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  #1  
Old 08-30-2007, 10:44 AM
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ovi/traffic law in ohio


What is the name of your state? OHIO

I am doing research on traffic laws and such in Ohio

this is from [url]http://codes.ohio.gov/orc/4511.01[/url]

last section
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(III) “Predicate motor vehicle or traffic offense” means any of the following:

(1) A violation of section 4511.03, 4511.051, 4511.12, 4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452, 4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511, 4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70, 4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73, 4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;

(2) A violation of division (A)(2) of section 4511.17, divisions (A) to (D) of section 4511.51, or division (A) of section 4511.74 of the Revised Code;

(3) A violation of any provision of sections 4511.01 to 4511.76 of the Revised Code for which no penalty otherwise is provided in the section that contains the provision violated;

(4) A violation of a municipal ordinance that is substantially similar to any section or provision set forth or described in division (III)(1), (2), or (3) of this section.
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what interests me the most is the violation 4511.19 (OVI) [url]http://codes.ohio.gov/orc/4511.19[/url] in connection with section 3 above. I guess question is does violation 4511.19 fall under rules of 4511.01. I am having a hard time understanding (yeah yeah w/e) what section 3 means exactly.
  #2  
Old 08-30-2007, 11:03 AM
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It is telling you which violations are predicate offenses.
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  #3  
Old 08-30-2007, 11:09 AM
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Quote:
Originally Posted by moburkes View Post
It is telling you which violations are predicate offenses.

so does that mean that the ovi falls under the traffic section ?
  #4  
Old 08-30-2007, 11:11 AM
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What are you trying to find out? I don't have time for 1 question at a time.
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Old 08-30-2007, 01:16 PM
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Originally Posted by moburkes View Post
What are you trying to find out? I don't have time for 1 question at a time.
I am trying to find out using the above posted information if in ohio. OVI is considered a traffic offense or a criminal offense as listed above. In ohio court there are criminal cases CR and Traffic Cases TR. OVI's show up under TR, yet from what I have been hearing background check companies report OVI's under a persons criminal background. A background check performed by a private company shows a OVI under a criminal record. YET if a person goes to the court where that company got the information from and does a background check done on themselves, criminal record comes perfectly clean. I hope this make sense************** basically private background check companies reaport OVI's under a criminal history, yet a state run (in the courthouse in person) shows a clean criminal background eventhough they may be fully aware that a person was charged with a OVI.
  #6  
Old 08-30-2007, 02:07 PM
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An OWI offense in Ohio is both a criminal offense and a a BMV offense.
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  #7  
Old 08-30-2007, 02:14 PM
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Originally Posted by moburkes View Post
An OWI offense in Ohio is both a criminal offense and a a BMV offense.
i have hard that as well, although i am not able to find anything that points to that issue specifically. why does a state agency ran criminal background check not show it, while a private one does.

Perhaps a dwi is considered criminal and traffic because it can have a criminal outcome, but then again why would a non dwi conviction (resulting from a dwi case) still show up when a conviction was strictly s traffic offense.
  #8  
Old 08-30-2007, 11:06 PM
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BigMistakeFl


Private background checking is an emerging industry, which is largely unregulated..... no rules.
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