
    4. 4510.161 B - Municipal ordinance created for violating 4510.14 (OVI suspension) or 4510.16 (FRA suspension)

  • 4511.53 - New sections for motorcycle permit violations:
    1. (C)(1) - Helmets required for all passengers
    2. (C)(2)(a) - No nighttime riding
    3. (C)(2)(b) - No passengers permitted
    4. (C)(2)(c) - No freeway riding

  • 4511.69 (C) - Parking a vehicle in the opposite direction is now a violation of subsection (C)(1) and not just (C). Subsection (C)(2) was added to allow motorcycles to park at an angle opposite of direction of travel.

  • 4511.203 - All initial wrongful entrustment charges are now an unclassified misdemeanor.

  • Vehicle forfeiture is now applicable for 3rd violation in 3 years for DUS under R.C. sections 4510.11, 4510.14, and 4510.16.

  • 4549.02, 4549.021 & 4549.03 - Courts may add restitution up to $500 for accident victims

  • 2923.121 (Possession of firearm in liquor permit premises) - Most people didn’t pay attention to the current law. The current law allowed the consumption of BEER while possessing a firearm. The new law prohibits consuming both beer and liquor while possessing a firearm. This section effective 9/30/2011

  • 2923.16 (Improperly handling firearms in a motor vehicle) - The subsections of this law were changed. New subsections: This section effective 9/30/2011
    1. (E)(1) Fail to notify officer
    2. (E)(2) Fail to notify other officers that approach vehicle (new)
    3. (E)(3) Fail to remain in the motor vehicle while stopped
    4. (E)(3) Fail to keep the person’s hands in plain sight at any time
    5. (E)(4) Having contact with firearm
    6. (E)(5) Disregard or fail to comply with any lawful order
    7. This amendment also removed the requirement that the gun be in a holster; or in a closed case, bag, box, or other container; or stored in a closed glove compartment or vehicle console or in a case that is locked. Subsection (E) of current law.

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