As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 16

Representative Sears 

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A BILL

To amend section 4511.091 of the Revised Code to

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prohibit a person from being arrested, charged, or

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convicted for speeding on a public street,

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highway, private road, or driveway based on a

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peace officer's unaided visual estimation of the

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speed of a motor vehicle, trackless trolley, or

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streetcar.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4511.091 of the Revised Code be	8
amended to read as follows:	9

Sec. 4511.091.  (A) The driver of any motor vehicle that has	10
been checked by radar, or by any electrical or mechanical timing	11
device to determine the speed of the motor vehicle over a measured	12
distance of a highway or a measured distance of a private road or	13
driveway, and found to be in violation of any of the provisions of	14
section 4511.21 or 4511.211 of the Revised Code, may be arrested	15
until a warrant can be obtained, provided the arresting officer	16
has observed the recording of the speed of the motor vehicle by	17
the radio microwaves, electrical or mechanical timing device, or	18
has received a radio message from the officer who observed the	19
speed of the motor vehicle recorded by the radio microwaves,	20
electrical or mechanical timing device; provided, in case of an	21
arrest based on such a message, the radio message has been	22
dispatched immediately after the speed of the motor vehicle was	23
recorded and the arresting officer is furnished a description of	24
the motor vehicle for proper identification and the recorded	25
speed.	26

(B) If the driver of a motor vehicle being driven on a public	27
street or highway of this state is observed violating any	28
provision of this chapter other than section 4511.21 or 4511.211	29
of the Revised Code by a law enforcement officer situated at any	30
location, including in any type of airborne aircraft or airship,	31
that law enforcement officer may send a radio message to another	32
law enforcement officer, and the other law enforcement officer may	33
arrest the driver of the motor vehicle until a warrant can be	34
obtained or may issue the driver a citation for the violation;	35
provided, if an arrest or citation is based on such a message, the	36
radio message is dispatched immediately after the violation is	37
observed and the law enforcement officer who observes the	38
violation furnishes to the law enforcement officer who makes the	39
arrest or issues the citation a description of the alleged	40
violation and the motor vehicle for proper identification.	41

(C)(1) No person shall be arrested, charged, or convicted of	42
a violation of any provision of section 4511.21 or 4511.211 of the	43
Revised Code or a substantially similar municipal ordinance based	44
on a peace officer's unaided visual estimation of the speed of a	45
motor vehicle, trackless trolley, or streetcar.	46

(2) As used in this division, "peace officer" has the same	47
meaning as in section 2935.01 of the Revised Code.	48

Section 2. That existing section 4511.091 of the Revised Code	49
is hereby repealed.	50