Bill Text: OH SB77 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To increase the penalties related to operating a motor vehicle on the wrong side of an interstate freeway.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced - Dead) 2013-03-13 - To Criminal Justice [SB77 Detail]

Download: Ohio-2013-SB77-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 77

Senators Hughes, Patton 

Cosponsors: Senators LaRose, Cafaro, Gardner, Lehner, Widener 

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A BILL

To amend section 4511.35 and to enact section 4510.19

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of the Revised Code to increase the penalties

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related to operating a motor vehicle on the wrong

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side of an interstate freeway.

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

Section 1. That section 4511.35 be amended and section	5
4510.19 of the Revised Code be enacted to read as follows:	6

Sec. 4510.19. (A) No person whose driver's or commercial	7
driver's license or permit or nonresident operating privilege has	8
been suspended under division (D)(1) of section 4511.35 of the	9
Revised Code shall operate any motor vehicle upon the public roads	10
or highways within this state during the period of suspension.	11

(B) No person whose driver's or commercial driver's license	12
or permit or nonresident operating privilege has been suspended	13
under division (D)(2) of section 4511.35 of the Revised Code shall	14
operate any motor vehicle upon the public roads or highways within	15
this state during the period of suspension.	16

(C)(1) Whoever violates division (A) of this section is	17
guilty of driving under suspension imposed for driving the wrong	18
way on an interstate freeway, a misdemeanor. The court shall	19
sentence the offender to a jail term of one year and may impose a	20
fine of not more than one thousand dollars.	21

(2) Whoever violates division (B) of this section is guilty	22
of driving under suspension imposed for driving the wrong way on	23
an interstate freeway and causing a person harm, a felony of the	24
third degree. The court shall sentence the offender to a definite	25
prison term of three years and may impose a fine of not more than	26
ten thousand dollars.	27

Sec. 4511.35.  (A) Whenever any highway has been divided into	28
two roadways by an intervening space, or by a physical barrier, or	29
clearly indicated dividing section so constructed as to impede	30
vehicular traffic, every vehicle shall be driven only upon the	31
right-hand roadway, and no vehicle shall be driven over, across,	32
or within any such dividing space, barrier, or section, except	33
through an opening, crossover, or intersection established by	34
public authority. This section does not prohibit the occupancy of	35
such dividing space, barrier, or section for the purpose of an	36
emergency stop or in compliance with an order of a police officer.	37

(B) An offender is not permitted to enter a written plea of	38
guilty and waive the offender's right to contest the ticket,	39
citation, or summons in a trial but instead shall appear in person	40
in the proper court to answer the charge if a law enforcement	41
officer issues a ticket, citation, or summons to the offender for	42
a violation of division (A) of this section and the officer	43
indicates on the ticket, citation, or summons that in committing	44
the violation the offender operated a motor vehicle upon the	45
left-hand roadway of a divided highway that is part of the	46
interstate system under one of the following conditions:	47

(1) For a distance of five hundred feet or more;

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(2) For any distance, while committing a violation of	49
division (A) of section 4511.19 of the Revised Code or of a	50
substantially equivalent municipal ordinance;	51

(3) For any distance, if the offender was involved in a motor	52
vehicle collision on the left-hand roadway that caused either	53
physical harm to another person or the death of another person.	54

(C)(1) Except as otherwise provided in this division (C)(2)	55
or (D) of this section, whoever violates division (A) of this	56
section is guilty of a minor misdemeanor. If, within one year of	57
the offense, the offender previously has been convicted of or	58
pleaded guilty to one predicate motor vehicle or traffic offense,	59
whoever violates this section is guilty of a misdemeanor of the	60
fourth degree. If, within one year of the offense, the offender	61
previously has been convicted of two or more predicate motor	62
vehicle or traffic offenses, whoever violates this section is	63
guilty of a misdemeanor of the third degree.	64

(2) If the trier of fact finds that, in violating division	65
(A) of this section, the offender operated a motor vehicle for any	66
distance upon the left-hand roadway of a divided highway that is	67
part of the interstate system as a proximate result of committing	68
a violation of division (A) of section 4511.19 of the Revised Code	69
or of a substantially equivalent municipal ordinance, whoever	70
violates this section is guilty of a felony of the fourth degree.	71

(D)(1) If the trier of fact finds that, in violating division	72
(A) of this section, the offender operated a motor vehicle for a	73
distance of five hundred feet or more upon the left-hand roadway	74
of a divided highway that is part of the interstate system, the	75
court, in addition to any other penalty that the court is required	76
or permitted by law to impose on the offender, shall impose a	77
class seven suspension upon the offender in accordance with	78
section 4510.02 of the Revised Code.	79

(2) If the trier of fact finds that, in violating division	80
(A) of this section, the offender operated a motor vehicle for any	81
distance upon the left-hand roadway of a divided highway that is	82
part of the interstate system and was involved in a motor vehicle	83
collision that occurred on that left-hand roadway and the	84
collision either caused physical harm to another person or caused	85
the death of another person, the court, in addition to any other	86
penalty that the court is required or permitted by law to impose	87
on the offender, shall impose a class three suspension upon the	88
offender in accordance with section 4510.02 of the Revised Code.	89

(E) As used in this section:

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(1) "Interstate system" has the same meaning as in 23 U.S.C.	91
101.	92

(2) "Physical harm to another person" has the same meaning as	93
"physical harm to persons" in section 2901.01 of the Revised Code.	94

Section 2. That existing section 4511.35 of the Revised Code	95
is hereby repealed.	96