BMW Garage BMW Meets Register Search Today's Posts Mark Forums Read
BIMMERPOST Universal Forums General Automotive (non-BMW) Talk + Photos/Videos Let's talk laws... Anyone know if that stupid Ohio law passed?

Post Reply
 
Thread Tools Search this Thread
      08-10-2016, 04:54 PM   #1
wtfbrah
First Lieutenant
90
Rep
336
Posts

Drives: None
Join Date: Aug 2016
Location: None

iTrader: (0)

Let's talk laws... Anyone know if that stupid Ohio law passed?

I remember a while back there was a law in the ohio senate that basically made "any display of acceleration outside of the normal operation of a car" to be street racing, and your vehicle would be taken and sold.

I was called the Monica Durban law. Now, all articles I can see about it seem to just say it was "proposed" and none saying it "passed", but I did see some random person on a forum somewhere say it was passed but less restrictive than earlier.

Now let me make this clear. I am 100% AGAINST any sort of street racing whatsoever, and you deserve to have your car taken from you if you participate in that. But I am sure that in driving an M235i or M240i, I would at times accelerate a good deal faster than a "normal" car, say as I am entering the highway ramp, or turning onto a new street.

All I can find on the ohio books is:

Quote:
(A) As used in this section and section 4510.036 of the Revised Code, "street racing" means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to out-distance each other or the operation of one or more vehicles over a common selected course, from the same point to the same point, wherein timing is made of the participating vehicles involving competitive accelerations or speeds. Persons rendering assistance in any manner to such competitive use of vehicles shall be equally charged as the participants. The operation of two or more vehicles side by side either at speeds in excess of prima-facie lawful speeds established by divisions (B)(1)(a) to (B)(8) of section 4511.21 of the Revised Code or rapidly accelerating from a common starting point to a speed in excess of such prima-facie lawful speeds shall be prima-facie evidence of street racing.
So to me, it seems like the only way you can get dinged for speed racing in Ohio is if they can show that you were racing for a time and other people were timing you. Now obviously I don't plan on doing that either, and if I wanted to, I'd just track my car.


Now there are those of you who may think I am being overly cautious here or being a worry-wart. You may be correct, but as this will be a 50k car and my first car worth over 4 grand, I'm a little nervous. It has me wanting to get a dull color and avoid a nice exhaust just to avoid any unwanted attention.

Are there any fellow lawyers or ohioans who can chime in here?
Appreciate 0
      08-11-2016, 06:06 AM   #2
WreckerX5d
Warrant Officer
WreckerX5d's Avatar
United_States
341
Rep
1,341
Posts

Drives: Deezul
Join Date: Oct 2010
Location: Long Island, NY

iTrader: (4)

Take your clock out of your car and said time can never be measured, thus nullifying the law.
__________________
Deleted, ATM I/C and tuned by B.R.R.
Appreciate 0
      08-11-2016, 09:26 AM   #3
JamesNoBrakes
Colonel
1083
Rep
2,026
Posts

Drives: 428i xdrive GC
Join Date: May 2015
Location: Alaska

iTrader: (0)

These are things that with any decent lawyer, it would be impossible to prove. Now, if you really were street racing and caught red handed, well maybe not, but just for accelerating or having a bit of fun? No way, the law is written way to permissively to be enforceable.
__________________
Dinan Shockware, Dinan F3x Swaybars, ACS Springs
Appreciate 0
      08-11-2016, 12:29 PM   #4
Efthreeoh
Lieutenant General
United_States
6972
Rep
14,162
Posts

Drives: E90 & Z4 Coupe
Join Date: May 2012
Location: MARLAND

iTrader: (0)

The government cannot confiscate your car if it was purchased legally. The government can't take your personal property.
Appreciate 0
      08-11-2016, 12:55 PM   #5
wtfbrah
First Lieutenant
90
Rep
336
Posts

Drives: None
Join Date: Aug 2016
Location: None

iTrader: (0)

Quote:
Originally Posted by Efthreeoh View Post
The government cannot confiscate your car if it was purchased legally. The government can't take your personal property.
Idk what world you are possibly living in, but the government (and even local police) can confiscate belongings and even cash under simply "suspicion" that it was used in a crime. Look up DEA seizings of people's cash accounts. Sometimes you fight for years for your money back.


Quote:
These are things that with any decent lawyer, it would be impossible to prove. Now, if you really were street racing and caught red handed, well maybe not, but just for accelerating or having a bit of fun? No way, the law is written way to permissively to be enforceable.
I agree. And I will NEVER street race - and I also plan to have myself well protected, with a dash cam. I have nothing to hide. I guess my fears of some random power-tripping cop seizing my car because I went WOT on the highway ramp are possibly overblown. I guess any good lawyer could get that thrown out.

But alas, I am someone who worries and stresses quite a bit. And while I'm sure it's exceedingly rare, I still don't want to be that guy who has to go through it.
Appreciate 0
      08-11-2016, 02:02 PM   #6
pz619
Colonel
2336
Rep
2,674
Posts

Drives: F87 M2C
Join Date: Oct 2013
Location: San Diego

iTrader: (1)

Quote:
Originally Posted by Efthreeoh View Post
The government cannot confiscate your car if it was purchased legally. The government can't take your personal property.
Civic Forfeiture. Way more common than it should be. There was an interest John Oliver piece on it on youtube somewhere.
Appreciate 0
      08-12-2016, 05:43 AM   #7
Efthreeoh
Lieutenant General
United_States
6972
Rep
14,162
Posts

Drives: E90 & Z4 Coupe
Join Date: May 2012
Location: MARLAND

iTrader: (0)

Quote:
Originally Posted by wtfbrah View Post
Idk what world you are possibly living in, but the government (and even local police) can confiscate belongings and even cash under simply "suspicion" that it was used in a crime. Look up DEA seizings of people's cash accounts. Sometimes you fight for years for your money back.
You said the law would allow the police to take your car and sell it if they found you accelerating above normal. That would make excessive acceleration a felony crime. When you are convicted of a felony you lose some of your rights afforded under the Constitution. If you've purchased a car legally and not used it in a felony crime, the government can't take it from you and sell it.
__________________
A manual transmission can be set to "comfort", "sport", and "track" modes simply by the technique and speed at which you shift it; it doesn't need "modes", modes are for manumatics that try to behave like a real 3-pedal manual transmission. If you can money-shift it, it's a manual transmission.
Appreciate 0
      08-12-2016, 06:43 AM   #8
Meeni
Gateropode
Meeni's Avatar
298
Rep
2,816
Posts

Drives: BMW 330i 06
Join Date: Apr 2012
Location: TN

iTrader: (0)

Quote:
Originally Posted by Efthreeoh View Post
The government cannot confiscate your car if it was purchased legally. The government can't take your personal property.
Civil forteiture.
Appreciate 0
      08-16-2016, 07:49 PM   #9
ShocknAwe
1Addict
ShocknAwe's Avatar
United_States
2462
Rep
7,154
Posts

Drives: E82 N54 Mutt
Join Date: Jul 2012
Location: Charleston

iTrader: (22)

Think civil forfeiture is primarily used in automobiles to seize cars used in suspected trafficking/prostitution.

Criminal forfeiture would be for felony level vehicle violations, like felony speeding (e.g. 2x limit, excess 100mph), and street racing w/ combination of reckless endangerment, high speed, etc.

Been a long time since I looked at that stuff, but that's how I remember it. Anyone feel free to correct!

Also, every state has it's own required levels of suspicion/doubt and activity severity for forfeiture to be a valid legal course of action prior to trial.
__________________
2010 135i M-Sport 6MT Jet Black
N54 | BUILD THREAD | GARAGE SALE
Appreciate 0
      08-16-2016, 08:57 PM   #10
NickyC
Major General
NickyC's Avatar
6295
Rep
6,457
Posts

Drives: YMB M4, has a roof though. :(
Join Date: Nov 2010
Location: Now in Miami! :D

iTrader: (17)

Right, so me and another souped up car are next to one another at a light, revving playfully a bit back and forth. Light goes green, and we accelerate a little quicker than normal but are in no way "racing" and never go over the speed limit. Some cop sees this, decides we were racing, and our cars get taken away? LoL at "Excessive acceleration" being a felony. I got nabbed for that once here locally (in a scenario much the same as above except another car wasn't involved, and I never broke the speed limit), and the ticket didn't even count as points and was only like $55. They now want this to be seen as a instrument to take my vehicle away? They want to give po-dunk municipalities the ability to do this on a whim? Are these people INSANE?

Anybody who thinks the government has the right to take your vehicle and sell it for something as ridiculous as this, please move the hell away from my country.
Appreciate 0
      08-16-2016, 09:25 PM   #11
kprocivic
Lieutenant Colonel
kprocivic's Avatar
779
Rep
1,575
Posts

Drives: ecoboost s to the t
Join Date: Apr 2014
Location: 92346

iTrader: (7)

Quote:
Originally Posted by NickyC View Post
Right, so me and another souped up car are next to one another at a light, revving playfully a bit back and forth. Light goes green, and we accelerate a little quicker than normal but are in no way "racing" and never go over the speed limit. Some cop sees this, decides we were racing, and our cars get taken away? LoL at "Excessive acceleration" being a felony. I got nabbed for that once here locally (in a scenario much the same as above except another car wasn't involved, and I never broke the speed limit), and the ticket didn't even count as points and was only like $55. They now want this to be seen as a instrument to take my vehicle away? They want to give po-dunk municipalities the ability to do this on a whim? Are these people INSANE?

Anybody who thinks the government has the right to take your vehicle and sell it for something as ridiculous as this, please move the hell away from my country.
i've been in that situation. 30 day impound. 1200 fine.
__________________
2.0l ecosmackkaa
Appreciate 0
      08-16-2016, 10:03 PM   #12
insanecoder
Brigadier General
1380
Rep
3,209
Posts

Drives: 340isDrive
Join Date: May 2016
Location: East Coast USA

iTrader: (0)

Quote:
Originally Posted by NickyC View Post
Right, so me and another souped up car are next to one another at a light, revving playfully a bit back and forth. Light goes green, and we accelerate a little quicker than normal but are in no way "racing" and never go over the speed limit. Some cop sees this, decides we were racing, and our cars get taken away? LoL at "Excessive acceleration" being a felony. I got nabbed for that once here locally (in a scenario much the same as above except another car wasn't involved, and I never broke the speed limit), and the ticket didn't even count as points and was only like $55. They now want this to be seen as a instrument to take my vehicle away? They want to give po-dunk municipalities the ability to do this on a whim? Are these people INSANE?

Anybody who thinks the government has the right to take your vehicle and sell it for something as ridiculous as this, please move the hell away from my country.
Yea those people can move the heck away but yer still stuck with these laws living here..
Firstly do you know how many laws there are in this country of "freedom"?
Shelf-fuls! You couldnt possibly know all the laws yer breaking that they pass on this or that. And yes there are laws which allow the government to confiscate first then ask questions later and somehow sometimes you never get the items back. Dont even think about carrying large sums of cash (~5k) thru airports.. confiscated as suspicious.
Its beyond pathetic.. that acceleration law is no less pathetic.
This is partly why we need to clean house in the government.. state and federal.
Vote every single one of the bums out in one fell swoop.
Appreciate 1
NickyC6295.00

      08-17-2016, 12:31 AM   #13
roastbeef
Lieutenant General
roastbeef's Avatar
United_States
6805
Rep
10,430
Posts

Drives: E92 M3
Join Date: Nov 2010
Location: Orange County, CA

iTrader: (2)

just reading that verbage, its obviously targeting organized road rallies.
__________________
Instagram; @roastbeefmike
Appreciate 0
Post Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 08:46 AM.




bmw
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2020, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST