Cleveland Law Library Weblog

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.

Ohio State Highway Patrol Inspecting All School Buses

In a back-to-school drive, the Ohio State Highway Patrol is inspecting every Ohio school bus. The SHP reports that it has 23 teams out in the field making sure that all school buses are safe to transport children back and forth to and from school. Apparently, the SHP examines all Ohio school buses twice yearly pursuant to an established schedule. Last year, the SHP found 921 out of 46,256 buses that were non-compliant and had to be repaired before they were placed in service. Each school bus that passes gets a state inspection sticker, and Ohio recently issued a new 2007 School Bus Inspection Manual. Chapters 4511 and 4513 of the Ohio Revised Code contain laws relating to school buses in Ohio. Click here for contact information to find out the inspection schedule for your area.

Cuyahoga Juvenile Court to Establish Teen Impaired Driver Intervention Program

Starting on July 19, 2007, the Cuyahoga County Juvenile Court will be distributing an RFP which will solicit proposals from organizations to establish and operate a Teen Impaired Driver Intervention Program. This program is intended to help teen drivers who commit traffic offenses and may also be substance abusers. The program will be designed as an outpatient treatment program for teens and their families residing in Cuyahoga County. The Court has established expedited deadlines with proposals due by August 31st and implementation of the program to begin on October 1, 2007.

East Cleveland Red Light Camera Ordinance

The East Cleveland Ordinances are not available online.  The print version of the East Cleveland Ordinances does not contain the red light camera ordinances, passed in 2006.  To view a copy of the ordinance Download e_cleveland_red_light.pdf .

Traffic Cameras Not Significantly Reducing Accidents

Newsnet 5 received accident reports for intersections where red light cameras are placed, and examined the data six months before the cameras were installed and six months after.  Accidents decreased only slightly, from 187 to 184.  Accidents at some locations were reduced, while accidents at other locations increased. See  Red-Light Cameras Don't Significantly Reduce Accidents by Newsnet 5, May 16, 2007. 

Posted by Sue Altmeyer

Senate Passes Stricter DUI Penalties for Repeat Offenders

The Ohio Senate recently passed SB 17 , which would force repeat OVI offenders to submit to breath or blood testing if they are stopped on suspicion of violating OVI laws.  The ACLU asserts that this bill is unconstitutional. 

Additionally, if an offender was already convicted of OVI in the past 6 years, (1) any vehicles owned by the offender will be immobilized for one year and (2) the offender must wear a continuous alcohol monitoring bracelet.   The bill requires creation of an online State Registry, named "Ohio's Habitual OVI/OMWI Arrestees," that contains information regarding each person who, within the preceding 20 years, has been arrested in Ohio five or more times for an OVI/OMWI violation.   

The bill also eliminates the requirement in wrongful entrustment cases that the prosecutor must prove the offender knew or should have known the person he entrusted the car to was unfit to drive.  Under the bill, it is an affirmative defense that the offender made reasonable inquiry into the entrusted driver's status or acted in reasonable reliance upon their observations of the entrusted driver.

See Senate Passes Tougher DUI Rules by Aaron Marshall, The Plain Dealer, May 11, 2007.

Also see: Senate Bill Targets Repeat DUI Offenders by Aaron Marshall, The Plain Dealer, Mar. 1, 2007.

New Bills of Interest

These selected bills of interest can be viewed on the Ohio General Assembly's Search for Legislative Information. 

HB 170 - INSURANCE COVERAGE FOR AUTISM -Prohibit health insurers from excluding coverage for autism

HB 171 - ISSUANCE OF PROFESSIONAL LICENSES - To revise the laws governing issuance of certain professional licenses

HB 172 - SEALING OFFICIAL COURT RECORDS - Require the sealing of the official records of a person who is found not guilty of an offense

HB 173 - JUDGES - To increase compensation for justices and judges and to change qualifications for all judges.  See our post: Bill Requires More Experience for Judicial Candidates

HB 174 - TELECOMMUNICATION TOWERS - Relative to township and county telecommunication tower zoning authority

HB 177 HORSE RACING PERMITS  - Allow same person/corporation be issued not more than two horse racing permits for tracks in Ohio

HB 178 - HEALTH INSURANCE/CHILD SUPPORT - To define the reasonable cost of health insurance coverage in child support orders

HB 179 - WORKPLACE INJURY EXPENSES - Require a health insurer and allow employee to pay for services provided to care for an employee's workplace injury or occupational disease while Workers' Compensation claim is pending and then to require Workers' Compensation reimburse those expenses.

HB 181 - SCHOOL RECORDS-MISSING CHILDREN - To require public and nonpublic schools to mark the records of students identified as missing children and to notify law enforcement of requests for those records.

HB 183 - ASSAULT OF HEALTHCARE WORKER - To increase the penalties for assault of a healthcare worker or a school employee

HB 184 - ELECTED OFFICIALS REVIEW COMMISSION - Establish the Elected Officials Review Commission to study the adequacy of the salaries of elected officials relative to the duties these officials are required to perform.

HB 185- NURSES - Regarding tuition reimbursement, tax credits, and mandatory overtime for nurses and nurses aides.

HB 186 - OHIO HEALTH CARE PLAN - Establish and operate the Ohio Health Care Plan to provide universal health care coverage to all Ohio residents

HB 187 - TOWING COMPANY REGULATIONS - To require the Public Utilities Commission to regulate towing companies

HB 189 - DISCRIMINATION - Prohibit discrimination under the Ohio Civil Rights Commission Law and certain other laws on the basis of military status.

HB 191 - OBSCENE MATERIAL-CRIMINAL PROCEEDING - Require that in a criminal proceeding any obscene material involving a minor remain in the custody and control of the prosecuting attorney or court.

SB 152 - BICYCLE OPERATORS - Require bicycle operators and passengers under 18 to wear protective helmets when bicycle is operated on a roadway and to establish the Bicycle Safety Fund to assist low-income families in the purchase of bicycle helmets.

SB 153 - ACCIDENT MINIMUM FINANCIAL LIMITS - Increase the minimum financial limits for bodily injury for one person injured in an accident, for all bodily injuries in one accident, and for the property damage maximum in one accident.

SB 154 - NONPUBLIC RESTROOMS- Require certain establishments to allow customers with eligible medical conditions to use the retail establishment's restrooms that are not usually available to the public

SB 155 - CHAMPAIGN COUNTY COURT - Create a Domestic Relations-Juvenile-Probate Divison of the Champaign County Court of Common Pleas

Ohio Supreme Court Upholds Sobriety Tests

State v. Boczar, 2007-Ohio-1251:  The Ohio Supreme Court upheld an Ohio law which allows evidence of DUI roadside sobriety tests when the test substantially complied with National Highway Traffic Safety Administration rules. The law in question, 124th General Assembly, SB 163, was passed in response to a prior Ohio Supreme Court decision, State v. Homan (2000), 89 Ohio St.3d 421.  Homan held that police must strictly comply with standardized procedures in order for an eye gaze test to be admissible. SB 163 amended ORC 4511.19(D)(4)(b) to allow sobriety tests as evidence even if the officer administering the test only substantially complied with standardized rules.  The legislation in question covers eye movement tests and psychomotor tests but not breathalyzer tests.  The Court found that ORC 4511.19(D)(4)(b) was constitutional and did not infringe on the judiciary's power to enact evidentiary rules. Court Upholds Law Setting “Substantial Compliance” Standard For Admissibility of Field Sobriety Tests, Ohio Supreme Court Opinion Summary, Apr. 4, 2007.  See our prior post: Ohio Supreme Court To Decide Validity of Sobriety Tests