At the end of 2024, the Ohio General Assembly passed House Bill 56. The Act created the new offenses of Stunt Driving and Street Takeover and amended the offense of Street Racing. The new legislation also increased the penalties for fleeing from law enforcement and expanded the types of vehicles which can be used to commit the offenses of Vehicular Homicide and Vehicular Assault.
Street Racing/Stunt Driving/Street Takeover
Street Racing continues to be prohibited by Ohio Revised Code section 4511.251. ‘Street racing’ is defined as “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”.
House Bill 56 created the new offense of Stunt Driving. Ohio Revised Code section 4511.251 prohibits knowingly participating in ‘stunt driving’, which is defined as “performing or engaging in burnouts, doughnuts, drifting, or wheelies, or allowing a passenger to ride either partially or fully outside of the vehicle while operating that vehicle”.
The Act also created the new offense of Street Takeover. Ohio Revised Code section 4511.251 defines ‘street takeover’ as “blocking or impeding the regular flow of vehicle or pedestrian traffic on a public road, street, or highway or on private property that is open to the general public for the purpose of street racing or stunt driving”.
Stunt Driving, Street Takeover, and Street Racing are prohibited on public roads and on private property which is open to the general public, unless the owner permits competitive operation of vehicles on that property. A person who renders assistance in any manner to these offenses can be charged with the offenses.
A violation of any of these laws is categorized as a first-degree misdemeanor. The penalties include a jail term of up to 180 days, a fine of up to $1,000, community control (aka ‘probation’) for up to five years, and a mandatory driver’s license suspension for 30 days to three years.
Fleeing Law Enforcement
The Act increased the level of the offense, and the penalties for fleeing from law enforcement. Ohio Revised Code section 2921.331 states, “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.”
Previously, a violation of this law was a first-degree misdemeanor. Now, violating this law is a fourth-degree felony. The penalties include a prison term of up to 18 months, a fine of up to $5,000, community control (aka ‘probation’) for up to five years, and a driver’s license suspension for three years to life. Under certain circumstances, the offense level and may be enhanced.
Vehicular Homicide and Vehicular Assault
House Bill 56 expanded the types of vehicles which can be used to commit the offenses of Vehicular Homicide and Vehicular Assault. In 2024, the Ohio Supreme Court ruled that a utility vehicle was not a ‘motor vehicle’, so a person operating a utility vehicle could not be found guilty of Aggravated Vehicular Assault. The amended Ohio Revised Code sections 2903.06 and 2903.08 now add ‘utility vehicle’ and ‘mini truck’ to the list of vehicles which can be used to commit Vehicular Homicide and Vehicular Assault.
About the Author: Shawn Dominy is a leading OVI lawyer in Ohio and the founder of the Dominy Law Firm in Columbus, Ohio. He can be reached through his law firm’s website: Dominy Law Firm.
