Cleveland Law Library Weblog

Cleveland Bans Texting While Driving!

Yesterday, July 19, 2009, the City of  Cleveland started enforcing its new ordinance banning texting while driving. See our prior post, where you can find the text of the new ordinance and the  City Council record. The first offense will cost $100, the secound will cost $250, and all others after that could cost up to $500. Click here to read the Plain Dealer article about the new law.

Garfield Hts. Municipal Court Offers Help with Drivers License Reinstatement

The Garfield Heights Municipal Court is offering free legal help to drivers who want to try and reinstate their licenses. The help session is planned for June 20, 2009 from 1-4:00 p.m. at Cleveland-Marshall College of Law at 18th and Euclid downtown. Lawyers, law students and others will be available in Room 237. Click here to read the notice from the Plain Dealer online.

New Members Only Briefs Available from Ohio LSC

The Ohio Legislative Service Commission has updated its Members Only Brief on OVI and OVUAC law and added 3 new briefs on Ohio Immunization Laws, Unemployment Benefits, and Ohio's Public Retirement Systems:

An Updated Summary of Ohio OVI and OVUAC Law* (Jan. 27, 2009)
<http://www.lsc.state.oh.us/membersonly/128ovi-ovuaclaw.pdf>

Ohio Immunization Laws* (April 10, 2009)
<http://www.lsc.state.oh.us/membersonly/128immunization.pdf>

Financing Unemployment Benefits--Federal Loans to Cover Shortfalls (April
10, 2009)
<http://www.lsc.state.oh.us/membersonly/128financingunemployment.pdf>

Ohio's Public Retirement Systems (April 10, 2009)
<http://www.lsc.state.oh.us/membersonly/128publicretirement.pdf>

Cleveland City Council Votes to Ban Texting While Driving

At its April 14, 2009 meeting, the Cleveland City Council voted to enact new section 433.09 (Ordinance 105-09) to ban texting on cell phones while driving in the City. The Council also passed Resolution No. 110-09 urging Ohio's Governor and General Assembly to research other states' laws on cell phone usage and texting while driving. According to the Council's Press Release, Councilman Zack Reed introduced the legislation.Click here to read an article with more specifics about the law that will take effect 90 days after Mayor Jackson signs it,

Failure to Wear a Seat Belt in Ohio May Soon Be Primary Violation

The Ohio General Assembly is considering a new law to make the failure to wear a seat belt a primary violation. This means that instead of having to stop a driver for another violation such as speeding in order to ticket for a seat belt violation, a seat belt violation will be sufficient on its own. According to Ohio.com, the Governor claims that changing the law would save lives. According to the print edition of the Daily Legal News from 2/5/09, Ohio is in a rush with 14 other states to pass the law before July in order to receive $26.8 million in federal government money. If Ohio passes the law, ohio.com reports that Ohio would join 26 states that already make seat belt violations a primary offense.

Ohio Enacts New Booster Seat Law

On January 6, 2009, Governor Strickland signed Sub. H.B. 320.  This new law requires children between the ages of four and eight and under 4'9" tall to be restrained by booster seats.  The law provides that this is a secondary offense, requiring the driver to be stopped for another reason before a citation may be issued.  The law goes into effect on April 6, 2009.  Warnings will be issued for six months before fines, ranging from $25 to $75, can be imposed.  Governor Strickland is seeking to increase those fines to between $50 and $100 in his proposed budget.

Ohio O.K.'d to Buy 700 New Drunk Driving Intoxilyzer Machines

According to cleveland.com, the Ohio Controlling Board has authorized the Ohio Department of Public Safety to purchase 700 brand new Intoxilyzer 8000 breath-testing machines to check for drunk driving. These new machines will be used in Clermont County first, but drunk drivers can expect to see them being employed state-wide in Ohio by September of 2009. Although these new machines are completely digital and Internet-ready, cleveland.com reports that their use is the subect of pending lawsuits against the manufacturer in at least Minnesota, Arizona, and Florida. 

Alleged Speeders May Get a Break

Alleged speeders may get a break under a new decision issued by Ohio's 9th District Court of Appeals. On Monday, that Court reversed a $100 ticket issued to a truck driver who was allegedly going 67 in a 55 mph. zone on I-71. The Court's decision in Case No. 07CA0018-M hinged on the fact that no expert had established that the laser gun was accurate during lower court proceedings in Medina Muni Court. The Court specifically noted that the Muni Court was not authorized to take judicial notice of the scientific accuracy of the device under Rule 201 of the Ohio Rules of Evidence. According to the Court, Rule 201 would allow for judicial notice to be exercised only if the trial court, in a reported opinion, or the direct appellate court, in a reported or unreported opinion, had determined that the device was scientifically accurate. Neither court had issued such an opinion before the truck driver's case went up on appeal in this case. Interestingly, as an aside, the Appeals Court noted that it accepted the driver's statement of the facts inasmuch as the Medina Municipal Prosecutor failed to file an appellate brief. Click here for a brief article about the decision from newsnet5.com.

Akron's Speeding Laws Are Valid Under Home Rule

Yesterday, the Ohio Supreme Court provided guidance to a Cleveland federal district court that certified a question concerning the legality and enforceaiblity of Akron's speeding ordinance. In Mendenhall v. Akron, 2008-Ohio-270, the Ohio Supreme Court held that Akron has the authority under the "home rule" provisions of Ohio's Constitution (Section 3, Article XVIII) to create an automated system for traffic enforcement that does not conflict with state law. The Court further held that Akron's speeding ordinance is a valid exercise of its police powers. The Court's recitation of the certified question indicates that the federal court would apply the same reasoning to issues regarding red-light cameras. However, the Court did not address other potential challenges to the legality of either speeding red light camera ordinances. The dockets and court documents in the underlying federal cases can be found at PACER, using case nos. 5:06 CV 0139 and 5:06 CV 0154. Click here to read the Supreme Court's Press Release.

Ohio State Highway Patrol at Work in Cuyahoga County

The report is in, and the Cuyahoga County Metropolitan Initiative (CCMI) was a success. From October 15th through November 16th, State Highway Patrol troopers cited 592 drivers with 2,266 citations, including 442  for seat belt violations. The goal of the program was to reduce injuries and fatal crashes which had ranked Cuyahoga County as the worst county in Ohio for fatal crashes. The Cleveland Law Library receives a percentage of its funds from tickets written by state highway patrol officers.