Jump to content

Ohio nitrous oxide law


FasDuc

Recommended Posts

Satan and i were talking about nos on bikes and cars. He told me he thought it was illegal in Ohio(i think he has first hand experience;)) and i stated that i was unaware of the code. I looked it up today and found that the law was enacted in 1997 and is a fourth degree misdemeanor(yes it's arrestable), the link is below. IMO most officers wouldn't give someone a hard time about it unless they were drag racing on a public street or driving recklessly, hell most like me probably aren't aware of the code.

If you guys and gals are ever wondering about a certain code or law you should make yourself better informed and read up on the O.R.C.(ohio revised code). If you get a ticket knowing what you're being cited for can help you understand it and it makes it much easier to fight it if you choose to do so. when ever an officer issues a ticket he/she has to put the code number on the citation. You can enter that number in the ORC search box and review the code you were written. Municipal jurisdictions mirror the state codes for the most part.

I highly suggest everyone does this, you'd be surprised how many times officers write the wrong code. Now, this dosen't mean the prosecutor's office won't have the officer revise the ticket if they catch it but more often than not they won't, if you show up and point it out chances are they'll toss the case especially in franklin county. For those of you in smaller communities you're probably going to have a tougher time of it, they're not as busy and are more apt to take the time to follow through with your prosecution. It's the same reason people notice that officers that work suburbs tend to be a little more "by the book" and know all the obscure traffic laws.

ORC:

http://codes.ohio.gov/orc

Columbus codes:

http://www.ordlink.com/codes/columbus/index.htm

Nitrous law:

http://codes.ohio.gov/orc/2925.33

Link to comment
Share on other sites

  • Replies 54
  • Created
  • Last Reply

Top Posters In This Topic

ahhh since it is referring to drug offences I think they are referring to medical grade. not the kind used in cars which contains sulfur to make it taste bad

yeah im pretty sure that refers to "whip-its" since its under drug offenses and it specifically refers to a "cartridge" of nitrous.

newbox.jpg

Link to comment
Share on other sites

yeah im pretty sure that refers to "whip-its" since its under drug offenses and it specifically refers to a "cartridge" of nitrous.

newbox.jpg

yeah that is what I was thinking too... the point is a cop who has to enforce the law isnt even sure how to interpret the ORC so how the fuck is everybody else...

I am not knocking the police this time, but just pointing out that if they work with the law everyday and dont understand a particular law then how can they cite me for it?

Link to comment
Share on other sites

They are talking about using it for consumption. If it is hooked up to your car, it is sealed.

Nope. The bottle is still empty. That's why companies have made remote bottle openers. Now you just push a button and the bottle opens or closes instead of you having to open the truck and turn the valve.

http://www.nitrousexpress.com/Pages/Opener.htm

Link to comment
Share on other sites

Nope. The bottle is still empty. That's why companies have made remote bottle openers. Now you just push a button and the bottle opens or closes instead of you having to open the truck and turn the valve.

http://www.nitrousexpress.com/Pages/Opener.htm

You are missing the point. The point is that you cannot consume it. It is setup in a way that will not release into the inside of the vehicle. If you have a bottle just sitting there, then yes, it's a problem. But if it's hooked up to the car, there is no way that you can use it as an illegal substance.

Link to comment
Share on other sites

You are missing the point. The point is that you cannot consume it. It is setup in a way that will not release into the inside of the vehicle. If you have a bottle just sitting there, then yes, it's a problem. But if it's hooked up to the car, there is no way that you can use it as an illegal substance.

No, the point is it is illegal in the state of Ohio to have an open container of nitrous oxide in a motor vehicle, regardless of the intent. If the valve is open, the bottle is open. Most states don't have laws specific to nitrous as used to create horsepower, however most states do treat it as a drug offense.

I had this argument with a cop a few years back. He told me my nitrous was illegal. I told him the bottle was closed, thus making it legal. He had to check with other officers, but eventually came back and told me I was right.

2925.33 Possessing nitrous oxide in motor vehicle. (A) As used in this section, “motor vehicle,” “street,” and “highway” have the same meanings as in section 4511.01 of the Revised Code.

(B) Unless authorized under Chapter 3719., 4715., 4729., 4731., 4741., or 4765. of the Revised Code, no person shall possess an open cartridge of nitrous oxide in either of the following circumstances:

(1) While operating or being a passenger in or on a motor vehicle on a street, highway, or other public or private property open to the public for purposes of vehicular traffic or parking;

(2) While being in or on a stationary motor vehicle on a street, highway, or other public or private property open to the public for purposes of vehicular traffic or parking.

© Whoever violates this section is guilty of possessing nitrous oxide in a motor vehicle, a misdemeanor of the fourth degree.

Effective Date: 01-01-1997

Link to comment
Share on other sites

No, the point is it is illegal in the state of Ohio to have an open container of nitrous oxide in a motor vehicle, regardless of the intent. If the valve is open, the bottle is open. Most states don't have laws specific to nitrous as used to create horsepower, however most states do treat it as a drug offense.

I had this argument with a cop a few years back. He told me my nitrous was illegal. I told him the bottle was closed, thus making it legal. He had to check with other officers, but eventually came back and told me I was right.

I know what the law says. You are digging too deep into it. It was written for people using it at a narcotic. Trust me, I know about this kind of stuff. ;)

Link to comment
Share on other sites

I know what the law says. You are digging too deep into it. It was written for people using it at a narcotic. Trust me, I know about this kind of stuff. ;)

1 DRAG RACING ROMV - WILFUL DISREGARD GUILTY AMENDED CHRG

I know about this kind of stuff too. :lol:

Link to comment
Share on other sites

You guys are right, section 2925 of the ORC is the drug section. If people are getting written then this is the code being used. I'm sure it was originally written as an anti whippet/inhalation code but is being used by some creative officers to bust drag racers, some codes are open ended like this one and can fit other situations. Most people don't realize that officers have the kind of freedom that we do, just like we don't have to write a ticket for an obvious violation and can just give a warning, we can also be creative and use the letter of the law if we think the situation warrants it. I personally wouldn't write that unless someone's being a dick.

Link to comment
Share on other sites

my bottle is allways on my bike and i havent had any problems

Like i said, most officers don't care or don't know about the code. Even if they do like me they'll understand that it's a drug code and the "spirit of the law" doesn't apply.

Link to comment
Share on other sites

yeah that is what I was thinking too... the point is a cop who has to enforce the law isnt even sure how to interpret the ORC so how the fuck is everybody else...

I am not knocking the police this time, but just pointing out that if they work with the law everyday and dont understand a particular law then how can they cite me for it?

"the point is a cop who has to enforce the law isn't even sure how to interpret the ORC so how the fuck is everybody else..."

That gives you guys a taste of how hard and how much of a PITA the job can be. Remember we don't make the laws we just have to interpret them, many times we have to look in the code books for one that fits the situation. There are literally thousands of laws and many as obscure as the Nos law, most officers only use a dozen or so codes on a regular basis and never know or forget about the rest.

"I am not knocking the police this time"

LOL, There's a first time for everything!

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


×
×
  • Create New...