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Automobile Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Automobile"

Physical Control of a Vehicle While Intoxicated (O.R.C. 4511.194)

Physical Control of a Vehicle While Intoxicated (O.R.C. 4511.194) is the offense of being intoxicated while in physical control of a car, but not having caused the vehicle to move.  If you are under the influence and the prosecutor can prove that you “operated” your car and were not simply in “physical control” of your car, you may face a charge of OVI/DUI (drunk driving).  Thus the legal analysis will turn on whether on the prosecutor can prove you "operated" your car.  “Operation” includes causing or having caused a vehicle (such as a car, truck, RV, bicycle or motorcycle) to move....

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Assured Clear Distance, R.C. 4511.21(A)

Ohio Revised Code 4511.21(A), Assured Clear Distance, is a law requiring that you drive your vehicle in such a way as to be able to bring you car to a stop to avoid an accident.  As a driver, you are required to take into consideration, night driving, weather conditions, hills, curves, turns and poor lighting.  If you are driving your car and a car is traveling or stopped in front of you heading in the same direction and in the same path or lane of travel as you, you must be able to bring your car to a stop to...

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Holiday Driving Tips from www.About.com

Driving During the Holidays Extra Precaution Needed By Charles Montaldo, About.com GuideDriving on shopping trips during the holidays requires some extra safety precautions. The holiday season is a time when busy people can become careless and vulnerable to theft and other holiday crime. The following tips from the Los Angeles Police Department Crime Prevention Section can help you be more careful, prepared and aware during the holiday season.Avoid driving alone or at night. If you must shop at night, park in a well-lighted area. Avoid parking next to vans, trucks with camper shells, or cars with tinted windows. Park as close as you can to your destination and take...

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Reckless Operation

The statutory definition of reckless operation can be found at Ohio Revised Code Section 4511.20 which states: 4511.20 Operation in willful or wanton disregard of the safety of persons or property.(A) No person shall operate a vehicle, trackless trolley, or streetcar on any street or highway in willful or wanton disregard of the safety of persons or property. (B) Except as otherwise provided in this division, whoever violates 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...

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Ohio’s Wrongful Entrustment Law

Ohio Court Strikes Down Wrongful Entrustment Charge: The Court of Appeals for the Twelfth District of Ohio last week struck down a "wrongful entrustment" ticket handed to a father who had allowed his son to borrow his Jeep. West Chester Township police were intent on collecting $500 plus court costs from John R. Tranovich because his son Mark's license was suspended on June 21, 2008 when the twenty-year-old took the vehicle. A trial court heard the case and imposed a suspended six-month jail sentence on the father. Ohio's wrongful entrustment law imposes harsh penalties that include the mandatory seizure of...

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Speed Does Not Cause Accidents

Image via WikipediaAs lawmakers around the country continue to consider speed limit enforcement as the primary traffic safety measure, the most comprehensive examination of accident causation in thirty years suggests this focus on speed may be misplaced. National Highway Traffic Safety Administration (NHTSA) investigated 5,471 injury crashes that took place across the country between July 3, 2005 and December 31, 2007. Unlike previous studies automatically generated from computerized data found in police reports, researchers in this effort were dispatched to accident scenes before they were cleared. This allowed a first-hand comparison...

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