442 N.E.2d 470 | Ohio Ct. App. | 1981
Lead Opinion
This is an appeal from a judgment rendered in the Rocky River Municipal Court. Christopher J. Gallagher, defendant-appellant, appeals his conviction of "hit-and-run," a violation of Section
This appeal arises from a collision which occurred on August 5, 1980, when a bicycle ridden by twelve-year-old Robert Cleary struck the passenger side of a 1979 Chevy Chevette driven by the twenty-year-old defendant in the intersection of Clague and Lorain Roads. It is undisputed that defendant had proceeded in accordance with a left-turn signal, that Robert Cleary had failed to obey Section 373.15 *415
of the Codified Ordinances of the City of North Olmsted,1
that Robert Cleary was thrown from his bicycle onto the hood of defendant's vehicle, and that defendant neither exited his vehicle nor identified himself to Robert Cleary. After the collision, one of two witnesses followed defendant and secured his license plate number; both witnesses then accompanied Robert Cleary to the North Olmsted Police Department, where all three made written statements. Defendant made a written statement to police on August 8, 1980. On September 3, 1980, police issued him a traffic citation for violation of Section
The matter was tried on November 19, 1980. On the same day, the court found defendant guilty, fined him $250, sentenced him to six days' imprisonment, suspended his driver's license for three years, and permitted him to drive after thirty days, provided that he complied with the Financial Responsibility Law (R.C. Chapter 4509).
In his timely appeal to this court, defendant-appellant assigns three errors:
"1) The Trial Court erred in finding the Defendant-Appellant guilty of violating a `Leaving the Scene of an Accident' Ordinance, since the Defendant-Appellant was the innocent party involved in the incident.
"2) The Trial Court erred in finding the Defendant-Appellant guilty of violating a `Leaving the Scene of an Accident' Ordinance, since the accident or collision was not `due to the driving or operation' of a motor vehicle by the Defendant-Appellant.
"3) The Trial Court erred when it found the Defendant-Appellant guilty of a violation of Section
These assignments of error are without merit.
Section
"In the case of accident to or collision with persons or property upon any of the public streets or highways, due to the driving or operation thereon of any motor vehicle, the person so driving or operating such motor vehicle, having knowledge of such accident or collision, shall immediately stop his motor vehicle at the scene of the accident or collision and shall remain at the scene of such accident or collision until he has given his name and address and, if he is not the owner, the name and address of the owner of such motor vehicle, together with the registered number of such motor vehicle, to any person injured in such accident or collision or to the operator, occupant, owner or attendant of any motor vehicle damaged in such accident or collision, or to any police officer at the scene of such accident or collision."
Section
In the first assignment of error, defendant asserts that Section
In the third assignment of error, defendant asserts that Section
The judgment of the Rocky River Municipal Court is affirmed.
Judgment affirmed.
DAY, P.J., and CELEBREZZE, J., concur.
"It shall be legal to ride a bicycle upon a sidewalk, street or public way, or upon any path set aside for the exclusive use of bicycles, subject to the following:
"* * *
"(g) No person shall ride a bicycle across or through an intersection when crossing a through street. Such intersections are to be crossed by walking the bicycle across or through the intersection."
Concurrence Opinion
I concur in the judgment but would hold the defendant to a stricter accountability than the majority does.
In my view the relevant ordinance requires a stop and delivery of the specified information after a collision whether or not the driver of a participating vehicle was aware that personal injury was a probable consequence of the collision. *418