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S. B. No. 280 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Senators Grendell, Cafaro
Cosponsors:
Senators Seitz, Jones, Miller, D., Buehrer, Widener, Schiavoni, Carey, Schuring, Husted, Sawyer
A BILL
To amend section 4511.091 of the Revised Code 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.091 of the Revised Code be
amended to read as follows:
Sec. 4511.091. (A) The driver of any motor vehicle that has
been checked by radar, or by any electrical or mechanical timing
device to determine the speed of the motor vehicle over a measured
distance of a highway or a measured distance of a private road or
driveway, and found to be in violation of any of the provisions of
section 4511.21 or 4511.211 of the Revised Code, may be arrested
until a warrant can be obtained, provided the arresting officer
has observed the recording of the speed of the motor vehicle by
the radio microwaves, electrical or mechanical timing device, or
has received a radio message from the officer who observed the
speed of the motor vehicle recorded by the radio microwaves,
electrical or mechanical timing device; provided, in case of an
arrest based on such a message, the radio message has been
dispatched immediately after the speed of the motor vehicle was
recorded and the arresting officer is furnished a description of
the motor vehicle for proper identification and the recorded
speed.
(B) If the driver of a motor vehicle being driven on a public
street or highway of this state is observed violating any
provision of this chapter other than section 4511.21 or 4511.211
of the Revised Code by a law enforcement officer situated at any
location, including in any type of airborne aircraft or airship,
that law enforcement officer may send a radio message to another
law enforcement officer, and the other law enforcement officer may
arrest the driver of the motor vehicle until a warrant can be
obtained or may issue the driver a citation for the violation;
provided, if an arrest or citation is based on such a message, the
radio message is dispatched immediately after the violation is
observed and the law enforcement officer who observes the
violation furnishes to the law enforcement officer who makes the
arrest or issues the citation a description of the alleged
violation and the motor vehicle for proper identification.
(C)(1) No person shall be arrested, charged, or convicted of
a violation of any provision of section 4511.21 or 4511.211 of the
Revised Code or a substantially similar municipal ordinance based
on a peace officer's unaided visual estimation of the speed of a
motor vehicle, trackless trolley, or streetcar.
(2) As used in this division, "peace officer" has the same
meaning as in section 2935.01 of the Revised Code.
Section 2. That existing section 4511.091 of the Revised Code
is hereby repealed.
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