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Last
year the State of Ohio General Assembly passed legislation which
changed many of our existing traffic laws. These changes, SB
123 , SB 163, and HB 490, took effect on January 1st of this
year.
One
of the changes involved creating a new chapter to the Ohio Revised
Code (O.R.C.), consolidating portions of other chapters and
placing. them into the new chapter. This new chapter is O.R.C.
Chapter 4510.
"Special"
Yellow and Red License Plates Mandatory for All O.V.I. Driving
Offenses
Aside
from the change of location and title, many of the traffic laws
have under gone somewhat significant changes. The most noticeable
of these changes is the issuance of Special License Plates.
These plates are yellow with red print. These Special License
Plates are not new. They have been around for many years and
were at the discretion of the courts as to whether or not to
be required.
Now,
due to SB 123, SB 163, and HB 490, the courts are required to
impose these Special License Plates for all O.V.I. (formerly
O.M.V.I./D.U.I.) violations as well as most Driving Under Suspension
violations.
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The
new law also altered many other traffic violations. While the
definitions of the offense were not changed, the penalties were.
Some penalties were lessened while others were
increased.
"Speeding"
Penalties
Increased
One
example is a violation of the Speed Limit. In the past, any
other moving violation sited to a driver would make a Speed
violation go to the next penalty level, i.e. your 3rd moving
violation would become a 4th Degree Misdemeanor instead of a
Minor Misdemeanor. This is known as enhancing an offense.
With the new law, offenses such as Speeding can only be "enhanced"
by previous Speeding convictions. However, it now takes fewer
Speeding convictions to be "enhanced" from a Minor
Misdemeanor to a 4th Degree Misdemeanor.
Other
changes to the O.R.C. have been made due to this legislation.
Many of these are even now getting ready to be changed again.
Loopholes and slight oversights have, in some cases, created
more questions than answers; for both citizens and law enforcement
alike.
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