In Kettering v. Greene, 9 Ohio St.2d 26, 222 N.E.2d 638 (1966), the Ohio Supreme Court reversed the court of appeals in a per curiam opinion by reinstating the defendant's conviction on a violation of the city ordinance for failing to stop at a stop sign.Summary of this case from State v. Baker
Decided December 28, 1966.
Criminal law — Motor vehicles — Violation of traffic regulation — Failing to heed stop sign — Brake failure — Statutory requirement as to brake equipment specific and mandatory — Section 4513.20, Revised Code.
APPEAL from the Court of Appeals for Montgomery County.
Defendant, a motor bus driver employed by a transit company, failed to stop for a stop sign at a street intersection while operating a transit bus of his employer and was cited for violation of a city ordinance providing that "the operator of a vehicle * * * shall stop in obedience to a stop sign * * * and shall yield the right of way to all other vehicles * * * not so obliged to stop."
Defendant was tried and found guilty as charged.
The Court of Appeals, finding that defendant had no prior warning of any defect in the brakes, that he was not responsible for their condition or maintenance, and that he established a legal excuse for failure to stop, reversed the judgment of the trial court and remanded the cause for a new trial.
The allowance of a motion to certify the record brings the cause to this court for review.
Mr. John J. Adams, city prosecutor, for appellant.
Mr. Douglas K. Ferguson, for appellee.
Defendant contends that he had no intent to commit the offense, that he did not voluntarily do the act charged, and that failure of the foot brakes was the cause of his failure to stop.
Defendant did not drive the same bus everyday but took whichever bus was assigned to him. The bus he was driving on the day in question appeared to have good brakes which worked properly until he applied them in an attempt to stop where the violation occurred.
The statutory requirement as to stopping in obedience to a stop sign is specific and mandatory. Brake failure is not a legal excuse for failure to comply.
The judgment of the Court of Appeals is reversed on authority of State v. Kotapish, 171 Ohio St. 349. See, also, Spalding v. Waxler, 2 Ohio St.2d 1; Kehrer v. McKittrick, 176 Ohio St. 192; and Stump v. Phillians, 2 Ohio St.2d 209.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT and SCHNEIDER, JJ., concur.
BROWN, J., concurs in judgment only.