 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Columbus v. Brown11/17/2005
ence to the trial court. It is axiomatic that, in a direct appeal, this court's review is limited to evidence presented at trial, and we cannot consider matters outside the record before us. State v. Ishmail (1978), 54 Ohio St.2d 402, paragraph one of the syllabus. Thus, because the statistics presented in appellant's appellate brief and the documents attached thereto were not before the trial court for consideration, this court cannot consider them. The significance of this evidentiary preclusion is great, given both of appellant's arguments on appeal are entirely and solely dependent upon this improperly submitted statistical evidence. As we cannot consider this evidence, appellant's contentions are without support, and he cannot demonstrate any error by the trial court.
{ } Notwithstanding, even considering appellant's general arguments without any supporting evidence, we find them unsustainable and without merit. The underlying crux of appellant's arguments is that, because the number of fatalities and accidents caused by alcohol-impaired bicycle riders is small compared to those caused by impaired motor vehicle drivers, impaired bicycle riders should not be included under the OVI code or be subject to the same penalties as impaired motor vehicle drivers. However, appellant's focus upon the statistical differences in the rates of incidence is misplaced. Rather, the focus should be upon the harm against which C.C.C. 2133.01(A)(1) and 2101.51 were designed to protect. The statutes were enacted to protect the general public from death and injury. The potential harm caused by driving a motor vehicle impaired is the same potential harm caused by riding a bicycle impaired, regardless of the frequency at which such harm may result from each activity. An impaired bicycle rider weaving down a public street creates just as clear of a hazard to the traveling public as a motor vehicle operated by an intoxicated driver. Although the impact an intoxicated bicycle rider may have upon another object may be lesser than that of an intoxicated driver in a motor vehicle, the intoxicated bicycle rider nonetheless creates a serious potential risk of death and injury to himself, pedestrians, and other cyclists, as well as other motorists who are forced into evasive action when confronted with the intoxicated bicyclist.
{ } When viewed from the perspective of this identical potential harm, it is clear that including bicycles under the OVI statute bears a substantial relationship to the safety of the public. That accidents involving impaired bicycle riders may occur at a lesser rate than those involving automobiles does not detract from this substantial relation to the end goal of protecting public safety. This goal of preventing danger to the community and the traveling public is clearly a legitimate goal of legislation. See United States v. Salerno (1987), 481 U.S. 739, 747, 107 S.Ct. 2095. In addition, because the degree of potential harm caused by both impaired bicycle riders and impaired motor vehicle drivers is identical, it is rational that the degree of punishment for the acts be equivalent, as well.
{ } Although appellant seeks to diminish such by his citation to various statistics, this potential for injury and death to both the impaired rider and other users of public streets clearly is real, and case law reveals examples of the dangers posed by impaired bicycle riders. See State v. Gangale (Apr. 3, 2002), Tuscarawas App. No. 2001AP060056 (upon approaching an intoxicated bicycle rider, a police officer observed the rider suddenly apply the brakes on his bicycle and catapult head first over the handlebars); State v. Loudon (July 1, 1996), Stark App. No. 1995CA00315 (a westbound, highly intoxicated
Page 1 2 3 4 Ohio DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|