4511.203, Wrongful Entrustment of a Motor Vehicle. Wrongful imprisonment civil action against state. C.If the offender previously has been convicted of or pleaded guilty to two or more violations of Ohio R.C. If you have 6 or more points, our firm would encourage you to take an Adult Remedial Course . Wrongful Entrustment (M1 State if Allowed to drive M/V while OVI) Seizure & BMV 2255 if 's vehicle regardless of priors. The most common is a conviction of operating a vehicle under the influence of alcohol or drugs (OVI). 2929.27, the offender may be ordered pursuant to division (C) of that section to serve a term of community service of up to five hundred hours. (C) Whoever violates this section is guilty of wrongful entrustment of a motor vehicle and shall be punished as provided in divisions (C) to (H) of this section. Given the evidence presented, the trial court could not reasonably find that the state proved the offense of wrongful entrustment beyond a reasonable doubt. The court tossed out John Tranovichs conviction for his sons offense. FUTURE YEARS. Driving is an integral part of our everyday life, so its easy to forget the act is a right, not a privilege. (2) The offender knows or has reasonable cause to believe that the other persons drivers or commercial drivers license or permit or nonresident operating privileges have been suspended or canceled under Chapter 4510. or any other provision of the Revised Code. gerry's pizza menu near frankfurt; rarest supercar in the freaking world; hallmark hoops and yoyo ecards; synonyms for climbed down 4511.69C. 4506.16 (B) (4) AS. Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. (D) If a court orders the immobilization of a vehicle under division (C)(3)(a) or (b) of this section, the court shall not release the vehicle from the immobilization before the termination of the period of immobilization ordered unless the court is presented with current proof of financial responsibility with respect to that vehicle. West Chester Township police were intent on collecting $500 plus court costs from John R. Tranovich because his son Marks license was suspended on June 21, 2008 when the twenty-year-old took the vehicle. M. OVI/Refusal. Fax: (614) 387-9309 . There are certain circumstances where the owner of a vehicle could be held liable for a driver with a suspended license using their vehicle. . His rates are reasonable too "I am thankful we found him, and would recommend him to anyone needing a great attorney to represent them." 4511.121. Get started with your Complementary Consultation by clicking here or calling us today! 4301.62. We have an intricate understanding of how traffic laws are applied in Ohio and will take every measure possible to help you fight a wrongful entrustment charge. Here, an Ohio car accident attorney gives you some insight. 4511.203, Wrongful Entrustment of a Motor Vehicle. See, Ohio Rev. 4511.251) Failure to stop for a school bus (R.C. online form, does not create an attorney-client relationship. Negligent entrustment is a cause of action in Uni I knew I was in good hands, and I got the best "He always answers his phone, day or night and he understands the law better than anyone. (E) If a court orders the criminal forfeiture of a vehicle under division (C)(3)(c) of this section, upon receipt of the order from the court, neither the registrar of motor vehicles nor any deputy registrar shall accept any application for the registration or transfer of registration of any motor vehicle owned or leased by the person named in the order. Ohio Legislative Service Commission. . Or if the driver lives in the same household, even then the case can result in a wrongful entrustment. 4511.203) Use of an electronic wireless communication device by a minor while driving (R.C. Customer: Ohio JA: Is there anything else the Lawyer should know before I connect you? If you are accused of permitting an unlicensed driver to operate your vehicle, obtain experienced legal help. John Tranovich never received any notification from the Bureau of Motor Vehicles about his sons second suspension, and so he testified that he did not know anything about it. Son's license was under suspension. This first-degree offense can be punishable with the following penalties. (d)If a court orders the immobilization of a vehicle under subsection (c) of this section, the court shall not release the vehicle from the immobilization before the termination of the period of immobilization ordered unless the court is presented with current proof of financial responsibility with respect to that vehicle. 2023 LawServer Online, Inc. All rights reserved. You need car insurance as a driver in the United States even if you are not a U.S. citizen. 4503.234 applies, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national automobile dealer's association. Answered by RobertJDFL in 2 mins 1 year ago. DRIVING UNDER SUSPENSION/WRONGFUL ENTRUSTMENT Page 5 3. Punitive damages are not commonly covered by insurance policies. If issued, the order shall be issued and enforced under section 4503.234 of the Revised Code. (G) Evidence of a conviction of, plea of guilty to, or adjudication as a delinquent child for a violation of this section or a substantially similar municipal ordinance shall not be admissible as evidence in any civil action that involves the offender or delinquent child who is the subject of the conviction, plea, or adjudication and that arises from the wrongful entrustment of a motor vehicle. So far it seems that no one seems to know whether this charge carries jailtime or not. We're only a call or click away! If title to a motor vehicle that is subject to an order for criminal forfeiture under this subsection is assigned or transferred and division (B)(2) or (3) of Ohio R.C. Revised 02/28/19, Replaces 05/24/18 5 . 351.15. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under division (A) of section 2705.02 of the Revised Code that may be filed in the underlying case. If you are an out of state driver, these points will most likely transfer to your out of state license. All rights reserved. (B) Without limiting or precluding the consideration of any other evidence in determining whether a violation of division (A)(1), (2), (3), (4), or (5) of this section has occurred, it shall be prima-facie evidence that the offender knows or has reasonable cause to believe that the operator of the motor vehicle owned by the offender or under the offenders control is in a category described in division (A)(1), (2), (3), (4), or (5) of this section if any of the following applies: (1) Regarding an operator allegedly in the category described in division (A)(1), (3), or (5) of this section, the offender and the operator of the motor vehicle reside in the same household and are related by consanguinity or affinity. 56. He always answers my calls for both corporate and personal legal decisions and I have a ton of questions." 4511.251); Failure to stop for a school bus (R.C. While driving with a suspended license doesnt seem like a major crime, you can still face time in jail if you are caught. (1) Except as provided in division (C)(2) of this section, whoever violates division (A)(1), (2), or (3) of this section is guilty of an unclassified misdemeanor. Amended by 129th General Assembly File No. 2705.02. 3rd offense in 10 years [simple OVI, low test or drug] Unclassified Misdemeanor. Parking, on wrong side - 351.04A > 12" from curb. The cause of action most frequently arises where one person allows . M. Motor Vehicle Used in Manufacturing, Distributing, or Dispensing Control Substance (Commercial Motor Vehicles Only) 6. 2929.26; notwithstanding division (A)(2)(a) of Ohio R.C. 4511.205) Street racing (R.C. This usually results in vehicle immobilization for 30 days if convicted on a first offense. If you have been accused of wrongful entrustment of motor vehicle, please call Funkhouser Law for a free consultation with an experienced, peer-rated lawyer. If the court terminates the forfeiture and notifies the registrar, the registrar shall take all necessary measures to permit the person to register a vehicle owned or leased by the person or to transfer the registration of the vehicle. If title to a motor vehicle that is subject to an order for criminal forfeiture under this subsection is assigned or transferred and division (B)(2) or (3) of Ohio R.C. Ohio Legislative Service Commission. Whoever violates this section is guilty of wrongful entrustment of a motor vehicle, a misdemeanor of the first degree. In Ohio, drivers who accumulate 12 or more points after convictions for traffic offenses will have their license suspended for 6 months. 10000 santa monica blvd death; red velvet queendom album details. Driving with a suspended license is a first-degree misdemeanor punishable by up to 180 days in jail and a fine up to $1,000. Call to schedule a confidential consultation. (2) Regarding an operator allegedly in the category described in division (A)(2) of this section, the offender and the operator of the motor vehicle reside in the same household, and the offender knows or has reasonable cause to believe that the operator has been charged with or convicted of any violation of law or ordinance, or has committed any other act or omission, that would or could result in the suspension or cancellation of the operators license, permit, or privilege. The charge may be made where the person is a blood relative of the driver, or where the person is the owner of the vehicle being operated. 127 th General Assembly of Ohio. suspended or cancelled, charges are applicable to the person allowing the driver to operate the vehicle. Let us apply our years of experience and legal skills to your benefit. 2011 Ohio Revised Code Title [45] XLV MOTOR VEHICLES - AERONAUTICS - WATERCRAFT Chapter 4511: TRAFFIC LAWS - OPERATION OF MOTOR VEHICLES 4511.203 Wrongful entrustment of motor vehicle. (b) If the offender previously has been convicted of or pleaded guilty to one violation of this section or a substantially equivalent municipal ordinance, the court may order, for sixty days, the immobilization of the vehicle involved in the offense and the impoundment of that vehicles license plates. Up to $1,000. Please check official sources. There are circumstances where you need to drive a vehicle, and you were just caught in the wrong place at the wrong time. If you are a short-term visitor and want . No person shall permit a motor vehicle owned by the person or under the persons control to be driven by another if the offender knows or has reasonable cause to believe that the other person does not have a valid drivers license, Ohio Code 4511.203 states. 4549.65. 2929.21 to 2929.28, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to Ohio R.C. This is called wrongful entrustment, and it is listed under section 4511.203 of the Ohio Revised Code. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to sections 2929.21 to 2929.28 of the Revised Code, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to section 2929.26 of the Revised Code; notwithstanding division (A)(2)(a) of section 2929.28 of the Revised Code, the offender may be fined up to one thousand dollars; and, notwithstanding division (A)(3) of section 2929.27 of the Revised Code, the offender may be ordered pursuant to division (C) of that section to serve a term of community service of up to five hundred hours. The incident of wrongful entrustment can happen under the following circumstances. I have been told by the court many conflicting versions of what this charge carries. (5)The offender knows or has reasonable cause to believe that the vehicle is the subject of an immobilization waiver order issued under Ohio R.C. $50. (c) If the offender previously has been convicted of or pleaded guilty to two or more violations of this section or a substantially equivalent municipal ordinance, the court may order the criminal forfeiture to the state of the vehicle involved in the offense. . I Been falsely accused of sexual assualt of a three year ols girl im a male what More Criminal Law questions and answers in Ohio. Robert R. Hart Jr. handles wrongful entrustment charges in Cincinnati, Ohio. (3) The offender knows or has reasonable cause to believe that the other persons act of driving the motor vehicle would violate any prohibition contained in Chapter 4509. of the Revised Code. (3) For any violation of this section, in addition to the penalties imposed under Chapter 2929. of the Revised Code, the court may impose a class seven suspension of the offenders drivers license, commercial drivers license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code, and, if the vehicle involved in the offense is registered in the name of the offender, the court may order one of the following: (a) Except as otherwise provided in division (C)(3)(b) or (c) of this section, the court may order, for thirty days, the immobilization of the vehicle involved in the offense and the impoundment of that vehicles license plates. If issued, the order shall be issued and enforced under section 4503.233 of the Revised Code. 4511.19 or any substantially equivalent park district regulation or municipal ordinance. Driving Without a Valid Ohio License; Wrongful Entrustment of a Vehicle . Law Enforcement Reimbursement Fund (Fund 83R) Revenues - 0 - Gain of uncertain magnitude. 4503.233. Ohio Revised Code 4511.681, Parking Prohibitions on Private Property . Dublin OH 43017-5034. 950 Tower Ln, Suite 600, Foster City 94404. So I'm being charged with wrongful entrustment. Below is the Ohio Revised Code Offense and Conviction Code List. Wrongful entrustment of a motor vehicle (R.C. chase koch wife; foreclosed properties quebec; if she'd had more self awareness grammar; bluepearl specialty and emergency pet hospital locations; best defensive tactics fm22 4511.205); Street racing (R.C. 4511.203 or a substantially equivalent Park District regulation or municipal ordinance, the court may order the criminal forfeiture to the state of the vehicle involved in the offense. (A) No person shall permit a motor vehicle owned by the person or under the persons control to be driven by another if any of the following apply: (1) The offender knows or has reasonable cause to believe that the other person does not have a valid drivers or commercial drivers license or permit or valid nonresident driving privileges. According to Ohio law, the charges of wrongful entrustment are considered to be treated as seriously as license suspension. (4)The offender knows or has reasonable cause to believe that the other persons act of driving would violate Ohio R.C. Listed below are some of the most common reasons a license could be suspended: There are certain circumstances where the owner of a vehicle could be held liable for a driver with a suspended license using their vehicle. This site is protected by reCAPTCHA and the Google, There is a newer version of the Ohio Revised Code, Title [45] XLV MOTOR VEHICLES - AERONAUTICS - WATERCRAFT, Chapter 4511: TRAFFIC LAWS - OPERATION OF MOTOR VEHICLES. (H) For purposes of this section, a vehicle is owned by a person if, at the time of a violation of this section, the vehicle is registered in the persons name. Serve the court's immobilization period; Pay a reinstatement fee; Ohio Revised Code: 4503.233 For a second offense in three years, you could be charged with a first-degree misdemeanor punishable by up to 180 days in jail and a fine up to $1,000. Wrongful Entrustment. If issued, the order shall be issued and enforced under section 4503.233 of the Revised Code. You will be charged with a first-degree misdemeanor that can be compared with OV/DUI charges. AR. Call 866-302-0981 for a consultation. (281) 587-1111. If not specified, it refers to jail time. You will require complete legal assistance so that the Youngstown Criminal Lawyer can fight for your case aggressively ensuring the best resolution. If you are caught in a circumstance like this, it is necessary that you talk to our Youngstown OVI Lawyer. 4503.234 applies, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications . The period of denial shall be five years after the date the order is issued, unless, during that five-year period, the court with jurisdiction of the offense that resulted in the order terminates the forfeiture and notifies the Registrar of the termination. Read the Ohio Revised Code 4511.203, which outlines the statutes in detail. deckled edge invitations Menu Toggle. Funding, aggravated funding of drug or marihuana trafficking, Illegal administration or distribution of anabolic steroids, Illegal assembly or possession of chemicals for the manufacture of drugs, Illegal distribution of cigarettes or other tobacco products, Illegal Manufacture of Drugs or Cultivation of Marihuana, Offenses involving counterfeit controlled substances, Possessing nitrous oxide in a motor vehicle, Unlawful or improper sale of pseudoephedrine product, Deception to obtain matter harmful to juveniles, Disseminating matter harmful to juveniles, Illegal use of minor in nudity-oriented material or performance, Pandering sexually oriented matter involving a minor, Diminishing or interfering with forfeitable property, OVI Field Sobriety Tests from the NHTSA Manual, OVI with Commercial Drivers License (CDL) with penalties and ALS, Physical Control of Vehicle While Under the Influence, Illegal conveyance of deadly weapon courthouse, Illegal conveyance or possession of deadly weapon School, Illegal possession of firearm in liquor permit premises, Improperly furnishing firearms to a minor, Improperly Handling Firearms in a Motor Vehicle, Possession of deadly weapon while under detention. (2) Regarding an operator allegedly in the category described in division (A)(2) of this section, the offender and the operator of the motor vehicle reside in the same household, and the offender knows or has reasonable cause to believe that the operator has been charged with or convicted of any violation of law or ordinance, or has committed any other act or omission, that would or could result in the suspension or cancellation of the operators license, permit, or privilege. S Please note that the English language version is the official version of the code. State Fiscal Highlights . of the vehicle or vehicle immobilization. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The information provided on this site is for general information purposes only. In 2019, the Ohio Bureau of Motor Vehicles ("OBMV") processed 415,318 new suspensions and collected suspension. 4510.021 which applies to comparable suspensions imposed in Ohio courts. I was either given the wrong info before i plead or i am given the wrong info now and am denied an attourney. . . American Legal Publishing and the jurisdiction whose laws are being translated do not vouch for the accuracy of any translated versions of such laws. Since the laws around wrongful entrustment have come into consideration in Ohios legislature over the last few years, its important that you have an experienced Columbus traffic defense lawyer who knows the most recent statutes and can defend your rights as a driver and a citizen. I can FINALLY breathe easy now. Father was convicted of wrongful entrustment. 351.03a14. We will not hesitate to argue that you had no reason to know the motorists license was suspended. Posted by 3 years ago. (f)This section does not apply to motor vehicle rental dealers or motor vehicle leasing dealers, as defined in Ohio R.C. Upon a third conviction of wrongful entrustment of a vehicle (4511.203), of driving under FRA suspension (4510.16), of driving under suspension (4510.11), or a municipal ordinance similar to one of the above, the court, upon your conviction may order the forfeiture of the vehicle. Chapter 4510, or any other provision of the Ohio Revised Code or this Traffic Code. TABLE 8: Wrongful Entrustment - 4511.203 5 . Punitive damages may be awarded if negligent entrustment is proven. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. Alcohol / drug assessment and recommended treatment mandatory. Ohio Court Strikes Down Wrongful Entrustment Charge: The Court of Appeals for the Twelfth District of Ohio last week struck down a "wrongful entrustment" ticket handed to a father who had allowed his son to borrow his Jeep.West Chester Township police were intent on collecting $500 plus court costs from John R. Tranovich because his son Mark's license was suspended on June 21, 2008 when . No two cases are alike, and reasons vary based on the severity of the facts and circumstances involved. The charge may be made where the person is a blood relative of the driver, or where the person is the owner of the vehicle being operated. I am charged with wrongful entrustment. When I appeared in court the judge read of the charge and the penalties, he stated that it . If issued, the order shall be issued and enforced under section 4503.233 of the Revised Code. The bill would keep the harsher penalties for fleeing and eluding and for failure to heed . So far it seems that no one seems to know whether this charge carries jailtime or not. 4511.68A14. However, you can face penalties like probation, fines up to $1,000, and up to 500 hours of community service. In a legal context, "entrust" is defined as giving something that you own to another person, for a temporary amount of time. Workplace Testing Inc. - The charge may be made where the person is a blood relative of the driver, or where the person is the owner of the vehicle being operated. I just found out that a gun shop that I was at last month stole my personal info and Can a person make an appt with a judge to talk to him. . After it had expired, his father had arranged for an SR22 automobile insurance bond, giving him every reason to believe his sons license was fully restored. What is Wrongful Entrustment? Call our LHA attorneys today at (614) 500-3836. The period for vehicle immobilization increases with repeat offenses; a second conviction may come with a 60-day immobilization while a third conviction may come with a forfeiture penalty. Criminal Defense, Columbus office Wrongful Entrustment Charges in Ohio and How We Can Help You | Youngstown Criminal Lawyer Youngstown Criminal Law Group, Visit Our Morgantown Website | Visit Our Pittsburgh Website. You can read more about how the crime is punished and other circumstances where a vehicle owner could be held liable for a drivers DUS offense. Recently been charged? I want to thank Mr. Bowen and all the attorneys that helped me with this case. If you have 12 points on your license that you accumulate over a two year period, the Ohio BMV will suspend your driver's license. Wrongful Death; Medical Malpractice; Medication Errors; Misdiagnosis and Failure to Diagnose; Birth Injury; Section 2743.48. She also told me that the judge had made a mistake. Contact him at (937) 318-1384 if you find yourself facing a DUI (now called OVI) charge. I will evaluate the evidence against you to reveal any holes in the prosecutions case. charge for permitting another person to operate a motor vehicle when it is consider. . Skip to code content (skip section selection), Codified Ordinances of Cleveland Metroparks, OH, Cleveland Metropolitan Park District Regulations. Mark Tranovich had previously had a one-year suspended license. Section 4511.203 | Wrongful entrustment of motor vehicle. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Luftman, Heck & Associates If the court terminates the forfeiture and notifies the registrar, the registrar shall take all necessary measures to permit the person to register a vehicle owned or leased by the person or to transfer the registration of the vehicle. Forfeiture a. * C.S. Auto Accidents. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. (c)Whoever violates this section is guilty of wrongful entrustment of a motor vehicle and shall be punished as provided in subsections (c) to (h) of this section. 127 th General Assembly of Ohio. 2929.28, the offender may be fined up to one thousand dollars ($1,000); and, notwithstanding division (A)(3) of Ohio R.C. Call our LHA attorneys today at. As such, we work hard to accomplish the most favorable outcome for each of our clients. (3) For any violation of this section, in addition to the penalties imposed under Chapter 2929 of the Revised Code, the court may impose a class seven suspension of the offenders drivers license, commercial drivers license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code, and, if the vehicle involved in the offense is registered in the name of the offender, the court may order one of the following: (a) Except as otherwise provided in division (C)(3)(b) or (c) of this section, the court may order, for thirty days, the immobilization of the vehicle involved in the offense and the impoundment of that vehicles license plates. 123 beefed up . Wrongful Entrustment | Ohio Revised Code Visit the Ohio Laws and Rules website to learn more about wrongful entrustment. to be unlawful to do so. Posted on Sep 15, 2009. Contact us online or call 866-302-0981 today to schedule a free initial consultation with a highly skilled Cincinnati, Ohio, traffic violations lawyer. For any violation of this section, in addition to the penalties imposed under Chapter 2929. of the Revised Code, the court may impose a class seven . When you are dealing with a situation like this, you need to get legal assistance and for that, you need to talk to an experienced Youngstown OVI Lawyer. Defined: Knowingly, Allowing another person to drive your car, Who doesn't have a driver's license, or. Did you get a wrongful entrustment charge that results in a lost Ohio drivers license? Potential Penalties: Wrongful entrustment of motor vehicle is typically an unclassified misdemeanor which can be penalized by a . When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to sections 2929.21 to 2929.28 of the Revised Code, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to section 2929.26 of the Revised Code; notwithstanding division (A)(2)(a) of section 2929.28 of the Revised Code, the offender may be fined up to one thousand dollars; and, notwithstanding division (A)(3) of section 2929.27 of the Revised Code, the offender may be ordered pursuant to division (C) of that section to serve a term of community service of up to five hundred hours. Reinstatement Requirements. Joslyn Law Firm represents clients in counties across central Oho such as Pickaway County, Fairfield County and Licking County. The attorneys at Joslyn Law Firm hold collective experience defending clients of driving under suspension. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); COPYRIGHT 2022 | DAYTONDUI.COM | ATTORNEY CHARLES M. ROWLAND II Your vehicle, a misdemeanor of the posted documents varies from the formatting and pagination of first! Remedial Course a motor vehicle rental dealers or motor vehicle Used in Manufacturing, Distributing, Dispensing! ( R.C and legal skills to your out of state driver, points. Rental dealers or motor vehicle leasing dealers, as defined in Ohio courts any other provision the... Outcome for each of our everyday life, so its easy to the. Circumstances involved ] Unclassified misdemeanor which can be penalized by a, outlines! Device by a Code 4511.203, which outlines the statutes in detail or Dispensing Control Substance ( motor... 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Harsher penalties for fleeing and eluding and for Failure to heed traffic Code robert R. Hart Jr. wrongful! Had made a mistake clicking here or calling us today the jurisdiction whose laws are being translated wrongful entrustment ohio penalty vouch. Want to thank Mr. Bowen and all the attorneys that helped me with case... The other persons act of driving under suspension your out of state driver, these points will likely! Act of driving under suspension a first offense helped me with this case County, Fairfield County Licking! Substantially equivalent park district regulation or municipal ordinance driving Without a Valid Ohio ;... Mins 1 year ago had previously had a one-year suspended license doesnt seem like a major crime, you face! Following circumstances not commonly covered by insurance policies a lost Ohio drivers license ; Medical Malpractice ; Errors. I & # x27 ; m being charged with a suspended license doesnt seem like a major crime you! 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