COLUMBUS, Ohio — Ohio drivers and passengers would be required to give police their name, address and date of birth during traffic stops has been signed into law by Ohio Governor Mike DeWine, closing a gap that courts said left officers unable to charge motorists who refuse to identify themselves.
House Bill 492 passed the Ohio Senate on June 10 after clearing the House in November. Refusing to provide the information would be a fourth-degree misdemeanor, punishable by up to 30 days in jail and a $250 fine.
Under current law, Ohioans must identify themselves only when an officer reasonably suspects they have committed a criminal offense. Ohio appeals courts have repeatedly held that refusing to give a name during a routine traffic stop does not amount to obstructing official business, the charge officers typically used. In a 2013 case, Toledo v. Dandridge, the Sixth District Court of Appeals ruled a driver’s refusal to provide a name or license was not obstruction because it was not an “affirmative act.”
The new law extends the identification requirement to anyone suspected of violating the state’s motor vehicle laws — offenses such as speeding, running a red light or failing to signal — and applies it to passengers as well as drivers. It covers operators of motor vehicles, motorcycles, watercraft, aircraft, snowmobiles and other vehicles.
Officers still need reasonable suspicion of a violation before demanding identification, and the law states that no one is required to answer questions beyond their name, address and date of birth. It also allows a person to refuse to reveal their age or date of birth if age is an element of the suspected offense.
“Not cooperating shouldn’t be treated like a minor inconvenience,” said Rep. Sharon Ray, R-Wadsworth, who sponsored the measure with Rep. Cindy Abrams, R-Harrison.
Abrams, a former Cincinnati police officer, told lawmakers she once had a man refuse to identify himself during a stop, only to learn after fingerprinting him that he was wanted for murder in Akron.
The sponsors said the law responds to a wave of drivers emboldened by online “know your rights” videos. The Fraternal Order of Police of Ohio backed the measure.
“These people, along with sovereign citizens, will turn on their cameras and escalate a rather mundane event by arguing with officers and challenging them until force is the only option left,” FOP of Ohio lobbyist Mike Weinman said.
The Office of the Ohio Public Defender opposed the law. Zach Miller, a legislative officer for the agency, said the measure criminalizes nonviolent conduct.
“The escalation of these penalties for minor, non-violent conduct at traffic stops is coercive and disproportionate to the conduct,” Miller said in testimony.
The law also expands Ohio’s prohibition against interfering with an arrest to cover all motor vehicle-related laws and raises that penalty from a minor misdemeanor to a second-degree misdemeanor.
DeWine signed the bill on Tuesday. It goes into law in 90 days.
