Cleveland Law Library Weblog

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

Transportation Budget Enacted: Charter School Transportation Vetoed, Contains Restrictions on School Bus Drivers

Governor Strickland signed HB 67, the transportation budget bill, but vetoed a provision which would allow charter schools to have their own transportation programs.  Charter schools are currently required to use the school district's transportation system, unless the school district agrees otherwise.  If charter schools were allowed to have their own transportation system, it would take money away from the school district's transportation system. Strickland Vetoes Charter School Provision in Bill by Matt Leingang, Associated Press, Zanesville Times Recorder, April 1, 2007; Strickland to Sign Transportation Budget Bill Saturday , Governor's Press Release, 3/30/2007. 

The bill also prohibits school buses from being operated by anyone who has committed certain traffic violations in the last 7 years.  The violations include driving under the influence or committing homicide or another felony with a vehicle.  Owners of a school bus must obtain seven-year driving record checks on  drivers and annual records thereafter. Current law allows a six-year review.

The bill also contains a provision prohibiting motor vehicle lessors from paying red light camera tickets issued on the leased vehicles, and then attempting to obtain reimbursement from the renter/lessee.  The lessor must notify the city that issued the ticket of the renter's name and address.  See proposed new ORC 4511.092.  See our prior post Governor's Proposed Budget Available Online. 

Location of Mobile Traffic Cameras Generates Controversy

The City of Cleveland uses one mobile traffic camera on West 117th near I-90 and another on East 185th near I-90.  Some Cleveland City Council members assert that the mobile cameras are located there to generate revenue from rush hour commuters.  The council members want the cameras to be used in neighborhoods, to protect children and other pedestrians.  See Cameras for Cash, Not Safety, Some Say by Susan Vinella, The Plain Dealer, March 28, 2007.  Statistics for the Cleveland red light cameras are provided in the following article: Focus on Traffic Cameras , Plain Dealer, March 28, 2007.

Governor's Proposed Budget Available Online

Governor Strickland's Executive Budget for Fiscal Years 2008 and 2009 contains links to three budget bills:  two concerning workers' compensation and one concerning the transportation budget.  Contained in the transportation budget bill, HB 67, is a provision prohibiting motor vehicle lessors from paying red light camera tickets issued on the leased vehicles, and then attempting to obtain reimbursement from the renter/lessee.  The lessor must notify the city that issued the ticket of the renter's name and address.  See proposed new ORC 4511.092.  Also contained in the transportation bill is a provision allowing charter schools to assume full responsibility for pupil transportation.  See proposed revised ORC 3314.091. 

Columbus Study Finds Red Light Cameras Reduce Accidents

Contrary to the studies previously noted on this blog, see our prior post DC Court Finds Traffic Cameras Constitutional, the City of Columbus perfomed a study which revealed that red light cameras reduced accidents.  See Columbus Officials Say Red-Light Cameras Reduced Crashes in '06, Associated Press, Cleveland.com , Feb. 27, 2007.

Supreme Court Will Hear Appeal of Speeding Ticket

The Ohio Supreme Court will decide whether a police officer should have checked a box on a speeding ticket indicating that the speed was excessive for conditions.  The case is Village of Bellville v. Kieffaber, Ohio Supreme Court Case No.  2006-0824.  The docket of this case can be viewed at the Ohio Supreme Court's Website.  Kieffaber argues that he was not properly notified of the elements of the charge.  The Fifth District Court of Appeals held against Kieffaber.  See Bellview v. Kieffaber, 2005-Ohio-6879  The Ohio Supreme Court agreed to hear the case, because their is a conflicting opinion from the Sixth District Court of Appeals, State v. Oglesby (Sept. 1, 2000), Erie App. No. E-99-077 and E-99-076. 

The Ohio Supreme Court describes the issue as follows, "In a traffic law enforcement citation for 'excessive speed', does the complaint fail as a matter of law, to charge a necessary element of the offense if it does not also allege that the speed is "prima facie" unlawful and the speed alleged is not charged as a 'per se" violation of the applicable traffic code."

Source: Speeding Ticket Goes to Supreme Court by Matt Leingang, Associated Press, Cincinnati Enquirer, Feb. 25, 2006.