Bill Title: To prohibit a person from being arrested, charged, or convicted for speeding on a public street, highway, private road, or driveway based on a peace officer's unaided visual estimation of the speed of a motor vehicle, trackless trolley, or streetcar.
Sponsorship: Strong Partisan Bill (Democrat 15-1)
Status: (Introduced - Dead) 2010-06-15 - To Criminal Justice
[HB552 Detail]Download: Ohio-2009-HB552-Introduced.html
As Introduced
| 128th General Assembly | | Regular Session | | 2009-2010 |
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Representatives Hagan, Gerberry
Cosponsors:
Representatives Dyer, Harwood, Okey, Yuko, Weddington, Murray, Chandler, Harris, Brown, Foley, Bolon, Domenick, Newcomb, Goyal
A BILL
| To amend section 4511.091 of the Revised Code to | 1 |
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prohibit a person from being arrested, charged, or | 2 |
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convicted for speeding on a public street, | 3 |
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highway, private road, or driveway based on a | 4 |
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peace officer's unaided visual estimation of the | 5 |
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speed of a motor vehicle, trackless trolley, or | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 4511.091 of the Revised Code be | 8 |
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amended to read as follows: | 9 |
| Sec. 4511.091. (A) The driver of any motor vehicle that has | 10 |
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been checked by radar, or by any electrical or mechanical timing | 11 |
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device to determine the speed of the motor vehicle over a measured | 12 |
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distance of a highway or a measured distance of a private road or | 13 |
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driveway, and found to be in violation of any of the provisions of | 14 |
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section 4511.21 or 4511.211 of the Revised Code, may be arrested | 15 |
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until a warrant can be obtained, provided the arresting officer | 16 |
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has observed the recording of the speed of the motor vehicle by | 17 |
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the radio microwaves, electrical or mechanical timing device, or | 18 |
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has received a radio message from the officer who observed the | 19 |
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speed of the motor vehicle recorded by the radio microwaves, | 20 |
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electrical or mechanical timing device; provided, in case of an | 21 |
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arrest based on such a message, the radio message has been | 22 |
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dispatched immediately after the speed of the motor vehicle was | 23 |
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recorded and the arresting officer is furnished a description of | 24 |
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the motor vehicle for proper identification and the recorded | 25 |
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speed. | 26 |
| (B) If the driver of a motor vehicle being driven on a public | 27 |
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street or highway of this state is observed violating any | 28 |
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provision of this chapter other than section 4511.21 or 4511.211 | 29 |
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of the Revised Code by a law enforcement officer situated at any | 30 |
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location, including in any type of airborne aircraft or airship, | 31 |
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that law enforcement officer may send a radio message to another | 32 |
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law enforcement officer, and the other law enforcement officer may | 33 |
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arrest the driver of the motor vehicle until a warrant can be | 34 |
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obtained or may issue the driver a citation for the violation; | 35 |
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provided, if an arrest or citation is based on such a message, the | 36 |
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radio message is dispatched immediately after the violation is | 37 |
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observed and the law enforcement officer who observes the | 38 |
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violation furnishes to the law enforcement officer who makes the | 39 |
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arrest or issues the citation a description of the alleged | 40 |
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violation and the motor vehicle for proper identification. | 41 |
| (C)(1) No person shall be arrested, charged, or convicted of | 42 |
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a violation of any provision of section 4511.21 or 4511.211 of the | 43 |
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Revised Code or a substantially similar municipal ordinance based | 44 |
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on a peace officer's unaided visual estimation of the speed of a | 45 |
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motor vehicle, trackless trolley, or streetcar. | 46 |
| (2) As used in this division, "peace officer" has the same | 47 |
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meaning as in section 2935.01 of the Revised Code. | 48 |
| Section 2. That existing section 4511.091 of the Revised Code | 49 |
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is hereby repealed. | 50 |
