130th Ohio General Assembly
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H. B. No. 16  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 16


Representative Sears 



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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