Ohio Rev. Code » Chapter 4510
Ohio Revised Code

Ohio Rev. Code § 4510.04 (2026)

Affirmative defenses to driving under suspension or cancellation

✓ current as of May 2026
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Effective:
April 4, 2023
Latest Legislation:
Senate Bill 288 - 134th General Assembly
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It is an affirmative defense to any prosecution brought under section 4510.037, 4510.11, 4510.111, 4510.14, 4510.16, or 4510.21 of the Revised Code or under any substantially equivalent municipal ordinance that the alleged offender drove under suspension, without a valid permit or driver's or commercial driver's license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.

Last updated March 8, 2023 at 12:15 PM

Notes of Decisions
Cited in 3 cases, 2010–2019 · leading case: State v. Lett, 2010 Ohio 4188 (Ohio Ct. App. 2010).
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State v. Lett, 2010 Ohio 4188 (Ohio Ct. App. 2010). · cites it 2× “{¶35} Further, appellant contends that his counsel should have raised emergency as a defense under R.C. 4510.04. R.C. 4510.04 provides that it is an affirmative defense to prosecution under Revised Codes “section 4510.”
State v. Leffler, 2019 Ohio 3964 (Ohio Ct. App. 2019). “19(A)(2), driving with a suspended license in violation of R.C. 4510.04, failure to wear a seat belt in violation of R.”
State v. Nachman, 2014 Ohio 5480 (Ohio Ct. App. 2014). “” R.C. 4510.04. In raising this defense, “the accused has the burden of proving by a preponderance of the evidence that: (1) there was a ‘substantial emergency,’ and (2) the urgency of the circumstances made it necessary for him to drive at the time and place in question because…”
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