State v. Cichon

The issue certified to us for review requires that we determine the requisite degree of culpability to sustain a conviction under Ohio Adm. Code 5537-2-04 (D).

Although this explicit question is one of first impression, this court has construed the phrase “without due regard” as used in R. C. 4511.20 and 4511.201,2 statutes embodying essentially the same offense as the one set forth in Ohio Adm. Code 5537-2-04(D).3 The decisions construing these statutes hold that R. C. 4511.20 and 4511.201 seek to punish drivers for their failure to exercise reasonable prudence in the operation of vehicles in…