State v. Brewer

Frederick N. Young, Judge.

The state of Ohio appeals from an order of the trial court dismissing its complaint against Captain Dana Brewer of the Beavercreek Fire Department, who had been charged with failure to obey the order of a traffic officer in violation of R.C. 2921.331(A). The court determined that the minimum mens rea necessary to commit the offense is “recklessness,” since R.C. 2921.331(A) expresses no mens rea element. It was the state’s position that R.C. 2921.331(A) defines a strict liability offense, for which reason they declined to include “recklessness” as an element of the…