The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 356 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsor:
Senator Wagoner
A BILL
To amend section 4511.35 and to enact section 4510.19
of the Revised Code to increase the penalties
related to operating a motor vehicle on the wrong
side of an interstate freeway.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.35 be amended and section
4510.19 of the Revised Code be enacted to read as follows:
Sec. 4510.19. (A) No person whose driver's or commercial
driver's license or permit or nonresident operating privilege has
been suspended under division (D)(1) of section 4511.35 of the
Revised Code shall operate any motor vehicle upon the public roads
or highways within this state during the period of suspension.
(B) No person whose driver's or commercial driver's license
or permit or nonresident operating privilege has been suspended
under division (D)(2) of section 4511.35 of the Revised Code shall
operate any motor vehicle upon the public roads or highways within
this state during the period of suspension.
(C)(1) Whoever violates division (A) of this section is
guilty of driving under suspension imposed for driving the wrong
way on an interstate freeway, a misdemeanor. The court shall
sentence the offender to a jail term of one year and may impose a
fine of not more than one thousand dollars.
(2) Whoever violates division (B) of this section is guilty
of driving under suspension imposed for driving the wrong way on
an interstate freeway and causing a person harm, a felony of the
third degree. The court shall sentence the offender to a definite
prison term of three years and may impose a fine of not more than
ten thousand dollars.
Sec. 4511.35.
(A) Whenever any highway has been divided
into
two
roadways by an
intervening space, or by a physical
barrier, or
clearly indicated dividing
section so constructed as
to impede
vehicular traffic, every vehicle shall be
driven only
upon the
right-hand roadway, and no vehicle shall be driven over,
across,
or within any such dividing space, barrier, or section,
except
through
an opening, crossover, or intersection established
by
public authority. This
section does not prohibit the occupancy
of
such dividing space, barrier, or
section for the purpose of an
emergency stop or in compliance with an order of
a police officer.
(B) If a law enforcement officer issues a ticket, citation,
or summons to an offender for a violation of division (A) of this
section and the officer indicates on the ticket, citation, or
summons that in committing the violation the offender either
operated a motor vehicle for a distance of five hundred feet or
more upon the left-hand roadway of a divided highway that is part
of the interstate system or the offender operated a motor vehicle
for any distance upon the left-hand roadway of a divided highway
that is part of the interstate system and was involved in a motor
vehicle collision that occurred on that left-hand roadway and the
collision either caused physical harm to another person or caused
the death of another person, the offender is not permitted to
enter a written plea of guilty and waive the person's right to
contest the ticket, citation, or summons in a trial but instead
shall appear in person in the proper court to answer the charge.
(C)
Except as otherwise provided in this division (D) of this
section, whoever
violates division (A) of
this section is guilty
of a minor misdemeanor. If,
within one year of
the offense, the
offender previously has been
convicted of or pleaded
guilty to one
predicate motor vehicle or
traffic offense, whoever
violates this
section is guilty of a
misdemeanor of the fourth
degree. If,
within one year of the
offense, the offender
previously has been
convicted of two or more
predicate motor
vehicle or traffic
offenses, whoever violates this
section is
guilty of a misdemeanor
of the third degree.
(D)(1) If the trier of fact finds that, in violating division
(A) of this section, the offender operated a motor vehicle for a
distance of five hundred feet or more upon the left-hand roadway
of a divided highway that is part of the interstate system, the
court, in addition to any other penalty that the court is required
or permitted by law to impose on the offender, shall impose a
class seven suspension upon the offender in accordance with
division (A)(7) of
section 4510.02 of the Revised Code.
(2) If the trier of fact finds that, in violating division
(A) of this section, the offender operated a motor vehicle for any
distance upon the left-hand roadway of a divided highway that is
part of the interstate system and was involved in a motor vehicle
collision that occurred on that left-hand roadway and the
collision either caused physical harm to another person or caused
the death of another person, the court, in addition to any other
penalty that the court is required or permitted by law to impose
on the offender, shall impose a class three suspension upon the
offender in
accordance with division (A)(4) of section 4510.02 of
the Revised
Code.
(E) As used in this section:
(1) "Interstate system" has the same meaning as in 23
U.S.C.A. 101.
(2) "Physical harm to another person" has the same meaning as
in division (A)(3) of section 2901.01 of the Revised Code.
Section 2. That existing section 4511.35 of the Revised Code
is hereby repealed.
|
|