404.01 COMPLIANCE WITH LAWFUL ORDER OF POLICE OFFICER; FLEEING.
   (a)   No person shall fail to comply with any lawful order or direction of any police officer invested with authority to direct, control or regulate traffic.
   (b)   No person shall operate a motor vehicle so as to willfully 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.
   (c)   Whoever violates this section is guilty of failure to comply with an order or signal of a police officer. A violation of division (a) of this section is a misdemeanor of the first degree. Except as hereinafter provided, a violation of division (b) of this section is a misdemeanor of the first degree. A violation of division (b) of this section is a felony if the jury or judge as trier of fact finds any one of the following by proof beyond a reasonable doubt:
      (1)   In committing the offense, the offender was fleeing immediately after the commission of a felony;
      (2)   The operation of the motor vehicle by the offender was a proximate cause of serious physical harm to persons or property;
      (3)   The operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property.
   (d)   In addition to any other sanction imposed for a violation of division (a) of this section or a misdemeanor violation of division (b) of this section, the court shall impose a class five suspension from the range specified in R.C. § 4510.02(A)(5). If the offender previously has been found guilty of an offense under this section, in addition to any other sanction imposed for the offense, the court shall impose a class one suspension as described in division (A)(1) of that section. The court may grant limited driving privileges to the offender on a suspension imposed for a misdemeanor violation of this section as set forth in R.C. § 4510.021. No judge shall suspend the first three years of suspension under a class two suspension of an offender's license, permit or privilege required by this division on any portion of the suspension under a class one suspension of an offender's license, permit, or privilege required by this division.
(Ord. 2019-115. Passed 11-12-19.)