motor vehicle violation in Ohio

2004State v. Hartman (1987), 41 Ohio App.3d 142 , fn. 3, citing State v. Kirkpatrick (June 22, 1987), Preble App. No. CA 87-02-003; State v. Tamburin (2001), 145 Ohio App.3d 774 , 780 . {¶ 8} We conclude that the trial court could properly take into consideration the "citation record" signed by the police officer who cited Short, Champaign County Sheriff Deputy Shane Oelker, in making that determination.

2003State v. Tamburin (2001), 145 Ohio App.3d 774 , 780 , appeal not allowed (2002), 94 Ohio St.3d 1430 . "`[A]buse of discretion' connotes more than an error of law or judgment; it implies that the court's attitude is unreasonable, arbitrary or unconscionable." State v. Lowe (1994), 69 Ohio St.3d 527 , 532 , quoting State v. Adams (1980), 62 Ohio St.2d 151 , 157 . {¶ 31} "[A] court of record, in deciding whether to suspend a driver's license pursuant to R.C. 4507.34 , is entitled to consider all the evidence the record reveals which is probative of whether a defendant's operation of a motor vehic

2018When reviewing the sufficiency of the evidence, “[t]he relevant inquiry is whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt.” State v. Jenks, 61 Ohio St.3d 259 , 574 N.E.2d 492 (1991), paragraph two of the syllabus. {¶15} Simmons was convicted of carrying a concealed weapon in violation of R.C. 2923.12(A)(2), which provides in relevant part that “[n]o person shall knowingly carry or have, concealed on the person’s person or concealed ready at hand *

2018When reviewing the sufficiency of the evidence, “[t]he relevant inquiry is whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt.” State v. Jenks, 61 Ohio St.3d 259 , 574 N.E.2d 492 (1991), paragraph two of the syllabus. {¶15} Simmons was convicted of carrying a concealed weapon in violation of R.C. 2923.12(A)(2), which provides in relevant part that “[n]o person shall knowingly carry or have, concealed on the person’s person or concealed ready at hand *

2025Id.

1999Id.

2024Artagos was convicted of improper handling of firearm in a motor vehicle in violation of R.C. 2923.16(D)(1), which states that “[n]o person shall knowingly transport or have a loaded handgun in a motor vehicle if, at the time of that transportation or possession, * * * [t]he person is under the influence of alcohol, a drug of abuse, or a combination of them.” The term “under the influence” has been defined as “‘the condition in which a person finds himself after having consumed some intoxicating beverage in such quantity that its effect on him adversely affects his actions, reactions, conduct,

2024Artagos was convicted of improper handling of firearm in a motor vehicle in violation of R.C. 2923.16(D)(1), which states that “[n]o person shall knowingly transport or have a loaded handgun in a motor vehicle if, at the time of that transportation or possession, * * * [t]he person is under the influence of alcohol, a drug of abuse, or a combination of them.” The term “under the influence” has been defined as “‘the condition in which a person finds himself after having consumed some intoxicating beverage in such quantity that its effect on him adversely affects his actions, reactions, conduct,

2006Delaware v. Prouse (1979), 440 U.S. 648 .

2005Delaware v. Prouse (1979), 440 U.S. 648 , 668 . {¶ 34} The lawfulness of an initial stop will not support a "fishing expedition" for evidence of crime.

2004State v. Hartman (1987), 41 Ohio App.3d 142 , fn. 3, citing State v. Kirkpatrick (June 22, 1987), Preble App. No. CA 87-02-003; State v. Tamburin (2001), 145 Ohio App.3d 774 , 780 . {¶ 8} We conclude that the trial court could properly take into consideration the "citation record" signed by the police officer who cited Short, Champaign County Sheriff Deputy Shane Oelker, in making that determination.

2003State v. Tamburin (2001), 145 Ohio App.3d 774 , 780 , appeal not allowed (2002), 94 Ohio St.3d 1430 . "`[A]buse of discretion' connotes more than an error of law or judgment; it implies that the court's attitude is unreasonable, arbitrary or unconscionable." State v. Lowe (1994), 69 Ohio St.3d 527 , 532 , quoting State v. Adams (1980), 62 Ohio St.2d 151 , 157 . {¶ 31} "[A] court of record, in deciding whether to suspend a driver's license pursuant to R.C. 4507.34 , is entitled to consider all the evidence the record reveals which is probative of whether a defendant's operation of a motor vehic

2004Id. {¶ 7} R.C. 4507.34 permits a court to suspend or revoke an individual's driver's license for up to one year when that person is found guilty of "operating a motor vehicle in violation of [Ohio's] laws or ordinances, relating to reckless operation." The Ohio Supreme Court has recognized that under certain circumstances Ohio's speeding laws may relate to reckless operation under this statute.

2004Id. {¶ 16} R.C. 4507.34 permits a court to suspend or revoke an individual's driver's license for up to one year when that person is found guilty of "operating a motor vehicle in violation of [Ohio's] laws or ordinances, relating to reckless operation[.]" The Supreme Court of Ohio has recognized that Ohio's speeding laws, depending upon the circumstances, may be laws that relate to reckless operation under the statute.

2001But because the tractor “had just completed packing gravel berm on the east side of the highway, and was preparing to turn left into a private drive so that he could turn around and head south in order to pack down freshly dumped gravel,” 91 Ohio St.3d at 145 , 742 N.E.2d at 1131 , the tractor, for a brief moment in time, is deemed to be a vehicle designed for or generally used in highway transportation.

2001But because the tractor “had just completed packing gravel berm on the east side of the highway, and was preparing to turn left into a private drive so that he could turn around and head south in order to pack down freshly dumped gravel,” 91 Ohio St.3d at 145 , 742 N.E.2d at 1131 , the tractor, for a brief moment in time, is deemed to be a vehicle designed for or generally used in highway transportation.

2026Based on our review of the record and the applicable law, we agree with Reid-Payne that our recent decision in Matosky requires us to affirm the trial court’s judgment. {¶ 10} In Matosky, 2025-Ohio-5658 (2d Dist.), the defendant was indicted on one 4 count of carrying concealed weapons in violation of R.C. 2923.12(A)(2) and one count of improperly handling firearms in a motor vehicle in violation of R.C. 2923.16(B).

2025In contrast, when this court reviews a challenge to the manifest weight of the evidence, it must “review the entire record, weigh the evidence, consider the credibility of the witnesses, and determine whether the trier of fact clearly lost its way and created a manifest miscarriage of justice.” State v. Powell, 2020-Ohio-4283, ¶ 16 (1st Dist.), citing State v. Thompkins, 1997-Ohio-52, ¶ 25 . {¶20} D.L. was adjudicated delinquent for carrying a concealed weapon in violation of R.C. 2923.12(A)(2), which provides that “[n]o person shall knowingly carry or have, concealed on the person’s person or

2024The motion is based on a recent case arising out of the United State Supreme Court, New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1 (2022).

2024"However, an appellate court 'independently reviews the trial court's legal conclusions based on those facts and determines, without deference to the trial court's decision, whether as a matter of law, the facts satisfy the appropriate legal standard.'" State v. Vunda, 2014-Ohio-3449, ¶ 14 (12th Dist.), quoting Cochran at ¶ 12 . {¶ 18} Appellant argues the trial court erred in relying on the "limited protective search of a motor vehicle exception" recognized in Michigan v. Long, 463 U.S. 1032 , to -7- Clermont CA2024-03-022 deny his motion to suppress.

2023State v. Wilks, 154 Ohio St.3d 359 , 2018-Ohio- 1 During the time he committed the sexual assault against the victim in the underlying action, Munoz was serving a term of community-control sanctions based on a guilty plea to one count of improperly handling firearms in a motor vehicle in violation of R.C. 2923.16(B), a felony of the fourth degree.

2022Reversing a conviction as being against the manifest weight of the evidence and ordering a new trial should be reserved for only the “exceptional case in which the evidence weighs heavily against the conviction.” Id. {¶30} Appellant, in the case sub judice, was convicted of operating a motor vehicle in violation of R.C. 4511.19(A).

2022Cuyahoga Nos. 109867 and 109868, 2021-Ohio-2928 , released on August 26, 2021, is hereby vacated.

2020Physical-Defect Exception to Immunity {¶13} The physical-defect exception to immunity abrogates the general grant of immunity afforded political subdivisions engaged in a governmental activity only if an injury, death, or loss “(1) resulted from employee negligence, (2) occurred within or on the grounds of buildings used in connection with a governmental function, and (3) resulted from a physical defect within or on the grounds of buildings used in connection with a governmental function.” R.K., 2013-Ohio-4939 , 1 N.E.3d 833 , at ¶ 15.