2 beers, on day off, in personal car = fired

I'm... skeptical. Does a county have the legal authority to legislate those kinds traffic laws (as opposed to just bylaws)? I'm having a hard time believing that would withstand a challenge in court.

 

The question I always have with these situations is why was he pulled over? Unless there is an obvious problem with the vehicle or the way it is being driven why would they have stopped him in the first place?

 

Why not? Cities and counties make more stringent (than state or Federal laws) rules and regulations all the time. They just can't relax a state or Federal standard.

 

If I am not mistaken, certain aspects of the "Highway Traffic Act" (which may be called something else in Ohio) cannot be amended or exceeded by local (municipal, county, etc.) governments. They do not have the authority to enact any such changes or amendments. They can set speed limits, weight restrictions, parking bylaws, etc., on local roads, but they cannot exceed any such limits that may be set on federal or state roads (unless granted a specific exemption by the appropriate higher-level government authority) even though those roads may pass through their jurisdiction (although they may enforce the existing laws on such federal or state roads). Another similar example would be that they cannot exceed whatever the federal safety requirements of a motor vehicle are... they cannot say we want a third stoplight on trucks/tractors if there is no such federal requirement.

At least by retaining such laws under the authority of the federal/state governments, there is some semblance of uniformity. By allowing any local government to set their own laws in such matters just creates the potential for massive chaos. So, on that basis, unless someone can prove otherwise, I am going to say no such law exists, or if it does it has not been challenged in the appropriate court.

 

San Antonio, and several other Texas cities have made weekends and periods through some holidays "no refusal" times, where you can't refuse a breath test. Well, you CAN, but you get your blood drawn by immediate court order.

The law was attacked by defense attorneys, and they lost.

 

In Oklahoma cdl holders cannot have a B.A.C. of more than .04 in a cmv or pov.

 

I would be interested in reading the specific legislation to see exactly what they are doing. It sounds like they are not changing the state law, but only removing any discretion or just more rigorously enforcing the existing law (I am aware that such "no refusal" laws are being enacted in many states). That would be similar to the annual CVSA CMV "crackdown." There is a difference between such a "no refusal" law and a quartering of the state limit on BAC. Also, while FeralDave did indicate the alleged .02% limit is not a DUI, by itself I doubt it meets the standard for a charge of "reckless operation" under Ohio's statutes.

 

Right, makes sense - how much you want to bet that .02 wreckless driving charge ends up listed as "wreckless driving involving alcohol" to brand you nice and well?

 

Yes, I would say it is used in conjunction with some other violation. And I do know that people have been successfully prosecuted for DUI with less than the legal limit for BAC (as has been mentioned already). A lot of it depends on just how stupid they were really being.

 

Exactly - driving under the influence can, as has, been associated with driving while tired or sick.... when you should know better, and your actions resulted is someone getting hurt.