§ 2109.01. Failure to comply with order or signal of police officer.  


Latest version.
  • (A)

    No person shall fail to comply with any lawful order or direction of any police officer invested with authority to direct, control, or regulate traffic.

    (B)

    No person shall operate a motor vehicle so as willfully to elude or flee a police officer after receiving a visible or audible signal from a police officer to bring the person's motor vehicle to a stop.

    (C)

    Whoever violates this section is guilty of failure to comply with an order or signal of a police officer, a misdemeanor of the first degree.

    If the offender previously has been found guilty of an offense under division (B) of this section, division (B) of former section 4511.02 of the Ohio Revised Code, or division (B) of Section 2921.331 of the Ohio Revised Code, or a substantially similar municipal ordinance, then the court shall impose at least thirty (30) mandatory days imprisonment for violation of this section.

    (D)

    This section shall not apply if:

    (1)

    In committing the offense, the offender was fleeing immediately after the commission of a felony;

    (2)

    The operation of the motor vehicle by the offender was a proximate cause of serious physical harm to persons or property;

    (3)

    The operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property, as set forth in Section 2921.331 of the Ohio Revised Code.

    (E)

    (1)

    In addition to any other sanction imposed for a violation of division (A) of this section, the court shall impose a class six suspension from the range specified in division (A)(6) of Section 4510.02 of the Ohio Revised Code.

    (2)

    In addition to any other sanction imposed for a violation of division (B) of this section, the court shall impose a class two suspension from the range specified in division (A)(2) of Section 4510.02 of the Ohio Revised Code. If the offender previously has been found guilty of an offense under this section, former Section 4511.02 of the Ohio Revised Code, or Section 2921.331 of the Ohio Revised Code, or a substantially similar municipal ordinance, the court shall impose a class one suspension as described in division (A)(1) of Section 4510.02 of the Ohio Revised Code. The court shall not grant limited driving privileges to the offender. No judge shall suspend the first three years of suspension under a class two suspension of an offender's license, permit, or privilege required by this division on any portion of the suspension under a class one suspension of an offender's license, permit, or privilege required by this division.

    (F)

    As used in this section:

    (1)

    "Moving violation" has the same meaning as in section 2743.70 of the Ohio Revised Code.

    (2)

    "Police officer" has the same meaning as in Section 2101.25.

(Ord. 53-90: Ord. 2120-03 § 1 (part).)