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(d) Notwithstanding Ft of law to the eentmfy, no law enfer-eement offieer- shall eause <br />an operator- of an atAemebile being oper-a4ed on any stfeet eF highway to stop the autemebile <br />the sole purpose of deteFmiaiag whether- a viela4ion of subsee4ion (b) hefeef has been or- is bei <br />eonffnit4ed of for the sole purpose of issuing a tieket, eita4ien or- stffnmons for- a vielation of that <br />na4ur-e or- eausing the affest of or- P. a pr-oseeution of a per -son for- a violation of that <br />ated on any street of highway for- the sole purpose of detefmining Whether- a violation <br />fl-;#Mfe has been or- is being eommiaed. <br />(d) Any law enforcement officer with reasonable suspicion may cause an operator of an <br />automobile being operated on any street or highway two stop the automobile for the sole purpose of <br />determining whether a violation of division (b) of this section has been or is being committed or <br />for the sole purpose of issuing a ticket, citation, or summons for the violation or for causing the <br />arrest of or commencing a prosecution of a person for the violation. AU law enforcement officer <br />may view the interior or visually inspect any automobile being operated on any street or highway <br />for the sole purpose of determining whether the violation has been or is being committed. <br />(e) All fines collected for violations of subsection (b) hereof shall be forwarded to the Treasurer <br />of State for deposit as provided in Ohio R.C. 4513.263. <br />(f) <br />(1) Subject to subsection (f)(2) of this section, the failure of a person to wear all of the <br />available elements of a properly adjusted occupant restraining device in violation of subsection <br />(b)(1) or (3) or the failure of a person to ensure that each minor who is a passenger of an automobile <br />being operated by that person is wearing all of the available elements of a properly adjusted <br />occupant restraining device, in violation of subsection (b)(2) of this section, shall not be <br />considered or used by the trier of fact in a tort action as evidence of negligence or contributory <br />negligence. But the trier of fact may determine based on evidence admitted consistent with the <br />Ohio rules of evidence that the failure contributed to the harm alleged in the tort action and may <br />diminish a recovery of compensatory damages that represents noneconomic loss, as defined in <br />Ohio R.C. 2307.011 in a tort action that could have been recovered but for the plaintiff's failure to <br />wear all of the available elements of a properly adjusted occupant restraining device. Evidence of <br />that failure shall not be used as a basis for a criminal prosecution of the person other than a <br />prosecution for a violation of this section; and shall not be admissible as evidence in a criminal <br />action involving the person other than a prosecution for a violation of this section. <br />(2) If, at the time of an accident involving a passenger car equipped with occupant <br />restraining devices, any occupant of the passenger car who sustained injury or death was not <br />wearing an available occupant restraining device, was not wearing all of the available elements of <br />such a device, or was not wearing such a device as properly adjusted, then, consistent with the <br />Rules of Evidence, the fact that the occupant was not wearing the available occupant restraining <br />device, was not wearing all of the available elements of such a device, or was not wearing such a <br />device as properly adjusted is admissible in evidence in relation to any claim for relief in a tort <br />action to the extent that the claim for relief satisfies all of the following: <br />A. It seeks to recover damages for injury or death to the occupant. <br />