(A) "Cancel" or "cancellation" means the annulment or | 20 |
termination by the bureau of motor vehicles of a driver's license, | 21 |
commercial driver's license, temporary instruction permit, | 22 |
probationary license, or nonresident operating privilege because | 23 |
it was obtained unlawfully, issued in error, altered, or willfully | 24 |
destroyed, or because the holder no longer is entitled to the | 25 |
license, permit, or privilege.
| 26 |
(C) "Ignition interlock device" means a device approved by | 29 |
the director of public safety that connects a breath analyzer to a | 30 |
motor vehicle's ignition system, that is constantly available to | 31 |
monitor the concentration by weight of alcohol in the breath of | 32 |
any person attempting to start that motor vehicle by using its | 33 |
ignition system, and that deters starting the motor vehicle by use | 34 |
of its ignition system unless the person attempting to start the | 35 |
vehicle provides an appropriate breath sample for the device and | 36 |
the device determines that the concentration by weight of alcohol | 37 |
in the person's breath is below a preset level.
| 38 |
(E) "Moving violation" means any violation of any statute or | 47 |
ordinance that regulates the operation of vehicles, streetcars, or | 48 |
trackless trolleys on the highways or streets. "Moving violation" | 49 |
does not include a violation of section 4511.204 or 4513.263 of | 50 |
the Revised Code or a substantially equivalent municipal | 51 |
ordinance, a violation of any statute or ordinance regulating | 52 |
pedestrians or the parking of vehicles, vehicle size or load | 53 |
limitations, vehicle fitness requirements, or vehicle | 54 |
registration.
| 55 |
(H) "Suspend" or "suspension" means the permanent or | 61 |
temporary withdrawal, by action of a court or the bureau of motor | 62 |
vehicles, of a driver's license, commercial driver's license, | 63 |
temporary instruction permit, probationary license, or nonresident | 64 |
operating privilege for the period of the suspension or the | 65 |
permanent or temporary withdrawal of the privilege to obtain a | 66 |
license, permit, or privilege of that type for the period of the | 67 |
suspension.
| 68 |
Sec. 4511.093. (A)(1) No law enforcement officer who stops | 71 |
the operator of a motor vehicle in the course of an authorized | 72 |
sobriety or other motor vehicle checkpoint operation or a motor | 73 |
vehicle safety inspection shall issue a ticket, citation, or | 74 |
summons for a secondary traffic offense unless in the course of | 75 |
the checkpoint operation or safety inspection the officer first | 76 |
determines that an offense other than a secondary traffic offense | 77 |
has occurred and either places the operator or a vehicle occupant | 78 |
under arrest or issues a ticket, citation, or summons to the | 79 |
operator or a vehicle occupant for an offense other than a | 80 |
secondary offense. | 81 |
(B) As used in this section, "secondary traffic offense" | 88 |
means a violation of division (A) or (F)(2) of section 4507.05, | 89 |
division (B)(1)(a) or (b) or (E) of section 4507.071, division (A) | 90 |
of section 4511.204, division (C) or (D) of section 4511.81, | 91 |
division (A)(3) of section 4513.03, or division (B) of section | 92 |
4513.263 of the Revised Code. | 93 |
(C) Notwithstanding any provision of law to the contrary, no | 116 |
law enforcement officer shall cause an operator of an automobile | 117 |
being operated on any street or highway to stop the automobile for | 118 |
the sole purpose of determining whether a violation of division | 119 |
(A) of this section has been or is being committed or for the sole | 120 |
purpose of issuing a ticket, citation, or summons for a violation | 121 |
of that nature or causing the arrest of or commencing a | 122 |
prosecution of a person for a violation of that nature, and no law | 123 |
enforcement officer shall view the interior or visually inspect | 124 |
any automobile being operated on any street or highway for the | 125 |
sole purpose of determining whether a violation of that nature has | 126 |
been or is being committed. | 127 |
(4)(a) Whenever a law enforcement officer issues a ticket, | 138 |
citation, or summons to an offender charging the offender with a | 139 |
violation of this section, the officer shall indicate on the | 140 |
ticket, citation, or summons if at the time of the violation the | 141 |
offender was involved in a motor vehicle accident with another | 142 |
motor vehicle, a pedestrian, or any object. If the law enforcement | 143 |
officer makes such an indication on the ticket, citation, or | 144 |
summons, the offender is not permitted to enter a written plea of | 145 |
guilty and waive the offender's right to contest the citation in a | 146 |
trial but instead shall appear in person in the proper court to | 147 |
answer the charge; in all other circumstances, the offender may | 148 |
enter a written plea of guilty and waive the right to contest the | 149 |
citation in a trial. | 150 |
(b) If the trier of fact finds that the offender was involved | 151 |
in a motor vehicle accident at the time of the violation of this | 152 |
section, the court, in addition to any other penalties it is | 153 |
required or permitted by law to impose, shall impose a class seven | 154 |
license suspension of the offender's driver's license, commercial | 155 |
driver's license, temporary instruction permit, probationary | 156 |
license, or nonresident operating privilege and shall impose the | 157 |
suspension for six months. | 158 |