You Can Be Arrested For Driving During a Level 3 Snow Emergency

The past two weekends have brought us plenty of snow and plenty of snow emergencies with some counties reaching Level 3. And every time the media starts reporting snow emergencies they dutifully recap the various levels and, when discussing Level 3 Snow Emergencies, always inform us that it is illegal to be on the roads during a Level 3 and drivers could be arrested. But is it true - could you really be arrested for driving home from work during a Level 3 snow emergency? Yes, you could.

Ohio Revised Code 311.07 and 311.08 give the county sheriff broad powers and duties, including the authority to declare a snow emergency and temporarily close roads. Ohio Attorney General Opinion 86-023 confirmed this authority for county and township roads. The question was later posed to the Attorney General whether the authority to close roads extended to state and municipal roads. Ohio Attorney General Opinion 97-015 concluded the authority to temporarily close roads extends to all roads within the county. Relying on Opinion 86-023, it was noted that "the sheriff is the chief law enforcement officer in the county, with jurisdiction coextensive with the county, including all municipalities and townships" and that "there is no reasonable basis for distinguishing between the different types of roads and streets that are located within the county." Plainly stated - the sheriff can close the roads in the county to preserve the peace and safety.

So, if you are driving during a Level 3 Snow Emergency - the roads are closed - what can you be charged with and will you be arrested? Most likely you will charged with "Misconduct at an Emergency" in violation of Ohio Revised Code 2917.13 (or a similar local ordinance). Revised Code 2917.13(A)(3) prohibits a person from knowing failing to obey a lawful order of a law enforcement officer at an emergency. "Misconduct at an Emergency" is a M4, which carries a potential maximum of 30 days in jail, unless the misconduct "creates a risk of physical harm to persons or property" and then a violation is a M1 with a potential maximum of 180 days in jail. With the potential of jail upon conviction, it is an arrestable offense.

In practice, officers have discretion and usually understand snow emergencies sometimes occur quickly, people are delayed in getting home, or may be deemed "essential" employees required to work even during emergencies. If you're driving during a Level 3 Snow Emergency and you're stopped by an officer, politely let him/her know why you are out driving. If you are running for a pizza or beer, you will likely get a ticket (or maybe arrested - but likely just a ticket to appear in court later) but if you have a good reason, you may get a warning.

No matter your reason for driving during a Level 3 Snow Emergency, if you are cited (or arrested) for "Misconduct at an Emergency" or any other charges for being on the roads, you need to protect your rights and consult counsel. Politely take your ticket, get home as quickly and safely as possible, and give us a call. 

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The Nicodemus Law Office, LPA
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