As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 60 5
1997-1998 6
SENATOR OELSLAGER 8
10
A B I L L
To amend sections 1905.01, 2919.22, 4501.01, 12
4501.021, 4501.15, 4503.10, 4503.103, 4503.12, 13
4503.19, 4503.27, 4503.301, 4503.31, 4503.311, 14
4503.312, 4503.33, 4503.84, 4505.07, 4505.08,
4506.01, 4506.08, 4506.14, 4507.01, 4507.02, 15
4507.021, 4507.022, 4507.08, 4507.09, 4507.10, 16
4507.13, 4507.14, 4507.16, 4507.162, 4507.163,
4507.169, 4507.50, 4507.52, 4509.06, 4509.31, 17
4511.191, 4511.193, 4511.195, 4511.196, 4511.99, 18
4513.61, and 4513.63, to enact sections 4505.021 19
and 4507.012, and to repeal section 4509.09 of
the Revised Code to make changes in the law 20
governing the operation, registration, and 21
titling of motor vehicles and in the law 22
governing the operation of the Bureau of Motor
Vehicles.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 1905.01, 2919.22, 4501.01, 26
4501.021, 4501.15, 4503.10, 4503.103, 4503.12, 4503.19, 4503.27, 27
4503.301, 4503.31, 4503.311, 4503.312, 4503.33, 4503.84, 4505.07, 28
4505.08, 4506.01, 4506.08, 4506.14, 4507.01, 4507.02, 4507.021, 29
4507.022, 4507.08, 4507.09, 4507.10, 4507.13, 4507.14, 4507.16, 30
4507.162, 4507.163, 4507.169, 4507.50, 4507.52, 4509.06, 4509.31, 31
4511.191, 4511.193, 4511.195, 4511.196, 4511.99, 4513.61, and 32
4513.63 be amended and sections 4505.021 and 4507.012 of the 33
Revised Code be enacted to read as follows: 34
2
Sec. 1905.01. (A) In all municipal corporations not being 43
the site of a municipal court nor a place where a judge of the 44
Auglaize county, Crawford county, Jackson county, Miami county, 45
Portage county, or Wayne county municipal court sits as required 46
pursuant to section 1901.021 of the Revised Code or by 47
designation of the judges pursuant to section 1901.021 of the 48
Revised Code, the mayor of the municipal corporation has 49
jurisdiction, except as provided in divisions (B) and (C) of this 50
section and subject to the limitation contained in section 51
1905.03 and the limitation contained in section 1905.031 of the 52
Revised Code, to hear and determine any prosecution for the 53
violation of an ordinance of the municipal corporation, to hear 54
and determine any case involving a violation of a vehicle parking 55
or standing ordinance of the municipal corporation unless the 56
violation is required to be handled by a parking violations 57
bureau or joint parking violations bureau pursuant to Chapter 58
4521. of the Revised Code, and to hear and determine all criminal 59
causes involving any moving traffic violation occurring on a 60
state highway located within the boundaries of the municipal 61
corporation, subject to the limitations of sections 2937.08 and 62
2938.04 of the Revised Code. 63
(B)(1) In all municipal corporations not being the site of 65
a municipal court nor a place where a judge of a court listed in 66
division (A) of this section sits as required pursuant to section 67
1901.021 of the Revised Code or by designation of the judges 68
pursuant to section 1901.021 of the Revised Code, the mayor of 69
the municipal corporation has jurisdiction, subject to the 70
limitation contained in section 1905.03 of the Revised Code, to 71
hear and determine prosecutions involving a violation of an 72
ordinance of the municipal corporation relating to operating a 73
vehicle while under the influence of alcohol, a drug of abuse, or 74
alcohol and a drug of abuse or relating to operating a vehicle 75
with a prohibited concentration of alcohol in the blood, breath, 76
or urine, and to hear and determine criminal causes involving a 77
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violation of section 4511.19 of the Revised Code that occur on a 78
state highway located within the boundaries of the municipal 79
corporation, subject to the limitations of sections 2937.08 and 80
2938.04 of the Revised Code, only if the person charged with the 81
violation, within five years of the date of the violation 82
charged, has not been convicted of or pleaded guilty to any of 83
the following: 84
(a) A violation of an ordinance of any municipal 86
corporation relating to operating a vehicle while under the 87
influence of alcohol, a drug of abuse, or alcohol and a drug of 88
abuse or relating to operating a vehicle with a prohibited 89
concentration of alcohol in the blood, breath, or urine; 90
(b) A violation of section 4511.19 of the Revised Code; 92
(c) A violation of any ordinance of any municipal 94
corporation or of any section of the Revised Code that regulates 95
the operation of vehicles, streetcars, and trackless trolleys 96
upon the highways or streets, in relation to which all of the 97
following apply: 98
(i) The person, in the case in which the conviction was 100
obtained or the plea of guilty was entered, had been charged with 101
a violation of an ordinance of any municipal corporation relating 102
to operating a vehicle while under the influence of alcohol, a 103
drug of abuse, or alcohol and a drug of abuse or relating to 104
operating a vehicle with a prohibited concentration of alcohol in 105
the blood, breath, or urine, or with a violation of section 106
4511.19 of the Revised Code; 107
(ii) The charge of the violation described in division 109
(B)(1)(c)(i) of this section was dismissed or reduced; 110
(iii) The violation of which the person was convicted or 112
to which the person pleaded guilty arose out of the same facts 114
and circumstances and the same act as did the charge that was
dismissed or reduced. 115
(d) A violation of a statute of THE UNITED STATES OR OF 118
any other state or a municipal ordinance of a municipal 119
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corporation located in any other state that is substantially 120
similar to section 4511.19 of the Revised Code.
(2) The mayor of a municipal corporation does not have 122
jurisdiction to hear and determine any prosecution or criminal 123
cause involving a violation described in division (B)(1)(a) or 124
(b) of this section, regardless of where the violation occurred, 125
if the person charged with the violation, within five years of 126
the violation charged, has been convicted of or pleaded guilty to 127
any violation listed in division (B)(1)(a), (b), (c), or (d) of 129
this section.
If the mayor of a municipal corporation, in hearing a 131
prosecution involving a violation of an ordinance of the 132
municipal corporation the mayor serves relating to operating a 134
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse or relating to operating a vehicle 135
with a prohibited concentration of alcohol in the blood, breath, 136
or urine, or in hearing a criminal cause involving a violation of 137
section 4511.19 of the Revised Code, determines that the person 138
charged, within five years of the violation charged, has been 139
convicted of or pleaded guilty to any violation listed in 140
division (B)(1)(a), (b), (c), or (d) of this section, the mayor 142
immediately shall transfer the case to the county court or 143
municipal court with jurisdiction over the violation charged, in 144
accordance with section 1905.032 of the Revised Code. 145
(C)(1) In all municipal corporations not being the site of 147
a municipal court and not being a place where a judge of a court 148
listed in division (A) of this section sits as required pursuant 149
to section 1901.021 of the Revised Code or by designation of the 150
judges pursuant to section 1901.021 of the Revised Code, the 151
mayor of the municipal corporation, subject to sections 1901.031, 152
2937.08, and 2938.04 of the Revised Code, has jurisdiction to 153
hear and determine prosecutions involving a violation of a 154
municipal ordinance that is substantially equivalent to division 155
(B)(1) or (D)(2) of section 4507.02 of the Revised Code and to 156
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hear and determine criminal causes that involve a moving traffic 157
violation, that involve a violation of division (B)(1) or (D)(2) 158
of section 4507.02 of the Revised Code, and that occur on a state 159
highway located within the boundaries of the municipal 160
corporation only if all of the following apply regarding the 161
violation and the person charged: 162
(a) Regarding a violation of division (B)(1) of section 164
4507.02 of the Revised Code or a violation of a municipal 165
ordinance that is substantially equivalent to that division, the 166
person charged with the violation, within five years of the date 167
of the violation charged, has not been convicted of or pleaded 168
guilty to any of the following: 169
(i) A violation of division (B)(1) of section 4507.02 of 171
the Revised Code; 172
(ii) A violation of a municipal ordinance that is 174
substantially equivalent to division (B)(1) of section 4507.02 of 175
the Revised Code; 176
(iii) A violation of any municipal ordinance or section of 178
the Revised Code that regulates the operation of vehicles, 179
streetcars, and trackless trolleys upon the highways or streets, 180
in a case in which, after a charge against the person of a 181
violation of a type described in division (C)(1)(a)(i) or (ii) of 182
this section was dismissed or reduced, the person is convicted of 183
or pleads guilty to a violation that arose out of the same facts 184
and circumstances and the same act as did the charge that was 185
dismissed or reduced. 186
(b) Regarding a violation of division (D)(2) of section 188
4507.02 of the Revised Code or a violation of a municipal 189
ordinance that is substantially equivalent to that division, the 190
person charged with the violation, within five years of the date 191
of the violation charged, has not been convicted of or pleaded 192
guilty to any of the following: 193
(i) A violation of division (D)(2) of section 4507.02 of 195
the Revised Code; 196
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(ii) A violation of a municipal ordinance that is 198
substantially equivalent to division (D)(2) of section 4507.02 of 199
the Revised Code; 200
(iii) A violation of any municipal ordinance or section of 202
the Revised Code that regulates the operation of vehicles, 203
streetcars, and trackless trolleys upon the highways or streets 204
in a case in which, after a charge against the person of a 205
violation of a type described in division (C)(1)(b)(i) or (ii) of 206
this section was dismissed or reduced, the person is convicted of 207
or pleads guilty to a violation that arose out of the same facts 208
and circumstances and the same act as did the charge that was 209
dismissed or reduced. 210
(2) The mayor of a municipal corporation does not have 212
jurisdiction to hear and determine any prosecution or criminal 213
cause involving a violation described in division (C)(1)(a)(i) or 214
(ii) of this section if the person charged with the violation, 215
within five years of the violation charged, has been convicted of 216
or pleaded guilty to any violation listed in division 217
(C)(1)(a)(i), (ii), or (iii) of this section and does not have 218
jurisdiction to hear and determine any prosecution or criminal 219
cause involving a violation described in division (C)(1)(b)(i) or 220
(ii) of this section if the person charged with the violation, 221
within five years of the violation charged, has been convicted of 222
or pleaded guilty to any violation listed in division 223
(C)(1)(b)(i), (ii), or (iii) of this section. 224
(3) If the mayor of a municipal corporation, in hearing a 226
prosecution involving a violation of an ordinance of the 227
municipal corporation the mayor serves that is substantially 228
equivalent to division (B)(1) or (D)(2) of section 4507.02 of the 230
Revised Code or a violation of division (B)(1) or (D)(2) of 231
section 4507.02 of the Revised Code, determines that, under 232
division (C)(2) of this section, mayors do not have jurisdiction 233
of the prosecution, the mayor immediately shall transfer the case 234
to the county court or municipal court with jurisdiction over the 235
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violation in accordance with section 1905.032 of the Revised 236
Code.
(D) If the mayor of a municipal corporation has 238
jurisdiction pursuant to division (B)(1) of this section to hear 239
and determine a prosecution or criminal cause involving a 240
violation described in division (B)(1)(a) or (b) of this section, 241
the authority of the mayor to hear or determine the prosecution 242
or cause is subject to the limitation contained in division (C) 243
of section 1905.03 of the Revised Code. If the mayor of a 244
municipal corporation has jurisdiction pursuant to division (A) 245
or (C) of this section to hear and determine a prosecution or 246
criminal cause involving a violation other than a violation 247
described in division (B)(1)(a) or (b) of this section, the 248
authority of the mayor to hear or determine the prosecution or 249
cause is subject to the limitation contained in division (D) of 250
section 1905.031 of the Revised Code. 251
(E) In keeping a docket and files, the mayor, and a 253
mayor's court magistrate appointed under section 1905.05 of the 254
Revised Code, shall be governed by the laws pertaining to county 255
courts. 256
Sec. 2919.22. (A) No person, who is the parent, guardian, 267
custodian, person having custody or control, or person in loco 268
parentis of a child under eighteen years of age or a mentally or 269
physically handicapped child under twenty-one years of age, shall 270
create a substantial risk to the health or safety of the child, 271
by violating a duty of care, protection, or support. It is not a 272
violation of a duty of care, protection, or support under this 273
division when the parent, guardian, custodian, or person having 274
custody or control of a child treats the physical or mental 275
illness or defect of the child by spiritual means through prayer 276
alone, in accordance with the tenets of a recognized religious 277
body. 278
(B) No person shall do any of the following to a child 280
under eighteen years of age or a mentally or physically 281
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handicapped child under twenty-one years of age: 282
(1) Abuse the child; 284
(2) Torture or cruelly abuse the child; 286
(3) Administer corporal punishment or other physical 288
disciplinary measure, or physically restrain the child in a cruel 289
manner or for a prolonged period, which punishment, discipline, 290
or restraint is excessive under the circumstances and creates a 291
substantial risk of serious physical harm to the child; 292
(4) Repeatedly administer unwarranted disciplinary 294
measures to the child, when there is a substantial risk that such 295
conduct, if continued, will seriously impair or retard the 296
child's mental health or development; 297
(5) Entice, coerce, permit, encourage, compel, hire, 299
employ, use, or allow the child to act, model, or in any other 300
way participate in, or be photographed for, the production, 301
presentation, dissemination, or advertisement of any material or 302
performance that the offender knows or reasonably should know is 304
obscene, is sexually oriented matter, or is nudity-oriented 305
matter.
(C)(1) No person shall operate a vehicle, streetcar, or 307
trackless trolley within this state and in violation of division 308
(A) of section 4511.19 of the Revised Code when one or more 309
children under eighteen years of age are in the vehicle, 310
streetcar, or trackless trolley. Notwithstanding any other 311
provision of law, a person may be convicted at the same trial or 312
proceeding of a violation of this division and a violation of 313
division (A) of section 4511.19 of the Revised Code that 314
constitutes the basis of the charge of the violation of this 315
division. For purposes of section 4511.191 of the Revised Code 316
and all related provisions of law, a person arrested for a 317
violation of this division shall be considered to be under arrest 318
for operating a vehicle while under the influence of alcohol, a 319
drug of abuse, or alcohol and a drug of abuse or for operating a 320
vehicle with a prohibited concentration of alcohol in the blood, 321
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breath, or urine. 322
(2) As used in division (C)(1) of this section, "vehicle," 324
"streetcar," and "trackless trolley" have the same meanings as in 325
section 4511.01 of the Revised Code. 326
(D)(1) Division (B)(5) of this section does not apply to 328
any material or performance that is produced, presented, or 329
disseminated for a bona fide medical, scientific, educational, 330
religious, governmental, judicial, or other proper purpose, by or 331
to a physician, psychologist, sociologist, scientist, teacher, 332
person pursuing bona fide studies or research, librarian, 333
clergyman, prosecutor, judge, or other person having a proper 334
interest in the material or performance. 335
(2) Mistake of age is not a defense to a charge under 337
division (B)(5) of this section. 338
(3) In a prosecution under division (B)(5) of this 340
section, the trier of fact may infer that an actor, model, or 341
participant in the material or performance involved is a juvenile 342
if the material or performance, through its title, text, visual 343
representation, or otherwise, represents or depicts the actor, 344
model, or participant as a juvenile. 345
(4) As used in this division and division (B)(5) of this 347
section: 348
(a) "Material," "performance," "obscene," and "sexual 350
activity" have the same meanings as in section 2907.01 of the 351
Revised Code. 352
(b) "Nudity-oriented matter" means any material or 354
performance that shows a minor in a state of nudity and that, 355
taken as a whole by the average person applying contemporary 356
community standards, appeals to prurient interest. 357
(c) "Sexually oriented matter" means any material or 359
performance that shows a minor participating or engaging in 360
sexual activity, masturbation, or bestiality. 361
(E)(1) Whoever violates this section is guilty of 363
endangering children. 364
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(2) If the offender violates division (A) or (B)(1) of 366
this section, endangering children is one of the following: 367
(a) Except as otherwise provided in division (E)(2)(b) or 370
(c) of this section, a misdemeanor of the first degree;
(b) If the offender previously has been convicted of an 373
offense under this section or of any offense involving neglect, 374
abandonment, contributing to the delinquency of, or physical 375
abuse of a child, except as otherwise provided in division 376
(E)(2)(c) of this section, a felony of the fourth degree; 377
(c) If the violation results in serious physical harm to 379
the child involved, a felony of the third degree. 380
(3) If the offender violates division (B)(2), (3), or (4) 382
of this section, except as otherwise provided in this division, 383
endangering children is a felony of the third degree. If the 385
violation results in serious physical harm to the child involved, 387
or if the offender previously has been convicted of an offense 388
under this section or of any offense involving neglect, 389
abandonment, contributing to the delinquency of, or physical 390
abuse of a child, endangering children is a felony of the second 391
degree.
(4) If the offender violates division (B)(5) of this 394
section, endangering children is a felony of the second degree. 395
(5) If the offender violates division (C) of this section, 397
the offender shall be punished as follows: 398
(a) Except as otherwise provided in division (E)(5)(b) or 401
(c) of this section, endangering children in violation of
division (C) of this section is a misdemeanor of the first 403
degree.
(b) If the violation results in serious physical harm to 405
the child involved or the offender previously has been convicted 406
of an offense under this section or any offense involving 407
neglect, abandonment, contributing to the delinquency of, or 408
physical abuse of a child, except as otherwise provided in 409
division (E)(5)(c) of this section, endangering children in 411
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violation of division (C) of this section is a felony of the 413
fifth degree.
(c) If the violation results in serious physical harm to 415
the child involved and if the offender previously has been 416
convicted of a violation of division (C) of this section, section 417
2903.06, 2903.07, or 2903.08 of the Revised Code, or section 418
2903.04 of the Revised Code in a case in which the offender was 419
subject to the sanctions described in division (D) of that 420
section, endangering children in violation of division (C) of 421
this section is a felony of the fourth degree. 422
(d) In addition to any term of imprisonment, fine, or 424
other sentence, penalty, or sanction it imposes upon the offender 425
pursuant to division (E)(5)(a), (b), or (c) of this section or 426
pursuant to any other provision of law, the court also may impose 427
upon the offender one or both of the following sanctions: 428
(i) It may require the offender, as part of the offender's 430
sentence and in the manner described in division (F) of this 431
section, to perform not more than two hundred hours of supervised 432
community service work under the authority of any agency, 433
political subdivision, or charitable organization of the type 434
described in division (F)(1) of section 2951.02 of the Revised 436
Code, provided that the court shall not require the offender to 437
perform supervised community service work under this division 438
unless the offender agrees to perform the supervised community 439
service work.
(ii) It may suspend the driver's or commercial driver's 441
license or permit or nonresident operating privilege of the 442
offender for up to ninety days, in addition to any suspension or 443
revocation of the offender's driver's or commercial driver's 444
license or permit or nonresident operating privilege under 445
Chapter 4506., 4507., 4509., or 4511. of the Revised Code or 446
under any other provision of law. 447
(e) In addition to any term of imprisonment, fine, or 449
other sentence, penalty, or sanction imposed upon the offender 450
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pursuant to division (E)(5)(a), (b), (c), or (d) of this section 451
or pursuant to any other provision of law for the violation of 452
division (C) of this section, if as part of the same trial or 453
proceeding the offender also is convicted of or pleads guilty to 454
a separate charge charging the violation of division (A) of 455
section 4511.19 of the Revised Code that was the basis of the 456
charge of the violation of division (C) of this section, the 457
offender also shall be sentenced, in accordance with section 458
4511.99 of the Revised Code, for that violation of division (A) 459
of section 4511.19 of the Revised Code and also shall be subject 460
to all other sanctions that are required or authorized by any 461
provision of law for that violation of division (A) of section 462
4511.19 of the Revised Code. 463
(F)(1)(a) If a court, pursuant to division (E)(5)(d)(i) of 465
this section, requires an offender to perform supervised 466
community service work under the authority of an agency, 467
subdivision, or charitable organization, the requirement shall be 468
part of the community control sanction or sentence of the 469
offender, and the court shall impose the community service in 471
accordance with and subject to divisions (F)(1)(a) and (b) of 472
this section. The court may require an offender whom it requires 473
to perform supervised community service work as part of the 474
offender's community control sanction or sentence to pay the 475
court a reasonable fee to cover the costs of the offender's 477
participation in the work, including, but not limited to, the 479
costs of procuring a policy or policies of liability insurance to 480
cover the period during which the offender will perform the work. 481
If the court requires the offender to perform supervised 482
community service work as part of the offender's community 483
control sanction or sentence, the court shall do so in accordance 484
with the following limitations and criteria: 485
(i) The court shall require that the community service 487
work be performed after completion of the term of imprisonment 488
imposed upon the offender for the violation of division (C) of 489
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this section, if applicable. 490
(ii) The supervised community service work shall be 492
subject to the limitations set forth in divisions (F)(1)(a) to 494
(c) of section 2951.02 of the Revised Code.
(iii) The community service work shall be supervised in 496
the manner described in division (F)(1)(d) of section 2951.02 of 497
the Revised Code by an official or person with the qualifications 498
described in that division. The official or person periodically 499
shall report in writing to the court concerning the conduct of 500
the offender in performing the work.
(iv) The court shall inform the offender in writing that 502
if the offender does not adequately perform, as determined by the 504
court, all of the required community service work, the court may
order that the offender be committed to a jail or workhouse for a 505
period of time that does not exceed the term of imprisonment that 506
the court could have imposed upon the offender for the violation 507
of division (C) of this section, reduced by the total amount of 508
time that the offender actually was imprisoned under the sentence 509
or term that was imposed upon the offender for that violation and 510
by the total amount of time that the offender was confined for 511
any reason arising out of the offense for which the offender was 512
convicted and sentenced as described in sections 2949.08 and 514
2967.191 of the Revised Code, and that, if the court orders that 515
the offender be so committed, the court is authorized, but not 516
required, to grant the offender credit upon the period of the 517
commitment for the community service work that the offender 518
adequately performed.
(b) If a court, pursuant to this division and division 520
(E)(5)(d)(i) of this section, orders an offender to perform 521
community service work as part of the offender's community 522
control sanction or sentence and if the offender does not 524
adequately perform all of the required community service work, as 525
determined by the court, the court may order that the offender be 526
committed to a jail or workhouse for a period of time that does 527
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not exceed the term of imprisonment that the court could have 528
imposed upon the offender for the violation of division (C) of 529
this section, reduced by the total amount of time that the 530
offender actually was imprisoned under the sentence or term that 531
was imposed upon the offender for that violation and by the total 532
amount of time that the offender was confined for any reason 533
arising out of the offense for which the offender was convicted 535
and sentenced as described in sections 2949.08 and 2967.191 of
the Revised Code. The court may order that a person committed 536
pursuant to this division shall receive hour-for-hour credit upon 537
the period of the commitment for the community service work that 538
the offender adequately performed. No commitment pursuant to 540
this division shall exceed the period of the term of imprisonment 541
that the sentencing court could have imposed upon the offender
for the violation of division (C) of this section, reduced by the 542
total amount of time that the offender actually was imprisoned 543
under that sentence or term and by the total amount of time that 544
the offender was confined for any reason arising out of the 545
offense for which the offender was convicted and sentenced as 546
described in sections 2949.08 and 2967.191 of the Revised Code. 547
(2) Divisions (E)(5)(d)(i) and (F)(1) of this section do 549
not limit or affect the authority of the court to suspend the 550
sentence imposed upon a misdemeanor offender and place the 551
offender on probation or otherwise suspend the sentence pursuant 552
to sections 2929.51 and 2951.02 of the Revised Code, to require 553
the misdemeanor offender, as a condition of the offender's 554
probation or of otherwise suspending the offender's sentence, to 555
perform supervised community service work in accordance with 557
division (F) of section 2951.02 of the Revised Code, or to place 559
a felony offender under a community control sanction. 561
(G) If a court suspends an offender's driver's or 563
commercial driver's license or permit or nonresident operating 564
privilege under division (E)(5)(d)(ii) of this section, the 565
period of the suspension shall be consecutive to, and commence 566
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after, the period of suspension or revocation of the offender's 567
driver's or commercial driver's license or permit or nonresident 568
operating privilege that is imposed under Chapter 4506., 4507., 569
4509., or 4511. of the Revised Code or under any other provision 570
of law in relation to the violation of division (C) of this 571
section that is the basis of the suspension under division 572
(E)(5)(d)(ii) of this section or in relation to the violation of 573
division (A) of section 4511.19 of the Revised Code that is the 574
basis for that violation of division (C) of this section. 575
If an offender's license, permit, or privilege has been 577
suspended under division (E)(5)(d)(ii) of this section and the 578
offender, within the preceding seven years, has been convicted of 579
or pleaded guilty to three or more violations of division (C) of 580
this section, division (A) or (B) of section 4511.19 of the 581
Revised Code, a municipal ordinance relating to operating a 582
vehicle while under the influence of alcohol, a drug of abuse, or 583
alcohol and a drug of abuse, a municipal ordinance relating to 584
operating a vehicle with a prohibited concentration of alcohol in 585
the blood, breath, or urine, section 2903.04 of the Revised Code 586
in a case in which the offender was subject to the sanctions 588
described in division (D) of that section, section 2903.06, 589
2903.07, or 2903.08 of the Revised Code or a municipal ordinance
that is substantially similar to section 2903.07 of the Revised 590
Code in a case in which the jury or judge found that the offender 592
was under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse, or a statute of THE UNITED STATES OR OF any 594
other state or a municipal ordinance of a municipal corporation 595
located in any other state that is substantially similar to
division (A) or (B) of section 4511.19 of the Revised Code, the 597
offender is not entitled to request, and the court shall not 598
grant to the offender, occupational driving privileges under this 599
division. Any other offender whose license, permit, or 600
nonresident operating privilege has been suspended under division 601
(E)(5)(d)(ii) of this section may file with the sentencing court 602
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a petition alleging that the suspension would seriously affect 603
the offender's ability to continue employment. Upon satisfactory 604
proof that there is reasonable cause to believe that the 605
suspension would seriously affect the offender's ability to 606
continue employment, the court may grant the offender 607
occupational driving privileges during the period during which 608
the suspension otherwise would be imposed, except that the court 609
shall not grant occupational driving privileges for employment as 610
a driver of commercial motor vehicles to any person who is 611
disqualified from operating a commercial motor vehicle under 612
section 2301.374 or 4506.16 of the Revised Code. 613
(H)(1) If a person violates division (C) of this section 615
and if, at the time of the violation, there were two or more 616
children under eighteen years of age in the motor vehicle 617
involved in the violation, the offender may be convicted of a 618
violation of division (C) of this section for each of the 619
children, but the court may sentence the offender for only one of 620
the violations. 621
(2)(a) If a person is convicted of or pleads guilty to a 623
violation of division (C) of this section but the person is not 624
also convicted of and does not also plead guilty to a separate 625
charge charging the violation of division (A) of section 4511.19 626
of the Revised Code that was the basis of the charge of the 627
violation of division (C) of this section, both of the following 628
apply: 629
(i) For purposes of the provisions of section 4511.99 of 631
the Revised Code that set forth the penalties and sanctions for a 632
violation of division (A) of section 4511.19 of the Revised Code, 633
the conviction of or plea of guilty to the violation of division 634
(C) of this section shall not constitute a violation of division 635
(A) of section 4511.19 of the Revised Code; 636
(ii) For purposes of any provision of law that refers to a 638
conviction of or plea of guilty to a violation of division (A) of 639
section 4511.19 of the Revised Code and that is not described in 640
17
division (H)(2)(a)(i) of this section, the conviction of or plea 641
of guilty to the violation of division (C) of this section shall 642
constitute a conviction of or plea of guilty to a violation of 643
division (A) of section 4511.19 of the Revised Code. 644
(b) If a person is convicted of or pleads guilty to a 646
violation of division (C) of this section and the person also is 647
convicted of or pleads guilty to a separate charge charging the 648
violation of division (A) of section 4511.19 of the Revised Code 649
that was the basis of the charge of the violation of division (C) 650
of this section, the conviction of or plea of guilty to the 651
violation of division (C) of this section shall not constitute, 652
for purposes of any provision of law that refers to a conviction 653
of or plea of guilty to a violation of division (A) of section 654
4511.19 of the Revised Code, a conviction of or plea of guilty to 655
a violation of division (A) of section 4511.19 of the Revised 656
Code. 657
(I) As used in this section, "community control sanction" 660
has the same meaning as in section 2929.01 of the Revised Code. 662
Sec. 4501.01. As used in this chapter and Chapters 4503., 671
4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the 672
Revised Code, and in the penal laws, except as otherwise 673
provided: 674
(A) "Vehicles" means everything on wheels or runners, 676
including motorized bicycles, but does not mean vehicles that are 677
operated exclusively on rails or tracks or from overhead electric 678
trolley wires and vehicles that belong to any police department, 679
municipal fire department, or volunteer fire department, or that 680
are used by such a department in the discharge of its functions. 681
(B) "Motor vehicle" means any vehicle, including 683
manufactured homes and recreational vehicles, that is propelled 684
or drawn by power other than muscular power or power collected 685
from overhead electric trolley wires, except motorized bicycles, 686
road rollers, traction engines, power shovels, power cranes, and 687
other equipment used in construction work and not designed for or 688
18
employed in general highway transportation, well-drilling 689
machinery, ditch-digging machinery, farm machinery, trailers that 690
are used to transport agricultural produce or agricultural 691
production materials between a local place of storage or supply 692
and the farm when drawn or towed on a public road or highway at a 693
speed of twenty-five miles per hour or less, threshing machinery, 694
hay-baling machinery, corn sheller, hammermill and agricultural 695
tractors, machinery used in the production of horticultural, 696
agricultural, and vegetable products, and trailers that are 697
designed and used exclusively to transport a boat between a place 698
of storage and a marina, or in and around a marina, when drawn or 699
towed on a public road or highway for a distance of no more than 700
ten miles and at a speed of twenty-five miles per hour or less. 701
(C) "Agricultural tractor" and "traction engine" mean any 703
self-propelling vehicle that is designed or used for drawing 704
other vehicles or wheeled machinery, but has no provisions for 705
carrying loads independently of such other vehicles, and that is 706
used principally for agricultural purposes. 707
(D) "Commercial tractor," except as defined in division 709
(C) of this section, means any motor vehicle that has motive 710
power and either is designed or used for drawing other motor 711
vehicles, or is designed or used for drawing another motor 713
vehicle while carrying a portion of the other motor vehicle or 714
its load, or both.
(E) "Passenger car" means any motor vehicle that is 716
designed and used for carrying not more than nine persons and 717
includes any motor vehicle that is designed and used for carrying 718
not more than fifteen persons in a ridesharing arrangement. 719
(F) "Collector's vehicle" means any motor vehicle or 721
agricultural tractor or traction engine that is of special 722
interest, that has a fair market value of one hundred dollars or 723
more, whether operable or not, and that is owned, operated, 724
collected, preserved, restored, maintained, or used essentially 725
as a collector's item, leisure pursuit, or investment, but not as 726
19
the owner's principal means of transportation. "Licensed 727
collector's vehicle" means a collector's vehicle, other than an 728
agricultural tractor or traction engine, that displays current, 729
valid license tags issued under section 4503.45 of the Revised 730
Code, or a similar type of motor vehicle that displays current, 731
valid license tags issued under substantially equivalent 732
provisions in the laws of other states. 733
(G) "Historical motor vehicle" means any motor vehicle 735
that is over twenty-five years old and is owned solely as a 736
collector's item and for participation in club activities, 737
exhibitions, tours, parades, and similar uses, but that in no 738
event is used for general transportation. 739
(H) "Noncommercial motor vehicle" means any motor vehicle, 741
including a farm truck as defined in section 4503.04 of the 742
Revised Code, that is designed by the manufacturer to carry a 743
load of no more than one ton and is used exclusively for purposes 744
other than engaging in business for profit. 745
(I) "Motor bus" means any motor vehicle that has motor 747
power and is designed and used for carrying more than nine 748
passengers, except any motor vehicle that is designed and used 749
for carrying not more than fifteen passengers in a ridesharing 750
arrangement.
(J) "Commercial car" means any motor vehicle that has 752
motor power and is designed and used for carrying merchandise or 753
freight, or that is used as a commercial tractor. 754
(K) "Bicycle" means every device, other than a tricycle 756
that is designed solely for use as a play vehicle by a child, 758
that is propelled solely by human power upon which any person may 759
ride, and that has either two tandem wheels, or one wheel in 760
front and two wheels in the rear, any of which is more than 761
fourteen inches in diameter.
(L) "Motorized bicycle" means any vehicle that has either 763
HAS two tandem wheels or one wheel in the front and two wheels in 764
the rear, that is capable of being pedaled, and that is equipped 765
20
with a helper motor of not more than fifty cubic centimeters 766
piston displacement that produces no more than one brake 767
horsepower and is capable of propelling the vehicle at a speed of 768
no greater than twenty miles per hour on a level surface. 769
(M) "Trailer" means any vehicle without motive power that 772
is designed or used for carrying property or persons wholly on
its own structure and for being drawn by a motor vehicle, and 773
includes any such vehicle that is formed by or operated as a 774
combination of a semitrailer and a vehicle of the dolly type such 775
as that commonly known as a trailer dolly, a vehicle used to 776
transport agricultural produce or agricultural production 777
materials between a local place of storage or supply and the farm 778
when drawn or towed on a public road or highway at a speed 779
greater than twenty-five miles per hour, and a vehicle that is 780
designed and used exclusively to transport a boat between a place 781
of storage and a marina, or in and around a marina, when drawn or 782
towed on a public road or highway for a distance of more than ten 783
miles or at a speed of more than twenty-five miles per hour. 784
"Trailer" does not include a manufactured home or travel trailer. 785
(N) "Noncommercial trailer" means any trailer, except a 787
travel trailer or trailer that is used to transport a boat as 788
described in division (B) of this section, but, where applicable, 789
includes a vehicle that is used to transport a boat as described 790
in division (M) of this section, that has a gross weight of no 791
more than three thousand pounds, and that is used exclusively for 792
purposes other than engaging in business for a profit. 793
(O) "Manufactured home" means any nonself-propelled 795
vehicle transportable in one or more sections, which, in the 796
traveling mode, is eight body feet or more in width or forty body 797
feet or more in length or, when erected on site, is three hundred 798
twenty or more square feet, and which is built on a permanent 799
chassis and designed to be used as a dwelling with or without a 800
permanent foundation when connected to the required utilities, 801
and includes the plumbing, heating, air conditioning, and 802
21
electrical systems contained therein. Calculations used to 803
determine the number of square feet in a structure are based on 804
the structure's exterior dimensions measured at the largest 805
horizontal projections when erected on site. These dimensions 806
include all expandable rooms, cabinets, and other projections 807
containing interior space, but do not include bay windows. 808
(P) "Semitrailer" means any vehicle of the trailer type 810
that does not have motive power and is so designed or used with 811
another and separate motor vehicle that in operation a part of 812
its own weight or that of its load, or both, rests upon and is 813
carried by the other vehicle furnishing the motive power for 814
propelling itself and the vehicle referred to in this division, 815
and includes, for the purpose only of registration and taxation 816
under those chapters, any vehicle of the dolly type, such as a 817
trailer dolly, that is designed or used for the conversion of a 818
semitrailer into a trailer. 819
(Q) "Recreational vehicle" means a vehicular portable 821
structure that is designed and constructed to be used as a 822
temporary dwelling for travel, recreational, and vacation uses 823
and is classed as follows: 824
(1) "Travel trailer" means a nonself-propelled 826
recreational vehicle that does not exceed an overall length of 827
thirty-five feet, exclusive of bumper and tongue or coupling, and 828
includes a tent-type fold-out camping trailer as defined in 829
section 4517.01 of the Revised Code. 830
(2) "Motor home" means a self-propelled recreational 832
vehicle that is constructed with permanently installed facilities 833
for cold storage, cooking and consuming of food, and for 834
sleeping.
(3) "Truck camper" means a nonself-propelled recreational 836
vehicle that does not have wheels for road use and is designed to 837
be placed upon and attached to a motor vehicle. "Truck camper" 838
does not include truck covers that consist of walls and a roof, 839
but do not have floors and facilities enabling them to be used as 840
22
a dwelling.
(4) "Fifth wheel trailer" means a vehicle that is of such 842
size and weight as to be movable without a special highway 843
permit, that has a gross trailer area of four hundred square feet 844
or less, that is constructed with a raised forward section that 845
allows a bi-level floor plan, and that is designed to be towed by
a vehicle equipped with a fifth-wheel hitch ordinarily installed 846
in the bed of a truck. 847
(5) "Park trailer" means a vehicle that is commonly known 849
as a park model recreational vehicle, meets the American national 850
standard institute standard A119.5 (1988) for park trailers, is 851
built on a single chassis, has a gross trailer area of four 852
hundred square feet or less when set up, is designed for seasonal 853
or temporary living quarters, and may be connected to utilities
necessary for the operation of installed features and appliances. 854
(R) "Pneumatic tires" means tires of rubber and fabric or 856
tires of similar material, that are inflated with air. 857
(S) "Solid tires" means tires of rubber or similar elastic 859
material that are not dependent upon confined air for support of 860
the load.
(T) "Solid tire vehicle" means any vehicle that is 862
equipped with two or more solid tires. 863
(U) "Farm machinery" means all machines and tools that are 865
used in the production, harvesting, and care of farm products, 866
and includes trailers that are used to transport agricultural 867
produce or agricultural production materials between a local 868
place of storage or supply and the farm when drawn or towed on a 869
public road or highway at a speed of twenty-five miles per hour 870
or less.
(V) "Owner" includes any person, firm, or corporation 872
other than a manufacturer or dealer that has title to a motor 873
vehicle, except that in sections 4505.01 to 4505.19 of the 874
Revised Code, "owner" includes in addition manufacturers and 875
dealers.
23
(W) "Manufacturer" and "dealer" include all persons, 877
firms, and corporations that are regularly engaged in the 878
business of manufacturing, selling, displaying, offering for 879
sale, or dealing in motor vehicles, at an established place of 880
business that is used exclusively for the purpose of 881
manufacturing, selling, displaying, offering for sale, or dealing 882
in motor vehicles. A place of business that is used for 883
manufacturing, selling, displaying, offering for sale, or dealing 884
in motor vehicles shall be deemed to be used exclusively for 885
those purposes even though snowmobiles or all-purpose vehicles 886
are sold or displayed for sale thereat, even though farm 887
machinery is sold or displayed for sale thereat, or even though 888
repair, accessory, gasoline and oil, storage, parts, service, or 889
paint departments are maintained thereat, or, in any county 890
having a population of less than seventy-five thousand persons at 891
the last federal census, even though a department in a place of 892
business is used to dismantle, salvage, or rebuild motor vehicles 893
by means of used parts, if such departments are operated for the 894
purpose of furthering and assisting in the business of 895
manufacturing, selling, displaying, offering for sale, or dealing 896
in motor vehicles. Places of business or departments in a place 897
of business used to dismantle, salvage, or rebuild motor vehicles 898
by means of using used parts are not considered as being 899
maintained for the purpose of assisting or furthering the 900
manufacturing, selling, displaying, and offering for sale or 901
dealing in motor vehicles.
(X) "Operator" includes any person who drives or operates 903
a motor vehicle upon the public highways. 904
(Y) "Chauffeur" means any operator who operates a motor 906
vehicle, other than a taxicab, as an employee for hire; or any 907
operator whether or not the owner of a motor vehicle, other than 908
a taxicab, who operates such vehicle for transporting, for gain, 909
compensation, or profit, either persons or property owned by 910
another. Any operator of a motor vehicle who is voluntarily 911
24
involved in a ridesharing arrangement is not considered an 912
employee for hire or operating such vehicle for gain, 913
compensation, or profit.
(Z) "State" includes the territories and federal districts 915
of the United States, and the provinces of Canada. 916
(AA) "Public roads and highways" for vehicles includes all 918
public thoroughfares, bridges, and culverts. 919
(BB) "Manufacturer's number" means the manufacturer's 921
original serial number that is affixed to or imprinted upon the 922
chassis or other part of the motor vehicle. 923
(CC) "Motor number" means the manufacturer's original 925
number that is affixed to or imprinted upon the engine or motor 926
of the vehicle. 927
(DD) "Bill of sale" means the written statement or 929
document of transfer or conveyance required prior to January 1, 930
1938, to be executed and delivered by the corporation, 931
partnership, association, or person selling, giving away, 932
transferring, or passing title to a motor vehicle. 933
(EE) "Distributor" means any person who is authorized by a 935
motor vehicle manufacturer to distribute new motor vehicles to 936
licensed motor vehicle dealers at an established place of 937
business that is used exclusively for the purpose of distributing 938
new motor vehicles to licensed motor vehicle dealers, except when 939
the distributor also is a new motor vehicle dealer, in which case 940
he THE DISTRIBUTOR may distribute at the location of his THE 941
DISTRIBUTOR'S licensed dealership. 942
(FF) "Ridesharing arrangement" means the transportation of 944
persons in a motor vehicle where the transportation is incidental 946
to another purpose of a volunteer driver and includes ridesharing 947
arrangements known as carpools, vanpools, and buspools. 948
(GG) "Apportionable vehicle" means any vehicle that is 950
used or intended for use in two or more international 951
registration plan member jurisdictions that allocate or 952
proportionally register vehicles, that is used for the 953
25
transportation of persons for hire or designed, used, or 954
maintained primarily for the transportation of property, and that 955
meets any of the following qualifications:
(1) Is a power unit having a gross vehicle weight in 957
excess of twenty-six thousand pounds; 958
(2) Is a power unit having three or more axles, regardless 960
of the gross vehicle weight; 961
(3) Is a combination vehicle with a gross vehicle weight 963
in excess of twenty-six thousand pounds. 964
"Apportionable vehicle" does not include recreational 966
vehicles, vehicles displaying restricted plates, city pick-up and 967
delivery vehicles, buses used for the transportation of chartered 968
parties, or vehicles owned and operated by the United States, 969
this state, or any political subdivisions thereof. 970
(HH) "Chartered party" means a group of persons who 972
contract as a group to acquire the exclusive use of a 973
passenger-carrying motor vehicle at a fixed charge for the 974
vehicle in accordance with the carrier's tariff, lawfully on file 975
with the interstate commerce commission UNITED STATES DEPARTMENT 977
OF TRANSPORTATION, for the purpose of group travel to a specified 978
destination or for a particular itinerary, either agreed upon in 979
advance or modified by the chartered group after having left the 980
place of origin.
(II) "International registration plan" means a reciprocal 982
agreement of member jurisdictions that is endorsed by the 983
American association of motor vehicle administrators, and that 984
promotes and encourages the fullest possible use of the highway 985
system by authorizing apportioned registration of fleets of 986
vehicles and recognizing registration of vehicles apportioned in 987
member jurisdictions. 988
(JJ) "Restricted plate" means a license plate that has a 990
restriction of time, geographic area, mileage, or commodity, and 991
includes license plates issued to farm trucks under division (K) 992
of section 4503.04 of the Revised Code. 993
26
(KK) "Gross vehicle weight," with regard to any commercial 995
car, trailer, semitrailer, or bus that is taxed at the rates 996
established under section 4503.042 of the Revised Code, means the 997
unladen weight of the vehicle fully equipped plus the maximum 998
weight of the load to be carried on the vehicle. 999
(LL) "Combined gross vehicle weight" with regard to any 1,001
combination of a commercial car, trailer, and semitrailer, that 1,002
is taxed at the rates established under section 4503.042 of the 1,003
Revised Code, means the total unladen weight of the combination 1,004
of vehicles fully equipped plus the maximum weight of the load to 1,005
be carried on that combination of vehicles. 1,006
(MM) "Chauffeured limousine" means a motor vehicle that is 1,009
designed to carry fewer than nine OR FEWER passengers and is 1,010
operated for hire on an hourly basis pursuant to a prearranged
contract for the transportation of passengers on public roads and 1,011
highways along a route under the control of the person hiring the 1,012
vehicle and not over a defined and regular route. "Prearranged 1,013
contract" means an agreement, made in advance of boarding, to 1,014
provide transportation from a specific location in a chauffeured 1,015
limousine at a fixed rate per hour or trip. "Chauffeured 1,016
limousine" does not include any vehicle that is used exclusively 1,017
in the business of funeral directing. 1,018
Sec. 4501.021. (A) The registrar of motor vehicles may 1,027
dispose of all motor vehicle bureau records OF THE BUREAU OF 1,028
MOTOR VEHICLES pursuant to section 149.34 of the Revised Code. 1,029
The disposal of all records shall not take place when the 1,031
registrar has received notice that a court case or other legal 1,032
action is pending involving such records. 1,033
Any surplus from the sale of such records, after paying the 1,035
cost of administering the destruction or sale of such records, 1,036
shall be paid into the state treasury. 1,037
(B) EACH DEPUTY REGISTRAR SHALL RETAIN IN THE DEPUTY 1,040
REGISTRAR'S OFFICE A FILE CONTAINING COPIES OF ALL RECORDS AND 1,041
TRANSACTIONS PERFORMED FOR THE BUREAU. COPIES OF MOTOR VEHICLE 1,042
27
REGISTRATION APPLICATIONS SHALL BE RETAINED FOR A PERIOD OF 1,043
EIGHTEEN MONTHS FROM THE DATE OF THE RECORD OR TRANSACTION, 1,044
WHICHEVER IS LATER; COPIES OF DRIVER'S LICENSE OR IDENTIFICATION 1,045
CARD APPLICATIONS SHALL BE RETAINED FOR A PERIOD OF FOUR YEARS 1,046
FROM THE DATE OF THE RECORD OR TRANSACTION, WHICHEVER IS LATER; 1,047
AND ALL OTHER RECORDS SHALL BE RETAINED FOR A PERIOD OF THREE 1,048
YEARS FROM THE DATE OF THE RECORD OR TRANSACTION, WHICHEVER IS 1,049
LATER. THE RETAINED RECORDS SHALL BE AVAILABLE FOR PUBLIC 1,050
EXAMINATION, BUT NO PERSON MAY MAKE COPIES OF THE RECORDS FOR 1,051
SALE OR DISTRIBUTION.
Sec. 4501.15. The EXCEPT AS PROVIDED IN THIS SECTION, THE 1,060
department of public safety shall not provide social security 1,062
numbers from its driver DRIVER'S license and vehicle registration 1,063
records to any person, except AND SHALL NOT PROVIDE CREDIT CARD 1,064
ACCOUNT NUMBERS OR INFORMATION TO ANY PERSON EXCEPT THE FINANCIAL
INSTITUTIONS AND CREDIT ISSUING COMPANIES DIRECTLY INVOLVED IN 1,065
THE CREDIT TRANSACTION. SOCIAL SECURITY NUMBERS AND CREDIT CARD 1,066
ACCOUNT NUMBERS OR INFORMATION MAY BE PROVIDED TO local, state, 1,067
or federal governmental agencies. This section does not preclude 1,068
the registrar OF MOTOR VEHICLES from reporting a person's social 1,069
security number if the number was provided in the request for 1,070
information.
Sec. 4503.10. (A) Except as provided in section 4503.103 1,081
of the Revised Code, every owner of a motor vehicle and every 1,082
person mentioned as owner in the last certificate of title, bill 1,083
of sale, or sworn statement of ownership of a motor vehicle which 1,084
THAT is operated or driven upon the public roads or highways 1,085
shall cause to be filed each year, by mail or otherwise, in the 1,086
office of the registrar of motor vehicles or a deputy registrar, 1,087
a written application or a preprinted registration renewal notice 1,088
issued under section 4503.102 of the Revised Code, the form of 1,089
which shall be prescribed by the registrar, for registration for 1,090
the following registration year, which shall begin on the first 1,091
day of January of every calendar year and end on the thirty-first 1,092
28
day of December in the same year. Applications for registration 1,093
and registration renewal notices shall be filed at the times 1,094
established by the registrar pursuant to section 4503.101 of the 1,095
Revised Code. Except as provided in division (J) of this 1,096
section, applications for registration shall be made on blanks 1,097
furnished by the registrar for that purpose, containing the 1,098
following information: 1,099
(1) A brief description of the motor vehicle to be 1,101
registered, including the name of the manufacturer, the factory 1,102
number of the vehicle, the year's model, and, in the case of 1,103
commercial cars, the gross weight of the vehicle fully equipped 1,104
computed in the manner prescribed in section 4503.08 of the 1,105
Revised Code; 1,106
(2) The name and residence address of the owner, and the 1,109
township and municipal corporation in which the owner resides; 1,111
(3) The district of registration, which shall be 1,113
determined as follows: 1,114
(a) In case the motor vehicle to be registered is used for 1,116
hire or principally in connection with any established business 1,117
or branch business, conducted at a particular place, the district 1,118
of registration is the municipal corporation in which that place 1,119
is located or, if not located in any municipal corporation, the 1,120
county and township in which that place is located. 1,121
(b) In case the vehicle is not so used, the district of 1,123
registration is the municipal corporation or county in which the 1,124
owner resides at the time of making the application. 1,125
(4) Whether the motor vehicle is a new or used motor 1,127
vehicle; 1,128
(5) The date of purchase of the motor vehicle; 1,130
(6) Whether the fees required to be paid for the 1,132
registration or transfer of the motor vehicle, during the 1,133
preceding registration year and during the preceding period of 1,134
the current registration year, have been paid. Each application 1,135
for registration shall be signed by the owner, directly or 1,136
29
pursuant to obtaining a limited power of attorney authorized by 1,137
the registrar for registration, or other document authorizing 1,138
such signature. 1,139
(7) The owner's social security number, if assigned, or, 1,141
where a motor vehicle to be registered is used for hire or 1,142
principally in connection with any established business, the 1,143
owner's federal taxpayer identification number. 1,144
(B) Each time the applicant first registers a motor 1,146
vehicle in the applicant's name, the applicant shall present for 1,148
inspection proper bills of sale or sworn statement of ownership, 1,149
the originals of which have been filed with the clerk of the 1,150
court of common pleas, or a certificate of the clerk certifying 1,151
that such bills of sale or sworn statement of ownership have been 1,152
filed with the clerk, or a certificate of title or a memorandum 1,153
certificate showing title to the motor vehicle to be registered 1,154
in the applicant. When a motor vehicle inspection and 1,155
maintenance program is in effect under section 3704.14 of the 1,156
Revised Code and rules adopted under it, each application for 1,157
registration for a vehicle required to be inspected under that 1,158
section and those rules shall be accompanied by an inspection 1,159
certificate for the motor vehicle issued in accordance with that 1,160
section. The application shall be refused if any of the 1,161
following applies:
(1) The application is not in proper form. 1,163
(2) The application is prohibited from being accepted by 1,165
division (D) of section 2935.27, division (A) of section 1,166
2937.221, division (B) of section 4507.168, or division (B)(1) of 1,167
section 4521.10 of the Revised Code.
(3) When applicable, proper bills of sale or sworn 1,169
statement of ownership or proper certificate thereof or 1,170
certificate of title or memorandum certificate does not accompany 1,171
the application. 1,172
(4) All registration and transfer fees for the motor 1,174
vehicle, for the preceding year or the preceding period of the 1,175
30
current registration year, have not been paid. 1,176
(5) The owner or lessee does not have an inspection 1,178
certificate for the motor vehicle as provided in section 3704.14 1,179
of the Revised Code, and rules adopted under it, if that section 1,180
is applicable. 1,181
This section does not require the payment of license or 1,183
registration taxes on a motor vehicle for any preceding year, or 1,184
for any preceding period of a year, if the motor vehicle was not 1,185
taxable for that preceding year or period under sections 4503.02, 1,186
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the 1,187
Revised Code. When a certificate of registration is issued upon 1,188
the first registration of a motor vehicle by or on behalf of the 1,189
owner, the official issuing the certificate shall indicate the 1,190
issuance with a stamp on the certificate of title or memorandum 1,191
certificate and on the inspection certificate for the motor 1,192
vehicle, if any. The official also shall indicate, by a stamp or 1,193
by such other means as the registrar prescribes, on the 1,194
registration certificate issued upon the first registration of a 1,195
motor vehicle by or on behalf of the owner the odometer reading 1,196
of the motor vehicle as shown in the odometer statement included 1,197
in or attached to the certificate of title. Upon each subsequent 1,198
registration of the motor vehicle by or on behalf of the same 1,199
owner, the official also shall so indicate the odometer reading 1,200
of the motor vehicle as shown on the immediately preceding 1,201
certificate of registration. 1,202
The registrar shall include in the permanent registration 1,204
record of any vehicle required to be inspected under section 1,205
3704.14 of the Revised Code the inspection certificate number 1,206
from the inspection certificate that is presented at the time of 1,207
registration of the vehicle as required under this division. 1,208
(C) In addition, a charge of twenty-five cents shall be 1,210
made for each reflectorized safety license plate issued, and a 1,211
single charge of twenty-five cents shall be made for each county 1,212
identification sticker or each set of county identification 1,214
31
stickers issued, as the case may be, to cover the cost of 1,215
producing the license plates and stickers, including material, 1,216
manufacturing, and administrative costs. Those fees shall be in 1,217
addition to the license tax. If the total cost of producing the 1,218
plates is less than twenty-five cents per plate, or if the total 1,219
cost of producing the stickers is less than twenty-five cents per 1,220
sticker or per set issued, any excess moneys accruing from the 1,221
fees shall be distributed in the same manner as provided by 1,222
section 4501.04 of the Revised Code for the distribution of 1,223
license tax moneys. If the total cost of producing the plates 1,224
exceeds twenty-five cents per plate, or if the total cost of 1,225
producing the stickers exceeds twenty-five cents per sticker or 1,226
per set issued, the difference shall be paid from the license tax 1,228
moneys collected pursuant to section 4503.02 of the Revised Code. 1,229
(D) Each deputy registrar shall be allowed a fee of two 1,231
dollars and twenty-five cents for each application for 1,232
registration and registration renewal notice the deputy registrar 1,234
receives, which shall be for the purpose of compensating the 1,235
deputy registrar for the deputy registrar's deputy's services, 1,236
and such office and rental expenses, as may be necessary for the 1,238
proper discharge of the deputy registrar's deputy's duties in the 1,240
receiving of applications and renewal notices and the issuing of 1,241
licenses. 1,242
(E) Upon the certification of the registrar, the county 1,244
sheriff or local police officials shall recover license plates 1,245
erroneously or fraudulently issued. 1,246
(F) Each deputy registrar, upon receipt of any application 1,248
for registration or registration renewal notice, together with 1,249
the license fee and any, township motor vehicle license tax, OR 1,250
local motor vehicle license tax levied pursuant to Chapter 4504. 1,252
of the Revised Code, shall transmit that fee and tax, if any, in 1,253
the manner provided in this section, together with the original 1,254
and duplicate copy of the application, to the registrar. The 1,255
registrar, subject to the approval of the director of public 1,256
32
safety, may deposit the funds collected by those deputies in a 1,257
local bank or depository to the credit of the "state of Ohio, 1,258
bureau of motor vehicles." Where a local bank or depository has 1,260
been designated by the registrar, each deputy registrar shall
deposit all moneys collected by the deputy registrar into that 1,261
bank or depository not more than one business day after their 1,262
collection and shall make reports to the registrar of the amounts 1,264
so deposited, together with any other information, some of which 1,265
may be prescribed by the treasurer of state, as the registrar may 1,266
require and as prescribed by the registrar by rule. The 1,267
registrar, within three days after receipt of notification of the 1,268
deposit of funds by a deputy registrar in a local bank or 1,269
depository, shall draw on that account in favor of the treasurer 1,271
of state. The registrar, subject to the approval of the director 1,272
and the treasurer of state, may make reasonable rules necessary 1,273
for the prompt transmittal of fees and for safeguarding the 1,274
interests of the state and of counties, townships, and municipal 1,275
corporations levying county or township motor vehicle license 1,276
taxes, township motor vehicle license taxes, or municipal motor 1,277
vehicle license taxes. The registrar may pay service charges 1,279
usually collected by banks and depositories for such service. If 1,280
deputy registrars are located in communities where banking 1,282
facilities are not available, they shall transmit the fees 1,283
forthwith, by money order or otherwise, as the registrar, by rule 1,284
approved by the director and the treasurer of state, may
prescribe. The registrar may pay the usual and customary fees 1,285
for such service. 1,286
(G) This section does not prevent any person from making 1,288
an application for a motor vehicle license directly to the 1,289
registrar upon payment of a two dollars and twenty-five cents 1,290
service fee for each application. Each deputy registrar shall 1,291
retain in the deputy registrar's deputy's office a copy of each 1,292
application the deputy registrar receives for a period of three 1,294
registration years. This copy shall be for public examination, 1,295
33
but no person may make copies thereof for sale or distribution. 1,296
(H) No person shall make a false statement as to the 1,298
district of registration in an application required by division 1,299
(A) of this section. Violation of this division is falsification 1,300
under section 2921.13 of the Revised Code and punishable as 1,301
specified in that section. 1,302
(I)(1) Where applicable, the requirements of division (B) 1,304
of this section relating to the presentation of an inspection 1,305
certificate issued under section 3704.14 of the Revised Code and 1,306
rules adopted under it for a motor vehicle, the refusal of a 1,307
license for failure to present an inspection certificate, and the 1,308
stamping of the inspection certificate by the official issuing 1,309
the certificate of registration apply to the registration of and 1,310
issuance of license plates for a motor vehicle under sections 1,311
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, 1,312
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, 1,313
4503.47, and 4503.51 of the Revised Code. 1,314
(2)(a) The registrar shall adopt rules ensuring that each 1,316
owner registering a motor vehicle in a county where a motor 1,317
vehicle inspection and maintenance program is in effect under 1,318
section 3704.14 of the Revised Code and rules adopted under it 1,319
receives information about the requirements established in that 1,320
section and those rules and about the need in those counties to 1,321
present an inspection certificate with an application for 1,322
registration or preregistration. 1,323
(b) Upon request, the registrar shall provide the director 1,325
of environmental protection, or any person that has been awarded 1,326
a contract under division (D) of section 3704.14 of the Revised 1,327
Code, an on-line computer data link to registration information 1,328
for all passenger cars, noncommercial motor vehicles, and 1,329
commercial cars that are subject to that section. The registrar 1,330
also shall provide to the director of environmental protection a 1,331
magnetic data tape containing registration information regarding 1,332
passenger cars, noncommercial motor vehicles, and commercial cars 1,333
34
for which a multi-year registration is in effect under section 1,334
4503.103 of the Revised Code or rules adopted under it, 1,335
including, without limitation, the date of issuance of the 1,336
multi-year registration, the registration deadline established 1,337
under rules adopted under section 4503.101 of the Revised Code 1,338
that was applicable in the year in which the multi-year 1,339
registration was issued, and the registration deadline for 1,340
renewal of the multi-year registration. 1,341
(J) Application for registration under the international 1,343
registration plan, as set forth in sections 4503.60 to 4503.66 of 1,344
the Revised Code, shall be made to the registrar on forms 1,345
furnished by the registrar. In accordance with international 1,346
registration plan guidelines and pursuant to rules adopted by the 1,347
registrar, the forms shall include the following: 1,348
(1) A uniform mileage schedule; 1,350
(2) The gross vehicle weight of the vehicle or combined 1,352
gross vehicle weight of the combination vehicle as declared by 1,353
the registrant; 1,354
(3) Any other information the registrar requires by rule. 1,357
Sec. 4503.103. (A) Any THE REGISTRAR OF MOTOR VEHICLES 1,366
MAY ADOPT RULES TO PERMIT ANY person or lessee, other than a 1,367
person receiving an apportioned license plate under the 1,368
international registration plan, who owns or leases twenty or 1,369
more motor vehicles used principally in connection with any 1,370
established business, in accordance with rules adopted by the 1,371
registrar of motor vehicles, may TO file a written application 1,372
for registration for no more than four succeeding registration 1,373
years. THE RULES ADOPTED BY THE REGISTRAR MAY DESIGNATE THE 1,374
CLASSES OF MOTOR VEHICLES THAT ARE ELIGIBLE FOR SUCH 1,375
REGISTRATION. At the time of application, all annual taxes and 1,376
fees shall be paid for each year for which the person is 1,377
registering. No person applying for a multi-year registration is 1,378
entitled to a refund of any taxes or fees paid. 1,379
The registrar may adopt rules to permit any person, other 1,381
35
than a person receiving an apportioned license plate under the 1,382
international registration plan, who owns a motor vehicle to file 1,383
an application for registration for the next two succeeding 1,384
registration years. 1,385
The registrar shall not issue to any applicant who has been 1,387
issued a final, nonappealable order under division (B) of this 1,388
section a multi-year registration or renewal thereof under this 1,389
division or rules adopted under it for any motor vehicle that is 1,390
required to be inspected under section 3704.14 of the Revised 1,391
Code the district of registration of which, as determined under 1,392
section 4503.10 of the Revised Code, is or is located in the 1,393
county named in the order. 1,394
(B) Upon receipt from the director of environmental 1,396
protection of a notice issued under division (J) of section 1,397
3704.14 of the Revised Code indicating that an owner of a motor 1,398
vehicle that is required to be inspected under that section who 1,399
obtained a multi-year registration for the vehicle under division 1,400
(A) of this section or rules adopted under that division has not 1,401
obtained an inspection certificate for the vehicle in accordance 1,402
with that section in a year intervening between the years of 1,403
issuance and expiration of the multi-year registration in which 1,404
the owner is required to have the vehicle inspected and obtain an 1,405
inspection certificate for it under division (F)(1)(a) of that 1,406
section, the registrar in accordance with Chapter 119. of the 1,407
Revised Code shall issue an order to the owner impounding the 1,408
certificate of registration and identification license plates for 1,409
the vehicle. The order also shall prohibit the owner from 1,410
obtaining or renewing a multi-year registration for any vehicle 1,411
that is required to be inspected under that section, the district 1,412
of registration of which is or is located in the same county as 1,413
the county named in the order during the number of years after 1,414
expiration of the current multi-year registration that equals the 1,415
number of years for which the current multi-year registration was 1,416
issued. 1,417
36
An order issued under this division shall require the owner 1,419
to surrender to the registrar the certificate of registration and 1,420
license plates for the vehicle named in the order within five 1,421
days after its issuance. If the owner fails to do so within that 1,422
time, the registrar shall certify that fact to the county sheriff 1,423
or local police officials who shall recover the certificate of 1,424
registration and license plates for the vehicle. 1,425
(C) Upon the occurrence of either of the following 1,427
circumstances, the registrar in accordance with Chapter 119. of 1,428
the Revised Code shall issue to the owner a modified order 1,429
rescinding the provisions of the order issued under division (B) 1,430
of this section impounding the certificate of registration and 1,431
license plates for the vehicle named in that original order: 1,432
(1) Receipt from the director of environmental protection 1,434
of a subsequent notice under division (J) of section 3704.14 of 1,435
the Revised Code that the owner has obtained the inspection 1,436
certificate for the vehicle as required under division (F)(1)(a) 1,437
of that section; 1,438
(2) Presentation to the registrar by the owner of the 1,440
required inspection certificate for the vehicle. 1,441
(D) The owner of a motor vehicle for which the certificate 1,443
of registration and license plates have been impounded pursuant 1,444
to an order issued under division (B) of this section, upon 1,445
issuance of a modified order under division (C) of this section, 1,446
may apply to the registrar for their return. A fee of two 1,447
dollars and fifty cents shall be charged for the return of the 1,448
certificate of registration and license plates for each vehicle 1,449
named in the application. 1,450
Sec. 4503.12. Upon the transfer of ownership of a motor 1,459
vehicle, the registration of the motor vehicle expires and the 1,461
original owner immediately shall remove the license plates from 1,462
the motor vehicle, except that:
(A) If a statutory merger or consolidation results in the 1,464
transfer of ownership of a motor vehicle from a constituent 1,465
37
corporation to the surviving corporation, or if the incorporation 1,467
of a proprietorship or partnership results in the transfer of 1,468
ownership of a motor vehicle from the proprietorship or 1,469
partnership to the corporation, the registration shall be
continued upon the filing by the surviving or new corporation, 1,470
within thirty days of such transfer, of an application for an 1,471
amended certificate of registration, unless such registration is 1,472
prohibited by division (D) of section 2935.27, division (A) of 1,473
section 2937.221, division (B) of section 4507.168, or division 1,474
(B)(1) of section 4521.10 of the Revised Code. The application 1,476
shall be accompanied by a service fee of two dollars and 1,477
twenty-five cents, a transfer fee of one dollar, and the original 1,478
certificate of registration. Upon a proper filing, the registrar 1,479
of motor vehicles shall issue an amended certificate of 1,480
registration in the name of the new owner.
(B) If the death of the owner of a motor vehicle results 1,482
in the transfer of ownership of the motor vehicle to the 1,483
surviving spouse of the owner or if a motor vehicle is owned by 1,484
two persons under joint ownership with right of survivorship 1,485
established under section 2106.17 of the Revised Code and one of 1,486
those persons dies, the registration shall be continued upon the 1,487
filing by the surviving spouse of an application for an amended 1,488
certificate of registration, unless such registration is 1,489
prohibited by division (D) of section 2937.27, division (A) of 1,490
section 2937.221, division (B) of section 4507.168, or division 1,491
(B)(1) of section 4521.10 of the Revised Code. The application 1,494
shall be accompanied by a service fee of two dollars and 1,495
twenty-five cents, a transfer fee of one dollar, the original 1,496
certificate of registration, and, in relation to a motor vehicle 1,497
that is owned by two persons under joint ownership with right of 1,498
survivorship established under section 2106.17 of the Revised 1,499
Code, by a copy of the certificate of title that specifies that 1,500
the vehicle is owned under joint ownership with right of 1,501
survivorship. Upon a proper filing, the registrar shall issue an 1,502
38
amended certificate of registration in the name of the surviving 1,503
spouse.
(C) If the original owner of a motor vehicle that has been 1,505
transferred makes application for the registration of another 1,506
motor vehicle at any time during the remainder of the 1,507
registration period for which the transferred motor vehicle was 1,508
registered, the owner, unless such registration is prohibited by 1,509
division (D) of section 2935.27, division (A) of section 1,510
2937.221, division (E) of section 4503.234, division (B) of 1,512
section 4507.168, or division (B)(1) of section 4521.10 of the
Revised Code, may file an application for transfer of the 1,514
registration and, where applicable, the license plates, 1,515
accompanied by a service fee of two dollars and twenty-five 1,516
cents, a transfer fee of one dollar, and the original certificate 1,517
of registration. The transfer of the registration and, where 1,518
applicable, the license plates from the motor vehicle for which 1,519
they originally were issued to a succeeding motor vehicle 1,520
purchased by the same person in whose name the original 1,521
registration and license plates were issued shall be done within 1,522
a period not to exceed thirty days. During that thirty-day 1,523
period, the license plates from the motor vehicle for which they 1,524
originally were issued may be displayed on the succeeding motor
vehicle, and the succeeding motor vehicle may be operated on the 1,525
public roads and highways in this state. 1,526
At the time of application for transfer, the registrar 1,528
shall compute and collect the amount of tax due on the succeeding 1,529
motor vehicle, based upon the amount that would be due on a new 1,530
registration as of the date on which the transfer is made less a 1,531
credit for the unused portion of the original registration 1,532
beginning on that date. If the credit exceeds the amount of tax 1,533
due on the new registration, no refund shall be made. In 1,534
computing the amount of tax due and credits to be allowed under 1,535
this division, the provisions of division (B)(1)(a) AND (b) of 1,537
section 4503.11 of the Revised Code shall apply. As to passenger 1,538
39
cars, noncommercial vehicles, motor homes, and motorcycles, 1,539
transfers within or between these classes of motor vehicles only 1,540
shall be allowed. If the succeeding motor vehicle is of a 1,541
different class than the motor vehicle for which the registration 1,542
originally was issued, new license plates also shall be issued 1,543
upon the surrender of the license plates originally issued and 1,544
payment of the fees provided in divisions (C) and (D) of section 1,546
4503.10 of the Revised Code. 1,547
(D) The owner of a commercial car having a gross vehicle 1,549
weight or combined gross vehicle weight of more than ten thousand 1,550
pounds may transfer the registration of that commercial car to 1,551
another commercial car the owner owns without transferring 1,552
ownership of the first commercial car, unless registration of the 1,554
second commercial car is prohibited by division (D) of section 1,555
2935.27, division (A) of section 2937.221, division (B) of 1,556
section 4507.168, or division (B)(1) of section 4521.10 of the 1,558
Revised Code. At any time during the remainder of the
registration period for which the first commercial car was 1,559
registered, the owner may file an application for the transfer of 1,560
the registration and, where applicable, the license plates, 1,561
accompanied by a service fee of two dollars and twenty-five 1,562
cents, a transfer fee of one dollar, and the certificate of 1,563
registration of the first commercial car. The amount of any tax 1,564
due or credit to be allowed for a transfer of registration under 1,565
this division shall be computed in accordance with division (C) 1,566
of this section. 1,567
No commercial car to which a registration is transferred 1,569
under this division shall be operated on a public road or highway 1,570
in this state until after the transfer of registration is 1,572
completed in accordance with this division. 1,573
(E) Upon application to the registrar or a deputy 1,575
registrar, a person who owns or leases a motor vehicle may 1,577
transfer special license plates assigned to that vehicle to any 1,578
other vehicle that the person owns or leases or that is owned or 1,579
40
leased by the person's spouse. The application shall be 1,580
accompanied by a service fee of two dollars and twenty-five 1,582
cents, a transfer fee of one dollar, and the original certificate 1,583
of registration. As appropriate, the application also shall be 1,584
accompanied by a power of attorney for the registration of a 1,585
leased vehicle and a written statement releasing the special 1,586
plates to the applicant. Upon a proper filing, the registrar or 1,587
deputy registrar shall assign the special license plates to the 1,588
motor vehicle owned or leased by the applicant and issue a new 1,589
certificate of registration for that motor vehicle. 1,590
As used in division (E) of this section, "special license 1,592
plates" means either of the following: 1,593
(1) Any license plates for which the person to whom the 1,595
license plates are issued must pay an additional fee in excess of 1,596
the fees prescribed in section 4503.04 of the Revised Code, 1,597
Chapter 4504. of the Revised Code, and the service fee prescribed 1,598
in division (D) or (G) of section 4503.10 of the Revised Code; 1,599
(2) License plates issued under section 4503.44 of the 1,601
Revised Code. 1,602
Sec. 4503.19. Upon the filing of an application for 1,610
registration and the payment of the tax therefor, the registrar 1,611
of motor vehicles or a deputy registrar shall determine whether 1,612
the owner has previously been issued license plates for the motor 1,613
vehicle described in the application. If no license plates have 1,614
previously been issued to the owner for that motor vehicle, the 1,615
registrar or deputy registrar shall assign to the motor vehicle a 1,616
distinctive number and issue and deliver to the owner in such 1,617
manner as the registrar may select a certificate of registration, 1,618
in such form as the registrar shall prescribe, and, except as 1,620
otherwise provided in this section, two license plates, 1,621
duplicates of each other, and validation stickers, or validation 1,622
stickers alone, to be attached to the number plates as provided 1,623
in section 4503.191 of the Revised Code. The registrar or deputy 1,624
registrar also shall charge the owner any fees required under 1,625
41
division (C) of section 4503.10 of the Revised Code. Trailers, 1,626
manufactured homes, semitrailers, the manufacturer thereof, the 1,627
dealer, or in transit companies therein, shall be issued one 1,628
license plate only and one validation sticker, or a validation 1,629
sticker alone, which license plate shall be displayed only on the 1,630
rear of such vehicles. An apportioned vehicle receiving an 1,631
apportioned license plate under the international registration 1,632
plan shall be issued one license plate only and one validation 1,633
sticker, or a validation sticker alone; the license plate shall 1,634
be displayed only on the front of a semitractor and on the rear 1,635
of all other vehicles. School buses shall not be issued license 1,636
plates, but shall bear identifying numbers in the manner 1,637
prescribed by section 4511.764 of the Revised Code. The 1,638
certificate of registration and license plates and validation 1,639
stickers, or validation stickers alone, shall be issued and 1,640
delivered to the owner in person or by mail. Chauffeured 1,641
limousines shall be issued license plates, a validation sticker, 1,642
and a livery sticker as provided in section 4503.24 of the 1,643
Revised Code. In the event of the loss, mutilation, or 1,644
destruction of any certificate of registration, or of any license 1,645
plates or validation stickers, or in the event the owner chooses 1,646
to replace license plates previously issued for a motor vehicle,
OR THE REGISTRATION CERTIFICATE AND LICENSE PLATES HAVE BEEN 1,647
IMPOUNDED AS PROVIDED BY DIVISION (F)(1) OF SECTION 4507.02 AND 1,648
DIVISION (A)(2) OF SECTION 4507.16 OF THE REVISED CODE, the owner 1,649
of a motor vehicle, or manufacturer or dealer, may obtain from 1,650
the registrar, or from a deputy registrar if authorized by the 1,651
registrar, a duplicate thereof or new license plates bearing a 1,652
different number, if the registrar considers it advisable, upon 1,654
filing an application prescribed by the registrar, and upon 1,655
paying a fee of one dollar for such certificate of registration 1,656
and, a fee of five dollars for each set of two license plates, or 1,657
three dollars for each single license plate or validation sticker 1,658
and a service fee of two dollars and twenty-five cents. IN 1,659
42
ADDITION, EACH APPLICANT FOR A REPLACEMENT CERTIFICATE OF
REGISTRATION, LICENSE PLATE, OR VALIDATION STICKER SHALL PAY THE 1,660
FEES PROVIDED IN DIVISIONS (C) AND (D) OF SECTION 4503.10 OF THE 1,661
REVISED CODE.
Additionally, the registrar and each deputy registrar who 1,663
either issues license plates and a validation sticker for use on 1,664
any vehicle other than a commercial tractor, semitrailer, or 1,666
apportioned vehicle, or who issues a validation sticker alone for 1,667
use on such a vehicle and the owner has changed the owner's 1,668
county of residence since the owner last was issued county 1,669
identification stickers, also shall issue and deliver to the 1,670
owner either one or two county identification stickers, as 1,671
appropriate, which shall be attached to the license plates in a 1,673
manner prescribed by the director of public safety. The county 1,674
identification stickers shall prominently identify by name or 1,675
number the county in which the owner of the vehicle resides at 1,676
the time of registration. 1,677
Sec. 4503.27. A manufacturer, dealer, or distributor shall 1,686
make application for registration, for each place in this state 1,687
at which the business of manufacturing, dealing, or distributing 1,688
of motor vehicles is carried on. The application shall show the 1,689
make of motor vehicles manufactured, dealt in, or distributed at 1,690
such place and shall show the taxing district in which the place 1,691
of business is located. Upon the filing of such application and 1,692
the payment of the ANNUAL tax AND POSTAGE therefor, the registrar 1,694
of motor vehicles shall assign to the applicant a distinctive 1,695
number which must be carried and displayed by each such motor 1,696
vehicle in like manner as provided by law for other motor 1,697
vehicles while it is operated on the public highway until it is 1,698
sold or transferred. At the time the registrar assigns the 1,699
distinctive number he THE REGISTRAR shall furnish one placard 1,700
with the number thereon. Such manufacturer, dealer, or 1,701
distributor may procure A REASONABLE NUMBER OF certified copies 1,702
of the registration certificate upon the payment FOR EACH of a 1,703
43
fee AN ANNUAL TAX of five dollars AND THE APPROPRIATE POSTAGE AS 1,704
REQUIRED BY THE REGISTRAR. With each of such THE certified 1,705
copies the registrar shall furnish one placard with the same 1,707
numbering provided in the original registration certificate, and 1,708
shall add thereto such special designation as necessary to 1,709
distinguish one set of placards from another. 1,710
The registrar shall not assign any distinctive number, and 1,712
he shall not furnish any placards to any dealer or distributor 1,714
unless such THE dealer or distributor, at the time of making 1,715
application for such THE placards, produces evidence to show that 1,716
he THE DEALER OR DISTRIBUTOR is the holder EITHER of a motor 1,717
vehicle dealer's license required by section 4517.04 or 4517.05 1,718
of the Revised Code, or a distributor's license required by 1,719
section 4517.08 of the Revised Code. Such evidence shall be 1,720
presented in the manner prescribed by the registrar. 1,721
Sec. 4503.301. (A) A manufacturer, dealer, or distributor 1,730
of motor vehicles may apply for a REASONABLE NUMBER OF commercial 1,731
car demonstration placard PLACARDS. The application shall show 1,732
the make of commercial cars, commercial tractors, trailers, and 1,734
semitrailers manufactured, dealt, or distributed in and shall 1,735
show the taxing district in which the applicant's place of 1,736
business is located.
Upon the filing of such application and the payment of a 1,738
fee AN ANNUAL TAX of five hundred dollars AND APPROPRIATE POSTAGE 1,740
AS REQUIRED BY the registrar of motor vehicles, THE REGISTRAR 1,741
shall assign to the applicant a distinctive placard and number.
Such placards shall be known as "commercial car demonstration 1,742
placards," and shall be valid for a period of one year from date 1,743
of issue EXPIRE ON A DATE PRESCRIBED BY THE REGISTRAR. Such UPON 1,745
THE FIRST APPLICATION BY ANY PERSON FOR SUCH PLACARDS, THE
REGISTRAR SHALL PRORATE THE ANNUAL TAX IN ACCORDANCE WITH SECTION 1,746
4503.11 OF THE REVISED CODE; FOR ALL RENEWALS OR REPLACEMENTS OF 1,747
SUCH PLACARDS, THE REGISTRAR SHALL COLLECT THE FULL AMOUNT OF THE 1,748
ANNUAL TAX.
44
COMMERCIAL CAR DEMONSTRATION placards may be displayed on 1,750
commercial cars, commercial tractors, trailers and semitrailers 1,752
owned by the manufacturer, dealer, or distributor, when such 1,753
THOSE vehicles are operated by or being demonstrated to a 1,755
prospective purchaser. In addition to the purposes permitted by 1,756
section 4503.30 of the Revised Code, the placards provided for in 1,757
this section may be displayed on vehicles operated or used for 1,758
delivery, hauling, transporting, or any other lawful purpose. 1,759
When such placards are used, the placards provided for in section 1,760
4503.30 of the Revised Code need not be displayed. 1,761
The operator of any commercial car, commercial tractor, 1,763
trailer, or semitrailer displaying the placards provided for in 1,764
this section shall, at all times, SHALL carry with him THE 1,766
OPERATOR a letter from the manufacturer, dealer, or distributor
authorizing the use of such manufacturer's, dealer's, or 1,767
distributor's commercial car demonstration placards. 1,768
When such placards are used on any commercial car or 1,770
commercial tractor, such power unit shall be considered duly 1,771
registered and licensed for the purposes of section 4503.38 of 1,772
the Revised Code. 1,773
(B) No manufacturer, dealer, or distributor of motor 1,775
vehicles shall use the commercial car demonstration placard for 1,776
purposes other than those provided in AUTHORIZED BY this section. 1,778
Sec. 4503.31. As used in this section, "person" includes, 1,787
but is not limited to, any person engaged in the business of 1,788
manufacturing or distributing, or selling at retail, displaying, 1,789
offering for sale, or dealing in, motorized bicycles who is not 1,790
subject to section 4503.09 of the Revised Code, or an Ohio 1,791
nonprofit corporation engaged in the business of testing of motor 1,792
vehicles. 1,793
Persons other than manufacturers, dealers, or distributors 1,795
may register annually with the registrar of motor vehicles and 1,796
obtain placards to be displayed on motor vehicles as provided by 1,797
this section. Applications for annual registration shall be made 1,798
45
at the time provided for payment of the tax AND POSTAGE imposed 1,799
on manufacturers, dealers, or distributors and shall be in the 1,800
manner to be prescribed by the registrar. The fee TAX for such 1,801
registration shall be twenty-five dollars and shall not be 1,802
reduced when the registration is for a part of a year. Applicants 1,804
may procure A REASONABLE NUMBER OF certified copies of such
registration upon the payment of a fee TAX of five dollars AND 1,806
APPROPRIATE POSTAGE AS REQUIRED BY THE REGISTRAR for each such 1,807
copy.
Upon the filing of the application and the payment of the 1,809
fee TAX AND POSTAGE prescribed by this section, the registrar 1,810
shall issue to each applicant a certificate of registration and 1,812
assign a distinctive number and furnish one placard with the 1,813
number thereon. With each of the certified copies of the 1,814
registration provided for in this section the registrar shall 1,815
furnish one placard with the same numbering assigned in the 1,816
original registration certificate and shall add thereto such 1,817
special designation as necessary to distinguish one set of 1,818
placards from another. All placards furnished by the registrar 1,819
pursuant to this section shall be so marked as to be 1,820
distinguishable from placards issued dealers, manufacturers, or 1,821
distributors. Placards issued pursuant to this section may be 1,822
used only on motor vehicles or motorized bicycles owned and being 1,823
used in testing or being demonstrated for purposes of sale or 1,824
lease; or on motor vehicles subject to the rights and remedies of 1,825
a secured party being exercised under sections 1309.01 to 1309.50 1,826
of the Revised Code; or on motor vehicles being held or 1,827
transported by any insurance company for purposes of salvage 1,828
disposition; or on motor vehicles being transported by any 1,829
persons regularly engaged in salvage operations or scrap metal 1,830
processing from the point of acquisition to their established 1,831
place of business; or on motor vehicles owned by or in the lawful 1,832
possession of an Ohio nonprofit corporation while being used in 1,833
the testing of those motor vehicles. 1,834
46
Placards issued pursuant to this section may also MAY be 1,836
used by persons regularly and primarily engaged in the business 1,837
of rustproofing, reconditioning, or installing equipment or trim 1,838
on motor vehicles for motor vehicle dealers when such motor 1,839
vehicles are being transported to or from the motor vehicle 1,840
dealer's place of business; and by persons engaged in 1,841
manufacturing articles for attachment to motor vehicles when such 1,842
motor vehicles are being transported to or from places where 1,843
mechanical equipment is attached to the chassis of such new motor 1,844
vehicles; or on motor vehicles being towed by any persons 1,845
regularly and primarily engaged in the business of towing motor 1,846
vehicles while such vehicle is being towed to a point of storage. 1,847
Placards issued pursuant to this section may also MAY be 1,849
used on trailers being transported by persons engaged in the 1,850
business of selling tangible personal property other than motor 1,851
vehicles.
No person required to register an apportionable vehicle 1,853
under the international registration plan shall apply for or 1,854
receive a placard for that vehicle under this section. 1,855
The fees TAXES collected by the registrar pursuant to this 1,857
section shall be paid into the state bureau of motor vehicles 1,858
fund established in section 4501.25 of the Revised Code and used 1,859
for the purposes described in that section. 1,860
Sec. 4503.311. A manufacturer of or dealer in trailers for 1,869
transporting watercraft may apply for registration with the 1,870
registrar of motor vehicles for each place in this state where he 1,871
THE MANUFACTURER OR DEALER carries on the business of 1,872
manufacturing or dealing in such trailers. Applications for 1,874
annual registration shall be made at the time provided for 1,875
payment of the tax imposed on manufacturers and dealers by 1,876
section 4503.09 of the Revised Code and shall be in the manner to 1,877
be prescribed by the registrar. The fee TAX for such 1,878
registration shall be twenty-five dollars and shall not be
reduced when the registration is for a part of a year. 1,879
47
Upon the filing of such application and the payment of such 1,881
fee, THE TAX AND APPROPRIATE POSTAGE AS REQUIRED BY the registrar 1,882
of motor vehicles, THE REGISTRAR shall assign to the applicant a 1,884
distinctive number which shall be displayed on the rear of each 1,885
trailer while it is operated on the public highway. Such trailer
may be operated on the public highway while loaded, until it is 1,887
sold or transferred. At the time the registrar assigns the 1,888
distinctive number, he THE REGISTRAR shall furnish one placard 1,889
with the number thereon. Such manufacturer or dealer may procure 1,890
A REASONABLE NUMBER OF certified copies of the registration 1,891
certificate upon the payment of a fee TAX of five dollars AND 1,893
POSTAGE. With each of such certified copies, the registrar shall 1,895
furnish one placard with the same number provided in the original 1,896
registration certificate, and shall add thereto such special 1,897
designation as necessary to distinguish one set of placards from 1,898
another. All placards furnished by the registrar pursuant to 1,899
this section shall be so marked as to be distinguishable from 1,900
placards issued to dealers in or manufacturers of motor vehicles. 1,901
The fees TAXES collected by the registrar pursuant to this 1,903
section shall be paid into the state bureau of motor vehicles 1,904
fund established in section 4501.25 of the Revised Code and used 1,905
for the purposes described in that section. 1,906
Sec. 4503.312. As used in this section: 1,915
(A) "Utility trailer" means any trailer, except a travel 1,917
trailer or trailer for transporting watercraft, having a gross 1,918
weight of less than four thousand pounds. 1,919
(B) "Snowmobile" and "all-purpose vehicle" have the same 1,921
meaning as in section 4519.01 of the Revised Code. 1,922
(C) "Distributor" means any person authorized by a 1,924
manufacturer of utility trailers or trailers for transporting 1,925
motorcycles, snowmobiles, or all-purpose vehicles to distribute 1,926
new trailers to persons for purposes of resale. 1,927
A manufacturer or distributor of utility trailers or 1,929
trailers for transporting motorcycles, snowmobiles, or 1,930
48
all-purpose vehicles may apply for registration with the 1,931
registrar of motor vehicles for each place in this state where he 1,932
THE MANUFACTURER OR DISTRIBUTOR carries on the business of 1,933
manufacturing or distributing such trailers. Applications for 1,935
annual registration shall be made at the time provided for 1,936
payment of the tax imposed by section 4503.09 of the Revised 1,937
Code; shall be in the manner to be prescribed by the registrar; 1,938
and shall be accompanied by an affidavit certifying that the 1,939
applicant is a manufacturer or distributor of utility trailers or 1,940
trailers for transporting motorcycles, snowmobiles, or 1,941
all-purpose vehicles. The fee TAX for such registration shall be 1,942
twenty-five dollars and shall not be reduced when the 1,943
registration is for a part of a year.
Upon the filing of the application and affidavit, and 1,945
payment of the fee TAX AND APPROPRIATE POSTAGE AS REQUIRED BY THE 1,946
REGISTRAR, the registrar shall assign to the applicant a 1,947
distinctive number which shall be displayed on the rear of each 1,948
trailer when it is operated on the public highway. Any trailer 1,949
for transporting motorcycles, snowmobiles, or all-purpose 1,950
vehicles that is not loaded may be operated on the public highway 1,951
until it is sold or transferred; and any utility trailer that is 1,952
not loaded, or that is being used to transport another utility 1,953
trailer for purposes of demonstration or delivery, may be 1,954
operated on the public highway until it is sold or transferred. 1,955
At the time the registrar assigns the distinctive number, 1,957
he THE REGISTRAR shall furnish one placard with the number 1,958
thereon. The manufacturer or distributor may procure A 1,959
REASONABLE NUMBER OF certified copies of the registration 1,961
certificate upon the payment of a fee TAX of five dollars AND 1,962
POSTAGE. With each of such certified copies, the registrar shall 1,963
furnish one placard with the same number provided in the original 1,964
registration certificate, and shall add thereto such special 1,965
designation as necessary to distinguish one set of placards from 1,966
another. All placards furnished by the registrar pursuant to 1,967
49
this section shall be so marked as to be distinguishable from 1,968
placards issued to dealers in or manufacturers of motor vehicles 1,969
or trailers for transporting watercraft. 1,970
The fees TAXES collected by the registrar pursuant to this 1,972
section shall be paid into the state bureau of motor vehicles 1,973
fund established by section 4501.25 of the Revised Code and used 1,974
for the purposes described in that section. 1,975
Sec. 4503.33. A person, firm, or corporation engaged in 1,984
this state as a drive-away operator or trailer transporter or 1,985
both in the business of transporting and delivering, by means of 1,986
the full mount method, the saddle mount method, the tow bar 1,987
method, tow-away method, or any combination thereof, or under 1,988
their own power, new motor vehicles from the manufacturer or any 1,989
other point of origin to any point of destination, or used motor 1,990
vehicles from any individual, firm, or corporation to any point 1,991
of destination, or both, shall make application to the registrar 1,992
of motor vehicles for an "in transit" permit. This application 1,993
shall be accompanied by a registration fee TAX of fifty dollars, 1,994
and shall show such information as deemed IS CONSIDERED necessary 1,996
by the registrar. Upon the filing of the application and the 1,997
payment of the fee ANNUAL TAX AND APPROPRIATE POSTAGE AS REQUIRED 1,998
BY THE REGISTRAR, the registrar shall issue to each permittee a 1,999
certificate of registration bearing a distinctive number or 2,000
designation of the registration and one placard bearing a 2,001
corresponding number or designation, which placard must be 2,002
carried and displayed by each such motor vehicle in like manner 2,003
as provided by law for other motor vehicles while operated upon a 2,004
public highway in transit from the manufacturer or any other 2,005
point of origin to any point of destination. 2,006
Such A permittee may procure A REASONABLE NUMBER OF 2,008
certified copies of such registration certificate upon the 2,010
payment of a fee TAX of three dollars AND POSTAGE. With each 2,011
such certified copy the registrar shall furnish one placard with 2,012
the same numbering or designation provided in the original 2,013
50
registration certificate, and he THE REGISTRAR may add thereto 2,014
such special designation as may be necessary to distinguish one 2,015
placard from another.
No person required to register an apportionable vehicle 2,017
under the international registration plan shall apply for or 2,018
receive a placard for that vehicle under this section. 2,019
Sec. 4503.84. The registrar of motor vehicles shall MAY 2,028
PRESCRIBE RULES TO make license plates and validation stickers 2,029
available for purchase in the year following the expiration of 2,030
the license plate and validation sticker OR WHEN THE LICENSE 2,031
PLATE DESIGN NO LONGER IS ISSUED OR IN SERVICE. The price of 2,032
each license plate shall be five dollars; the price of each 2,033
validation sticker shall be two dollars.
Sec. 4505.021. ANY CONTRACT AWARDED FOR THE PRINTING OF 2,035
CERTIFICATES OF TITLE IS SUBJECT TO DIVISION (C) OF SECTION 2,037
125.09 OF THE REVISED CODE AND DIVISION (B) OF SECTION 125.11 OF 2,038
THE REVISED CODE, BUT IS NOT SUBJECT TO SECTION 125.56 OF THE 2,039
REVISED CODE. 2,040
Sec. 4505.07. (A) A certificate of title shall be printed 2,049
upon a special paper with a secure printing process or other 2,050
secure process, for the printing of motor vehicle titles, as 2,051
required by section 2 of the "Truth in Mileage Act of 1986," 100 2,052
Stat. 3309, 15 U.S.C.A. 1901 et seq. 2,053
(B) Every certificate of title shall bear the 2,055
distinguishing number assigned to the title, and shall contain, 2,056
on the front of the certificate, the following information: 2,057
(1) An indication that the certificate is issued in this 2,059
state; 2,060
(2) The county in which the certificate is issued; 2,062
(3) An indication that the certificate is an original, 2,064
memorandum, duplicate, or salvage certificate; 2,065
(4) The date of issuance of the certificate; 2,067
(5) The name and address of the owner, in full; 2,069
(6) The name and address of the previous owner, in full; 2,071
51
(7) The previous certificate of title number; 2,073
(8) The state in which the vehicle previously was titled; 2,075
(9) The make, body type, year, model, and vehicle 2,077
identification number of the vehicle; 2,078
(10) First and second lien notation information, including 2,081
the name and address of the lienholder in full and the date of 2,082
the lien notation; 2,083
(11) For discharging and canceling the lien notation, a 2,085
notice that states: "lien discharge," a space for the signature 2,086
of the lienholder, the discharge date, a space for the signature 2,088
of the clerk of the court of common pleas, the cancellation date, 2,090
and a space for the notation of the deputy clerk; 2,091
(12) The purchase price of the motor vehicle and the 2,093
amount of Ohio sales or use tax paid; 2,094
(13) The mileage registered on the odometer and the status 2,097
of the odometer of the vehicle at the time the previous title was 2,099
assigned;
(14) A space for the seal of the clerk; 2,101
(15) The signature of the clerk; 2,103
(16) A space for the notation of the deputy clerk; 2,105
(17) A space for other pertinent information as may be 2,107
required by the registrar of motor vehicles; 2,108
(18) A consecutive number for control purposes; 2,110
(19) In the case of a vehicle last previously registered 2,112
in another state, a space to be used for recording any notation 2,113
applicable to the vehicle and the abbreviation of the state in 2,114
which the vehicle was last registered, as required by divisions 2,115
(B)(1) and (2) of section 4505.08 of the Revised Code; 2,116
(20) IN THE CASE OF A VEHICLE LAST PREVIOUSLY REGISTERED 2,118
IN THIS STATE, A SPACE TO BE USED FOR RECORDING ANY INFORMATION 2,119
APPLICABLE TO THE VEHICLE AS REQUIRED BY DIVISION (C) OF SECTION 2,120
4505.08 OF THE REVISED CODE OR BY RULE OF THE REGISTRAR OF MOTOR 2,121
VEHICLES ADOPTED UNDER THAT DIVISION.
(C) If the certificate of title is a duplicate 2,123
52
certificate, that fact and the original title number must be 2,124
stated on the front of the duplicate certificate. 2,125
(D) If the certificate of title is a memorandum 2,127
certificate, that fact and the original title number must be 2,128
stated on the front of the memorandum certificate. 2,129
(E) If the certificate of title is a salvage certificate, 2,131
that fact and the original title number must be stated on the 2,132
front of the salvage certificate. 2,133
(F) The following information shall appear on the reverse 2,135
side of each certificate of title: 2,136
(1) A notice in bold lettering that states: "ERASURES AND 2,138
ALTERATIONS VOID THIS TITLE ASSIGNMENT. (Type or print in 2,139
ink.)";
(2) The total consideration of the vehicle; 2,141
(3) A disclosure that states: "I (we) certify the vehicle 2,143
described in this title was transferred for the price of 2,145
$.......... to:" and the printed name and address of the buyer 2,146
in full;
(4) An odometer certification statement that states: 2,148
"Federal and state laws require that you state the mileage in 2,149
connection with transfer of ownership. Failure to complete or 2,150
providing false information may result in fines and 2,151
imprisonment."
The odometer certification language as required by federal law 2,153
and division (C) of section 4505.06 of the Revised Code. 2,154
(5) A disclosure that states: "I (we) warrant the title 2,156
to be free of all liens."; 2,157
(6) A space for the signature of the transferor and the 2,160
transferor's printed name and address in full;
(7) A space for the seal of the clerk or a notary; 2,162
(8) The acknowledgment statement of the clerk, the deputy 2,165
clerk, or a notary;
(9) A space for the signature of the clerk, the deputy 2,167
clerk, or a notary; 2,168
53
(10) The buyer's odometer acknowledgment statement, with a 2,171
space for the buyer's printed name and address;
(11) A notice in bold lettering that states: "WARNING TO 2,173
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required 2,174
by law to state the true selling price. A false statement is in 2,176
violation of section 2921.13 of the Revised Code and is 2,177
punishable by six months' imprisonment or a fine of up to one 2,178
thousand dollars, or both. All transfers are audited by the 2,179
department of taxation.
The seller and buyer must provide any information requested 2,181
by the department of taxation. The buyer may be assessed any 2,182
additional tax found to be due." 2,183
(12) An application for a certificate of title, memorandum 2,186
certificate of title, or salvage certificate of title, as 2,187
prescribed by the registrar, which shall include all of the 2,189
following:
(a) A disclosure that states: "Application for 2,192
certificate of title (type or print in ink)";
(b) A disclosure that states: "Fee of $5.00 for failure 2,195
to apply for title within 30 days of assignment."; 2,196
(c) A space for the applicant's printed name and address: 2,199
(d) A pace SPACE for the applicant's social security 2,202
number or employer's identification number;
(e) A space for the purchase price, tax paid, or tax 2,205
exemption reason, or dealer's permit number, and vendor's number, 2,206
and condition of the vehicle;
(f) A disclosure statement that states: "Lien 2,209
information: If no lien state "none." If more than one lien, 2,210
attach statement of all additional liens.";
(g) A space for the lienholder's name and address; dress; 2,213
(h) A disclosure statement that states: "I (we) state 2,216
that all information contained in this application is true and 2,217
correct.";
(i) A space for the applicant's signature; 2,220
54
(j) A space for the acknowledgment statement of the clerk, 2,223
the deputy clerk, or a notary;
(k) A space for the seal of the clerk or a notary; 2,226
(l) A space for the signature of the clerk, the deputy 2,229
clerk, or a notary;
(m) Any other pertinent information as may be required by 2,232
the registrar.
Sec. 4505.08. (A) The clerk of the court of common pleas 2,241
shall issue certificates of title in duplicate. One copy shall 2,242
be retained and filed by the clerk in the clerk's office. The 2,244
clerk shall sign and affix the clerk's seal to the original 2,245
certificate of title and, if there are no liens on the motor 2,247
vehicle, shall deliver the certificate to the applicant or the 2,248
selling dealer. If there are one or more liens on the motor 2,250
vehicle, the certificate of title shall be delivered to the 2,251
holder of the first lien or the selling dealer, who shall deliver
the certificate of title to the holder of the first lien. 2,252
The registrar of motor vehicles shall prescribe a uniform 2,254
method of numbering certificates of title, and such numbering 2,255
shall be in such manner that the county of issuance is indicated. 2,256
The clerk shall assign numbers to certificates of title in the 2,257
manner prescribed by the registrar. The clerk shall file all 2,258
certificates of title according to regulations to be prescribed 2,259
by the registrar, and the clerk shall maintain in the clerk's 2,260
office indexes for the certificates of title. 2,262
The clerk need not retain on file any current certificates 2,265
of title, current duplicate certificates of title, current 2,266
memorandum certificates of title, or current salvage certificates 2,267
of title, or supporting evidence thereof covering any motor 2,268
vehicle or manufactured home for a period longer than seven years 2,269
after the date of its filing; thereafter the same may be 2,271
destroyed. The clerk need not retain on file any inactive 2,272
records including certificates of title, duplicate certificates 2,273
of title, memorandum certificates of title, or supporting 2,274
55
evidence thereof covering any motor vehicle or manufactured home 2,275
for a period longer than five years after the date of its filing; 2,276
thereafter, the same may be destroyed. The clerk shall retain 2,277
the active index and all active records in the data base of the
computer in the clerk's office, and shall retain in the data base 2,279
a record and index of all inactive titles for ten years. If the 2,280
clerk provides a written copy of any information contained in the 2,281
data base, the copy shall be considered the original for purposes 2,282
of the clerk certifying the record of such information for use in
any legal proceeding. 2,283
(B)(1) If the clerk issues a certificate of title for a 2,285
motor vehicle that was last previously registered in another 2,286
state, the clerk shall record verbatim, where practicable, in the 2,288
space on the title described in division (B)(19) of section 2,289
4505.07 of the Revised Code, the words that appear as a notation 2,290
to the vehicle on the title issued by the previous state. These 2,291
notations may include, but are not limited to, words to the 2,292
effect that the vehicle was considered or was categorized by the 2,293
state in which it was last previously registered to be a law 2,294
enforcement vehicle, a taxicab, or was once in a flood. 2,295
(2) If the clerk, while issuing a certificate of title for 2,297
a motor vehicle that was last previously registered in another 2,298
state, receives information from the automated title processing 2,299
system indicating that a title to the vehicle previously was 2,300
issued by this state and that the previous title contained 2,301
notations that appeared in the space described in division 2,302
(B)(19) OR (20) of section 4505.07 of the Revised Code, the clerk 2,303
shall enter the notations that appeared on the previous 2,304
certificate of title issued by this state on the new certificate 2,305
of title in the space described in division (B)(19) OR (20) of 2,306
section 4505.07 of the Revised Code, irrespective of whether the 2,307
notations appear on the certificate of title issued by the state 2,308
in which the vehicle was last previously registered. 2,309
(3) If the clerk, while issuing a certificate of title for 2,311
56
a motor vehicle that was last previously registered in another 2,312
state, receives information from the automated title processing 2,313
system indicating that the vehicle was previously issued a title 2,314
by this state and that the previous title bore the notation 2,316
"REBUILT SALVAGE" as required by division (E) of section 4505.11
of the Revised Code, or the previous title to the vehicle issued 2,317
by this state was a salvage certificate of title, the clerk shall 2,318
cause the certificate of title the clerk issues to bear the 2,319
notation "REBUILT SALVAGE" in the location prescribed by the 2,320
registrar pursuant to that division. 2,321
(C) WHEN THE CLERK ISSUES A CERTIFICATE OF TITLE FOR A 2,323
MOTOR VEHICLE THAT WAS LAST PREVIOUSLY REGISTERED IN THIS STATE 2,324
AND WAS A LAW ENFORCEMENT VEHICLE, A TAXICAB, OR WAS ONCE IN A 2,325
FLOOD, THE CLERK SHALL RECORD THAT INFORMATION IN THE SPACE ON 2,326
THE TITLE DESCRIBED IN DIVISION (B)(20) OF SECTION 4505.07 OF THE 2,327
REVISED CODE. THE REGISTRAR, BY RULE, MAY PRESCRIBE ANY 2,328
ADDITIONAL USES OF OR HAPPENINGS TO A MOTOR VEHICLE THAT THE
REGISTRAR HAS REASON TO BELIEVE SHOULD BE NOTED ON THE 2,329
CERTIFICATE OF TITLE AS PROVIDED IN THIS DIVISION. 2,330
(4)(D) The clerk shall use reasonable care in recording or 2,332
entering onto titles the clerk issues any notation and 2,333
information the clerk is required by division DIVISIONS (B) AND 2,335
(C) of this section to record or enter and in causing the titles 2,336
the clerk issues to bear any notation required by that division 2,337
THOSE DIVISIONS, but the clerk is not liable for any of the 2,338
clerk's errors or omissions or those of the clerk's deputies, or 2,339
the automated title processing system, in the performance of the 2,340
duties imposed on the clerk by this section. 2,341
(C)(E) The clerk may issue a duplicate title, when duly 2,343
applied for, of any title that has been destroyed as herein 2,344
provided.
Sec. 4506.01. As used in this chapter: 2,353
(A) "Alcohol concentration" means the concentration of 2,355
alcohol in a person's blood, breath, or urine. When expressed as 2,356
57
a percentage, it means grams of alcohol per the following: 2,357
(1) One hundred milliliters of blood; 2,359
(2) Two hundred ten liters of breath; 2,361
(3) One hundred milliliters of urine. 2,363
(B) "School bus" has the same meaning as in section 2,365
4511.01 of the Revised Code. 2,366
(C) "Commercial driver's license" means a license, 2,368
including a probationary commercial driver's license, issued in 2,369
accordance with this chapter that authorizes an individual to 2,370
drive a commercial motor vehicle. 2,371
(D) "Commercial driver license information system" means 2,373
the information system established pursuant to the requirements 2,374
of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 2,375
3207-171, 49 U.S.C.A. App. 2701. 2,376
(E) "Commercial motor vehicle" means any motor vehicle 2,378
designed or used to transport persons or property that meets any 2,379
of the following qualifications: 2,380
(1) Any combination of vehicles with a combined gross 2,382
vehicle weight rating of twenty-six thousand one pounds or more, 2,383
provided the gross vehicle weight rating of the vehicle or 2,384
vehicles being towed is in excess of ten thousand pounds; 2,385
(2) Any single vehicle with a gross vehicle weight rating 2,387
of twenty-six thousand one pounds or more, or any such vehicle 2,388
towing a vehicle having a gross vehicle weight rating that is not 2,389
in excess of ten thousand pounds; 2,390
(3) Any single vehicle or combination of vehicles that is 2,392
not a class A or class B vehicle, but that either is designed to 2,393
transport sixteen or more passengers including the driver, or is 2,394
placarded for hazardous materials; 2,395
(4) Any school bus with a gross vehicle weight rating of 2,398
less than twenty-six thousand one pounds that is designed to 2,399
transport fewer than sixteen passengers including the driver; 2,400
(5) Is transporting hazardous materials for which 2,402
placarding is required by regulations adopted under the 2,403
58
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 2,404
49 U.S.C.A. 1801, as amended; 2,405
(6) Any single vehicle or combination of vehicles that is 2,407
designed to be operated and to travel on a public street or 2,408
highway and is considered by the federal highway administration 2,409
to be a commercial motor vehicle, including, but not limited to, 2,410
a motorized crane, a vehicle whose function is to pump cement, a 2,411
rig for drilling wells, and a portable crane.
(F) "Controlled substance" means all of the following: 2,413
(1) Any substance classified as a controlled substance 2,415
under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 2,416
U.S.C.A. 802(6), as amended; 2,417
(2) Any substance included in schedules I through V of 21 2,419
C.F.R. part 1308, as amended; 2,420
(3) Any drug of abuse. 2,422
(G) "Conviction" means an unvacated adjudication of guilt 2,424
or a determination that a person has violated or failed to comply 2,425
with the law in a court of original jurisdiction or an authorized 2,426
administrative tribunal, an unvacated forfeiture of bail or 2,427
collateral deposited to secure the person's appearance in court, 2,428
the payment of a fine or court cost, or violation of a condition 2,429
of release without bail, regardless of whether or not the penalty 2,430
is rebated, suspended, or probated. 2,431
(H) "Disqualification" means withdrawal of the privilege 2,433
to drive a commercial motor vehicle. 2,434
(I) "Drive" means to drive, operate, or be in physical 2,436
control of a motor vehicle. 2,437
(J) "Driver" means any person who drives, operates, or is 2,439
in physical control of a commercial motor vehicle or is required 2,440
to have a commercial driver's license. 2,441
(K) "Driver's license" means a license issued by the 2,443
bureau of motor vehicles that authorizes an individual to drive. 2,444
(L) "Drug of abuse" means any controlled substance, 2,446
dangerous drug as defined in section 4729.02 of the Revised Code, 2,447
59
or over-the-counter medication that, when taken in quantities 2,448
exceeding the recommended dosage, can result in impairment of 2,449
judgment or reflexes. 2,450
(M) "Employer" means any person, including the federal 2,452
government, any state, and a political subdivision of any state, 2,453
that owns or leases a commercial motor vehicle or assigns a 2,454
person to drive such a motor vehicle. 2,455
(N) "Endorsement" means an authorization on a person's 2,457
commercial driver's license that is required to permit the person 2,458
to operate a specified type of commercial motor vehicle. 2,459
(O) "Felony" means any offense under federal or state law 2,461
that is punishable by death or specifically classified as a 2,462
felony under the law of this state, regardless of the penalty 2,463
that may be imposed. 2,464
(P) "Foreign jurisdiction" means any jurisdiction other 2,466
than a state. 2,467
(Q) "Gross vehicle weight rating" means the value 2,469
specified by the manufacturer as the maximum loaded weight of a 2,470
single or a combination vehicle. The gross vehicle weight rating 2,471
of a combination vehicle is the gross vehicle weight rating of 2,472
the power unit plus the gross vehicle weight rating of each towed 2,473
unit. 2,474
(R) "Hazardous materials" means materials identified as 2,476
such under regulations adopted under the "Hazardous Materials 2,477
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as 2,478
amended. 2,479
(S) "Motor vehicle" has the same meaning as in section 2,481
4511.01 of the Revised Code. 2,482
(T) "Out-of-service order" means a temporary prohibition 2,484
against driving a commercial motor vehicle issued under this 2,485
chapter or a similar law of another state or of a foreign 2,486
jurisdiction. 2,487
(U) "Residence" means any person's residence determined in 2,489
accordance with section 3503.02 of the Revised Code STANDARDS 2,490
60
PRESCRIBED IN RULES ADOPTED BY THE REGISTRAR. 2,491
(V) "TEMPORARY RESIDENCE" MEANS RESIDENCE ON A TEMPORARY 2,493
BASIS AS DETERMINED BY THE REGISTRAR IN ACCORDANCE WITH STANDARDS 2,494
PRESCRIBED IN RULES ADOPTED BY THE REGISTRAR. 2,495
(W) "Serious traffic violation" means a conviction arising 2,497
from the operation of a commercial motor vehicle that involves 2,498
any of the following: 2,499
(1) A single charge of any speed that is in excess of the 2,501
posted speed limit by an amount specified by the United States 2,502
secretary of transportation and that the director of public 2,503
safety designates as such by rule; 2,504
(2) Violation of section 4511.20, 4511.201, or 4511.202 of 2,506
the Revised Code or any similar ordinance or resolution, or of 2,507
any similar law of another state or political subdivision of 2,508
another state; 2,509
(3) Violation of a law of this state or an ordinance or 2,511
resolution relating to traffic control, other than a parking 2,512
violation, or of any similar law of another state or political 2,513
subdivision of another state, that results in a fatal accident; 2,514
(4) Violation of any other law of this state or an 2,516
ordinance or resolution relating to traffic control, other than a 2,517
parking violation, that is determined to be a serious traffic 2,518
violation by the United States secretary of transportation and 2,519
the director designates as such by rule. 2,520
(W)(X) "State" means a state of the United States and 2,522
includes the District of Columbia. 2,523
(X)(Y) "Tank vehicle" means any commercial motor vehicle 2,525
that is designed to transport any liquid or gaseous materials 2,526
within a tank that is either permanently or temporarily attached 2,527
to the vehicle or its chassis, but does not include any portable 2,528
tank having a rated capacity of less than one thousand gallons. 2,529
(Y)(Z) "United States" means the fifty states and the 2,531
District of Columbia. 2,532
(Z)(AA) "Vehicle" has the same meaning as in section 2,534
61
4511.01 of the Revised Code. 2,535
(AA)(BB) "Peace officer" has the same meaning as in 2,537
section 2935.01 of the Revised Code. 2,538
(BB) "Probationary commercial driver's license" means the 2,540
license issued to a person between eighteen and twenty-one years 2,541
of age. 2,542
Sec. 4506.08. (A) Each application for a commercial 2,551
driver's license temporary instruction permit shall be 2,552
accompanied by a fee of ten dollars; except as provided in 2,553
division (B) of this section, each application for a commercial 2,554
driver's license, restricted commercial driver's license, or 2,555
renewal of such a license, or for a probationary commercial 2,556
driver's license shall be accompanied by a fee of twenty-five 2,557
dollars; and each application for a duplicate commercial driver's 2,558
license shall be accompanied by a fee of ten dollars. In 2,559
addition, the registrar OF MOTOR VEHICLES or deputy registrar may 2,560
collect and retain an additional fee of no more than two dollars 2,561
and twenty-five cents for each application for a commercial 2,562
driver's license temporary instruction permit, commercial 2,563
driver's license, renewal of a commercial driver's license, or
duplicate commercial driver's license received by him THE 2,565
REGISTRAR OR DEPUTY. No fee shall be charged for the annual 2,566
issuance of a waiver for farm-related service industries pursuant 2,567
to section 4506.24 of the Revised Code. 2,568
Each deputy registrar shall transmit the fees collected to 2,570
the registrar of motor vehicles at the time and in the manner 2,571
prescribed by the registrar by rule. The registrar shall pay the 2,572
fees into the state highway safety fund established in section 2,573
4501.06 of the Revised Code. 2,574
(B) Each application for a probationary commercial 2,576
driver's license shall be accompanied by whichever of the 2,577
following fees is applicable: 2,578
(1) If the person is eighteen years of age or older, but 2,580
less than nineteen years of age, a fee of eighteen dollars and 2,581
62
seventy-five cents; 2,582
(2) If the person is nineteen years of age or older, but 2,584
less than twenty years of age, a fee of twelve dollars and fifty 2,585
cents; 2,586
(3) If the person is twenty years of age or older, but 2,588
less than twenty-one years of age, a fee of six dollars and 2,589
twenty-five cents. 2,590
(C) Information regarding the driving record of any person 2,592
holding a commercial driver's license issued by this state shall 2,593
be furnished by the registrar, upon request and payment of a fee 2,594
of three dollars, to the employer or prospective employer of such 2,595
a person and to any insurer. 2,596
Sec. 4506.14. (A) Commercial driver's licenses shall 2,605
expire as follows: 2,606
(1) Except as provided in division (A)(3) of this section, 2,608
each such license issued to replace an operator's or chauffeur's 2,609
license shall expire on the original expiration date of the 2,610
operator's or chauffeur's license and, upon renewal, shall expire 2,611
on the licensee's birthday in the fourth year after the date of 2,612
issuance. 2,613
(2) Except as provided in division (A)(3) of this section, 2,615
each such license issued as an original license TO A PERSON WHOSE 2,616
RESIDENCE IS IN THIS STATE shall expire on the licensee's 2,618
birthday in the fourth year after the date of issuance, AND EACH 2,619
SUCH LICENSE ISSUED TO A PERSON WHOSE TEMPORARY RESIDENCE IS IN 2,620
THIS STATE SHALL EXPIRE IN ACCORDANCE WITH RULES ADOPTED BY THE 2,621
REGISTRAR OF MOTOR VEHICLES. A LICENSE ISSUED TO A PERSON WITH A 2,622
TEMPORARY RESIDENCE IN THIS STATE IS NONRENEWABLE, BUT MAY BE 2,623
REPLACED WITH A NEW LICENSE WITHIN NINETY DAYS PRIOR TO ITS 2,624
EXPIRATION UPON THE APPLICANT'S COMPLIANCE WITH ALL APPLICABLE 2,625
REQUIREMENTS. 2,626
(3) Each such license issued to replace the operator's or 2,628
chauffeur's license of a person who is less than twenty-one years 2,629
of age, and each such license issued as an original license to a 2,630
63
person who is less than twenty-one years of age, shall expire on 2,631
the licensee's twenty-first birthday. 2,632
(B) No commercial driver's license shall be issued for a 2,635
period longer than four years AND NINETY DAYS. Except as
provided in section 4507.12 of the Revised Code, the registrar of 2,637
motor vehicles may waive the examination of any person applying 2,638
for the renewal of a commercial driver's license issued under 2,639
this chapter, provided that the applicant presents either an 2,640
unexpired commercial driver's license or a commercial driver's 2,641
license that has expired not more than six months prior to the 2,642
date of application.
(C) Subject to the requirements of this chapter AND EXCEPT 2,644
AS PROVIDED IN DIVISION (A)(2) OF THIS SECTION IN REGARD TO A 2,645
PERSON WHOSE TEMPORARY RESIDENCE IS IN THIS STATE, every 2,646
commercial driver's license shall be renewable sixty NINETY days 2,647
before its expiration upon payment of the fees required by 2,648
section 4506.08 of the Revised Code. Each person applying for 2,649
renewal of a commercial driver's license shall complete the
application form prescribed by section 4506.07 of the Revised 2,651
Code and shall provide all certifications required. If the 2,652
person wishes to retain an endorsement authorizing him THE PERSON 2,653
to transport hazardous materials, he THE PERSON shall take and 2,654
successfully complete the written test for the endorsement. 2,655
(D) Each person licensed as a driver under this chapter 2,657
shall notify the registrar of any change in the person's address 2,659
within ten days following that change. The notification shall be 2,660
in writing on a form provided by the registrar and shall include 2,661
the full name, date of birth, license number, county of 2,662
residence, social security number, and new address of the person. 2,663
Sec. 4507.01. (A) As used in this chapter, "motor 2,672
vehicle," "motorized bicycle," "state," "owner," "operator," 2,673
"chauffeur," and "highways" have the same meanings as in section 2,674
4501.01 of the Revised Code. 2,675
"Driver's license" means a class D license issued to any 2,677
64
person to operate a motor vehicle or motor-driven cycle, other 2,678
than a commercial motor vehicle, and includes "probationary 2,679
license," "restricted license," and any operator's or chauffeur's 2,680
license issued before January 1, 1990. 2,681
"Probationary license" means the license issued to any 2,683
person between sixteen and eighteen years of age to operate a 2,684
motor vehicle. 2,685
"Restricted license" means the license issued to any person 2,687
to operate a motor vehicle subject to conditions or restrictions 2,688
imposed by the registrar OF MOTOR VEHICLES. 2,689
"Commercial driver's license" means the license issued to a 2,691
person under Chapter 4506. of the Revised Code to operate a 2,692
commercial motor vehicle. 2,693
"Commercial motor vehicle" has the same meaning as in 2,695
section 4506.01 of the Revised Code. 2,696
"Motorized bicycle license" means the license issued under 2,698
section 4511.521 of the Revised Code to any person to operate a 2,699
motorized bicycle including a "probationary motorized bicycle 2,700
license." 2,701
"Probationary motorized bicycle license" means the license 2,703
issued under section 4511.521 of the Revised Code to any person 2,704
between fourteen and sixteen years of age to operate a motorized 2,705
bicycle. 2,706
"Identification card" means a card issued under sections 2,708
4507.50 and 4507.51 of the Revised Code. 2,709
"RESIDENT" MEANS A PERSON WHO, IN ACCORDANCE WITH STANDARDS 2,712
PRESCRIBED IN RULES ADOPTED BY THE REGISTRAR, RESIDES IN THIS
STATE ON A PERMANENT BASIS. 2,713
"TEMPORARY RESIDENT" MEANS A PERSON WHO, IN ACCORDANCE WITH 2,716
STANDARDS PRESCRIBED IN RULES ADOPTED BY THE REGISTRAR, RESIDES 2,717
IN THIS STATE ON A TEMPORARY BASIS.
(B) In the administration of this chapter and Chapter 2,719
4506. of the Revised Code, the registrar of motor vehicles has 2,720
the same authority as is conferred on the registrar by section 2,721
65
4501.02 of the Revised Code. Any act of an authorized deputy 2,722
registrar of motor vehicles under direction of the registrar is 2,723
deemed the act of the registrar. 2,724
To carry out this chapter, the registrar shall appoint such 2,726
deputy registrars in each county as are necessary. 2,727
The registrar shall also SHALL provide at each place where 2,729
an application for a driver's or commercial driver's license or 2,730
identification card may be made the necessary equipment to take a 2,731
color photograph of the applicant for such license or card as 2,732
required under section 4506.11 or 4507.06 of the Revised Code, 2,733
and to conduct the vision screenings required by section 4507.12 2,734
of the Revised Code, and equipment to laminate licenses, 2,735
motorized bicycle licenses, and identification cards as required 2,736
by sections 4507.13, 4507.52, and 4511.521 of the Revised Code. 2,737
The registrar shall assign one or more deputy registrars to 2,739
any driver's license examining station operated under the 2,740
supervision of the state highway patrol, whenever the registrar 2,741
considers such assignment possible. Space shall be provided in 2,742
the driver's license examining station for any such deputy 2,743
registrar so assigned. The deputy registrar REGISTRARS shall not 2,745
exercise the powers conferred by such sections upon the
registrar, unless they are specifically authorized to exercise 2,746
such powers by such sections. 2,747
(C) No agent for any insurance company, writing automobile 2,749
insurance, shall be appointed deputy registrar, and any such 2,750
appointment is void. No deputy registrar shall in any manner 2,751
solicit any form of automobile insurance, nor in any manner 2,752
advise, suggest, or influence any licensee or applicant for 2,753
license for or against any kind or type of automobile insurance, 2,754
insurance company, or agent, nor have his THE DEPUTY REGISTRAR'S 2,755
office directly connected with the office of any automobile 2,756
insurance agent, nor impart any information furnished by any 2,757
applicant for a license or identification card to any person, 2,758
except the registrar. This division shall not apply to any 2,759
66
nonprofit corporation appointed deputy registrar. 2,760
(D) The registrar shall immediately remove a deputy 2,762
registrar who violates the requirements of this chapter. 2,763
(E) The registrar shall periodically solicit bids and 2,765
enter into a contract for the provision of laminating equipment 2,766
and laminating materials to the registrar and all deputy 2,767
registrars. The registrar shall not consider any bid that does 2,768
not provide for the supplying of both laminating equipment and 2,769
laminating materials. The laminating materials selected shall 2,770
contain a security feature so that any tampering with the 2,771
laminating material covering a license or identification card is 2,772
readily apparent. In soliciting bids and entering into a 2,773
contract for the provision of laminating equipment and laminating 2,774
materials, the registrar shall observe all procedures required by 2,775
law. 2,776
Sec. 4507.012. AS USED IN THE REVISED CODE, "SUSPENSION" 2,778
OR "REVOCATION," WHEN APPLIED TO A DRIVER'S LICENSE, MEANS, 2,779
UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE WITHDRAWAL 2,780
FROM A RESIDENT, TEMPORARY RESIDENT, OR NONRESIDENT OF THE 2,781
PRIVILEGE TO OPERATE A MOTOR VEHICLE UPON A STREET OR HIGHWAY IN 2,782
THIS STATE. THE WITHDRAWAL OF THE PRIVILEGE IS EFFECTIVE DURING 2,783
THE ENTIRE PERIOD OF THE SUSPENSION OR REVOCATION AND ALSO 2,784
INCLUDES ANY PERIOD DURING WHICH THE RESIDENT, TEMPORARY 2,785
RESIDENT, OR NONRESIDENT EITHER HAS NOT PAID ANY APPLICABLE 2,786
DRIVER'S LICENSE REINSTATEMENT FEE OR HAS NOT COMPLIED WITH ANY 2,787
OTHER REQUIREMENT GOVERNING LICENSE REINSTATEMENT. 2,788
Sec. 4507.02. (A)(1) No person, except those expressly 2,797
exempted under sections 4507.03, 4507.04, and 4507.05 of the 2,798
Revised Code, shall operate any motor vehicle upon a highway or 2,799
any public or private property used by the public for purposes of 2,800
vehicular travel or parking in this state unless the person has a 2,801
valid driver's license issued under this chapter or a commercial 2,802
driver's license issued under Chapter 4506. of the Revised Code. 2,803
(2) No person shall permit the operation of a motor 2,805
67
vehicle upon any public or private property used by the public 2,806
for purposes of vehicular travel or parking knowing the operator 2,807
does not have a valid driver's license issued to the operator by 2,808
the registrar of motor vehicles under this chapter or a valid 2,809
commercial driver's license issued under Chapter 4506. of the 2,810
Revised Code. 2,811
(3) No person, except a person expressly exempted under 2,813
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall 2,814
operate any motorcycle upon a highway or any public or private 2,815
property used by the public for purposes of vehicular travel or 2,816
parking in this state unless the person has a valid license as a 2,817
motorcycle operator, that was issued upon application by the 2,818
registrar under this chapter. The license shall be in the form 2,819
of an endorsement, as determined by the registrar, upon a 2,820
driver's or commercial driver's license, if the person has a 2,821
valid license to operate a motor vehicle or commercial motor 2,822
vehicle, or in the form of a restricted license as provided in 2,823
section 4507.14 of the Revised Code, if the person does not have 2,824
a valid license to operate a motor vehicle or commercial motor 2,825
vehicle. 2,826
(4) No person shall receive a driver's license, or a 2,828
motorcycle operator's endorsement of a driver's or commercial 2,829
driver's license, unless and until he THE PERSON surrenders to 2,830
the registrar all valid licenses issued to him THE PERSON by 2,832
another jurisdiction recognized by this state. All surrendered 2,834
licenses shall be returned by the registrar to the issuing 2,835
authority, together with information that a license is now issued 2,836
in this state. No person shall be permitted to have more than 2,837
one valid license at any time. 2,838
(B)(1) No person, whose driver's or commercial driver's 2,840
license or permit or nonresident's operating privilege has been 2,841
suspended or revoked pursuant to Chapter 4509. of the Revised 2,842
Code, shall operate any motor vehicle within this state, or 2,843
knowingly permit any motor vehicle owned by him THE PERSON to be 2,844
68
operated by another person in the state, during the period of the 2,846
suspension or revocation, except as specifically authorized by 2,847
Chapter 4509. of the Revised Code. No person shall operate a 2,848
motor vehicle within this state, or knowingly permit any motor 2,849
vehicle owned by him THE PERSON to be operated by another person 2,850
in the state, during the period in which he THE PERSON is 2,852
required by section 4509.45 of the Revised Code to file and 2,854
maintain proof of financial responsibility for a violation of 2,855
section 4509.101 of the Revised Code, unless proof of financial 2,856
responsibility is maintained with respect to that vehicle. 2,857
(2) No person shall operate any motor vehicle upon a 2,859
highway or any public or private property used by the public for 2,860
purposes of vehicular travel or parking in this state in 2,861
violation of any restriction of the person's driver's or 2,862
commercial driver's license imposed under division (D) of section 2,863
4506.10 or section 4507.14 of the Revised Code. 2,864
(C) No person, whose driver's or commercial driver's 2,866
license or permit has been suspended pursuant to section 2,867
4511.191, section 4511.196, or division (B) of section 4507.16 of 2,868
the Revised Code, shall operate any motor vehicle within this 2,869
state until he THE PERSON has paid the license reinstatement fee 2,870
required pursuant to division (L) of section 4511.191 of the 2,872
Revised Code and the license or permit has been returned to the 2,873
person or a new license or permit has been issued to the person. 2,874
(D)(1) No person, whose driver's or commercial driver's 2,876
license or permit or nonresident operating privilege has been 2,877
suspended or revoked under any provision of the Revised Code 2,878
other than Chapter 4509. of the Revised Code or under any 2,879
applicable law in any other jurisdiction in which the person's 2,880
license or permit was issued, shall operate any motor vehicle 2,881
upon the highways or streets within this state during the period 2,882
of the suspension or within one year after the date of the 2,883
revocation. No person who is granted occupational driving 2,884
privileges by any court shall operate any motor vehicle upon the 2,885
69
highways or streets in this state except in accordance with the 2,886
terms of the privileges. 2,887
(2) No person, whose driver's or commercial driver's 2,889
license or permit or nonresident operating privilege has been 2,890
suspended under division (B) of section 4507.16 of the Revised 2,891
Code, shall operate any motor vehicle upon the highways or 2,892
streets within this state during the period of suspension. No 2,893
person who is granted occupational driving privileges by any 2,894
court shall operate any motor vehicle upon the highways or 2,895
streets in this state except in accordance with the terms of 2,896
those privileges. 2,897
(E) It is an affirmative defense to any prosecution 2,899
brought pursuant to division (B), (C), or (D) of this section 2,900
that the alleged offender drove under suspension or in violation 2,901
of a restriction because of a substantial emergency, provided 2,902
that no other person was reasonably available to drive in 2,903
response to the emergency. 2,904
(F)(1) If a person is convicted of a violation of division 2,906
(B), (C), or (D) of this section, the trial judge of any court, 2,907
in addition to or independent of, any other penalties provided by 2,908
law or ordinance, shall impound the identification license plates 2,909
of any motor vehicle registered in the name of the person. The 2,910
court shall send the impounded license plates to the registrar, 2,911
who may retain the license plates until the driver's or 2,912
commercial driver's license of the owner has been reinstated or 2,913
destroy them pursuant to section 4503.232 of the Revised Code. 2,914
If the license plates of a person convicted of a violation 2,916
of division (B), (C), or (D) of this section have been impounded 2,917
in accordance with the provisions of this division, the court 2,918
shall notify the registrar of that action. The notice shall 2,919
contain the name and address of the driver, the serial number of 2,920
his THE DRIVER'S driver's or commercial driver's license, the 2,921
serial numbers of the license plates of the motor vehicle, and 2,923
the length of time for which the license plates have been 2,924
70
impounded. The registrar shall record the data in the notice as 2,925
part of the driver's permanent record. 2,926
(2) Any motor vehicle owner who has had the license plates 2,928
of a motor vehicle impounded pursuant to division (F)(1) of this 2,929
section may apply to the registrar, or to a deputy registrar, for 2,930
special license plates which shall conform to the requirements of 2,931
section 4503.231 of the Revised Code. The registrar or deputy 2,932
registrar forthwith shall notify the court of the application 2,933
and, upon approval of the court, shall issue special license 2,934
plates to the applicant. Until the driver's or commercial 2,935
driver's license of the owner is reinstated, any new license 2,936
plates issued to him THE OWNER also shall conform to the 2,937
requirements of section 4503.231 of the Revised Code. 2,939
A fee of two dollars and fifty cents THE REGISTRAR OR 2,941
DEPUTY REGISTRAR shall be charged CHARGE THE OWNER OF A VEHICLE 2,942
THE FEES PROVIDED IN SECTION 4503.19 OF THE REVISED CODE for 2,943
every set of special license plates that are issued in accordance 2,944
with this division, except upon renewal as specified in section 2,945
4503.10 of the Revised Code, when the regular fee as provided in 2,946
section 4503.04 of the Revised Code shall be charged. Whenever a 2,947
set of THE REGISTRAR OR DEPUTY REGISTRAR SHALL CHARGE THE OWNER 2,948
OF A VEHICLE THE FEES PROVIDED IN SECTION 4503.19 OF THE REVISED 2,949
CODE WHENEVER special license plates is ARE exchanged, by reason 2,950
of the reinstatement of the driver's or commercial driver's 2,951
license of the owner, for those ordinarily issued, no fee shall 2,952
be charged.
(3) If an owner wishes to sell a motor vehicle during the 2,954
time the special license plates provided under division (F)(2) of 2,955
this section are in use, he THE OWNER may apply to the court that 2,957
impounded the license plates of the motor vehicle for permission 2,958
to transfer title to the motor vehicle. If the court is 2,959
satisfied that the sale will be made in good faith and not for 2,960
the purpose of circumventing the provisions of this section, it 2,961
may certify its consent to the owner and to the registrar of 2,962
71
motor vehicles who shall enter notice of the transfer of the 2,963
title of the motor vehicle in the vehicle registration record. 2,964
If, during the time the special license plates provided 2,966
under division (F)(2) of this section are in use, the title to a 2,967
motor vehicle is transferred by the foreclosure of a chattel 2,968
mortgage, a sale upon execution, the cancellation of a 2,969
conditional sales contract, or by order of a court, the court 2,970
shall notify the registrar of the action and the registrar shall 2,971
enter notice of the transfer of the title to the motor vehicle in 2,972
the vehicle registration record. 2,973
(G) This section is not intended to change or modify any 2,975
provision of Chapter 4503. of the Revised Code with respect to 2,976
the taxation of motor vehicles or the time within which the taxes 2,977
on motor vehicles shall be paid. 2,978
Sec. 4507.021. (A) Every county court judge, mayor of a 2,987
mayor's court, and clerk of a court of record shall keep a full 2,988
record of every case in which a person is charged with any 2,989
violation of sections 4511.01 to 4511.771, 4511.99, and 4513.01 2,990
to 4513.36 of the Revised Code, or of any other law or ordinance 2,991
regulating the operation of vehicles, streetcars, and trackless 2,992
trolleys on highways or streets. 2,993
A United States district court whose jurisdiction lies 2,996
within this state may keep a full record of every case in which a 2,997
person is charged with any violation of sections 4511.01 to 2,998
4511.771, 4511.99, and 4513.01 to 4513.36 of the Revised Code, or 2,999
of any other law or ordinance regulating the operation of 3,000
vehicles, streetcars, and trackless trolleys on highways or 3,001
streets located on federal property within this state. 3,002
(B) If a person is convicted of or forfeits bail in 3,004
relation to a violation of any section listed in division (A) of 3,005
this section or a violation of any other law or ordinance 3,006
regulating the operation of vehicles, streetcars, and trackless 3,007
trolleys on highways or streets, the county court judge, mayor of 3,008
a mayor's court, or clerk, within ten days after the conviction 3,009
72
or bail forfeiture, shall prepare and immediately forward to the 3,010
bureau of motor vehicles an abstract, certified by the preparer 3,011
to be true and correct, of the court record covering the case in 3,012
which the person was convicted or forfeited bail. 3,013
If a person is convicted of or forfeits bail in relation to 3,016
a violation of any section listed in division (A) of this section
or a violation of any other law or ordinance regulating the 3,017
operation of vehicles, streetcars, and trackless trolleys on 3,018
highways or streets, a United States district court whose 3,019
jurisdiction lies within this state, within ten days after the 3,020
conviction or bail forfeiture, may prepare and immediately 3,021
forward to the bureau an abstract, certified by the preparer to 3,022
be true and correct, of the court record covering the case in 3,023
which the person was convicted or forfeited bail. 3,024
(C)(1) Each abstract required by division (B) of this 3,026
section shall be made upon a form approved and furnished by the 3,027
bureau and shall include the name and address of the person 3,028
charged, the number of the person's the party's driver's or 3,029
commercial driver's license, the registration number of the 3,030
vehicle involved, the nature of the offense, the date of the 3,031
offense, the date of hearing, the plea, the judgment, or whether 3,032
bail was forfeited, and the amount of the fine or forfeiture. 3,033
If a United States district court whose jurisdiction lies 3,036
within this state utilizes the provision contained in division 3,037
(B) of this section and forwards an abstract to the bureau, on a 3,038
form approved and furnished by the bureau, containing all the 3,039
information prescribed in division (C)(1) of this section, the 3,040
bureau shall accept and process the abstract in the same manner 3,041
as it accepts and processes an abstract received from a county 3,042
judge, mayor of a mayor's court, or clerk of a court of record. 3,043
(2)(a) If a person is charged with a violation of section 3,045
4511.19 of the Revised Code or a violation of any ordinance 3,046
relating to operating a vehicle while under the influence of 3,047
alcohol, a drug of abuse, or alcohol and a drug of abuse or 3,048
73
relating to operating a vehicle with a prohibited concentration 3,049
of alcohol in the blood, breath, or urine; if that charge is 3,050
dismissed or reduced; if the person is convicted of or forfeits 3,051
bail in relation to a violation of any other section of the 3,052
Revised Code or of any ordinance that regulates the operation of 3,053
vehicles, streetcars, and trackless trolleys on highways and 3,054
streets but that does not relate to operating a vehicle while 3,055
under the influence of alcohol, a drug of abuse, or alcohol and a 3,056
drug of abuse or to operating a vehicle with a prohibited 3,057
concentration of alcohol in the blood, breath, or urine; and if 3,058
the violation of which the person was convicted or in relation to 3,059
which the person forfeited bail arose out of the same facts and 3,060
circumstances and the same act as did the charge that was 3,061
dismissed or reduced, the abstract also shall set forth the 3,062
charge that was dismissed or reduced, indicate that it was 3,063
dismissed or reduced, and indicate that the violation resulting 3,064
in the conviction or bail forfeiture arose out of the same facts 3,065
and circumstances and the same act as did the charge that was 3,066
dismissed or reduced. 3,067
(b) If a charge against a person of a violation of 3,069
division (B)(1) or (D)(2) of section 4507.02 of the Revised Code 3,070
or any municipal ordinance that is substantially equivalent to 3,071
that division is dismissed or reduced and if the person is 3,072
convicted of or forfeits bail in relation to a violation of any 3,073
other section of the Revised Code or any other ordinance that 3,074
regulates the operation of vehicles, streetcars, and trackless 3,075
trolleys on highways and streets that arose out of the same facts 3,076
and circumstances as did the charge that was dismissed or 3,077
reduced, the abstract also shall set forth the charge that was 3,078
dismissed or reduced, indicate that it was dismissed or reduced, 3,079
and indicate that the violation resulting in the conviction or 3,080
bail forfeiture arose out of the same facts and circumstances and 3,081
the same act as did the charge that was dismissed or reduced. 3,082
(3) If a person was convicted of or pleaded guilty to a 3,084
74
violation of division (B)(1) or (D)(2) of section 4507.02 of the 3,085
Revised Code, a substantially equivalent municipal ordinance, 3,086
section 4507.33 or division (A) of section 4511.19 of the Revised 3,087
Code, or a municipal ordinance relating to operating a vehicle 3,089
while under the influence of alcohol, a drug of abuse, or alcohol 3,090
and a drug of abuse or with a prohibited concentration of alcohol 3,091
in the blood, breath, or urine, and division (E) of section 3,092
4503.234 of the Revised Code prohibits the registrar of motor 3,093
vehicles and all deputy registrars from accepting an application 3,095
for the registration of, or registering, any motor vehicle in the 3,096
name of that person, the abstract shall specifically set forth 3,097
these facts and clearly indicate the date on which the order of 3,098
criminal forfeiture was issued or would have been issued but for 3,099
the operation of division (C) of section 4503.234 or section 3,100
4503.235 of the Revised Code. If the registrar receives an 3,101
abstract containing this information relating to a person, the 3,102
registrar, in accordance with sections 4503.12 and 4503.234 of 3,103
the Revised Code, shall take all necessary measures to prevent 3,104
the registrar's office or any deputy registrar from accepting 3,106
from the person, for the period of time ending five years after 3,107
the date on which the order was issued or would have been issued 3,108
and as described in division (E) of section 4503.234 of the 3,109
Revised Code, any new application for the registration of any 3,110
motor vehicle in the name of the person. 3,111
(D)(1) Every court of record also shall forward to the 3,113
bureau an abstract of the court record as described in division 3,114
(C) of this section upon the conviction of any person of 3,115
aggravated vehicular homicide or vehicular homicide or of a 3,116
felony in the commission of which a vehicle was used. 3,117
A United States district court whose jurisdiction lies 3,120
within this state also may forward to the bureau an abstract as 3,121
described in division (C) of this section upon the conviction of 3,122
any person of aggravated vehicular homicide or vehicular homicide 3,123
or of a felony in the commission of which a vehicle was used. 3,124
75
(2)(a) If a child has been adjudicated an unruly or 3,126
delinquent child or a juvenile traffic offender for having 3,127
committed any act that if committed by an adult would be a drug 3,128
abuse offense, as defined in section 2925.01 of the Revised Code, 3,129
or any violation of division (B) of section 2917.11 or of section 3,130
4511.19 of the Revised Code, the court shall notify the bureau, 3,131
by means of an abstract of the court record as described in 3,132
divisions (B) and (C) of this section, within ten days after the 3,133
adjudication.
(b) If a court requires a child as provided in division 3,135
(D)(2)(a) of this section to attend a drug abuse or alcohol abuse 3,136
education, intervention, or treatment program, the abstract 3,137
required by that division and forwarded to the bureau also shall 3,138
include the name and address of the operator of the program and 3,139
the date that the child entered the program. If the child 3,140
satisfactorily completes the program, the court, immediately upon 3,142
receipt of such information, shall send to the bureau an updated
abstract that also shall contain the date on which the child 3,143
satisfactorily completed the program. 3,144
(E) The purposeful failure or refusal of the officer to 3,146
comply with this section constitutes misconduct in office and is 3,147
a ground for removal from the office. 3,148
(F) The bureau shall record within ten days and keep all 3,150
abstracts received under this section at its main office and 3,151
shall maintain records of convictions and bond forfeitures for 3,152
any violation of law or ordinance regulating the operation of 3,153
vehicles, streetcars, and trackless trolleys on highways and 3,154
streets, except as to parking a motor vehicle. The bureau also 3,155
shall record any abstract of a case involving a first violation 3,156
of division (D) of section 4511.21 of the Revised Code, whether 3,157
or not points are to be assessed therefor, in such a manner that 3,158
it becomes a part of the person's permanent record and assists a 3,159
court in monitoring the assessment of points under division (G) 3,160
of this section. 3,161
76
(G) Every court of record or mayor's court before which a 3,163
person is charged with a violation for which points are 3,164
chargeable by this section shall assess and transcribe to the 3,165
abstract of conviction report, furnished by the bureau, the 3,166
number of points chargeable by this section in the correct space 3,167
assigned on the reporting form. A United States district court 3,169
whose jurisdiction lies within this state and before whom a 3,170
person is charged with a violation for which points are 3,171
chargeable by this section may assess and transcribe to the 3,172
abstract of conviction report, furnished by the bureau, the 3,173
number of points chargeable by this section in the correct space 3,174
assigned on the reporting form. If the court so assesses and 3,175
transcribes to the abstract of conviction report the number of 3,176
points chargeable, the bureau shall record the points in the same 3,177
manner as those assessed and transcribed by every court of record 3,178
or mayor's court of this state. The points shall be assessed 3,179
based on the following formula: 3,180
(1) Violation of division (B), (C), or (D) of section 3,182
4507.02 of the Revised Code or any ordinance prohibiting the 3,183
operation of a motor vehicle while the driver's or commercial 3,184
driver's license is under suspension or revocation ..... 6 points 3,185
(2) Violation of section 2913.03 of the Revised Code, 3,187
except the provisions relating to use or operation of an aircraft 3,188
or motorboat, or any ordinance prohibiting the operation of a 3,189
vehicle without the consent of the owner ............... 6 points 3,190
(3) Aggravated vehicular homicide or vehicular homicide, 3,192
when either involves the operation of a vehicle, streetcar, or 3,193
trackless trolley on a highway or street ............... 6 points 3,194
(4) Violation of division (A) of section 4511.19 of the 3,196
Revised Code, any ordinance prohibiting the operation of a 3,197
vehicle while under the influence of alcohol, a drug of abuse, or 3,198
alcohol and a drug of abuse, or any ordinance substantially 3,199
equivalent to division (A) of section 4511.19 of the Revised Code 3,200
prohibiting the operation of a vehicle with a prohibited 3,201
77
concentration of alcohol in the blood, breath, or urine 3,202
........................................................ 6 points 3,204
(5) Violation of section 4549.02 or 4549.021 of the 3,206
Revised Code or any ordinance requiring the driver of a vehicle 3,207
to stop and disclose identity at the scene of an accident 3,208
........................................................ 6 points 3,210
(6) Violation of section 2921.331 of the Revised Code or 3,212
any ordinance prohibiting the willful fleeing or eluding of a 3,213
police officer ......................................... 6 points 3,214
(7) Any crime punishable as a felony under the motor 3,216
vehicle laws of this state, or any other felony in the commission 3,217
of which a motor vehicle was used ...................... 6 points 3,218
(8) Operating a motor vehicle in violation of a 3,220
restriction imposed by a registrar ..................... 2 points 3,221
(9) Violation of section 4511.251 of the Revised Code or 3,223
any ordinance prohibiting street racing ................ 6 points 3,224
(10) Violation of section 4511.20 of the Revised Code or 3,226
any ordinance prohibiting the operation of a motor vehicle in 3,227
willful or wanton disregard of the safety of persons or property 3,229
........................................................ 4 points 3,229
(11) Violation of division (B) of section 4511.19 of the 3,231
Revised Code or any ordinance substantially equivalent to that 3,232
division prohibiting the operation of a vehicle with a prohibited 3,233
concentration of alcohol in the blood, breath, or urine 3,234
........................................................ 4 points 3,236
(12) Violation of any law or ordinance pertaining to 3,238
speed, except as otherwise provided in this section and in 3,239
division (G) of section 4511.21 of the Revised Code .... 2 points 3,240
(13) Upon a first violation of a limitation under division 3,242
(D) of section 4511.21 of the Revised Code at a speed in excess 3,243
of seventy-five miles per hour ......................... 2 points 3,244
(14) Upon a second violation within one year of the first 3,246
violation of a limitation under division (D) of section 4511.21 3,247
of the Revised Code, for each increment of five miles per hour in 3,248
78
excess of the posted speed limit, exclusive of the first five 3,249
miles per hour over the limitation ...................... 1 point 3,250
(15) Upon a third or subsequent violation within one year 3,252
of the first violation of a limitation under division (D) of 3,253
section 4511.21 of the Revised Code, for each increment of five 3,254
miles per hour in excess of the posted speed limit, exclusive of 3,255
the first five miles per hour over the limitation ...... 2 points 3,256
(16) All other moving violations pertaining to the 3,258
operation of motor vehicles reported under this section, except 3,259
any violations of section 4513.263 of the Revised Code or any 3,260
substantively comparable ordinance, or violations under Chapter 3,261
5577. of the Revised Code .............................. 2 points 3,262
(H) Upon receiving notification from the proper court, 3,264
including a United States district court whose jurisdiction lies 3,265
within this state, the bureau shall delete any points entered for 3,266
bond forfeiture in the event the driver is acquitted of the 3,267
offense for which the driver bond was posted. 3,268
(I) In the event a person is convicted of, or forfeits 3,270
bail for two or more offenses, arising out of the same facts, and 3,271
points are chargeable for each of the offenses, points shall be 3,272
charged for only the conviction or bond forfeiture for which the 3,273
greater number of points is chargeable, and if the number of 3,274
points chargeable for each offense is equal, only one offense 3,275
shall be recorded and points charged therefor. 3,276
(J) Whenever the points charged against any person exceed 3,278
five, the registrar shall forward to the person at the person's 3,279
last known address, via regular mail, a warning letter listing 3,280
the reported violations, along with the number of points charged 3,281
for each, and outlining the suspension provision of this section. 3,282
(K) When, upon determination of the registrar, any person 3,284
has charged against the person a total of not less than twelve 3,285
points within a period of two years from the date of the first 3,286
conviction within the two-year period, the registrar shall send 3,287
written notification to the person at the person's last known 3,288
79
address, that the person's driver's or commercial driver's 3,289
license shall be suspended for six months, effective on the 3,290
twentieth day after mailing the notice, unless the person files a 3,291
petition in the municipal court or the county court, or in case 3,292
such person is under the age of eighteen years, to IN the 3,293
juvenile court, in whose jurisdiction such person resides, OR IN 3,295
THE CASE OF A NONRESIDENT, IN THE COURT OF COMMON PLEAS OF 3,296
FRANKLIN COUNTY. BY FILING AN APPEAL THE PERSON IS agreeing to 3,297
pay the cost of the proceedings and IS alleging that the person 3,298
can show cause why the person's the licensee's driving privileges 3,299
should not be suspended for a period of six months. 3,300
(L) Any person who has charged against the person more 3,302
than five but not more than eleven points, for the purpose of 3,303
obtaining a credit of two points against the total amount of 3,304
points on the person's driving record, may enroll for one time 3,305
only in a course of remedial driving instruction, as approved by 3,307
the director of public safety. Such a credit, subject to 3,308
successful completion of an approved remedial driving course 3,309
taken at a time when more than five but not more than eleven
points are charged against the person, shall be approved by the 3,310
registrar.
(M) When the driving privileges of any person are 3,312
suspended by any trial judge of any court of record pursuant to 3,313
section 4507.16 of the Revised Code, and points are charged 3,314
against the person under this section for the offense which 3,315
resulted in the suspension, that period of suspension shall be 3,316
credited against the time of any subsequent suspension under this 3,317
section for which the points were considered in making the 3,318
subsequent suspension. 3,319
When the driving privileges of a person are suspended 3,321
pursuant to the "Assimilative Crimes Act," 102 Stat. 4381 (1988), 3,322
18 U.S.C.A. 13, as amended, by a United States district court 3,323
whose jurisdiction lies within this state and the court utilizes 3,324
the provision contained in division (B) of this section, and 3,325
80
points are charged against the person under this section for the 3,326
offense that resulted in the suspension, the period of suspension 3,328
imposed by the district court shall be credited against the time 3,329
of any subsequent suspension imposed under this section for which 3,330
the points were considered in making the subsequent suspension. 3,331
(N) The registrar, upon written request of a licensee 3,334
petitioning under division (K) of this section, shall furnish the 3,335
licensee a copy of the registrar's record of the convictions and 3,336
bond forfeitures of the person certified by the registrar. This 3,337
record shall include the name, address, and birthdate of the
person so charged; the number of the person's driver's or 3,338
commercial driver's license; the name of the court in which each 3,340
conviction or bail forfeiture took place; the nature of the 3,341
offense; the date of hearing; the number of points charged 3,342
against each conviction or bail forfeiture; and such other 3,343
information as the registrar considers necessary. When the 3,344
record includes not less than twelve points charged against the 3,346
person within a two-year period, it is prima-facie evidence that 3,347
the person is a repeat traffic offender and the person's driving 3,348
privilege shall be suspended as provided in this section. 3,350
In hearing the matter and determining whether the person 3,352
has shown cause why the person's driving privileges should not be 3,353
suspended, the court shall decide the issue upon the record 3,354
certified by the registrar and such additional relevant, 3,355
competent, and material evidence as either the registrar or the 3,356
person whose license is sought to be suspended submits. 3,357
In such proceedings, the registrar shall be represented by 3,359
the prosecuting attorney of the county in which the person 3,360
resides if the petition is filed in the county court, except 3,361
where the petitioner is a resident of a city or village within 3,362
the jurisdiction of a county court in which case the city 3,363
director of law or village solicitor shall represent the 3,364
registrar. If the petition is filed in the municipal court, the 3,365
registrar shall be represented as provided in section 1901.34 of 3,366
81
the Revised Code. 3,367
If the court finds from the evidence submitted that the 3,369
person has failed to show cause why the person's driving 3,370
privileges should not be suspended, then the court shall assess 3,372
the cost of the proceeding against the person and shall impose 3,373
the suspension provided in division (K) of this section or 3,374
withhold the suspension, or part thereof, and provide such 3,375
conditions or probation as the court deems proper. If the court 3,376
finds that the person has shown cause why the person's driving 3,377
privileges should not be suspended, the cost of the proceedings 3,379
shall be paid out of the county treasury of the county in which 3,380
the proceedings were held.
Any person whose license is suspended under this section is 3,382
not entitled to apply for or receive a new license during the 3,383
effective period of the suspension. 3,384
Upon termination of any suspension or other penalty imposed 3,386
under this section involving surrender of a license or permit and 3,387
upon request of the person whose license or permit was so 3,388
suspended or surrendered, the registrar shall return the license 3,389
or permit to the person upon determining that all provisions of 3,390
section 4507.022 of the Revised Code have been met or shall 3,391
reissue the person's license or permit under section 4507.54 of 3,392
the Revised Code, if the registrar destroyed the license or 3,393
permit under that section.
Any person whose license, permit, or privilege to operate a 3,395
motor vehicle has been suspended as a repeat traffic offender 3,396
under this section and who, during such suspension, drives any 3,397
motor vehicle upon any highway is guilty of a misdemeanor of the 3,398
first degree, and no court shall suspend the first three days of 3,399
any such sentence. 3,400
(O) The privilege of driving a motor vehicle on the 3,402
highways or streets of this state, given to nonresidents under 3,403
section 4507.04 of the Revised Code, is subject to suspension by 3,405
the registrar.
82
Sec. 4507.022. Any person whose driver's or commercial 3,414
driver's license or permit is suspended, or who is put on 3,415
probation or granted limited or occupational driving privileges, 3,416
under section 4507.021 or division (E) of section 4507.16 of the 3,417
Revised Code, is not eligible to retain the person's license, or 3,418
to have the person's license returned DRIVING PRIVILEGES 3,419
REINSTATED, until each of the following has occurred:
(A) The person successfully completes a course of remedial 3,421
driving instruction approved by the director of public safety, 3,423
provided the person commences taking the course after the 3,424
person's driver's or commercial driver's license or permit is 3,425
suspended under section 4507.021 or division (E) of section 3,426
4507.16 of the Revised Code. A minimum of twenty-five per cent
of the number of hours of instruction included in the course 3,427
shall be devoted to instruction on driver attitude. 3,428
The course also shall devote a number of hours to 3,430
instruction in the area of alcohol and drugs and the operation of 3,431
motor vehicles. The instruction shall include, but not be 3,432
limited to, a review of the laws governing the operation of a 3,433
motor vehicle while under the influence of alcohol, drugs, or
both, the dangers of operating a motor vehicle while under the 3,434
influence of alcohol, drugs, or both, and other information 3,436
relating to the operation of motor vehicles and the consumption 3,437
of alcoholic beverages and use of drugs. The director, in
consultation with the director of the department of alcohol and 3,438
drug addiction services, shall prescribe the content of the 3,440
instruction. The number of hours devoted to the area of alcohol 3,441
and drugs and the operation of motor vehicles shall comprise a 3,442
minimum of twenty-five per cent of the number of hours of
instruction included in the course. 3,443
(B) The person is examined in the manner provided for in 3,445
section 4507.20 of the Revised Code, and found by the registrar 3,447
of motor vehicles to be qualified to operate a motor vehicle; 3,448
(C) The person gives and maintains proof of financial 3,450
83
responsibility, in accordance with section 4509.45 of the Revised 3,452
Code.
Sec. 4507.08. No driver's license shall be issued to any 3,461
person under eighteen years of age, except that a probationary 3,462
license may be issued to a person over sixteen years of age and a 3,463
restricted license may be issued to a person who is fourteen or 3,464
fifteen years of age upon proof of hardship satisfactory to the 3,465
registrar of motor vehicles. No probationary license shall be 3,466
issued to any person under the age of eighteen who has been 3,467
adjudicated an unruly or delinquent child or a juvenile traffic 3,468
offender for having committed any act that if committed by an 3,469
adult would be a drug abuse offense, as defined in section 3,470
2925.01 of the Revised Code, a violation of division (B) of 3,471
section 2917.11, or a violation of division (A) of section 3,472
4511.19 of the Revised Code, unless the person has been required 3,473
by the court to attend a drug abuse or alcohol abuse education, 3,474
intervention, or treatment program specified by the court and has 3,475
satisfactorily completed the program. 3,476
No temporary instruction permit or driver's license shall 3,478
be issued to any person whose license has been suspended, during 3,479
the period for which the license was suspended, nor to any person 3,480
whose license has been revoked, under sections 4507.01 to 4507.39 3,481
of the Revised Code, until the expiration of one year after the 3,482
license was revoked. 3,483
No temporary instruction permit or driver's license shall 3,485
be issued to any person whose commercial driver's license is 3,486
suspended under section 1905.201, 2301.374, 4507.16, 4507.34, 3,487
4507.99, 4511.191, or 4511.196 of the Revised Code or under any 3,488
other provision of the Revised Code during the period of the 3,489
suspension. 3,490
No temporary instruction permit or driver's license shall 3,492
be issued to, or retained by: 3,493
(A) Any person who is an alcoholic, or is addicted to the 3,495
use of controlled substances to the extent that the use 3,496
84
constitutes an impairment to the person's ability to operate a 3,497
motor vehicle with the required degree of safety; 3,498
(B) Any person who is under the age of eighteen and has 3,500
been adjudicated an unruly or delinquent child or a juvenile 3,501
traffic offender for having committed any act that if committed 3,502
by an adult would be a drug abuse offense, as defined in section 3,503
2925.01 of the Revised Code, a violation of division (B) of 3,504
section 2917.11, or a violation of division (A) of section 3,505
4511.19 of the Revised Code, unless the person has been required 3,506
by the court to attend a drug abuse or alcohol abuse education, 3,507
intervention, or treatment program specified by the court and has 3,508
satisfactorily completed the program; 3,509
(C) Any person who, in the opinion of the registrar, is 3,511
afflicted with or suffering from a physical or mental disability 3,512
or disease that prevents the person from exercising reasonable 3,513
and ordinary control over a motor vehicle while operating the 3,514
vehicle upon the highways, except that a restricted license 3,515
effective for six months may be issued to any person otherwise 3,516
qualified who is or has been subject to any condition resulting 3,517
in episodic impairment of consciousness or loss of muscular 3,518
control and whose condition, in the opinion of the registrar, is 3,519
dormant or is sufficiently under medical control that the person 3,520
is capable of exercising reasonable and ordinary control over a 3,521
motor vehicle. A restricted license effective for six months 3,522
shall be issued to any person who is otherwise qualified who is 3,523
subject to any condition which causes episodic impairment of 3,524
consciousness or a loss of muscular control if the person 3,525
presents a statement from a licensed physician that the person's 3,526
condition is under effective medical control and the period of 3,527
time for which the control has been continuously maintained, 3,528
unless, thereafter, a medical examination is ordered and, 3,529
pursuant thereto, cause for denial is found. 3,530
A person to whom a six-month restricted license has been 3,532
issued shall give notice of the person's medical condition to the 3,533
85
registrar on forms provided by the registrar and signed by the 3,534
licensee's physician. The notice shall be sent to the registrar 3,535
six months after the issuance of the license. Subsequent 3,536
restricted licenses issued to the same individual shall be 3,537
effective for six months. 3,538
(D) Any person who is unable to understand highway 3,540
warnings or traffic signs or directions given in the English 3,541
language; 3,542
(E) Any person making an application whose driver's 3,544
license or driving privileges are under revocation or suspension 3,545
in the jurisdiction where issued or any other jurisdiction, until 3,546
the expiration of one year after the license was revoked or until 3,547
the period of suspension ends. Any person whose application is 3,548
denied under this division may file a petition in the municipal 3,549
court or county court in whose jurisdiction the person resides 3,550
agreeing to pay the cost of the proceedings and alleging that the 3,551
conduct involved in the offense that resulted in suspension or 3,552
revocation in the foreign jurisdiction would not have resulted in 3,553
a suspension or revocation had the offense occurred in this 3,554
state. If the petition is granted, petitioner shall notify the 3,555
registrar of motor vehicles by a certified copy of the court's 3,556
findings and a license shall not be denied under this division; 3,557
(F) Any person whose driver's or commercial driver's 3,559
license or permit has been permanently revoked pursuant to 3,560
division (C) of section 4507.16 of the Revised Code; 3,561
(G) ANY PERSON WHO IS NOT A RESIDENT OR TEMPORARY RESIDENT 3,563
OF THIS STATE. 3,564
Sec. 4507.09. (A) Except as provided in division (B) of 3,573
this section, every driver's license ISSUED TO A RESIDENT OF THIS 3,574
STATE expires on the birthday of the applicant in the fourth year 3,575
after the date it is issued, but in AND EVERY DRIVER'S LICENSE 3,576
ISSUED TO A TEMPORARY RESIDENT EXPIRES IN ACCORDANCE WITH RULES 3,577
ADOPTED BY THE REGISTRAR OF MOTOR VEHICLES. IN no event shall 3,578
any such license be issued for a period longer than four years 3,579
86
AND NINETY DAYS.
Subject to the requirements of section 4507.12 of the 3,581
Revised Code, every driver's license ISSUED TO A RESIDENT is 3,582
renewable within sixty days prior to its expiration upon payment 3,583
of the fees as required by law, except that AND any license of an 3,584
Ohio A TEMPORARY resident who will be temporarily out-of-state is 3,585
renewable at any time prior to its expiration NONRENEWABLE. A 3,587
NONRENEWABLE LICENSE MAY BE REPLACED WITH A NEW LICENSE WITHIN
NINETY DAYS PRIOR TO ITS EXPIRATION UPON THE APPLICANT'S 3,588
COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS. No refund shall be 3,590
made or credit given for the unexpired portion of the driver's
license that is renewed. The registrar of motor vehicles shall 3,592
notify each person whose driver's license has expired within 3,593
forty-five days after the date of expiration. Notification shall 3,594
be made by regular mail sent to the person's last known address 3,595
as shown in the records of the bureau of motor vehicles. Failure 3,596
to provide such notification shall not be construed as a renewal 3,597
or extension of any license. The registrar may issue rules 3,598
permitting the use and display of drivers' licenses at any time 3,599
not to exceed sixty NINETY days prior to the next succeeding 3,600
birthday of the applicant. For the purposes of this section, the 3,601
date of birth of any applicant born on the twenty-ninth day of 3,602
February shall be deemed to be the first day of March in any year 3,603
in which there is no twenty-ninth day of February. 3,604
The registrar may require an application for license 3,606
renewal submitted by a resident who will be temporarily 3,607
out-of-state to be accompanied by an affidavit, in a form 3,608
prescribed by the registrar, certifying that the resident will be 3,610
temporarily out-of-state at the time the resident's license will
expire. 3,611
(B) Every driver's license or renewal of a driver's 3,613
license issued to an applicant who is sixteen years of age or 3,614
older, but less than twenty-one years of age, expires on the 3,615
twenty-first birthday of the applicant, EXCEPT THAT AN APPLICANT 3,616
87
WHO APPLIES NO MORE THAN THIRTY DAYS BEFORE THE APPLICANT'S 3,617
TWENTY-FIRST BIRTHDAY SHALL BE ISSUED A LICENSE IN ACCORDANCE 3,618
WITH DIVISION (A) OF THIS SECTION. 3,619
(C) Each person licensed as a driver under this chapter 3,621
shall notify the registrar of any change in the person's address 3,622
within ten days following that change. The notification shall be 3,623
in writing on a form provided by the registrar and shall include 3,624
the full name, date of birth, license number, county of 3,625
residence, social security number, and new address of the person. 3,626
Sec. 4507.10. (A) The registrar of motor vehicles shall 3,635
examine every applicant for a driver's license, or motorcycle 3,636
operator's endorsement before issuing any such license or 3,637
endorsement. 3,638
(B) Except as provided in section 4507.12 of the Revised 3,640
Code, the registrar may waive the examination of any person 3,641
applying for the renewal of a driver's license, or motorcycle 3,642
operator's endorsement issued under this chapter, provided that 3,643
the applicant presents either an unexpired license or endorsement 3,644
or a license or endorsement which has expired not more than six 3,645
months prior to the date of application. 3,646
(C) The registrar may waive the examination of any person 3,648
applying for the renewal of such license or endorsement who is on 3,649
active duty in the military or naval forces of the United States, 3,650
or in service with the peace corps, volunteers in service to 3,651
America, or the foreign service of the United States if the 3,652
applicant has no physical or mental disabilities that would 3,653
affect his THE APPLICANT'S driving ability and was an, HAD A 3,655
VALID Ohio licensee DRIVER'S OR COMMERCIAL DRIVER'S LICENSE at 3,656
the time he THE APPLICANT commenced such active duty or service, 3,657
AND THE APPLICANT'S LICENSE IS NOT UNDER SUSPENSION OR REVOCATION 3,658
BY THIS STATE OR ANY OTHER JURISDICTION. 3,659
(D) Except as provided in section 4507.12 of the Revised 3,661
Code, the registrar may waive the examination of any person 3,662
applying for such license or endorsement who meets either of the 3,663
88
following sets of qualifications: 3,664
(1) Has been on active duty in the military or naval 3,666
forces of the United States, presents an honorable discharge 3,667
certificate showing that he THE APPLICANT has no physical or 3,668
mental disabilities which would affect his THE APPLICANT'S 3,669
driving ability, was an HAD A VALID Ohio licensee DRIVER'S OR 3,672
COMMERCIAL DRIVER'S LICENSE at the time he THE APPLICANT 3,673
commenced such active duty, IS NOT UNDER A LICENSE SUSPENSION OR 3,674
REVOCATION BY THIS STATE OR ANY OTHER JURISDICTION, and makes the 3,675
application not more than six months after the date of discharge 3,676
or separation; 3,677
(2) Was in service with the peace corps, volunteers in 3,679
service to America, or the foreign service of the United States; 3,680
presents such evidence of such service as the registrar 3,681
prescribes showing that the applicant has no physical or mental 3,682
disabilities that would affect his APPLICANT'S driving ability; 3,683
was an HAD A VALID Ohio licensee DRIVER'S OR COMMERCIAL DRIVER'S 3,685
LICENSE at the time he THE APPLICANT commenced such service;, IS 3,687
NOT UNDER A LICENSE SUSPENSION OR REVOCATION BY THIS STATE OR ANY 3,688
OTHER JURISDICTION, and makes the application no more than six 3,689
months after leaving the peace corps, volunteers, or foreign 3,690
service.
Sec. 4507.13. (A) The registrar of motor vehicles shall 3,699
issue a driver's license to every person licensed as an operator 3,700
of motor vehicles other than commercial motor vehicles. No 3,701
person licensed as a commercial motor vehicle driver under 3,702
Chapter 4506. of the Revised Code need procure a driver's 3,703
license, but no person shall drive any commercial motor vehicle 3,704
unless licensed as a commercial motor vehicle driver. 3,705
Every driver's license shall bear on it the distinguishing 3,707
number assigned to the licensee and shall contain the licensee's 3,708
name, date of birth, social security number if such number has 3,709
been assigned; the licensee's residence address and county of 3,710
residence; a color photograph of the licensee; a brief 3,711
89
description of the licensee for the purpose of identification; a 3,713
facsimile of the signature of the licensee as it appears on the 3,714
application for the license; a space marked "blood type" in which 3,715
a licensee may specify his THE LICENSEE'S blood type; a notation, 3,716
in a manner prescribed by the registrar, indicating any condition 3,717
described in division (D) of section 4507.08 of the Revised Code
to which the licensee is subject; on and after May 1, 1993, if 3,719
the licensee has executed a durable power of attorney for health 3,720
care or a declaration governing the use or continuation, or the 3,721
withholding or withdrawal, of life-sustaining treatment and has 3,722
specified that he THE LICENSEE wishes his THE license to indicate 3,723
that he THE LICENSEE has executed either type of instrument, any 3,725
symbol chosen by the registrar to indicate that the licensee has 3,726
executed either type of instrument; and any additional 3,727
information that the registrar requires by rule.
The driver's license for licensees under twenty-one years 3,729
of age shall have characteristics prescribed by the registrar 3,730
distinguishing it from that issued to a licensee who is 3,731
twenty-one years of age or older, EXCEPT THAT A DRIVER'S LICENSE 3,732
ISSUED TO A PERSON WHO APPLIES NO MORE THAN THIRTY DAYS BEFORE 3,733
THE APPLICANT'S TWENTY-FIRST BIRTHDAY SHALL HAVE THE
CHARACTERISTICS OF A LICENSE ISSUED TO A PERSON WHO IS TWENTY-ONE 3,734
YEAR OF AGE OR OLDER.
THE DRIVER'S LICENSE ISSUED TO A TEMPORARY RESIDENT SHALL 3,736
CONTAIN THE WORD "NONRENEWABLE" AND SHALL HAVE ANY ADDITIONAL 3,737
CHARACTERISTICS PRESCRIBED BY THE REGISTRAR DISTINGUISHING IT 3,738
FROM A LICENSE ISSUED TO A RESIDENT.
Every driver's or commercial driver's license bearing a 3,740
motorcycle operator's endorsement and every restricted license to 3,741
operate a motor vehicle also shall bear the designation "novice," 3,742
if the endorsement or license is issued to a person who is 3,743
eighteen years of age or older and previously has not been 3,744
licensed to operate a motorcycle by this state or another 3,745
jurisdiction recognized by this state. The "novice" designation 3,746
90
shall be effective for one year after the date of issuance of the 3,747
motorcycle operator's endorsement or license. 3,748
Each license issued under this section shall be of such 3,750
material and so designed as to prevent its reproduction or 3,751
alteration without ready detection and, to this end, shall be 3,752
laminated with a transparent plastic material. 3,753
(B) Neither EXCEPT IN REGARD TO A DRIVER'S LICENSE ISSUED 3,755
TO A PERSON WHO APPLIES NO MORE THAN THIRTY DAYS BEFORE THE 3,756
APPLICANT'S TWENTY-FIRST BIRTHDAY, NEITHER the registrar nor any 3,757
deputy registrar shall issue a driver's license to anyone under 3,759
twenty-one years of age that does not have the characteristics 3,760
prescribed by the registrar distinguishing it from the driver's 3,761
license issued to persons who are twenty-one years of age or
older. 3,762
Sec. 4507.14. The registrar of motor vehicles upon issuing 3,771
a driver's license, a motorcycle operator's endorsement, a 3,772
driver's license renewal, or the renewal of any other license 3,773
issued under this chapter, may, whenever good cause appears, MAY 3,774
impose restrictions suitable to the licensee's driving ability 3,775
with respect to the type of or special mechanical control devices 3,776
required on a motor vehicle which the licensee may operate, or 3,777
such other restrictions applicable to the licensee as the 3,778
registrar determines to be necessary. 3,779
When issuing licenses A LICENSE to a deaf person or to 3,781
persons with impaired hearing, the registrar shall require that A 3,782
motor vehicles VEHICLE operated by such persons THE PERSON be 3,784
equipped with two OUTSIDE rear vision mirrors, one outside ON THE 3,785
LEFT SIDE and one inside such motor vehicles THE OTHER ON THE 3,786
RIGHT SIDE.
The registrar may either MAY issue a special restricted 3,788
license or may set forth such restrictions upon the usual license 3,789
form.
The registrar, upon receiving satisfactory evidence of any 3,791
violation of the restrictions of such license, AFTER AN 3,793
91
OPPORTUNITY FOR A HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE 3,794
REVISED CODE, may suspend or revoke the same THE LICENSE FOR A
PERIOD OF SIX MONTHS. 3,795
Sec. 4507.16. (A)(1) The trial judge of any court of 3,810
record, in addition to or independent of all other penalties 3,811
provided by law or by ordinance, shall suspend for not less than 3,812
thirty days or more than three years or shall revoke the driver's 3,813
or commercial driver's license or permit or nonresident operating 3,815
privilege of any person who is convicted of or pleads guilty to 3,816
any of the following: 3,817
(a) Perjury or the making of a false affidavit under this 3,819
chapter, or any other law of this state requiring the 3,820
registration of motor vehicles or regulating their operation on 3,821
the highway; 3,822
(b) Any crime punishable as a felony under the motor 3,824
vehicle laws of this state or any other felony in the commission 3,825
of which a motor vehicle is used; 3,826
(c) Failing to stop and disclose identity at the scene of 3,828
the accident when required by law or ordinance to do so; 3,829
(d) Street racing as defined in section 4511.251 of the 3,832
Revised Code or any substantially similar municipal ordinance; 3,833
(e) Willfully eluding or fleeing a police officer; 3,835
(f) Trafficking in cigarettes with the intent to avoid 3,837
payment of the cigarette tax under division (A) of section 3,838
5743.112 of the Revised Code; 3,839
(g) A violation of section 2903.06, 2903.07, or 2903.08 of 3,841
the Revised Code or a municipal ordinance substantially similar 3,842
to section 2903.07 of the Revised Code, unless the jury or judge 3,843
as trier of fact in the case finds that the offender was under 3,844
the influence of alcohol, a drug of abuse, or alcohol and a drug 3,845
of abuse at the time of the commission of the offense. 3,846
If a person is convicted of or pleads guilty to a violation 3,848
of section 2907.24 of the Revised Code, an attempt to commit a 3,849
violation of that section, or a violation of or an attempt to 3,850
92
commit a violation of a municipal ordinance that is substantially 3,851
equivalent to that section and if the person, in committing or 3,852
attempting to commit the violation, was in, was on, or used a
motor vehicle, the trial judge of a court of record, in addition 3,853
to or independent of all other penalties provided by law or 3,854
ordinance, shall suspend for thirty days the person's driver's or 3,855
commercial driver's license or permit. 3,856
The trial judge of any court of record, in addition to 3,858
suspensions or revocations of licenses, permits, or privileges 3,859
pursuant to this division and in addition to or independent of 3,860
all other penalties provided by law or by ordinance, shall impose 3,861
a suspended jail sentence not to exceed six months, if 3,862
imprisonment was not imposed for the offense for which the person 3,863
was convicted. 3,864
(2) If the trial judge of any court of record suspends or 3,867
revokes the driver's or commercial driver's license or permit or
nonresident operating privilege of a person who is convicted of 3,868
or pleads guilty to any offense for which such suspension or 3,869
revocation is provided by law or ordinance, in addition to all 3,870
other penalties provided by law or ordinance, the judge may issue 3,871
an order prohibiting the offender from registering, renewing, or 3,872
transferring the registration of any vehicle during the period 3,873
that the offender's license, permit, or privilege is suspended or
revoked. The court promptly shall send a copy of the order to 3,874
the registrar of motor vehicles. 3,875
Upon receipt of such an order, neither the registrar nor 3,877
any deputy registrar shall accept any application for the 3,878
registration, registration renewal, or transfer of registration 3,879
of any motor vehicle owned or leased by the person named in the 3,880
order during the period that the person's license, permit, or 3,881
privilege is suspended or revoked, unless the registrar is
properly notified by the court that the order of suspension or 3,882
revocation has been canceled. When the period of suspension or 3,883
revocation expires or the order is canceled, the registrar or 3,884
93
deputy registrar shall accept the application for registration, 3,885
registration renewal, or transfer of registration of the person
named in the order. 3,886
(B) Except as otherwise provided in this section, the 3,888
trial judge of any court of record and the mayor of a mayor's 3,889
court, in addition to or independent of all other penalties 3,890
provided by law or by ordinance, shall revoke the driver's or 3,891
commercial driver's license or permit or nonresident operating 3,892
privilege of any person who is convicted of or pleads guilty to a 3,893
violation of division (A) of section 4511.19 of the Revised Code, 3,894
of a municipal ordinance relating to operating a vehicle while 3,895
under the influence of alcohol, a drug of abuse, or alcohol and a 3,896
drug of abuse, or of a municipal ordinance that is substantially 3,897
equivalent to division (A) of section 4511.19 of the Revised Code 3,898
relating to operating a vehicle with a prohibited concentration 3,899
of alcohol in the blood, breath, or urine or suspend the license, 3,900
permit, or privilege as follows: 3,901
(1) Except when division (B)(2), (3), or (4) of this 3,903
section applies and the judge or mayor is required to suspend or 3,904
revoke the offender's license or permit pursuant to that 3,905
division, the judge or mayor shall suspend the offender's 3,906
driver's or commercial driver's license or permit or nonresident 3,907
operating privilege for not less than six months nor more than 3,908
three years. 3,909
(2) Subject to division (B)(4) of this section, if, within 3,911
six years of the offense, the offender has been convicted of or 3,913
pleaded guilty to one violation of division (A) or (B) of section 3,914
4511.19 of the Revised Code, a municipal ordinance relating to 3,915
operating a vehicle while under the influence of alcohol, a drug 3,916
of abuse, or alcohol and a drug of abuse, a municipal ordinance 3,917
relating to operating a motor vehicle with a prohibited 3,918
concentration of alcohol in the blood, breath, or urine, section 3,919
2903.04 of the Revised Code in a case in which the offender was 3,920
subject to the sanctions described in division (D) of that 3,921
94
section, section 2903.06, 2903.07, or 2903.08 of the Revised Code 3,922
or a municipal ordinance that is substantially similar to section 3,923
2903.07 of the Revised Code in a case in which the jury or judge 3,924
found that the offender was under the influence of alcohol, a 3,925
drug of abuse, or alcohol and a drug of abuse, or a statute of 3,926
THE UNITED STATES OR OF any other state or a municipal ordinance 3,927
of a municipal corporation located in any other state that is 3,928
substantially similar to division (A) or (B) of section 4511.19 3,929
of the Revised Code, the judge shall suspend the offender's 3,930
driver's or commercial driver's license or permit or nonresident 3,931
operating privilege for not less than one year nor more than five 3,932
years.
(3) Subject to division (B)(4) of this section, if, within 3,934
six years of the offense, the offender has been convicted of or 3,935
pleaded guilty to two violations described in division (B)(2) of 3,936
this section, or a statute of THE UNITED STATES OR OF any other 3,937
state or a municipal ordinance of a municipal corporation located 3,939
in any other state that is substantially similar to division (A) 3,940
or (B) of section 4511.19 of the Revised Code, the judge shall 3,941
suspend the offender's driver's or commercial driver's license or 3,942
permit or nonresident operating privilege for not less than one 3,943
year nor more than ten years.
(4) If, within six years of the offense, the offender has 3,945
been convicted of or pleaded guilty to three or more violations 3,946
described in division (B)(2) of this section, or a statute of THE 3,948
UNITED STATES OR OF any other state or a municipal ordinance of a 3,949
municipal corporation located in any other state that is 3,950
substantially similar to division (A) or (B) of section 4511.19
of the Revised Code, or if the offender previously has been 3,952
convicted of or pleaded guilty to a violation of division (A) of 3,953
section 4511.19 of the Revised Code under circumstances in which 3,954
the violation was a felony and regardless of when the violation 3,955
and the conviction or guilty plea occurred, the judge shall
suspend the offender's driver's or commercial driver's license or 3,957
95
permit or nonresident operating privilege for a period of time 3,958
set by the court but not less than three years, and the judge may 3,959
permanently revoke the offender's driver's or commercial driver's 3,960
license or permit or nonresident operating privilege. 3,961
(5) The filing of an appeal by a person whose driver's or 3,963
commercial driver's license is suspended or revoked under 3,964
division (B)(1), (2), (3), or (4) of this section regarding any 3,965
aspect of the person's trial or sentence does not stay the 3,966
operation of the suspension or revocation. 3,968
(C) The trial judge of any court of record or the mayor of 3,970
a mayor's court, in addition to or independent of all other 3,971
penalties provided by law or by ordinance, may suspend the 3,972
driver's or commercial driver's license or permit or nonresident 3,973
operating privilege of any person who violates a requirement or 3,974
prohibition of the court imposed under division (F) of this 3,975
section or division (G)(1) of section 2951.02 of the Revised Code 3,977
as follows:
(1) For not more than one year, upon conviction for a 3,979
first violation of the requirement or prohibition; 3,980
(2) For not more than five years, upon conviction for a 3,982
second or subsequent violation of the requirement or prohibition 3,983
during the same period of required use of an ignition interlock 3,984
device that is certified pursuant to section 4511.83 of the 3,985
Revised Code. 3,986
(D)(1) The trial judge of any court of record, in addition 3,988
to or independent of all other penalties provided by law or by 3,989
ordinance, shall permanently revoke the driver's or commercial 3,990
driver's license or permit or nonresident operating privilege of 3,991
any person who is convicted of or pleads guilty to a violation of 3,992
section 2903.04 of the Revised Code in a case in which the 3,993
offender is subject to the sanctions described in division (D) of 3,994
that section, or of any person who is convicted of or pleads 3,995
guilty to a violation of section 2903.06, 2903.07, or 2903.08 of 3,996
the Revised Code or of a municipal ordinance that is 3,997
96
substantially similar to section 2903.07 of the Revised Code if 3,998
the jury or judge as trier of fact in the case in which the 3,999
person is convicted finds that the offender was under the 4,000
influence of alcohol, a drug of abuse, or alcohol and a drug of 4,001
abuse, at the time of the commission of the offense. 4,002
(2) In addition to any prison term authorized or required 4,004
by the section that establishes the offense and sections 2929.13 4,006
and 2929.14 of the Revised Code, and in addition to any other 4,007
sanction imposed for the offense under the section that 4,008
establishes the offense or sections 2929.11 to 2929.182 of the 4,009
Revised Code, the court that sentences an offender who is 4,010
convicted of or pleads guilty to a violation of section 2925.02, 4,011
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 4,012
2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37
of the Revised Code either shall revoke or, if it does not 4,016
revoke, shall suspend for not less than six months or more than 4,017
five years, as specified in the section that establishes the 4,018
offense, the person's driver's or commercial driver's license or 4,020
permit. If the person's driver's or commercial driver's license 4,021
or permit is under suspension on the date the court imposes 4,022
sentence upon the person, any revocation imposed upon the person 4,023
that is referred to in division (D)(2) of this section shall take 4,025
effect immediately. If the person's driver's or commercial 4,026
driver's license or permit is under suspension on the date the 4,027
court imposes sentence upon the person, any period of suspension 4,028
imposed upon the person that is referred to in division (D)(2) of 4,029
this section shall take effect on the next day immediately 4,030
following the end of that period of suspension. If the person is 4,031
sixteen years of age or older and is a resident of this state but 4,032
does not have a current, valid Ohio driver's or commercial 4,033
driver's license or permit, the court shall order the registrar 4,034
of motor vehicles to deny to the person the issuance of a 4,035
driver's or commercial driver's license or permit for six months 4,036
beginning on the date the court imposes a sentence upon the 4,037
97
person. If the person has not attained the age of sixteen years 4,038
on the date the court sentences the person for the violation, the 4,039
period of denial shall commence on the date the person attains 4,041
the age of sixteen years.
(E) Except as otherwise provided in this section, the 4,043
trial judge of any court of record and the mayor of a mayor's 4,044
court, in addition to or independent of all other penalties 4,045
provided by law or ordinance, shall suspend for not less than 4,046
sixty days nor more than two years the driver's or commercial 4,047
driver's license or permit or nonresident operating privilege of 4,048
any person who is convicted of or pleads guilty to a violation of 4,049
division (B) of section 4511.19 of the Revised Code or of a 4,050
municipal ordinance substantially equivalent to that division 4,051
relating to operating a vehicle with a prohibited concentration 4,052
of alcohol in the blood, breath, or urine. 4,053
(F) If a person's driver's or commercial driver's license 4,055
or permit or nonresident operating privilege has been suspended 4,056
pursuant to division (B) or (C) of this section or pursuant to 4,057
division (F) of section 4511.191 of the Revised Code, and the 4,058
person, within the preceding seven years, has been convicted of 4,059
or pleaded guilty to three or more violations of division (A) or 4,060
(B) of section 4511.19 of the Revised Code, a municipal ordinance 4,061
relating to operating a vehicle while under the influence of 4,062
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 4,063
municipal ordinance relating to operating a vehicle with a 4,064
prohibited concentration of alcohol in the blood, breath, or 4,065
urine, section 2903.04 of the Revised Code in a case in which the 4,066
person was subject to the sanctions described in division (D) of 4,067
that section, section 2903.06, 2903.07, or 2903.08 of the Revised 4,069
Code or a municipal ordinance that is substantially similar to 4,070
section 2903.07 of the Revised Code in a case in which the jury 4,071
or judge found that the person was under the influence of 4,072
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a
statute of THE UNITED STATES OR OF any other state or a municipal 4,074
98
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 4,075
4511.19 of the Revised Code, the person is not entitled to 4,077
request, and the judge or mayor shall not grant to the person, 4,078
occupational driving privileges under this division. Any other 4,079
person whose driver's or commercial driver's license or 4,080
nonresident operating privilege has been suspended under any of 4,081
those divisions may file a petition that alleges that the 4,082
suspension would seriously affect the person's ability to 4,083
continue the person's employment. The petition of a person whose 4,085
license, permit, or privilege was suspended pursuant to division 4,086
(F) of section 4511.191 of the Revised Code shall be filed in the 4,087
court specified in division (I)(4) of that section, and the 4,088
petition of a person whose license, permit, or privilege was 4,089
suspended under division (B) or (C) of this section shall be
filed in the municipal, county, mayor's, or in the case of a 4,090
minor, juvenile court that has jurisdiction over the place of 4,091
arrest. Upon satisfactory proof that there is reasonable cause 4,092
to believe that the suspension would seriously affect the 4,093
person's ability to continue the person's employment, the judge 4,095
of the court or mayor of the mayor's court may grant the person 4,096
occupational driving privileges during the period during which 4,097
the suspension otherwise would be imposed, except that the judge 4,098
or mayor shall not grant occupational driving privileges to any 4,099
person who, within seven years of the filing of the petition, has 4,100
been convicted of or pleaded guilty to three or more violations 4,101
of division (A) or (B) of section 4511.19 of the Revised Code, a 4,102
municipal ordinance relating to operating a vehicle while under 4,103
the influence of alcohol, a drug of abuse, or alcohol and a drug 4,104
of abuse, a municipal ordinance relating to operating a vehicle 4,105
with a prohibited concentration of alcohol in the blood, breath, 4,106
or urine, section 2903.04 of the Revised Code in a case in which 4,107
the person was subject to the sanctions described in division (D) 4,108
of that section, section 2903.06, 2903.07, or 2903.08 of the 4,109
99
Revised Code or a municipal ordinance that is substantially 4,110
similar to section 2903.07 of the Revised Code in a case in which 4,111
the jury or judge found that the person was under the influence 4,112
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 4,114
statute of THE UNITED STATES OR OF any other state or a municipal 4,115
ordinance of a municipal corporation located in any other state 4,116
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, shall not grant occupational driving 4,118
privileges for employment as a driver of commercial motor 4,119
vehicles to any person who is disqualified from operating a 4,120
commercial motor vehicle under section 2301.374 or 4506.16 of the 4,121
Revised Code, and shall not grant occupational driving privileges 4,122
during any of the following periods of time: 4,123
(1) The first fifteen days of suspension imposed upon an 4,125
offender whose license, permit, or privilege is suspended 4,126
pursuant to division (B)(1) of this section or division (F)(1) of 4,127
section 4511.191 of the Revised Code. On or after the sixteenth 4,128
day of suspension, the court may grant the offender occupational 4,129
driving privileges, but the court may provide that the offender 4,130
shall not exercise the occupational driving privileges unless the 4,132
vehicles the offender operates are equipped with ignition 4,133
interlock devices. 4,134
(2) The first thirty days of suspension imposed upon an 4,136
offender whose license, permit, or privilege is suspended 4,137
pursuant to division (B)(2) of this section or division (F)(2) of 4,138
section 4511.191 of the Revised Code. On or after the 4,139
thirty-first day of suspension, the court may grant the offender 4,140
occupational driving privileges, but the court may provide that 4,141
the offender shall not exercise the occupational driving 4,142
privileges unless the vehicles the offender operates are equipped 4,144
with ignition interlock devices.
(3) The first one hundred eighty days of suspension 4,146
imposed upon an offender whose license, permit, or privilege is 4,147
suspended pursuant to division (B)(3) of this section or division 4,148
100
(F)(3) of section 4511.191 of the Revised Code. The judge may 4,149
grant occupational driving privileges to an offender who receives 4,150
a suspension under either of those divisions on or after the one 4,152
hundred eighty-first day of the suspension only if division (F) 4,153
of this section does not prohibit the judge from granting the 4,154
privileges and only if the judge, at the time of granting the 4,155
privileges, also issues an order prohibiting the offender, while 4,157
exercising the occupational driving privileges during the period 4,158
commencing with the one hundred eighty-first day of suspension 4,159
and ending with the first year of suspension, from operating any 4,160
motor vehicle unless it is equipped with a certified ignition 4,161
interlock device. After the first year of the suspension, the 4,162
court may authorize the offender to continue exercising the 4,163
occupational driving privileges in vehicles that are not equipped 4,164
with ignition interlock devices. If the offender does not 4,165
petition for occupational driving privileges until after the 4,166
first year of suspension and if division (F) of this section does 4,167
not prohibit the judge from granting the privileges, the judge 4,168
may grant the offender occupational driving privileges without 4,169
requiring the use of a certified ignition interlock device. 4,170
(4) The first three years of suspension imposed upon an 4,172
offender whose license, permit, or privilege is suspended 4,173
pursuant to division (B)(4) of this section or division (F)(4) of 4,174
section 4511.191 of the Revised Code. The judge may grant 4,175
occupational driving privileges to an offender who receives a 4,176
suspension under either of those divisions after the first three 4,178
years of suspension only if division (F) of this section does not 4,179
prohibit the judge from granting the privileges and only if the 4,180
judge, at the time of granting the privileges, also issues an 4,181
order prohibiting the offender from operating any motor vehicle, 4,182
for the period of suspension following the first three years of 4,183
suspension, unless the motor vehicle is equipped with a certified 4,184
ignition interlock device. 4,185
(G) If a person's driver's or commercial driver's license 4,187
101
or permit or nonresident operating privilege has been suspended 4,188
under division (E) of this section, and the person, within the 4,189
preceding seven years, has been convicted of or pleaded guilty to 4,190
three or more violations of division (A) or (B) of section 4,191
4511.19 of the Revised Code, a municipal ordinance relating to 4,192
operating a vehicle while under the influence of alcohol, a drug 4,193
of abuse, or alcohol and a drug of abuse, a municipal ordinance 4,194
relating to operating a vehicle with a prohibited concentration 4,195
of alcohol in the blood, breath, or urine, section 2903.04 of the 4,196
Revised Code in a case in which the person was subject to the 4,197
sanctions described in division (D) of that section, section 4,198
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal 4,199
ordinance that is substantially similar to section 2903.07 of the 4,200
Revised Code in a case in which the jury or judge found that the 4,201
person was under the influence of alcohol, a drug of abuse, or 4,202
alcohol and a drug of abuse, or a statute of THE UNITED STATES OR 4,204
OF any other state or a municipal ordinance of a municipal 4,205
corporation located in any other state that is substantially 4,206
similar to division (A) or (B) of section 4511.19 of the Revised 4,207
Code, the person is not entitled to request, and the judge or 4,209
mayor shall not grant to the person, occupational driving 4,210
privileges under this division. Any other person whose driver's 4,211
or commercial driver's license or nonresident operating privilege 4,212
has been suspended under division (E) of this section may file a 4,213
petition that alleges that the suspension would seriously affect 4,214
the person's ability to continue the person's employment. The 4,215
petition shall be filed in the municipal, county, or mayor's 4,217
court that has jurisdiction over the place of arrest. Upon 4,218
satisfactory proof that there is reasonable cause to believe that 4,219
the suspension would seriously affect the person's ability to 4,220
continue the person's employment, the judge of the court or mayor 4,222
of the mayor's court may grant the person occupational driving 4,223
privileges during the period during which the suspension 4,224
otherwise would be imposed, except that the judge or mayor shall 4,225
102
not grant occupational driving privileges to any person who, 4,226
within seven years of the filing of the petition, has been 4,227
convicted of or pleaded guilty to three or more violations of 4,228
division (A) or (B) of section 4511.19 of the Revised Code, a
municipal ordinance relating to operating a vehicle while under 4,229
the influence of alcohol, a drug of abuse, or alcohol and a drug 4,230
of abuse, a municipal ordinance relating to operating a vehicle 4,231
with a prohibited concentration of alcohol in the blood, breath, 4,232
or urine, section 2903.04 of the Revised Code in a case in which 4,233
the person was subject to the sanctions described in division (D) 4,234
of that section, section 2903.06, 2903.07, or 2903.08 of the 4,235
Revised Code or a municipal ordinance that is substantially 4,236
similar to section 2903.07 of the Revised Code in a case in which 4,237
the jury or judge found that the person was under the influence 4,238
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 4,240
statute of THE UNITED STATES OR OF any other state or a municipal 4,241
ordinance of a municipal corporation located in any other state 4,242
that is substantially similar to division (A) or (B) of section 4,243
4511.19 of the Revised Code, shall not grant occupational driving 4,244
privileges for employment as a driver of commercial motor 4,245
vehicles to any person who is disqualified from operating a 4,246
commercial motor vehicle under section 4506.16 of the Revised 4,247
Code, and shall not grant occupational driving privileges during 4,248
the first sixty days of suspension imposed upon an offender whose 4,249
driver's or commercial driver's license or permit or nonresident 4,250
operating privilege is suspended pursuant to division (E) of this 4,251
section.
(H)(1) After a driver's or commercial driver's license or 4,253
permit has been suspended or revoked pursuant to this section, 4,255
the judge of the court or mayor of the mayor's court that 4,256
suspended or revoked the license or permit shall cause the 4,257
offender to deliver the license or permit to the court. The 4,258
judge, mayor, or clerk of the court or mayor's court, if the 4,259
license or permit has been suspended or revoked in connection 4,260
103
with any of the offenses listed in this section, forthwith shall 4,261
forward it to the registrar with notice of the action of the 4,263
court.
(2) Suspension of a commercial driver's license under this 4,265
section shall be concurrent with any period of disqualification 4,266
under section 2301.374 or 4506.16 of the Revised Code. No person 4,267
who is disqualified for life from holding a commercial driver's 4,268
license under section 4506.16 of the Revised Code shall be issued 4,269
a driver's license under this chapter during the period for which 4,270
the commercial driver's license was suspended under this section, 4,271
and no person whose commercial driver's license is suspended 4,272
under this section shall be issued a driver's license under this 4,273
chapter during the period of the suspension. 4,274
(I) No judge shall suspend the first thirty days of 4,276
suspension of a driver's or commercial driver's license or permit 4,278
or a nonresident operating privilege required under division (A) 4,279
of this section, no judge or mayor shall suspend the first six 4,280
months of suspension required under division (B)(1) of this 4,281
section, no judge shall suspend the first year of suspension 4,282
required under division (B)(2) of this section, no judge shall 4,283
suspend the first year of suspension required under division 4,284
(B)(3) of this section, no judge shall suspend the first three 4,285
years of suspension required under division (B)(4) of this 4,286
section, no judge or mayor shall suspend the revocation required 4,287
by division (D) of this section, and no judge or mayor shall 4,288
suspend the first sixty days of suspension required under 4,289
division (E) of this section, except that the court shall credit 4,290
any period of suspension imposed pursuant to section 4511.191 or 4,291
4511.196 of the Revised Code against any time of suspension 4,292
imposed pursuant to division (B) or (E) of this section as 4,293
described in division (J) of this section.
(J) The judge of the court or mayor of the mayor's court 4,295
shall credit any time during which an offender was subject to an 4,296
administrative suspension of the offender's driver's or 4,297
104
commercial driver's license or permit or nonresident operating 4,299
privilege imposed pursuant to division (E) or (F) of section 4,300
4511.191 or a suspension imposed by a judge, referee, or mayor 4,301
pursuant to division (B)(1) or (2) of section 4511.196 of the 4,302
Revised Code against the time to be served under a related 4,303
suspension imposed pursuant to this section. 4,304
(K) The judge or mayor shall notify the bureau of any 4,306
determinations made, and of any suspensions or revocations 4,307
imposed, pursuant to division (B) of this section. 4,308
(L)(1) If a court issues an ignition interlock order under 4,310
division (F) of this section, the order shall authorize the 4,311
offender during the specified period to operate a motor vehicle 4,312
only if it is equipped with a certified ignition interlock 4,313
device. The court shall provide the offender with a copy of an 4,314
ignition interlock order issued under division (F) of this 4,315
section, and the copy of the order shall be used by the offender 4,316
in lieu of an Ohio driver's or commercial driver's license or 4,317
permit until the registrar or a deputy registrar issues the 4,318
offender a restricted license. 4,319
An order issued under division (F) of this section does not 4,321
authorize or permit the offender to whom it has been issued to 4,322
operate a vehicle during any time that the offender's driver's or 4,323
commercial driver's license or permit is suspended or revoked 4,324
under any other provision of law. 4,325
(2) The offender may present the ignition interlock order 4,327
to the registrar or to a deputy registrar. Upon presentation of 4,328
the order to the registrar or a deputy registrar, the registrar 4,329
or deputy registrar shall issue the offender a restricted 4,330
license. A restricted license issued under this division shall 4,331
be identical to an Ohio driver's license, except that it shall 4,332
have printed on its face a statement that the offender is 4,333
prohibited during the period specified in the court order from 4,334
operating any motor vehicle that is not equipped with a certified 4,335
ignition interlock device, and except that the date of 4,336
105
commencement and the date of termination of the period shall be 4,337
indicated conspicuously upon the face of the license. 4,338
(3) As used in this section: 4,340
(a) "Ignition interlock device" has the same meaning as in 4,342
section 4511.83 of the Revised Code. 4,343
(b) "Certified ignition interlock device" means an 4,345
ignition interlock device that is certified pursuant to section 4,346
4511.83 of the Revised Code. 4,347
Sec. 4507.162. (A) Except as provided in division (C) of 4,356
this section, the registrar of motor vehicles shall suspend the 4,357
probationary driver's license or restricted license issued to any 4,358
person when the person, before reaching his THE PERSON'S 4,359
eighteenth birthday, has been convicted of, pleaded guilty to, or 4,361
been adjudicated in juvenile court of having committed any of the 4,362
following:
(1) Three separate violations in any two-year period of 4,364
section 2903.06, 2903.07, 2903.08, 2921.331, 4511.12, 4511.13, 4,365
4511.15, 4511.191, 4511.192, 4511.20, 4511.201, 4511.202, 4,366
4511.21, 4511.22, 4511.23, 4511.25 to 4511.48, 4511.57 to 4,367
4511.65, 4511.75, 4549.02, 4549.021, or 4549.03 of the Revised 4,368
Code, section 2903.04 of the Revised Code in a case in which the 4,369
person would have been subject to the sanctions described in 4,370
division (D) of that section had he THE PERSON been convicted of 4,371
the violation of that section, or any municipal ordinances 4,373
similarly relating to the offenses contained in those sections; 4,374
(2) One violation of section 4511.19 of the Revised Code 4,376
or a substantially similar municipal ordinance. 4,377
Any person whose license is suspended under division (A) of 4,379
this section shall mail or deliver his THE PERSON'S probationary 4,380
driver's license or restricted license to the registrar within 4,382
fourteen days of notification of the suspension. The registrar 4,383
shall retain the license during the period of the suspension. A 4,384
suspension pursuant to division (A)(1) of this section shall 4,385
remain in effect until one year has elapsed since the date of 4,386
106
suspension of the probationary driver's license or restricted 4,387
license and a suspension pursuant to division (A)(2) of this 4,388
section shall remain in effect until six months have elapsed 4,389
since the date of the suspension. If the person's probationary 4,390
driver's license or restricted license is under suspension on the 4,391
date the court imposes sentence upon the person for a violation 4,392
described in division (A)(2) of this section, the suspension 4,393
shall take effect on the next day immediately following the end 4,394
of that period of suspension. If the person is sixteen years of 4,395
age or older and pleads guilty to or is convicted of a violation 4,396
described in division (A)(2) of this section and he THE PERSON 4,397
does not have a current, valid probationary driver's license or 4,399
restricted license, the registrar shall deny the issuance to the 4,400
person of a probationary driver's license, restricted license, 4,401
driver's license, probationary commercial driver's license, or 4,402
commercial driver's license, as the case may be, for six months 4,403
beginning on the date the court imposes sentence upon the person 4,404
for the violation. If the person has not attained the age of 4,405
sixteen years on the date the court imposes sentence upon him THE 4,406
PERSON for the violation, the period of denial shall commence on 4,408
the date the person attains the age of sixteen years. 4,409
(B) The registrar also shall suspend the temporary 4,411
instruction permit or probationary driver's license of any person 4,412
under the age of eighteen who has been adjudicated unruly, 4,413
delinquent, or a juvenile traffic offender for having committed 4,414
any act that if committed by an adult would be a drug abuse 4,415
offense as defined in section 2925.01 of the Revised Code, or a 4,416
violation of division (B) of section 2917.11 of the Revised Code 4,417
until the person reaches the age of eighteen years or attends, at 4,418
the discretion of the court, and satisfactorily completes a drug 4,419
abuse or alcohol abuse education, intervention, or treatment 4,420
program specified by the court. Any person whose temporary 4,421
instruction permit or probationary driver's license is suspended 4,422
under this division shall mail or deliver his THE PERSON'S permit 4,424
107
or license to the registrar within fourteen days of notification 4,425
of the suspension. The registrar shall retain the license during 4,426
the period of the suspension. 4,427
(C) If a person is convicted of, pleads guilty to, or is 4,429
adjudicated in juvenile court of having committed a third 4,430
violation of sections 4511.12, 4511.13, 4511.15, 4511.20 to 4,431
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or 4,432
4511.75 of the Revised Code or any similar municipal ordinances 4,433
within a two-year period, and the person, within the preceding 4,434
seven years, has been convicted of, pleaded guilty to, or 4,435
adjudicated in juvenile court of having committed three or more 4,436
violations of division (A) or (B) of section 4511.19 of the 4,437
Revised Code, a municipal ordinance relating to operating a 4,438
vehicle while under the influence of alcohol, a drug of abuse, or 4,439
alcohol and a drug of abuse, a municipal ordinance relating to 4,440
operating a vehicle with a prohibited concentration of alcohol in 4,441
the blood, breath, or urine, section 2903.04 of the Revised Code 4,442
in a case in which the person was subject to the sanctions 4,443
described in division (D) of that section, or section 2903.06, 4,444
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 4,445
that is substantially similar to section 2903.07 of the Revised 4,446
Code in a case in which the jury or judge found that the person 4,447
was under the influence of alcohol, a drug of abuse, or alcohol 4,448
and a drug of abuse, the person is not entitled to request, and 4,449
the court shall not grant to the person, occupational driving 4,450
privileges under this division. For any other person who is 4,451
convicted of, pleads guilty to, or is adjudicated in juvenile 4,452
court of having committed a third violation of sections 4511.12, 4,453
4511.13, 4511.15, 4511.20 to 4511.23, 4511.25, 4511.26 to 4,454
4511.48, 4511.57 to 4511.65, or 4511.75 of the Revised Code or 4,455
any similar municipal ordinances within a two-year period, the 4,456
court in which the third conviction, finding, plea, or 4,457
adjudication was made, upon petition of the person, may grant the 4,458
person occupational driving privileges if the court finds that 4,459
108
the person will reach his THE PERSON'S eighteenth birthday before 4,461
the period of suspension required to be imposed under division 4,462
(A)(1) of this section expires and further finds reasonable cause 4,463
to believe that the suspension, if continued beyond the person's 4,464
eighteenth birthday, will seriously affect the person's ability 4,465
to continue in his employment. The occupational driving 4,466
privileges granted under this division shall be effective on the 4,467
person's eighteenth birthday and during the period following such 4,468
birthday for which the suspension would otherwise be imposed. A 4,469
court shall not grant occupational driving privileges to any 4,470
person who, within seven years of the filing of the petition, has 4,471
been convicted of, pleaded guilty to, or adjudicated in juvenile 4,472
court of having committed three or more violations of division 4,473
(A) or (B) of section 4511.19 of the Revised Code, a municipal 4,474
ordinance relating to operating a vehicle while under the 4,475
influence of alcohol, a drug of abuse, or alcohol and a drug of 4,476
abuse, a municipal ordinance relating to operating a vehicle with 4,477
a prohibited concentration of alcohol in the blood, breath, or 4,478
urine, section 2903.04 of the Revised Code in a case in which the 4,479
person was subject to the sanctions described in division (D) of 4,480
that section, or section 2903.06, 2903.07, or 2903.08 of the 4,481
Revised Code or a municipal ordinance that is substantially 4,482
similar to section 2903.07 of the Revised Code in a case in which 4,483
the jury or judge found that the person was under the influence 4,484
of alcohol, a drug of abuse, or alcohol and a drug of abuse. In 4,485
granting occupational driving privileges, the court shall specify 4,486
the times and places at which the person may drive and may impose 4,487
any other conditions upon the person's use of a motor vehicle 4,488
that the court considers reasonable and necessary. 4,489
A court that grants occupational driving privileges to a 4,491
person under this division shall retain the person's probationary 4,492
driver's license or restricted license during the period the 4,493
license is suspended and also during the period for which 4,494
occupational driving privileges are granted, and shall deliver to 4,495
109
the person a permit card, in a form to be prescribed by the 4,496
court, setting forth the date on which the occupational driving 4,497
privileges will become effective, the times and places at which 4,498
the person may drive, and any other conditions imposed upon the 4,499
person's use of a motor vehicle. 4,500
The court immediately shall notify the registrar, in 4,502
writing, of a grant of occupational driving privileges. The 4,503
notification shall specify the date on which the occupational 4,504
driving privileges will become effective, the times and places at 4,505
which the person may drive, and any other conditions imposed upon 4,506
the person's use of a motor vehicle. The registrar shall not 4,507
suspend the probationary driver's license or restricted license 4,508
of any person pursuant to division (A) of this section during any 4,509
period for which the person has been granted occupational driving 4,510
privileges as provided in this division, if the registrar has 4,511
received the notification described in this division from the 4,512
court. 4,513
(D) If a person who has been granted occupational driving 4,515
privileges under division (C) of this section is convicted of, 4,516
pleads guilty to, or is adjudicated in juvenile court of having 4,517
committed, a violation of section 4507.02 of the Revised Code, or 4,518
a fourth or subsequent violation of any of the other sections of 4,519
the Revised Code listed in division (A)(1) of this section or any 4,520
similar municipal ordinance during the period for which he THE 4,521
PERSON was granted occupational driving privileges, the court 4,523
that granted the occupational driving privileges shall revoke 4,524
them and cancel the person's permit card. The court or the clerk 4,525
of the court immediately shall forward the person's probationary 4,526
driver's license or restricted license together with written 4,527
notification of the court's action to the registrar. Upon 4,528
receipt of the license and notification, the registrar shall 4,529
suspend the person's probationary driver's license or restricted 4,530
license for a period of one year. The registrar shall retain the 4,531
license during the period of suspension, and no further 4,532
110
occupational driving privileges shall be granted during that 4,533
period.
(E) No application for a driver's or commercial driver's 4,535
license shall be received from any person whose probationary 4,536
driver's license or restricted license has been suspended under 4,537
this section until the suspension period has expired, a temporary 4,538
instruction permit or commercial driver's license temporary 4,539
instruction permit has been issued, and the applicant has 4,540
submitted to the examination for a driver's license as provided 4,541
for in section 4507.11 or a commercial driver's license as 4,542
provided in Chapter 4506. of the Revised Code. 4,543
Sec. 4507.163. (A) Any person of insufficient age to 4,552
purchase intoxicating liquor or beer who, contrary to division 4,553
(A) or (C) of section 4507.30 of the Revised Code, displays as 4,554
proof that he THE PERSON is of sufficient age to purchase 4,555
intoxicating liquor or beer, a driver's or commercial driver's 4,557
license, knowing the same to be fictitious, altered, or not his 4,558
THE PERSON'S own, shall thereby forfeit the driving privileges 4,560
authorized by his THE PERSON'S own driver's license, probationary 4,562
driver's license, commercial driver's license, probationary 4,563
commercial driver's license, temporary instruction permit, or 4,564
commercial driver's license temporary instruction permit and be 4,565
denied the issuance or reissuance of any such license or permit 4,566
by the registrar of motor vehicles for one year beginning with 4,567
the date on which notification of such forfeiture and denial is 4,568
mailed to him THE PERSON by the registrar. 4,569
(B) In any prosecution, or in any proceeding before the 4,571
liquor control commission, in which the defense authorized by 4,572
section 4301.639 of the Revised Code is sustained, the clerk of 4,573
the court in which said THE prosecution was had, or the clerk of 4,574
the liquor control commission, shall certify to the registrar of 4,575
motor vehicles the facts ascertainable from his THE CLERK'S 4,576
records evidencing violation of division (A) or (C) of section 4,577
4507.30 of the Revised Code by a person of insufficient age to 4,578
111
purchase intoxicating liquor or beer, including in such THE 4,579
certification the PERSON'S name and residence address of such 4,580
person.
(C) The registrar of motor vehicles, upon receipt of said 4,582
THE certification, shall suspend such THE person's license or 4,584
permit to drive subject to review as provided in this section, 4,585
and shall mail to such THE person, at his THE PERSON'S last known 4,587
address, a notice of the suspension and of the hearing provided 4,588
in division (D) of this section. 4,589
(D) Any person whose license or permit to drive has been 4,591
suspended under this section may, within twenty days of the 4,592
mailing of the notice provided above, MAY file a petition in the 4,593
municipal court or county court, or in case such THE person is 4,594
under the age of eighteen years, in the juvenile court, in whose 4,595
jurisdiction such THE person resides, agreeing to pay the cost of 4,597
the proceedings, and alleging error by the registrar of motor
vehicles in the suspension of the license or permit to drive, or 4,598
in one or more of the matters within the scope of the hearing as 4,599
provided in this section, or both. Such THE petitioner shall 4,600
notify the registrar of the filing of the petition and send him 4,601
THE REGISTRAR a copy thereof. The scope of such THE hearing 4,603
shall be limited to whether a court of record did in fact find 4,604
that the petitioner displayed, or, if the original proceedings 4,605
were before the liquor control commission, whether the petitioner 4,606
did in fact display, as proof that he THE PERSON was of 4,607
sufficient age to purchase intoxicating liquor or beer, a 4,609
driver's or commercial driver's license knowing the same to be 4,610
fictitious, altered, or not his THE PERSON'S own, and whether he 4,611
THE PERSON was at that time of insufficient age legally to make a 4,612
purchase of intoxicating liquor or beer. 4,613
(E) In any hearing authorized by this section, the 4,615
registrar of motor vehicles shall be represented by the 4,616
prosecuting attorney of the county where the petitioner resides. 4,617
(F) If the court finds from the evidence submitted that 4,619
112
such THE person has failed to show error in the action by the 4,620
registrar of motor vehicles or in one or more of the matters 4,621
within the scope of the hearing as limited in division (D) of 4,622
this section, or both, the court shall assess the cost of the 4,623
proceeding against such THE person and shall impose the 4,624
suspension provided in divisions (A) and (C) of this section. If 4,625
the court finds that such THE person has shown error in the 4,626
action taken by the registrar, or in one or more of the matters 4,627
within the scope of the hearing as limited in division (B) of 4,628
this section, or both, the cost of the proceeding shall be paid 4,629
out of the county treasury of the county in which the proceedings 4,630
were held, and the suspension provided in divisions (A) and (C) 4,631
of this section shall not be imposed. The court shall inform the 4,632
registrar of motor vehicles in writing of the action taken. 4,633
Sec. 4507.169. (A) The registrar of motor vehicles shall 4,642
suspend for six months THE PERIOD OF TIME SPECIFIED IN THIS 4,643
DIVISION the driver's or commercial driver's license or permit 4,645
of, or deny for six months SUCH PERIOD OF TIME the issuance of a 4,646
driver's or commercial driver's license or permit to, any person 4,647
who is a resident of this state and is convicted of or pleads 4,649
guilty to a violation of a statute of any other state or any
federal statute that is substantially similar to section 2925.02, 4,651
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 4,652
2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 4,653
of the Revised Code. Upon receipt of a report from a court, 4,654
court clerk, or other official of any other state or from any 4,655
federal authority that a resident of this state was convicted of 4,656
or pleaded guilty to an offense described in this division, the 4,657
registrar shall send a notice by regular first class mail to the 4,658
person, at the person's last known address as shown in the 4,660
records of the bureau of motor vehicles, informing the person of 4,661
the suspension or denial, that the suspension or denial will take 4,662
effect twenty-one days from the date of the notice, and that, if 4,663
the person wishes to appeal the suspension or denial, the person 4,665
113
must file a notice of appeal within twenty-one days of the date 4,667
of the notice requesting a hearing on the matter. If the person 4,668
requests a hearing, the registrar shall hold the hearing not more 4,669
than forty days after receipt by the registrar of the notice of 4,670
appeal. The filing of a notice of appeal does not stay the 4,672
operation of the suspension or denial that must be imposed 4,673
pursuant to this division. The scope of the hearing shall be 4,674
limited to whether the person actually was convicted of or 4,675
pleaded guilty to the offense for which the suspension or denial 4,677
is to be imposed.
If the person is a resident of this state who does not have 4,679
a current, valid Ohio driver's or commercial driver's license, 4,680
the notice shall inform the person that the person will be denied 4,682
issuance of a driver's or commercial driver's license or permit
for six months beginning on the date of the notice THE PERIOD OF 4,684
SUSPENSION OR DENIAL THE REGISTRAR IS REQUIRED TO IMPOSE UNDER 4,685
THIS DIVISION SHALL END EITHER ON THE LAST DAY OF ANY PERIOD OF
SUSPENSION OF THE PERSON'S NONRESIDENT OPERATING PRIVILEGE 4,686
IMPOSED BY THE STATE OR FEDERAL COURT LOCATED IN THE OTHER STATE, 4,687
OR THE DATE SIX MONTHS AND TWENTY-ONE DAYS FROM THE DATE OF THE 4,688
NOTICE SENT BY THE REGISTRAR TO THE PERSON UNDER THIS DIVISION, 4,689
WHICHEVER IS EARLIER.
The registrar shall subscribe to or otherwise participate 4,691
in any information system or register, or enter into reciprocal 4,692
and mutual agreements with other states and federal authorities, 4,693
in order to facilitate the exchange of information with other 4,694
states and the United States government regarding persons who 4,695
plead guilty to or are convicted of offenses described in this 4,696
division and therefore are subject to the suspension or denial 4,697
described in this division. 4,698
(B) The registrar shall suspend for six months THE PERIOD 4,700
OF TIME SPECIFIED IN THIS DIVISION the driver's or commercial 4,701
driver's license or permit of, or deny for six months SUCH PERIOD 4,702
OF TIME the issuance of a driver's or commercial driver's license 4,703
114
or permit to, any person who is a resident of this state and is 4,704
convicted of or pleads guilty to a violation of a statute of any 4,706
other state or a municipal ordinance of a municipal corporation 4,707
located in any other state that is substantially similar to 4,708
section 4511.19 of the Revised Code. Upon receipt of a report 4,709
from another state made pursuant to section 4511.95 4507.60 of 4,710
the Revised Code indicating that a resident of this state was 4,711
convicted of or pleaded guilty to an offense described in this 4,712
division, the registrar shall send a notice by regular first 4,714
class mail to the person, at the person's last known address as 4,715
shown in the records of the bureau of motor vehicles, informing 4,716
the person of the suspension or denial, that the suspension or 4,717
denial will take effect twenty-one days from the date of the 4,718
notice, and that, if the person wishes to appeal the suspension 4,719
or denial, the person must file a notice of appeal within 4,720
twenty-one days of the date of the notice requesting a hearing on 4,721
the matter. If the person requests a hearing, the registrar 4,722
shall hold the hearing not more than forty days after receipt by 4,723
the registrar of the notice of appeal. The filing of a notice of 4,724
appeal does not stay the operation of the suspension or denial 4,725
that must be imposed pursuant to this division. The scope of the 4,726
hearing shall be limited to whether the person actually was 4,727
convicted of or pleaded guilty to the offense for which the 4,728
suspension or denial is to be imposed. 4,729
If the person is a resident of this state but does not have 4,731
a current, valid Ohio driver's or commercial driver's license, 4,732
the notice shall inform the person that the person will be denied 4,734
issuance of a driver's or commercial driver's license or permit
for six months beginning on the date of the notice THE PERIOD OF 4,736
SUSPENSION OR DENIAL THE REGISTRAR IS REQUIRED TO IMPOSE UNDER 4,737
THIS DIVISION SHALL END EITHER ON THE LAST DAY OF ANY PERIOD OF
SUSPENSION OF THE PERSON'S NONRESIDENT OPERATING PRIVILEGE 4,738
IMPOSED BY THE STATE OR FEDERAL COURT LOCATED IN THE OTHER STATE, 4,739
OR THE DATE SIX MONTHS AND TWENTY-ONE DAYS FROM THE DATE OF THE 4,740
115
NOTICE SENT BY THE REGISTRAR TO THE PERSON UNDER THIS DIVISION, 4,741
WHICHEVER IS EARLIER.
(C) The registrar shall suspend for six months THE PERIOD 4,743
OF TIME SPECIFIED IN THIS DIVISION the driver's or commercial 4,744
driver's license or permit of, or deny for six months SUCH PERIOD 4,745
OF TIME the issuance of a driver's or commercial driver's license 4,746
or permit to, any child who is a resident of this state and is 4,748
convicted of or pleads guilty to a violation of a statute of any 4,750
other state or any federal statute that is substantially similar 4,751
to section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 4,752
2925.12, 2925.13, 2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 4,753
2925.36, or 2925.37 of the Revised Code. Upon receipt of a 4,754
report from a court, court clerk, or other official of any other 4,755
state or from any federal authority that a child who is a 4,756
resident of this state was convicted of or pleaded guilty to an 4,757
offense described in this division, the registrar shall send a 4,758
notice by regular first class mail to the child, at the child's 4,759
last known address as shown in the records of the bureau of motor 4,760
vehicles, informing the child of the suspension or denial, that 4,761
the suspension or denial will take effect twenty-one days from 4,762
the date of the notice, and that, if the child wishes to appeal 4,763
the suspension or denial, the child must file a notice of appeal
within twenty-one days of the date of the notice requesting a 4,764
hearing on the matter. If the child requests a hearing, the 4,765
registrar shall hold the hearing not more than forty days after 4,767
receipt by the registrar of the notice of appeal. The filing of 4,768
a notice of appeal does not stay the operation of the suspension 4,769
or denial that must be imposed pursuant to this division. The 4,770
scope of the hearing shall be limited to whether the child 4,771
actually was convicted of or pleaded guilty to the offense for 4,772
which the suspension or denial is to be imposed. 4,773
THE PERIOD OF SUSPENSION THE REGISTRAR IS REQUIRED TO 4,775
IMPOSE UNDER THIS DIVISION SHALL END EITHER ON THE LAST DAY OF 4,776
ANY PERIOD OF SUSPENSION OF THE CHILD'S NONRESIDENT OPERATING 4,777
116
PRIVILEGE IMPOSED BY THE STATE OR FEDERAL COURT LOCATED IN THE 4,778
OTHER STATE, OR THE DATE SIX MONTHS AND TWENTY-ONE DAYS FROM THE 4,779
DATE OF THE NOTICE SENT BY THE REGISTRAR TO THE CHILD UNDER THIS
DIVISION, WHICHEVER IS EARLIER. If the child is a resident of 4,780
this state who is sixteen years of age or older and does not have 4,782
a current, valid Ohio driver's or commercial driver's license or 4,783
permit, the notice shall inform the child that the child will be 4,784
denied issuance of a driver's or commercial driver's license or 4,785
permit for six months beginning on the date of the notice. If 4,786
the child has not attained the age of sixteen years on the date 4,787
of the notice, the notice shall inform the child that the period 4,788
of denial OF SIX MONTHS shall commence on the date the child 4,789
attains the age of sixteen years.
The registrar shall subscribe to or otherwise participate 4,791
in any information system or register, or enter into reciprocal 4,792
and mutual agreements with other states and federal authorities, 4,793
in order to facilitate the exchange of information with other 4,794
states and the United States government regarding children who 4,795
are residents of this state and plead guilty to or are convicted 4,796
of offenses described in this division and therefore are subject 4,797
to the suspension or denial described in this division. 4,798
(D) The registrar shall suspend for six months THE PERIOD 4,800
OF TIME SPECIFIED IN THIS DIVISION the driver's or commercial 4,801
driver's license or permit of, or deny for six months SUCH PERIOD 4,802
OF TIME the issuance of a driver's or commercial driver's license 4,803
or permit to, any child who is a resident of this state and is 4,805
convicted of or pleads guilty to a violation of a statute of any 4,807
other state or a municipal ordinance of a municipal corporation 4,808
located in any other state that is substantially similar to 4,809
section 4511.19 of the Revised Code. Upon receipt of a report 4,810
from another state made pursuant to section 4511.95 4507.60 of 4,811
the Revised Code indicating that a child who is a resident of 4,812
this state was convicted of or pleaded guilty to an offense
described in this division, the registrar shall send a notice by 4,813
117
regular first class mail to the child, at the child's last known 4,814
address as shown in the records of the bureau of motor vehicles, 4,815
informing the child of the suspension or denial, that the 4,816
suspension or denial will take effect twenty-one days from the 4,819
date of the notice, and that, if the child wishes to appeal the 4,821
suspension or denial, the child must file a notice of appeal 4,822
within twenty-one days of the date of the notice requesting a 4,823
hearing on the matter. If the child requests a hearing, the 4,824
registrar shall hold the hearing not more than forty days after 4,826
receipt by the registrar of the notice of appeal. The filing of 4,827
a notice of appeal does not stay the operation of the suspension 4,828
or denial that must be imposed pursuant to this division. The 4,829
scope of the hearing shall be limited to whether the child 4,830
actually was convicted of or pleaded guilty to the offense for 4,832
which the suspension or denial is to be imposed. 4,833
THE PERIOD OF SUSPENSION THE REGISTRAR IS REQUIRED TO 4,835
IMPOSE UNDER THIS DIVISION SHALL END EITHER ON THE LAST DAY OF 4,836
ANY PERIOD OF SUSPENSION OF THE CHILD'S NONRESIDENT OPERATING 4,837
PRIVILEGE IMPOSED BY THE STATE OR FEDERAL COURT LOCATED IN THE 4,838
OTHER STATE, OR THE DATE SIX MONTHS AND TWENTY-ONE DAYS FROM THE 4,839
DATE OF THE NOTICE SENT BY THE REGISTRAR TO THE CHILD UNDER THIS
DIVISION, WHICHEVER IS EARLIER. If the child is a resident of 4,840
this state who is sixteen years of age or older and does not have 4,842
a current, valid Ohio driver's or commercial driver's license or 4,843
permit, the notice shall inform the child that the child will be 4,844
denied issuance of a driver's or commercial driver's license or 4,845
permit for six months beginning on the date of the notice. If 4,846
the child has not attained the age of sixteen years on the date 4,847
of the notice, the notice shall inform the child that the period 4,848
of denial OF SIX MONTHS shall commence on the date the child 4,849
attains the age of sixteen years.
(E) Any person whose license or permit has been suspended 4,851
pursuant to division (B) or (D) of this section may file a 4,852
petition in the municipal or county court, or in case the person 4,853
118
is under eighteen years of age, the juvenile court, in whose 4,854
jurisdiction the person resides, agreeing to pay the cost of the 4,856
proceedings and alleging that the suspension would seriously 4,857
affect the person's ability to continue the person's employment. 4,858
Upon satisfactory proof that there is reasonable cause to believe
that the suspension would seriously affect the person's ability 4,859
to continue the person's employment, the judge may grant the 4,860
person occupational driving privileges during the period during 4,861
which the suspension otherwise would be imposed, except that the 4,862
judge shall not grant occupational driving privileges for 4,863
employment as a driver of a commercial motor vehicle to any 4,864
person who would be disqualified from operating a commercial 4,866
motor vehicle under section 4506.16 of the Revised Code if the 4,868
violation had occurred in this state, or during any of the 4,869
following periods of time:
(1) If the person has not been convicted within five years 4,871
of the date of the offense giving rise to the suspension under 4,872
this section of a violation of section 4511.19 of the Revised 4,873
Code, of a municipal ordinance relating to operating a vehicle 4,874
under the influence of alcohol, a drug of abuse, or alcohol and a 4,875
drug of abuse, of a municipal ordinance relating to operating a 4,876
motor vehicle with a prohibited concentration of alcohol in the 4,877
blood, breath, or urine, of section 2903.04 of the Revised Code 4,878
in a case in which the person was subject to the sanctions 4,880
described in division (D) of that section, or of section 2903.06, 4,881
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 4,882
that is substantially similar to section 2903.07 of the Revised 4,883
Code in a case in which the jury or judge found that the person 4,884
was under the influence of alcohol, a drug of abuse, or alcohol 4,885
and a drug of abuse, the first fifteen days of the suspension. 4,886
(2) If the person has been convicted only one time within 4,888
five years of the date of the offense giving rise to the 4,889
suspension under this section of a violation of section 4511.19 4,890
of the Revised Code, of a municipal ordinance relating to 4,891
119
operating a vehicle under the influence of alcohol, a drug of 4,893
abuse, or alcohol and a drug of abuse, of a municipal ordinance 4,894
relating to operating a motor vehicle with a prohibited 4,895
concentration of alcohol in the blood, breath, or urine, of 4,896
section 2903.04 of the Revised Code in a case in which the person
was subject to the sanctions described in division (D) of that 4,898
section, or of section 2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal ordinance that is substantially 4,899
similar to section 2903.07 of the Revised Code in a case in which 4,900
the jury or judge found that the person was under the influence 4,901
of alcohol, a drug of abuse, or alcohol and a drug of abuse, the 4,902
first thirty days of the suspension. 4,903
(3) If the person has been convicted two times within five 4,905
years of the date of the offense giving rise to the suspension 4,906
under this section of a violation of section 4511.19 of the 4,907
Revised Code, of a municipal ordinance relating to operating a 4,908
vehicle under the influence of alcohol, a drug of abuse, or 4,909
alcohol and a drug of abuse, of a municipal ordinance relating to 4,910
operating a motor vehicle with a prohibited concentration of 4,911
alcohol in the blood, breath, or urine, of section 2903.04 of the 4,912
Revised Code in a case in which the person was subject to the 4,913
sanctions described in division (D) of that section, or of 4,914
section 2903.06, 2903.07, or 2903.08 of the Revised Code or a 4,915
municipal ordinance that is substantially similar to section 4,916
2903.07 of the Revised Code in a case in which the jury or judge 4,917
found that the person was under the influence of alcohol, a drug 4,918
of abuse, or alcohol and a drug of abuse, the first one hundred 4,919
eighty days of the suspension.
(4) If the person has been convicted three or more times 4,921
within five years of the date of the offense giving rise to the 4,922
suspension under this section of a violation of section 4511.19 4,923
of the Revised Code, of a municipal ordinance relating to 4,924
operating a vehicle under the influence of alcohol, a drug of 4,925
abuse, or alcohol and a drug of abuse, of a municipal ordinance 4,926
120
relating to operating a motor vehicle with a prohibited 4,927
concentration of alcohol in the blood, breath, or urine, of 4,928
section 2903.04 of the Revised Code in a case in which the person 4,929
was subject to the sanctions described in division (D) of that 4,930
section, or of section 2903.06, 2903.07, or 2903.08 of the 4,931
Revised Code or a municipal ordinance that is substantially 4,932
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the person was under the influence 4,933
of alcohol, a drug of abuse, or alcohol and a drug of abuse, no 4,934
occupational driving privileges may be granted. 4,935
If a person petitions for occupational driving privileges 4,937
under division (E) of this section, the registrar shall be 4,939
represented by the county prosecutor of the county in which the 4,940
person resides if the petition is filed in a juvenile court or 4,941
county court, except that if the person resides within a city or 4,942
village that is located within the jurisdiction of the county in 4,943
which the petition is filed, the city director of law or village 4,944
solicitor of that city or village shall represent the registrar. 4,945
If the petition is filed in a municipal court, the registrar 4,946
shall be represented as provided in section 1901.34 of the 4,947
Revised Code.
In granting occupational driving privileges under division 4,949
(E) of this section, the court may impose any condition it 4,951
considers reasonable and necessary to limit the use of a vehicle 4,952
by the person. The court shall deliver to the person a permit 4,953
card, in a form to be prescribed by the court, setting forth the 4,954
time, place, and other conditions limiting the person's use of a 4,955
motor vehicle. The grant of occupational driving privileges 4,956
shall be conditioned upon the person's having the permit in his 4,957
THE PERSON'S possession at all times during which the person is 4,958
operating a vehicle. 4,959
A person granted occupational driving privileges who 4,961
operates a vehicle for other than occupational purposes, in 4,962
violation of any condition imposed by the court or without having 4,963
121
the permit in the person's possession, is guilty of a violation 4,964
of division (D)(1) of section 4507.02 of the Revised Code. 4,965
(F) As used in divisions (C) and (D) of this section: 4,967
(1) "Child" means a person who is under the age of 4,969
eighteen years, except that any person who violates a statute or 4,970
ordinance described in division (C) or (D) of this section prior 4,971
to attaining eighteen years of age shall be deemed a "child" 4,972
irrespective of the person's age at the time the complaint or 4,974
other equivalent document is filed in the other state or a 4,975
hearing, trial, or other proceeding is held in the other state on 4,976
the complaint or other equivalent document, and irrespective of 4,977
the person's age when the period of license suspension or denial 4,979
prescribed in division (C) or (D) of this section is imposed. 4,980
(2) "Is convicted of or pleads guilty to" means, as it 4,982
relates to a child who is a resident of this state, that in a 4,983
proceeding conducted in a state or federal court located in 4,984
another state for a violation of a statute or ordinance described 4,985
in division (C) or (D) of this section, the result of the 4,986
proceeding is any of the following: 4,987
(a) Under the laws that govern the proceedings of the 4,989
court, the child is adjudicated to be or admits to being a 4,990
delinquent child or a juvenile traffic offender for a violation 4,992
described in division (C) or (D) of this section that would be a 4,993
crime if committed by an adult; 4,994
(b) Under the laws that govern the proceedings of the 4,996
court, the child is convicted of or pleads guilty to a violation 4,997
described in division (C) or (D) of this section; 4,998
(c) Under the laws that govern the proceedings of the 5,000
court, irrespective of the terminology utilized in those laws, 5,001
the result of the court's proceedings is the functional 5,003
equivalent of division (F)(2)(a) or (b) of this section. 5,004
Sec. 4507.50. The registrar of motor vehicles or a deputy 5,014
registrar shall, upon receipt of an application filed in 5,015
compliance with section 4507.51 of the Revised Code by any person 5,016
122
who is a resident OR A TEMPORARY RESIDENT of this state and, 5,017
except as otherwise provided in this section, is not licensed as 5,018
an operator of a motor vehicle in this state or another licensing 5,019
jurisdiction, and upon receipt of a fee of three dollars and 5,020
fifty cents, SHALL issue an identification card to that person. 5,021
Any person who is a resident OR TEMPORARY RESIDENT of this 5,023
state whose Ohio driver's or commercial driver's license has been 5,024
suspended or revoked, may, upon application in compliance with 5,025
section 4507.51 of the Revised Code and payment of a fee of three 5,026
dollars and fifty cents, MAY be issued a temporary identification 5,027
card. The temporary identification card shall be identical to an 5,028
identification card, except that it shall be printed on its face 5,029
with a statement that the card is valid during the effective 5,030
dates of the suspension or revocation of the cardholder's 5,031
license, or until the birthday of the cardholder in the fourth 5,032
year after the date on which it is issued, whichever is shorter. 5,033
The cardholder shall surrender his THE identification card to the 5,035
registrar or any deputy registrar before his THE CARDHOLDER'S 5,036
driver's or commercial driver's license is restored or reissued. 5,037
The deputy registrar shall be allowed a fee of two dollars 5,039
and twenty-five cents for each identification card issued under 5,040
this section. The fee allowed to the deputy registrar shall be 5,041
in addition to the fee for issuing an identification card. 5,042
Neither the registrar nor any deputy registrar shall charge 5,044
a fee in excess of one dollar and fifty cents for laminating an 5,045
identification card or temporary identification card. A deputy 5,046
registrar laminating such a card shall retain the entire amount 5,047
of the fee charged for lamination, less the actual cost to the 5,048
registrar of the laminating materials used for that lamination, 5,049
as specified in the contract executed by the bureau for the 5,050
laminating materials and laminating equipment. The deputy 5,051
registrar shall forward the amount of the cost of the laminating 5,052
materials to the registrar for deposit as provided in this 5,053
section. 5,054
123
The fee collected for issuing an identification card under 5,056
this section, except the fee allowed to the deputy registrar, 5,057
shall be paid into the state treasury to the credit of the state 5,058
bureau of motor vehicles fund created in section 4501.25 of the 5,059
Revised Code. 5,060
Sec. 4507.52. Each identification card issued by the 5,069
registrar of motor vehicles or a deputy registrar shall bear a 5,070
distinguishing number assigned to the cardholder, and shall 5,071
contain the following inscription: 5,072
"STATE OF OHIO IDENTIFICATION CARD 5,074
This card is not valid for the purpose of operating a motor 5,076
vehicle. It is provided solely for the purpose of establishing 5,077
the identity of the bearer described on the card, who currently 5,078
is not licensed to operate a motor vehicle in the state of Ohio." 5,079
The identification card shall bear substantially the same 5,081
information as contained in the application and as described in 5,082
division (A)(1) of section 4507.51 of the Revised Code and shall 5,083
contain the color photograph of the cardholder. On and after May 5,084
1, 1993, if the cardholder has executed a durable power of 5,086
attorney for health care or a declaration governing the use or 5,087
continuation, or the withholding or withdrawal, of 5,088
life-sustaining treatment and has specified that the cardholder 5,089
wishes the identification card to indicate that the cardholder 5,090
has executed either type of instrument, the card also shall 5,091
contain any symbol chosen by the registrar to indicate that the 5,092
cardholder has executed either type of instrument. The card 5,093
shall be sealed in transparent plastic or similar material and 5,094
shall be so designed as to prevent its reproduction or alteration 5,095
without ready detection. 5,096
The identification card for persons under twenty-one years 5,098
of age shall have characteristics prescribed by the registrar 5,099
distinguishing it from that issued to a person who is twenty-one 5,100
years of age or older, EXCEPT THAT AN IDENTIFICATION CARD ISSUED 5,101
TO A PERSON WHO APPLIES NO MORE THAN THIRTY DAYS BEFORE THE 5,102
124
APPLICANT'S TWENTY-FIRST BIRTHDAY SHALL HAVE THE CHARACTERISTICS
OF AN IDENTIFICATION CARD ISSUED TO A PERSON WHO IS TWENTY-ONE 5,103
YEARS OF AGE OR OLDER. 5,104
Every identification card ISSUED TO A RESIDENT OF THIS 5,106
STATE shall expire, unless canceled or surrendered earlier, on 5,108
the birthday of the cardholder in the fourth year after the date 5,109
on which it is issued. EVERY IDENTIFICATION CARD ISSUED TO A 5,110
TEMPORARY RESIDENT SHALL EXPIRE IN ACCORDANCE WITH RULES ADOPTED 5,111
BY THE REGISTRAR AND IS NONRENEWABLE, BUT MAY BE REPLACED WITH A
NEW IDENTIFICATION CARD UPON THE APPLICANT'S COMPLIANCE WITH ALL 5,112
APPLICABLE REQUIREMENTS. A cardholder may renew the cardholder's 5,114
identification card within thirty NINETY days prior to the day on 5,115
which it expires by filing an application and paying the 5,116
prescribed fee in accordance with section 4507.50 of the Revised 5,117
Code.
If a cardholder applies for a driver's or commercial 5,119
driver's license in this state or another licensing jurisdiction, 5,120
the cardholder shall surrender the cardholder's identification 5,122
card to the registrar or any deputy registrar before the license 5,123
is issued.
If a card is lost, destroyed, or mutilated, the person to 5,125
whom the card was issued may obtain a duplicate by doing both of 5,126
the following: 5,127
(A) Furnishing suitable proof of the loss, destruction, or 5,129
mutilation to the registrar or a deputy registrar; 5,130
(B) Filing an application and presenting documentary 5,132
evidence under section 4507.51 of the Revised Code. 5,133
Any person who loses a card and, after obtaining a 5,135
duplicate, finds the original, immediately shall surrender the 5,137
original to the registrar or a deputy registrar.
A cardholder may obtain a replacement identification card 5,139
that reflects any change of the cardholder's name by furnishing 5,141
suitable proof of the change to the registrar or a deputy 5,142
registrar and surrendering the cardholder's existing card. 5,143
125
When a cardholder applies for a duplicate or obtains a 5,145
replacement identification card, the cardholder shall pay a fee 5,147
of two dollars and fifty cents. A deputy registrar shall be 5,148
allowed an additional fee of two dollars and twenty-five cents 5,149
for issuing a duplicate or replacement identification card. 5,151
A duplicate or replacement identification card shall expire 5,153
on the same date as the card it replaces. 5,154
The registrar shall cancel any card upon determining that 5,156
the card was obtained unlawfully, issued in error, or was 5,157
altered. The registrar also shall cancel any card that is 5,159
surrendered to the registrar or to a deputy registrar after the 5,160
holder has obtained a duplicate, replacement, or driver's or 5,162
commercial driver's license. 5,163
No agent of the state or its political subdivisions shall 5,165
condition the granting of any benefit, service, right, or 5,166
privilege upon the possession by any person of an identification 5,167
card. Nothing in this section shall preclude any publicly 5,168
operated or franchised transit system from using an 5,169
identification card for the purpose of granting benefits or 5,170
services of the system. 5,171
No person shall be required to apply for, carry, or possess 5,173
an identification card. 5,174
(C) Neither EXCEPT IN REGARD TO AN IDENTIFICATION CARD 5,176
ISSUED TO A PERSON WHO APPLIES NO MORE THAN THIRTY DAYS BEFORE 5,177
THE APPLICANT'S TWENTY-FIRST BIRTHDAY, NEITHER the registrar nor 5,178
any deputy registrar shall issue an identification card to a 5,179
person under twenty-one years of age that does not have the 5,180
characteristics prescribed by the registrar distinguishing it 5,181
from the identification card issued to persons who are twenty-one 5,182
years of age or older.
Sec. 4509.06. (A) The driver of any motor vehicle which 5,192
is in any manner involved in a motor vehicle accident shall 5,194
within thirty days SIX MONTHS OF THE ACCIDENT MAY forward a 5,195
written report of the accident to the registrar of motor vehicles 5,196
126
on a form prescribed by the registrar ALLEGING THAT A DRIVER OR 5,197
OWNER OF ANY OTHER VEHICLE INVOLVED IN THE ACCIDENT WAS UNINSURED 5,198
AT THE TIME OF THE ACCIDENT. 5,199
(B) UPON RECEIPT OF THE ACCIDENT REPORT, THE REGISTRAR 5,202
SHALL SEND A NOTICE BY REGULAR MAIL TO THE DRIVER AND OWNER 5,203
ALLEGED TO BE UNINSURED REQUIRING THE PERSON TO GIVE EVIDENCE 5,204
THAT THE PERSON HAD PROOF OF FINANCIAL RESPONSIBILITY IN EFFECT 5,205
AT THE TIME OF THE ACCIDENT. 5,206
(C) WITHIN THIRTY DAYS AFTER THE MAILING OF THE NOTICE BY 5,209
THE REGISTRAR, THE DRIVER OF THE VEHICLE ALLEGED TO BE UNINSURED 5,210
SHALL FORWARD A REPORT TOGETHER WITH ACCEPTABLE PROOF OF 5,211
FINANCIAL RESPONSIBILITY TO THE REGISTRAR IN A FORM PRESCRIBED BY 5,212
THE REGISTRAR. The forwarding of the report by the owner of the 5,213
motor vehicle involved in the accident is deemed compliance with 5,214
this section by the driver. This section does not change or 5,215
modify the duties of the driver or operator of a motor vehicle as 5,216
set forth in section 4549.02 of the Revised Code.
(D) IN ACCORDANCE WITH SECTIONS 4509.01 TO 4509.78 OF THE 5,218
REVISED CODE, THE REGISTRAR SHALL SUSPEND THE LICENSE OF ANY 5,219
PERSON WHO FAILS TO GIVE ACCEPTABLE PROOF OF FINANCIAL 5,220
RESPONSIBILITY AS REQUIRED IN THIS SECTION. 5,221
Sec. 4509.31. (A) Whenever the registrar of motor 5,230
vehicles receives notice from a court of record or mayor's court 5,231
that a person has been convicted of, pleads guilty to, or 5,232
forfeits any bail or collateral deposited to secure an appearance 5,233
for trial for any of the crimes listed in section 4507.16 of the 5,234
Revised Code, the registrar shall suspend the driver's or 5,235
commercial driver's license or permit or nonresident operating 5,236
privilege of the person and the registration of all motor 5,237
vehicles registered in the name of the person as the owner, 5,238
except that the registrar shall not suspend the driver's or 5,239
commercial driver's license or permit or nonresident operating 5,240
privilege, and registration unless otherwise required by law in 5,241
the event the person has given or immediately gives and 5,242
127
thereafter maintains, for a period of three years, proof of 5,243
financial responsibility with respect to all the motor vehicles 5,244
registered by the person as the owner. 5,245
(B) Except as provided in division (L) of section 4511.191 5,247
of the Revised Code, division (A) of this section does not apply 5,248
to any person who is convicted of, or pleads guilty to, a 5,249
violation of section 4511.19 of the Revised Code, of a municipal 5,250
ordinance relating to operating a vehicle while under the 5,251
influence of alcohol, a drug of abuse, or alcohol and a drug of 5,252
abuse, or of a municipal ordinance relating to operating a 5,253
vehicle with a prohibited concentration of alcohol in the blood, 5,254
breath, or urine, if the offender previously has not been 5,255
convicted of a violation of section 4511.19 of the Revised Code, 5,256
of a municipal ordinance relating to operating a vehicle while 5,257
under the influence of alcohol, a drug of abuse, or alcohol and a 5,258
drug of abuse or with a prohibited concentration of alcohol in 5,259
the blood, breath, or urine, or of a statute of THE UNITED STATES 5,261
OR OF any other state or a municipal ordinance of a municipal 5,262
corporation located in any other state that is substantially 5,263
similar to division (A) or (B) of section 4511.19 of the Revised 5,264
Code, and the offender did not cause serious physical harm to a 5,265
person other than the offender.
Sec. 4511.191. (A) Any person who operates a vehicle upon 5,275
a highway or any public or private property used by the public 5,276
for vehicular travel or parking within this state shall be deemed 5,277
to have given consent to a chemical test or tests of the person's 5,279
blood, breath, or urine for the purpose of determining the 5,280
alcohol, drug, or alcohol and drug content of the person's blood, 5,281
breath, or urine if arrested for operating a vehicle while under 5,283
the influence of alcohol, a drug of abuse, or alcohol and a drug 5,284
of abuse or for operating a vehicle with a prohibited 5,285
concentration of alcohol in the blood, breath, or urine. The 5,286
chemical test or tests shall be administered at the request of a 5,287
police officer having reasonable grounds to believe the person to 5,288
128
have been operating a vehicle upon a highway or any public or 5,289
private property used by the public for vehicular travel or 5,290
parking in this state while under the influence of alcohol, a 5,291
drug of abuse, or alcohol and a drug of abuse or with a 5,292
prohibited concentration of alcohol in the blood, breath, or 5,293
urine. The law enforcement agency by which the officer is 5,294
employed shall designate which of the tests shall be
administered. 5,295
(B) Any person who is dead or unconscious, or who is 5,297
otherwise in a condition rendering the person incapable of 5,298
refusal, shall be deemed not to have withdrawn consent as 5,300
provided by division (A) of this section and the test or tests 5,301
may be administered, subject to sections 313.12 to 313.16 of the 5,302
Revised Code. 5,303
(C)(1) Any person under arrest for operating a vehicle 5,305
while under the influence of alcohol, a drug of abuse, or alcohol 5,306
and a drug of abuse or for operating a vehicle with a prohibited 5,307
concentration of alcohol in the blood, breath, or urine shall be 5,308
advised at a police station, or at a hospital, first-aid station, 5,309
or clinic to which the person has been taken for first-aid or 5,310
medical treatment, of both of the following: 5,311
(a) The consequences, as specified in division (E) of this 5,313
section, of the person's refusal to submit upon request to a 5,314
chemical test designated by the law enforcement agency as 5,316
provided in division (A) of this section; 5,317
(b) The consequences, as specified in division (F) of this 5,319
section, of the person's submission to the designated chemical 5,321
test if the person is found to have a prohibited concentration of 5,322
alcohol in the blood, breath, or urine. 5,323
(2)(a) The advice given pursuant to division (C)(1) of 5,325
this section shall be in a written form containing the 5,326
information described in division (C)(2)(b) of this section and 5,327
shall be read to the person. The form shall contain a statement 5,328
that the form was shown to the person under arrest and read to 5,329
129
the person in the presence of the arresting officer and either 5,331
another police officer, a civilian police employee, or an 5,332
employee of a hospital, first-aid station, or clinic, if any, to 5,333
which the person has been taken for first-aid or medical 5,334
treatment. The witnesses shall certify to this fact by signing 5,335
the form.
(b) The form required by division (C)(2)(a) of this 5,337
section shall read as follows: 5,338
"You now are under arrest for operating a vehicle while 5,340
under the influence of alcohol, a drug of abuse, or both alcohol 5,341
and a drug of abuse and will be requested by a police officer to 5,342
submit to a chemical test to determine the concentration of 5,343
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 5,344
blood, breath, or urine. 5,345
If you refuse to submit to the requested test or if you 5,347
submit to the requested test and are found to have a prohibited 5,348
concentration of alcohol in your blood, breath, or urine, your 5,349
driver's or commercial driver's license or permit or nonresident 5,350
operating privilege immediately will be suspended for the period 5,351
of time specified by law by the officer, on behalf of the 5,352
registrar of motor vehicles. You may appeal this suspension at 5,353
your initial appearance before the court that hears the charges 5,354
against you resulting from the arrest, and your initial 5,355
appearance will be conducted no later than five days after the 5,356
arrest. This suspension is independent of the penalties for the 5,357
offense, and you may be subject to other penalties upon 5,358
conviction." 5,359
(D)(1) If a person under arrest as described in division 5,361
(C)(1) of this section is not asked by a police officer to submit 5,362
to a chemical test designated as provided in division (A) of this 5,363
section, the arresting officer shall seize the Ohio or 5,364
out-of-state driver's or commercial driver's license or permit of 5,365
the person and immediately forward the seized license or permit 5,366
to the court in which the arrested person is to appear on the 5,367
130
charge for which the person was arrested. If the arrested person 5,368
does not have the person's driver's or commercial driver's 5,369
license or permit on his or her person or in his or her vehicle, 5,370
the arresting officer shall order the arrested person to 5,371
surrender it to the law enforcement agency that employs the 5,373
officer within twenty-four hours after the arrest, and, upon the 5,374
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 5,376
person is to appear on the charge for which the person was 5,377
arrested. Upon receipt of the license or permit, the court shall 5,379
retain it pending the initial appearance of the arrested person 5,380
and any action taken under section 4511.196 of the Revised Code. 5,381
If a person under arrest as described in division (C)(1) of 5,383
this section is asked by a police officer to submit to a chemical 5,384
test designated as provided in division (A) of this section and 5,385
is advised of the consequences of the person's refusal or 5,386
submission as provided in division (C) of this section and if the 5,387
person either refuses to submit to the designated chemical test 5,388
or the person submits to the designated chemical test and the 5,389
test results indicate that the person's blood contained a 5,390
concentration of ten-hundredths of one per cent or more by weight 5,391
of alcohol, the person's breath contained a concentration of 5,392
ten-hundredths of one gram or more by weight of alcohol per two 5,393
hundred ten liters of the person's breath, or the person's urine 5,394
contained a concentration of fourteen-hundredths of one gram or 5,396
more by weight of alcohol per one hundred milliliters of the 5,397
person's urine at the time of the alleged offense, the arresting 5,399
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 5,401
suspension upon the person that advises the person that, 5,402
independent of any penalties or sanctions imposed upon the person 5,404
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 5,406
license or permit or nonresident operating privilege is 5,407
131
suspended, that the suspension takes effect immediately, that the 5,408
suspension will last at least until the person's initial 5,409
appearance on the charge that will be held within five days after 5,411
the date of the person's arrest or the issuance of a citation to 5,413
the person, and that the person may appeal the suspension at the 5,415
initial appearance; seize the Ohio or out-of-state driver's or 5,416
commercial driver's license or permit of the person; and 5,417
immediately forward the seized license or permit to the 5,418
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on his or her 5,419
person or in his or her vehicle, the arresting officer shall 5,420
order the person to surrender it to the law enforcement agency 5,421
that employs the officer within twenty-four hours after the 5,422
service of the notice of suspension, and, upon the surrender, the 5,423
officer's employing agency immediately shall forward the license 5,424
or permit to the registrar. 5,425
(b) Verify the current residence of the person and, if it 5,427
differs from that on the person's driver's or commercial driver's 5,428
license or permit, notify the registrar of the change; 5,429
(c) In addition to forwarding the arrested person's 5,431
driver's or commercial driver's license or permit to the 5,432
registrar, send to the registrar, within forty-eight hours after 5,433
the arrest of the person, a sworn report that includes all of the 5,434
following statements: 5,435
(i) That the officer had reasonable grounds to believe 5,437
that, at the time of the arrest, the arrested person was 5,438
operating a vehicle upon a highway or public or private property 5,439
used by the public for vehicular travel or parking within this 5,440
state while under the influence of alcohol, a drug of abuse, or 5,441
alcohol and a drug of abuse or with a prohibited concentration of 5,442
alcohol in the blood, breath, or urine; 5,443
(ii) That the person was arrested and charged with 5,445
operating a vehicle while under the influence of alcohol, a drug 5,446
of abuse, or alcohol and a drug of abuse or with operating a 5,447
132
vehicle with a prohibited concentration of alcohol in the blood, 5,448
breath, or urine; 5,449
(iii) That the officer asked the person to take the 5,451
designated chemical test, advised the person of the consequences 5,452
of submitting to the chemical test or refusing to take the 5,453
chemical test, and gave the person the form described in division 5,454
(C)(2) of this section; 5,455
(iv) That the person refused to submit to the chemical 5,457
test or that the person submitted to the chemical test and the 5,458
test results indicate that the person's blood contained a 5,459
concentration of ten-hundredths of one per cent or more by weight 5,461
of alcohol, the person's breath contained a concentration of 5,462
ten-hundredths of one gram or more by weight of alcohol per two 5,463
hundred ten liters of the person's breath, or the person's urine 5,464
contained a concentration of fourteen-hundredths of one gram or 5,466
more by weight of alcohol per one hundred milliliters of the 5,467
person's urine at the time of the alleged offense; 5,469
(v) That the officer served a notice of suspension upon 5,471
the person as described in division (D)(1)(a) of this section. 5,472
(2) The sworn report of an arresting officer completed 5,474
under division (D)(1)(c) of this section shall be given by the 5,475
officer to the arrested person at the time of the arrest or sent 5,476
to the person by regular first class mail by the registrar as 5,477
soon thereafter as possible, but no later than fourteen days 5,478
after receipt of the report. An arresting officer may give an 5,479
unsworn report to the arrested person at the time of the arrest 5,480
provided the report is complete when given to the arrested person 5,481
and subsequently is sworn to by the arresting officer. As soon 5,482
as possible, but no later than forty-eight hours after the arrest 5,483
of the person, the arresting officer shall send a copy of the 5,484
sworn report to the court in which the arrested person is to 5,485
appear on the charge for which the person was arrested. 5,486
(3) The sworn report of an arresting officer completed and 5,488
sent to the registrar and the court under divisions (D)(1)(c) and 5,489
133
(D)(2) of this section is prima-facie proof of the information 5,490
and statements that it contains and shall be admitted and 5,491
considered as prima-facie proof of the information and statements 5,492
that it contains in any appeal under division (H) of this section 5,493
relative to any suspension of a person's driver's or commercial 5,494
driver's license or permit or nonresident operating privilege 5,495
that results from the arrest covered by the report. 5,496
(E)(1) Upon receipt of the sworn report of an arresting 5,498
officer completed and sent to the registrar and a court pursuant 5,499
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 5,500
person who refused to take the designated chemical test, the 5,501
registrar shall enter into the registrar's records the fact that 5,503
the person's driver's or commercial driver's license or permit or 5,504
nonresident operating privilege was suspended by the arresting 5,505
officer under division (D)(1)(a) of this section and the period 5,506
of the suspension, as determined under divisions (E)(1)(a) to (d) 5,507
of this section. The suspension shall be subject to appeal as 5,508
provided in this section and shall be for whichever of the 5,509
following periods applies: 5,510
(a) If the arrested person, within five years of the date 5,512
on which the person refused the request to consent to the 5,513
chemical test, had not refused a previous request to consent to a 5,515
chemical test of the person's blood, breath, or urine to 5,516
determine its alcohol content, the period of suspension shall be 5,518
one year. If the person is a resident without a license or 5,519
permit to operate a vehicle within this state, the registrar 5,520
shall deny to the person the issuance of a driver's or commercial 5,521
driver's license or permit for a period of one year after the 5,522
date of the alleged violation.
(b) If the arrested person, within five years of the date 5,524
on which the person refused the request to consent to the 5,525
chemical test, had refused one previous request to consent to a 5,527
chemical test of the person's blood, breath, or urine to 5,528
determine its alcohol content, the period of suspension or denial 5,530
134
shall be two years.
(c) If the arrested person, within five years of the date 5,532
on which the person refused the request to consent to the 5,533
chemical test, had refused two previous requests to consent to a 5,535
chemical test of the person's blood, breath, or urine to 5,536
determine its alcohol content, the period of suspension or denial 5,538
shall be three years.
(d) If the arrested person, within five years of the date 5,540
on which the person refused the request to consent to the 5,541
chemical test, had refused three or more previous requests to 5,543
consent to a chemical test of the person's blood, breath, or 5,544
urine to determine its alcohol content, the period of suspension 5,546
or denial shall be five years. 5,547
(2) The suspension or denial imposed under division (E)(1) 5,549
of this section shall continue for the entire one-year, two-year, 5,550
three-year, or five-year period, subject to appeal as provided in 5,551
this section and subject to termination as provided in division 5,552
(K) of this section. 5,553
(F) Upon receipt of the sworn report of an arresting 5,555
officer completed and sent to the registrar and a court pursuant 5,556
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 5,557
person whose test results indicate that the person's blood 5,558
contained a concentration of ten-hundredths of one per cent or 5,560
more by weight of alcohol, the person's breath contained a 5,561
concentration of ten-hundredths of one gram or more by weight of 5,562
alcohol per two hundred ten liters of the person's breath, or the 5,564
person's urine contained a concentration of fourteen-hundredths 5,565
of one gram or more by weight of alcohol per one hundred 5,566
milliliters of the person's urine at the time of the alleged 5,567
offense, the registrar shall enter into the registrar's records 5,568
the fact that the person's driver's or commercial driver's 5,570
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 5,571
this section and the period of the suspension, as determined 5,572
135
under divisions (F)(1) to (4) of this section. The suspension 5,573
shall be subject to appeal as provided in this section and shall 5,574
be for whichever of the following periods that applies: 5,575
(1) Except when division (F)(2), (3), or (4) of this 5,577
section applies and specifies a different period of suspension or 5,578
denial, the period of the suspension or denial shall be ninety 5,579
days.
(2) If the person has been convicted, within ten years of 5,581
the date the test was conducted, of one violation of division (A) 5,583
or (B) of section 4511.19 of the Revised Code, a municipal 5,584
ordinance relating to operating a vehicle while under the 5,585
influence of alcohol, a drug of abuse, or alcohol and a drug of 5,586
abuse, a municipal ordinance relating to operating a vehicle with 5,587
a prohibited concentration of alcohol in the blood, breath, or 5,588
urine, section 2903.04 of the Revised Code in a case in which the 5,589
offender was subject to the sanctions described in division (D) 5,590
of that section, or section 2903.06, 2903.07, or 2903.08 of the 5,591
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 5,592
the jury or judge found that at the time of the commission of the 5,593
offense the offender was under the influence of alcohol, a drug 5,594
of abuse, or alcohol and a drug of abuse, or a statute of THE 5,596
UNITED STATES OR OF any other state or a municipal ordinance of a 5,597
municipal corporation located in any other state that is
substantially similar to division (A) or (B) of section 4511.19 5,599
of the Revised Code, the period of the suspension or denial shall 5,600
be one year.
(3) If the person has been convicted, within ten years of 5,602
the date the test was conducted, of two violations of a statute 5,603
or ordinance described in division (F)(2) of this section, the 5,605
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within ten years of 5,607
the date the test was conducted, of more than two violations of a 5,608
statute or ordinance described in division (F)(2) of this 5,609
136
section, the period of the suspension or denial shall be three 5,610
years. 5,611
(G)(1) A suspension of a person's driver's or commercial 5,613
driver's license or permit or nonresident operating privilege 5,614
under division (D)(1)(a) of this section for the period of time 5,615
described in division (E) or (F) of this section is effective 5,616
immediately from the time at which the arresting officer serves 5,617
the notice of suspension upon the arrested person. Any 5,618
subsequent finding that the person is not guilty of the charge 5,619
that resulted in the person being requested to take, or in the 5,621
person taking, the chemical test or tests under division (A) of 5,622
this section affects the suspension only as described in division 5,623
(H)(2) of this section. 5,624
(2) If a person is arrested for operating a vehicle while 5,626
under the influence of alcohol, a drug of abuse, or alcohol and a 5,627
drug of abuse or for operating a vehicle with a prohibited 5,628
concentration of alcohol in the blood, breath, or urine and 5,629
regardless of whether the person's driver's or commercial 5,630
driver's license or permit or nonresident operating privilege is 5,631
or is not suspended under division (E) or (F) of this section, 5,632
the person's initial appearance on the charge resulting from the 5,633
arrest shall be held within five days of the person's arrest or 5,634
the issuance of the citation to the person, subject to any 5,635
continuance granted by the court pursuant to division (H)(1) of 5,637
this section regarding the issues specified in that division. 5,638
(H)(1) If a person is arrested for operating a vehicle 5,640
while under the influence of alcohol, a drug of abuse, or alcohol 5,641
and a drug of abuse or for operating a vehicle with a prohibited 5,642
concentration of alcohol in the blood, breath, or urine and if 5,643
the person's driver's or commercial driver's license or permit or 5,644
nonresident operating privilege is suspended under division (E) 5,645
or (F) of this section, the person may appeal the suspension at 5,646
the person's initial appearance on the charge resulting from the 5,649
arrest in the court in which the person will appear on that 5,650
137
charge. If the person appeals the suspension at the person's 5,651
initial appearance, the appeal does not stay the operation of the 5,652
suspension. Subject to division (H)(2) of this section, no court 5,653
has jurisdiction to grant a stay of a suspension imposed under 5,654
division (E) or (F) of this section, and any order issued by any 5,655
court that purports to grant a stay of any suspension imposed 5,656
under either of those divisions shall not be given administrative 5,657
effect.
If the person appeals the suspension at the person's 5,659
initial appearance, either the person or the registrar may 5,660
request a continuance of the appeal. Either the person or the 5,662
registrar shall make the request for a continuance of the appeal 5,663
at the same time as the making of the appeal. If either the 5,664
person or the registrar requests a continuance of the appeal, the 5,665
court may grant the continuance. The court also may continue the 5,666
appeal on its own motion. The granting of a continuance applies 5,667
only to the conduct of the appeal of the suspension and does not 5,668
extend the time within which the initial appearance must be 5,669
conducted, and the court shall proceed with all other aspects of 5,670
the initial appearance in accordance with its normal procedures. 5,671
Neither the request for nor the granting of a continuance stays 5,672
the operation of the suspension that is the subject of the 5,673
appeal.
If the person appeals the suspension at the person's 5,675
initial appearance, the scope of the appeal is limited to 5,676
determining whether one or more of the following conditions have 5,677
not been met: 5,678
(a) Whether the law enforcement officer had reasonable 5,680
ground to believe the arrested person was operating a vehicle 5,681
upon a highway or public or private property used by the public 5,682
for vehicular travel or parking within this state while under the 5,683
influence of alcohol, a drug of abuse, or alcohol and a drug of 5,684
abuse or with a prohibited concentration of alcohol in the blood, 5,685
breath, or urine and whether the arrested person was in fact 5,686
138
placed under arrest; 5,687
(b) Whether the law enforcement officer requested the 5,689
arrested person to submit to the chemical test designated 5,690
pursuant to division (A) of this section; 5,691
(c) Whether the arresting officer informed the arrested 5,693
person of the consequences of refusing to be tested or of 5,694
submitting to the test; 5,695
(d) Whichever of the following is applicable: 5,697
(i) Whether the arrested person refused to submit to the 5,699
chemical test requested by the officer; 5,700
(ii) Whether the chemical test results indicate that the 5,702
arrested person's blood contained a concentration of 5,703
ten-hundredths of one per cent or more by weight of alcohol, the 5,705
person's breath contained a concentration of ten-hundredths of 5,707
one gram or more by weight of alcohol per two hundred ten liters 5,708
of the person's breath, or the person's urine contained a 5,709
concentration of fourteen-hundredths of one gram or more by 5,711
weight of alcohol per one hundred milliliters of the person's 5,712
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 5,714
appearance, the judge or referee of the court or the mayor of the 5,715
mayor's court shall determine whether one or more of the 5,716
conditions specified in divisions (H)(1)(a) to (d) of this 5,717
section have not been met. The person who appeals the suspension 5,718
has the burden of proving, by a preponderance of the evidence, 5,719
that one or more of the specified conditions has not been met. 5,720
If during the appeal at the initial appearance the judge or 5,721
referee of the court or the mayor of the mayor's court determines 5,722
that all of those conditions have been met, the judge, referee, 5,723
or mayor shall uphold the suspension, shall continue the 5,724
suspension, and shall notify the registrar of the decision on a 5,725
form approved by the registrar. Except as otherwise provided in 5,726
division (H)(2) of this section, if the suspension is upheld or 5,727
if the person does not appeal the suspension at the person's 5,728
139
initial appearance under division (H)(1) of this section, the 5,729
suspension shall continue until the complaint alleging the 5,730
violation for which the person was arrested and in relation to 5,731
which the suspension was imposed is adjudicated on the merits by 5,732
the judge or referee of the trial court or by the mayor of the 5,733
mayor's court. If the suspension was imposed under division (E) 5,734
of this section and it is continued under this division, any 5,735
subsequent finding that the person is not guilty of the charge 5,736
that resulted in the person being requested to take the chemical 5,737
test or tests under division (A) of this section does not 5,738
terminate or otherwise affect the suspension. If the suspension 5,739
was imposed under division (F) of this section and it is 5,740
continued under this division, the suspension shall terminate if, 5,741
for any reason, the person subsequently is found not guilty of 5,742
the charge that resulted in the person taking the chemical test 5,743
or tests under division (A) of this section. 5,744
If, during the appeal at the initial appearance, the judge 5,746
or referee of the trial court or the mayor of the mayor's court 5,747
determines that one or more of the conditions specified in 5,748
divisions (H)(1)(a) to (d) of this section have not been met, the 5,749
judge, referee, or mayor shall terminate the suspension, subject 5,750
to the imposition of a new suspension under division (B) of 5,751
section 4511.196 of the Revised Code; shall notify the registrar 5,752
of the decision on a form approved by the registrar; and, except 5,753
as provided in division (B) of section 4511.196 of the Revised 5,755
Code, shall order the registrar to return the driver's or 5,756
commercial driver's license or permit to the person or to take 5,757
such measures as may be necessary, if the license or permit was 5,758
destroyed under section 4507.55 of the Revised Code, to permit 5,759
the person to obtain a replacement driver's or commercial 5,760
driver's license or permit from the registrar or a deputy 5,761
registrar in accordance with that section. The court also shall 5,762
issue to the person a court order, valid for not more than ten 5,763
days from the date of issuance, granting the person operating 5,764
140
privileges for that period of time.
If the person appeals the suspension at the initial 5,766
appearance, the registrar shall be represented by the prosecuting 5,767
attorney of the county in which the arrest occurred if the 5,768
initial appearance is conducted in a juvenile court or county 5,769
court, except that if the arrest occurred within a city or 5,770
village within the jurisdiction of the county court in which the 5,771
appeal is conducted, the city director of law or village 5,772
solicitor of that city or village shall represent the registrar. 5,773
If the appeal is conducted in a municipal court, the registrar 5,774
shall be represented as provided in section 1901.34 of the 5,775
Revised Code. If the appeal is conducted in a mayor's court, the 5,776
registrar shall be represented by the city director of law, 5,777
village solicitor, or other chief legal officer of the municipal 5,778
corporation that operates that mayor's court. 5,779
(I)(1) If a person's driver's or commercial driver's 5,781
license or permit or nonresident operating privilege has been 5,782
suspended pursuant to division (E) of this section, and the 5,783
person, within the preceding seven years, has refused three 5,784
previous requests to consent to a chemical test of the person's 5,786
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 5,787
of division (A) or (B) of section 4511.19 of the Revised Code, a 5,788
municipal ordinance relating to operating a vehicle while under 5,789
the influence of alcohol, a drug of abuse, or alcohol and a drug 5,790
of abuse, a municipal ordinance relating to operating a vehicle 5,791
with a prohibited concentration of alcohol in the blood, breath, 5,792
or urine, section 2903.04 of the Revised Code in a case in which 5,793
the person was subject to the sanctions described in division (D) 5,794
of that section, or section 2903.06, 2903.07, or 2903.08 of the 5,795
Revised Code or a municipal ordinance that is substantially 5,796
similar to section 2903.07 of the Revised Code in a case in which 5,797
the jury or judge found that the person was under the influence 5,798
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 5,799
141
statute of THE UNITED STATES OR OF any other state or a municipal 5,801
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 5,802
4511.19 of the Revised Code, the person is not entitled to 5,803
request, and the court shall not grant to the person, 5,804
occupational driving privileges under this division. Any other 5,805
person whose driver's or commercial driver's license or 5,806
nonresident operating privilege has been suspended pursuant to 5,807
division (E) of this section may file a petition requesting 5,808
occupational driving privileges in the COMMON PLEAS COURT, 5,809
municipal court, county court, MAYOR'S COURT, or, if the person 5,810
is a minor, juvenile court with jurisdiction over the place at 5,811
which the arrest occurred RELATED CRIMINAL OR DELINQUENCY CASE. 5,812
The petition may be filed at any time subsequent to the date on 5,813
which the arresting officer serves the notice of suspension IS 5,814
SERVED upon the arrested person. The person shall pay the costs 5,815
of the proceeding, notify the registrar of the filing of the 5,816
petition, and send the registrar a copy of the petition. 5,817
In the proceedings, the registrar shall be represented by 5,819
the prosecuting attorney of the county in which the arrest 5,820
occurred if the petition is filed in the juvenile court or, 5,821
county court, OR COMMON PLEAS COURT, except that, if the arrest 5,822
occurred within a city or village within the jurisdiction of the 5,824
county court in which the petition is filed, the city director of 5,825
law or village solicitor of that city or village shall represent 5,826
the registrar. If the petition is filed in the municipal court, 5,827
the registrar shall be represented as provided in section 1901.34 5,828
of the Revised Code. IF THE PETITION IS FILED IN A MAYOR'S 5,829
COURT, THE REGISTRAR SHALL BE REPRESENTED BY THE CITY DIRECTOR OF 5,830
LAW, VILLAGE SOLICITOR, OR OTHER CHIEF LEGAL OFFICER OF THE 5,831
MUNICIPAL CORPORATION THAT OPERATES THE MAYOR'S COURT.
The court, if it finds reasonable cause to believe that 5,833
suspension would seriously affect the person's ability to 5,834
continue in the person's employment, may grant the person 5,835
142
occupational driving privileges during the period of suspension 5,837
imposed pursuant to division (E) of this section, subject to the 5,838
limitations contained in this division and division (I)(2) of 5,839
this section. The court may grant the occupational driving 5,840
privileges, subject to the limitations contained in this division 5,841
and division (I)(2) of this section, regardless of whether the 5,842
person appeals the suspension at the person's initial appearance 5,844
under division (H)(1) of this section or appeals the decision of 5,845
the court made pursuant to the appeal conducted at the initial 5,846
appearance, and, if the person has appealed the suspension or 5,847
decision, regardless of whether the matter at issue has been 5,848
heard or decided by the court. The court shall not grant 5,849
occupational driving privileges to any person who, within seven 5,850
years of the filing of the petition, has refused three previous 5,851
requests to consent to a chemical test of the person's blood, 5,853
breath, or urine to determine its alcohol content or has been 5,854
convicted of or pleaded guilty to three or more violations of 5,855
division (A) or (B) of section 4511.19 of the Revised Code, a 5,856
municipal ordinance relating to operating a vehicle while under 5,857
the influence of alcohol, a drug of abuse, or alcohol and a drug 5,858
of abuse, a municipal ordinance relating to operating a vehicle 5,859
with a prohibited concentration of alcohol in the blood, breath, 5,860
or urine, section 2903.04 of the Revised Code in a case in which 5,861
the person was subject to the sanctions described in division (D) 5,862
of that section, or section 2903.06, 2903.07, or 2903.08 of the 5,863
Revised Code or a municipal ordinance that is substantially 5,864
similar to section 2903.07 of the Revised Code in a case in which 5,865
the jury or judge found that the person was under the influence 5,866
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 5,867
statute of THE UNITED STATES OR OF any other state or a municipal 5,869
ordinance of a municipal corporation located in any other state 5,870
that is substantially similar to division (A) or (B) of section 5,871
4511.19 of the Revised Code, and shall not grant occupational 5,872
driving privileges for employment as a driver of commercial motor 5,873
143
vehicles to any person who is disqualified from operating a 5,874
commercial motor vehicle under section 2301.374 or 4506.16 of the 5,875
Revised Code.
(2)(a) In granting occupational driving privileges under 5,877
division (I)(1) of this section, the court may impose any 5,878
condition it considers reasonable and necessary to limit the use 5,879
of a vehicle by the person. The court shall deliver to the 5,880
person a permit card, in a form to be prescribed by the court, 5,881
setting forth the time, place, and other conditions limiting the 5,882
defendant's use of a vehicle. The grant of occupational driving 5,883
privileges shall be conditioned upon the person's having the 5,884
permit in the person's possession at all times during which the 5,886
person is operating a vehicle. 5,887
A person granted occupational driving privileges who 5,889
operates a vehicle for other than occupational purposes, in 5,890
violation of any condition imposed by the court, or without 5,891
having the permit in the person's possession, is guilty of a 5,892
violation of section 4507.02 of the Revised Code. 5,894
(b) The court may not grant a person occupational driving 5,896
privileges under division (I)(1) of this section when prohibited 5,897
by a limitation contained in that division or during any of the 5,898
following periods of time: 5,899
(i) The first thirty days of suspension imposed upon a 5,901
person who, within five years of the date on which the person 5,902
refused the request to consent to a chemical test of the person's 5,904
blood, breath, or urine to determine its alcohol content and for 5,906
which refusal the suspension was imposed, had not refused a 5,907
previous request to consent to a chemical test of the person's 5,908
blood, breath, or urine to determine its alcohol content; 5,910
(ii) The first ninety days of suspension imposed upon a 5,912
person who, within five years of the date on which the person 5,913
refused the request to consent to a chemical test of the person's 5,915
blood, breath, or urine to determine its alcohol content and for 5,917
which refusal the suspension was imposed, had refused one 5,918
144
previous request to consent to a chemical test of the person's 5,919
blood, breath, or urine to determine its alcohol content; 5,921
(iii) The first year of suspension imposed upon a person 5,923
who, within five years of the date on which the person refused 5,925
the request to consent to a chemical test of the person's blood, 5,927
breath, or urine to determine its alcohol content and for which 5,928
refusal the suspension was imposed, had refused two previous 5,929
requests to consent to a chemical test of the person's blood, 5,930
breath, or urine to determine its alcohol content; 5,932
(iv) The first three years of suspension imposed upon a 5,934
person who, within five years of the date on which the person 5,935
refused the request to consent to a chemical test of the person's 5,937
blood, breath, or urine to determine its alcohol content and for 5,939
which refusal the suspension was imposed, had refused three or 5,940
more previous requests to consent to a chemical test of the 5,941
person's blood, breath, or urine to determine its alcohol 5,943
content.
(3) The court shall give information in writing of any 5,945
action taken under this section to the registrar. 5,946
(4) If a person's driver's or commercial driver's license 5,948
or permit or nonresident operating privilege has been suspended 5,949
pursuant to division (F) of this section, and the person, within 5,950
the preceding seven years, has been convicted of or pleaded 5,951
guilty to three or more violations of division (A) or (B) of 5,952
section 4511.19 of the Revised Code, a municipal ordinance 5,953
relating to operating a vehicle while under the influence of 5,954
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 5,955
municipal ordinance relating to operating a vehicle with a 5,956
prohibited concentration of alcohol in the blood, breath, or 5,957
urine, section 2903.04 of the Revised Code in a case in which the 5,958
person was subject to the sanctions described in division (D) of 5,959
that section, or section 2903.06, 2903.07, or 2903.08 of the 5,960
Revised Code or a municipal ordinance that is substantially 5,961
similar to section 2903.07 of the Revised Code in a case in which 5,962
145
the jury or judge found that the person was under the influence 5,963
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 5,964
statute of THE UNITED STATES OR OF any other state or a municipal 5,966
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 5,967
4511.19 of the Revised Code, the person is not entitled to 5,969
request, and the court shall not grant to the person, 5,970
occupational driving privileges under this division. Any other 5,971
person whose driver's or commercial driver's license or 5,972
nonresident operating privilege has been suspended pursuant to 5,973
division (F) of this section may file in the court specified in 5,974
division (I)(1) of this section a petition requesting 5,975
occupational driving privileges in accordance with section 5,976
4507.16 of the Revised Code. The petition may be filed at any 5,977
time subsequent to the date on which the arresting officer serves 5,978
the notice of suspension upon the arrested person. Upon the 5,979
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 5,980
The court may grant the occupational driving privileges, subject 5,981
to the limitations contained in section 4507.16 of the Revised 5,982
Code, regardless of whether the person appeals the suspension at 5,983
the person's initial appearance under division (H)(1) of this 5,985
section or appeals the decision of the court made pursuant to the 5,986
appeal conducted at the initial appearance, and, if the person 5,987
has appealed the suspension or decision, regardless of whether 5,988
the matter at issue has been heard or decided by the court. 5,989
(J) When it finally has been determined under the 5,991
procedures of this section that a nonresident's privilege to 5,992
operate a vehicle within this state has been suspended, the 5,993
registrar shall give information in writing of the action taken 5,994
to the motor vehicle administrator of the state of the person's 5,995
residence and of any state in which the person has a license. 5,996
(K) A suspension of the driver's or commercial driver's 5,998
license or permit of a resident, a suspension of the operating 5,999
146
privilege of a nonresident, or a denial of a driver's or 6,000
commercial driver's license or permit for refusal to submit to a 6,001
chemical test to determine the alcohol, drug, or alcohol and drug 6,002
content of the person's blood, breath, or urine pursuant to 6,003
division (E) of this section, shall be terminated by the 6,004
registrar upon receipt of notice of the person's entering a plea 6,005
of guilty to, or of the person's conviction after entering a plea 6,006
of no contest under Criminal Rule 11 to, operating a vehicle 6,007
while under the influence of alcohol, a drug of abuse, or alcohol 6,008
and a drug of abuse or with a prohibited concentration of alcohol 6,009
in the blood, breath, or urine, if the offense for which the plea 6,010
is entered arose from the same incident that led to the 6,011
suspension or denial. 6,012
The registrar shall credit against any judicial suspension 6,014
of a person's driver's or commercial driver's license or permit 6,015
or nonresident operating privilege imposed pursuant to division 6,016
(B) or (E) of section 4507.16 of the Revised Code any time during 6,017
which the person serves a related suspension imposed pursuant to 6,018
division (E) or (F) of this section. 6,019
(L) At the end of a suspension period under this section, 6,021
section 4511.196, or division (B) of section 4507.16 of the 6,022
Revised Code and upon the request of the person whose driver's or 6,023
commercial driver's license or permit was suspended and who is 6,024
not otherwise subject to suspension, revocation, or 6,025
disqualification, the registrar shall return the driver's or 6,026
commercial driver's license or permit to the person upon the 6,027
occurrence of all of the following: 6,028
(1) A showing by the person that the person had proof of 6,030
financial responsibility, a policy of liability insurance in 6,032
effect that meets the minimum standards set forth in section 6,033
4509.51 of the Revised Code, or proof, to the satisfaction of the 6,034
registrar, that the person is able to respond in damages in an 6,035
amount at least equal to the minimum amounts specified in section 6,036
4509.51 of the Revised Code. 6,037
147
(2) Payment by the person of a license reinstatement fee 6,039
of two hundred fifty dollars to the bureau of motor vehicles, 6,040
which fee shall be deposited in the state treasury and credited 6,041
as follows: 6,042
(a) Seventy-five dollars shall be credited to the drivers' 6,044
treatment and intervention fund, which is hereby established. 6,045
The fund shall be used to pay the costs of driver treatment and 6,046
intervention programs operated pursuant to sections 3793.02 and 6,047
3793.10 of the Revised Code. The director of alcohol and drug 6,048
addiction services shall determine the share of the fund that is 6,049
to be allocated to alcohol and drug addiction programs authorized 6,050
by section 3793.02 of the Revised Code, and the share of the fund 6,051
that is to be allocated to drivers' intervention programs 6,052
authorized by section 3793.10 of the Revised Code. 6,053
(b) Fifty dollars shall be credited to the reparations 6,055
fund created by section 2743.191 of the Revised Code. 6,056
(c) Twenty-five dollars shall be credited to the indigent 6,058
drivers alcohol treatment fund, which is hereby established. 6,059
Except as otherwise provided in division (L)(2)(c) of this 6,061
section, moneys in the fund shall be distributed by the 6,062
department of alcohol and drug addiction services to the county 6,063
indigent drivers alcohol treatment funds, the county juvenile 6,064
indigent drivers alcohol treatment funds, and the municipal 6,065
indigent drivers treatment funds that are required to be 6,066
established by counties and municipal corporations pursuant to 6,067
division (N) of this section, and shall be used only to pay the 6,068
cost of an alcohol and drug addiction treatment program attended 6,069
by an offender or juvenile traffic offender who is ordered to 6,070
attend an alcohol and drug addiction treatment program by a 6,071
county, juvenile, or municipal court judge and who is determined 6,072
by the county, juvenile, or municipal court judge not to have the 6,073
means to pay for attendance at the program. Moneys in the fund 6,074
that are not distributed to a county indigent drivers alcohol 6,075
treatment fund, a county juvenile indigent drivers alcohol 6,076
148
treatment fund, or a municipal indigent drivers alcohol treatment 6,077
fund under division (N) of this section because the director of 6,078
alcohol and drug addiction services does not have the information 6,079
necessary to identify the county or municipal corporation where 6,080
the offender or juvenile offender was arrested may be transferred 6,081
by the director of budget and management to the drivers'
treatment and intervention fund, created in division (L)(2)(a) of 6,082
this section, upon certification of the amount by the director of 6,083
alcohol and drug addiction services. 6,084
(d) Fifty dollars shall be credited to the Ohio 6,086
rehabilitation services commission established by section 3304.12 6,087
of the Revised Code, to the services for rehabilitation fund, 6,088
which is hereby established. The fund shall be used to match 6,089
available federal matching funds where appropriate, and for any 6,090
other purpose or program of the commission to rehabilitate people 6,091
with disabilities to help them become employed and independent. 6,092
(e) Fifty dollars shall be deposited into the state 6,094
treasury and credited to the drug abuse resistance education 6,095
programs fund, which is hereby established, to be used by the 6,096
attorney general for the purposes specified in division (L)(2)(e) 6,097
of this section. 6,098
The attorney general shall use amounts in the drug abuse 6,100
resistance education programs fund to award grants to law 6,101
enforcement agencies to establish and implement drug abuse 6,102
resistance education programs in public schools. Grants awarded 6,103
to a law enforcement agency under division (L)(2)(e) of this 6,104
section shall be used by the agency to pay for not more than 6,105
fifty per cent of the amount of the salaries of law enforcement 6,106
officers who conduct drug abuse resistance education programs in 6,107
public schools. The attorney general shall not use more than six 6,108
per cent of the amounts the attorney general's office receives 6,110
under division (L)(2)(e) of this section to pay the costs it 6,111
incurs in administering the grant program established by division 6,112
(L)(2)(e) of this section and in providing training and materials 6,113
149
relating to drug abuse resistance education programs. 6,114
The attorney general shall report to the governor and the 6,116
general assembly each fiscal year on the progress made in 6,117
establishing and implementing drug abuse resistance education 6,118
programs. These reports shall include an evaluation of the 6,119
effectiveness of these programs. 6,120
(M) Suspension of a commercial driver's license under 6,122
division (E) or (F) of this section shall be concurrent with any 6,123
period of disqualification under section 2301.374 or 4506.16 of 6,124
the Revised Code. No person who is disqualified for life from 6,125
holding a commercial driver's license under section 4506.16 of 6,126
the Revised Code shall be issued a driver's license under Chapter 6,127
4507. of the Revised Code during the period for which the 6,128
commercial driver's license was suspended under division (E) or 6,129
(F) of this section, and no person whose commercial driver's 6,130
license is suspended under division (E) or (F) of this section 6,131
shall be issued a driver's license under that chapter during the 6,132
period of the suspension. 6,133
(N)(1) Each county shall establish an indigent drivers 6,135
alcohol treatment fund, each county shall establish a juvenile 6,136
indigent drivers alcohol treatment fund, and each municipal 6,137
corporation in which there is a municipal court shall establish 6,138
an indigent drivers alcohol treatment fund. All revenue that the 6,139
general assembly appropriates to the indigent drivers alcohol 6,140
treatment fund for transfer to a county indigent drivers alcohol 6,141
treatment fund, a county juvenile indigent drivers alcohol 6,142
treatment fund, or a municipal indigent drivers alcohol treatment 6,143
fund, all portions of fees that are paid under division (L) of 6,144
this section and that are credited under that division to the 6,145
indigent drivers alcohol treatment fund in the state treasury for 6,146
a county indigent drivers alcohol treatment fund, a county 6,147
juvenile indigent drivers alcohol treatment fund, or a municipal 6,148
indigent drivers alcohol treatment fund, and all portions of 6,149
fines that are specified for deposit into a county or municipal 6,150
150
indigent drivers alcohol treatment fund by section 4511.193 of 6,151
the Revised Code shall be deposited into that county indigent 6,152
drivers alcohol treatment fund, county juvenile indigent drivers 6,153
alcohol treatment fund, or municipal indigent drivers alcohol 6,154
treatment fund in accordance with division (N)(2) of this 6,155
section. Additionally, all portions of fines that are paid for a 6,156
violation of section 4511.19 of the Revised Code or division 6,157
(B)(2) of section 4507.02 of the Revised Code, and that are 6,158
required under division (A)(1) or (2) of section 4511.99 or 6,159
division (B)(5) of section 4507.99 of the Revised Code to be 6,160
deposited into a county indigent drivers alcohol treatment fund 6,161
or municipal indigent drivers alcohol treatment fund shall be 6,162
deposited into the appropriate fund in accordance with the 6,163
applicable division. 6,164
(2) That portion of the license reinstatement fee that is 6,166
paid under division (L) of this section and that is credited 6,167
under that division to the indigent drivers alcohol treatment 6,168
fund shall be deposited into a county indigent drivers alcohol 6,169
treatment fund, a county juvenile indigent drivers alcohol 6,170
treatment fund, or a municipal indigent drivers alcohol treatment 6,171
fund as follows: 6,172
(a) If the suspension in question was imposed under this 6,174
section, that portion of the fee shall be deposited as follows: 6,175
(i) If the fee is paid by a person who was charged in a 6,177
county court with the violation that resulted in the suspension, 6,178
the portion shall be deposited into the county indigent drivers 6,179
alcohol treatment fund under the control of that court; 6,180
(ii) If the fee is paid by a person who was charged in a 6,182
juvenile court with the violation that resulted in the 6,183
suspension, the portion shall be deposited into the county 6,184
juvenile indigent drivers alcohol treatment fund established in 6,185
the county served by the court; 6,186
(iii) If the fee is paid by a person who was charged in a 6,188
municipal court with the violation that resulted in the 6,189
151
suspension, the portion shall be deposited into the municipal 6,190
indigent drivers alcohol treatment fund under the control of that 6,191
court. 6,192
(b) If the suspension in question was imposed under 6,194
division (B) of section 4507.16 of the Revised Code, that portion 6,195
of the fee shall be deposited as follows: 6,196
(i) If the fee is paid by a person whose license or permit 6,198
was suspended by a county court, the portion shall be deposited 6,199
into the county indigent drivers alcohol treatment fund under the 6,200
control of that court; 6,201
(ii) If the fee is paid by a person whose license or 6,203
permit was suspended by a municipal court, the portion shall be 6,204
deposited into the municipal indigent drivers alcohol treatment 6,205
fund under the control of that court. 6,206
(3) Expenditures from a county indigent drivers alcohol 6,208
treatment fund, a county juvenile indigent drivers alcohol 6,209
treatment fund, or a municipal indigent drivers alcohol treatment 6,210
fund shall be made only upon the order of a county, juvenile, or 6,211
municipal court judge and only for payment of the cost of the 6,212
attendance at an alcohol and drug addiction treatment program of 6,213
a person who is convicted of, or found to be a juvenile traffic 6,214
offender by reason of, a violation of division (A) of section 6,215
4511.19 of the Revised Code or a substantially similar municipal 6,216
ordinance, who is ordered by the court to attend the alcohol and 6,217
drug addiction treatment program, and who is determined by the 6,218
court to be unable to pay the cost of attendance at the treatment 6,220
program. The board of alcohol, drug addiction, and mental health 6,221
services established pursuant to section 340.02 of the Revised 6,222
Code serving the alcohol, drug addiction, and mental health 6,223
service district in which the court is located shall administer 6,224
the indigent drivers alcohol treatment program of the court. 6,225
When a court orders an offender or juvenile traffic offender to 6,226
attend an alcohol and drug addiction treatment program, the board 6,227
shall determine which program is suitable to meet the needs of 6,228
152
the offender or juvenile traffic offender, and when a suitable 6,229
program is located and space is available at the program, the 6,230
offender or juvenile traffic offender shall attend the program 6,231
designated by the board. A reasonable amount not to exceed five 6,232
per cent of the amounts credited to and deposited into the county 6,233
indigent drivers alcohol treatment fund, the county juvenile 6,234
indigent drivers alcohol treatment fund, or the municipal 6,235
indigent drivers alcohol treatment fund serving every court whose 6,236
program is administered by that board shall be paid to the board 6,237
to cover the costs it incurs in administering those indigent 6,238
drivers alcohol treatment programs.
Sec. 4511.193. (A) Twenty-five dollars of any fine 6,247
imposed for a violation of a municipal ordinance relating to 6,248
operating a vehicle while under the influence of alcohol, a drug 6,249
of abuse, or alcohol and a drug of abuse or relating to operating 6,250
a vehicle with a prohibited concentration of alcohol in the 6,251
blood, breath, or urine shall be deposited into the municipal or 6,252
county indigent drivers alcohol treatment fund created pursuant 6,253
to division (N) of section 4511.191 of the Revised Code in 6,254
accordance with this section and section 733.40, divisions (A) 6,255
and (B) of section 1901.024, division (F) of section 1901.31, or 6,256
division (C) of section 1907.20 of the Revised Code. Regardless 6,257
of whether the fine is imposed by a municipal court, a mayor's 6,258
court, or a juvenile court, if the fine was imposed for a 6,259
violation of an ordinance of a municipal corporation that is 6,260
within the jurisdiction of a municipal court, the twenty-five 6,261
dollars that is subject to this section shall be deposited into 6,262
the indigent drivers alcohol treatment fund of the municipal 6,263
corporation in which is located the municipal court that has 6,264
jurisdiction over that municipal corporation. Regardless of 6,265
whether the fine is imposed by a county court, a mayor's court, 6,266
or a juvenile court, if the fine was imposed for a violation of 6,267
an ordinance of a municipal corporation that is within the 6,268
jurisdiction of a county court, the twenty-five dollars that is 6,269
153
subject to this section shall be deposited into the indigent 6,270
drivers alcohol treatment fund of the county in which is located 6,271
the county court that has jurisdiction over that municipal 6,272
corporation. The deposit shall be made in accordance with 6,273
section 733.40, divisions (A) and (B) of section 1901.024, 6,274
division (F) of section 1901.31, or division (C) of section 6,275
1907.20 of the Revised Code. 6,276
(B)(1) The requirements and sanctions imposed by divisions 6,278
(B)(1) and (2) of this section are an adjunct to and derive from 6,279
the state's exclusive authority over the registration and titling 6,280
of motor vehicles and do not comprise a part of the criminal 6,281
sentence to be imposed upon a person who violates a municipal 6,282
ordinance relating to operating a vehicle while under the 6,283
influence of alcohol, a drug of abuse, or alcohol and a drug of 6,284
abuse or relating to operating a vehicle with a prohibited 6,285
concentration of alcohol in the blood, breath, or urine. 6,286
(2) If a person is convicted of or pleads guilty to a 6,288
municipal ordinance relating to operating a vehicle while under 6,289
the influence of alcohol, a drug of abuse, or alcohol and a drug 6,290
of abuse or relating to operating a vehicle with a prohibited 6,291
concentration of alcohol in the blood, breath, or urine and if, 6,292
within the period of time specified in division (B)(2)(a), (b), 6,294
or (c) of this section, the offender has been convicted of or 6,296
pleaded guilty to any violation of section 4511.19 of the Revised 6,297
Code, a municipal ordinance relating to operating a vehicle while 6,298
under the influence of alcohol, a drug of abuse, or alcohol and a 6,299
drug of abuse, a municipal ordinance relating to operating a 6,300
vehicle with a prohibited concentration of alcohol in the blood, 6,301
breath, or urine, section 2903.04 of the Revised Code in a case 6,302
in which the offender was subject to the sanctions described in 6,303
division (D) of that section, section 2903.06, 2903.07, or 6,304
2903.08 of the Revised Code, or a municipal ordinance that is 6,305
substantially similar to section 2903.07 of the Revised Code in a 6,306
case in which the jury or judge found that the offender was under 6,307
154
the influence of alcohol, a drug of abuse, or alcohol and a drug 6,308
of abuse, or a statute of THE UNITED STATES OR OF any other state 6,309
or a municipal ordinance of a municipal corporation located in 6,310
any other state that is substantially similar to division (A) or 6,311
(B) of section 4511.19 of the Revised Code, or if the other 6,312
circumstances described in division (B)(2)(c) of this section 6,313
apply, the court, in addition to and independent of any sentence 6,315
that it imposes upon the offender for the offense, regardless of 6,316
whether the vehicle the offender was operating at the time of the 6,317
offense is registered in the offender's name or in the name of 6,318
another person, and subject to section 4503.235 of the Revised 6,319
Code, shall do whichever of the following is applicable: 6,320
(a) Except as otherwise provided in division (B)(2)(c) of 6,323
this section, if, within six years of the current offense, the 6,324
offender has been convicted of or pleaded guilty to one violation 6,325
described in division (B)(2) of this section, the court shall 6,326
order the immobilization for ninety days of the vehicle the 6,327
offender was operating at the time of the offense and the 6,328
impoundment for ninety days of the license plates of that 6,330
vehicle. The order for the immobilization and impoundment shall 6,331
be issued and enforced in accordance with section 4503.233 of the 6,332
Revised Code.
(b) Except as otherwise provided in division (B)(2)(c) of 6,335
this section, if, within six years of the current offense, the 6,336
offender has been convicted of or pleaded guilty to two 6,337
violations described in division (B)(2) of this section, the 6,338
court shall order the immobilization for one hundred eighty days 6,339
of the vehicle the offender was operating at the time of the 6,340
offense and the impoundment for one hundred eighty days of the 6,341
license plates of that vehicle. The order for the immobilization 6,343
and impoundment shall be issued and enforced in accordance with 6,344
section 4503.233 of the Revised Code.
(c) If, within six years of the current offense, the 6,346
offender has been convicted of or pleaded guilty to three or more 6,347
155
violations described in division (B)(2) of this section, or if 6,348
the offender previously has been convicted of or pleaded guilty 6,349
to a violation of division (A) of section 4511.19 of the Revised 6,350
Code under circumstances in which the violation was a felony and 6,351
regardless of when the violation and the conviction or guilty 6,352
plea occurred, the court shall order the criminal forfeiture to 6,353
the state of the vehicle the offender was operating at the time 6,354
of the offense. The order of criminal forfeiture shall be issued 6,355
and enforced in accordance with section 4503.234 of the Revised 6,356
Code.
Sec. 4511.195. (A) As used in this section: 6,365
(1) "Vehicle operator" means a person who is operating a 6,367
vehicle at the time it is seized under division (B) of this 6,368
section. 6,369
(2) "Vehicle owner" means the person in whose name is 6,371
registered a vehicle that is seized under division (B) of this 6,372
section. 6,373
(3) "Municipal OMVI ordinance" means any municipal 6,375
ordinance prohibiting the operation of a vehicle while under the 6,376
influence of alcohol, a drug of abuse, or alcohol and a drug of 6,377
abuse or prohibiting the operation of a vehicle with a prohibited 6,378
concentration of alcohol in the blood, breath, or urine. 6,379
(4) "Interested party" includes the owner of a vehicle 6,382
seized under this section, all lienholders, the defendant, the 6,383
owner of the place of storage at which a vehicle seized under 6,384
this section is stored, and the person or entity that caused the 6,385
vehicle to be removed. 6,386
(B)(1) If a person is arrested for a violation of division 6,388
(A) of section 4511.19 of the Revised Code or of a municipal OMVI 6,389
ordinance and, within six years of the alleged violation, the 6,391
person previously has been convicted of or pleaded guilty to one
or more violations of division (A) or (B) of section 4511.19 of 6,392
the Revised Code, a municipal OMVI ordinance, section 2903.04 of 6,393
the Revised Code in a case in which the offender was subject to 6,394
156
the sanctions described in division (D) of that section, or 6,395
section 2903.06, 2903.07, or 2903.08 of the Revised Code or a 6,396
municipal ordinance that is substantially similar to section 6,397
2903.07 of the Revised Code in a case in which the jury or judge 6,398
found that the offender was under the influence of alcohol, a 6,399
drug of abuse, or alcohol and a drug of abuse, A STATUTE OF THE 6,400
UNITED STATES OR OF ANY OTHER STATE OR A MUNICIPAL ORDINANCE OF A 6,401
MUNICIPAL CORPORATION LOCATED IN ANY OTHER STATE THAT IS 6,402
SUBSTANTIALLY SIMILAR TO DIVISION (A) OR (B) OF SECTION 4511.19 6,403
OF THE REVISED CODE, or if a person is arrested for a violation 6,404
of division (A) of section 4511.19 of the Revised Code or of a 6,405
municipal OMVI ordinance and the person previously has been 6,406
convicted of or pleaded guilty to a violation of division (A) of 6,407
section 4511.19 of the Revised Code under circumstances in which 6,408
the violation was a felony, regardless of when the prior felony 6,410
violation of division (A) of section 4511.19 of the Revised Code
and the conviction or guilty plea occurred, the arresting officer 6,411
or another officer of the law enforcement agency that employs the 6,412
arresting officer, in addition to any action that the arresting 6,413
officer is required or authorized to take by section 4511.191 of 6,414
the Revised Code or by any other provision of law, shall seize 6,415
the vehicle that the person was operating at the time of the 6,416
alleged offense and its license plates. Except as otherwise 6,417
provided in this division, the officer shall seize the vehicle 6,418
and its license plates regardless of whether the vehicle is 6,420
registered in the name of the person who was operating it or in 6,421
the name of another person or entity. This section does not
apply to or affect any rented or leased vehicle that is being 6,422
rented or leased for a period of thirty days or less, except that 6,424
a law enforcement agency that employs a law enforcement officer 6,425
who makes an arrest of a type that is described in division 6,426
(B)(1) of this section and that involves a rented or leased 6,427
vehicle of this type shall notify, within twenty-four hours after 6,428
the officer makes the arrest, the lessor or owner of the vehicle 6,429
157
regarding the circumstances of the arrest and the location at
which the vehicle may be picked up. At the time of the seizure 6,431
of the vehicle, the law enforcement officer who made the arrest 6,432
shall give the vehicle operator written notice that the vehicle 6,433
and its license plates have been seized; that the vehicle either 6,434
will be kept by the officer's law enforcement agency or will be 6,435
immobilized at least until the operator's initial appearance on 6,436
the charge of the offense for which the arrest was made; that, at 6,437
the initial appearance, the court in certain circumstances may 6,438
order that the vehicle and license plates be released to the 6,440
vehicle owner until the disposition of that charge; that, if the 6,441
vehicle operator is convicted of that charge, the court generally 6,442
must order the immobilization of the vehicle and the impoundment 6,443
of its license plates, or the forfeiture of the vehicle; and 6,444
that, if the operator is not the vehicle owner, the operator 6,445
immediately should inform the vehicle owner that the vehicle and 6,446
its license plates have been seized and that the vehicle owner 6,447
may be able to obtain their return or release at the initial 6,448
appearance or thereafter. 6,449
(2) The arresting officer or a law enforcement officer of 6,451
the agency that employs the arresting officer shall give written 6,452
notice of the seizure to the court that will conduct the initial 6,453
appearance of the vehicle operator the vehicle operator. The 6,454
notice shall be given when the charges are filed against the 6,455
vehicle operator. Upon receipt of the notice, the court promptly 6,456
shall determine whether the vehicle operator is the vehicle owner 6,457
and, if it determines that the vehicle operator is not the 6,458
vehicle owner, promptly shall send by regular mail written notice 6,460
of the seizure of the motor vehicle to the vehicle owner. The
written notice to the vehicle owner shall contain all of the 6,462
information required by division (B)(1) of this section to be in 6,463
a notice to be given to the vehicle operator and also shall 6,464
specify the date, time, and place of the vehicle operator's 6,465
initial appearance the vehicle operator. The notice to the 6,466
158
vehicle owner also shall state that if the vehicle is immobilized 6,467
under division (A) of section 4503.233 of the Revised Code, seven 6,469
days after the end of the period of immobilization a law
enforcement agency will send the vehicle owner a notice, 6,471
informing the vehicle owner that if the release of the vehicle is 6,472
not obtained in accordance with division (D)(3) of section 6,473
4503.233 of the Revised Code, the vehicle shall be forfeited. 6,475
The notice also shall inform the vehicle owner that the vehicle 6,476
owner may be charged expenses or charges incurred under this 6,477
section and section 4503.233 of the Revised Code for the removal 6,478
and storage of the vehicle.
(3) At or before the initial appearance, the vehicle owner 6,481
may file a motion requesting the court to order that the vehicle 6,482
and its license plates be released to the vehicle owner. Except
as provided in this division and subject to the payment of 6,484
expenses or charges incurred in the removal and storage of the 6,485
vehicle, the court, in its discretion, then may issue an order 6,486
releasing the vehicle and its license plates to the vehicle 6,487
owner. Such an order may be conditioned upon such terms as the 6,488
court determines appropriate, including the posting of a bond in 6,489
an amount determined by the court. If the vehicle operator is 6,490
not the vehicle owner and if the vehicle owner is not present at 6,491
the vehicle operator's initial appearance, and if the court 6,492
believes that the vehicle owner was not provided with adequate 6,493
notice of the initial appearance, the court, in its discretion, 6,494
may allow the vehicle owner to file a motion within seven days of 6,495
the initial appearance. If the court allows the vehicle owner to 6,496
file such a motion after the initial appearance, the extension of 6,497
time granted by the court does not extend the time within which 6,498
the initial appearance is to be conducted. If the court issues 6,499
an order for the release of the vehicle and its license plates, a 6,500
copy of the order shall be made available to the vehicle owner. 6,501
If the vehicle owner presents a copy of the order to the law 6,502
enforcement agency that employs the law enforcement officer who 6,503
159
arrested the person who was operating the vehicle, the law 6,504
enforcement agency promptly shall release the vehicle and its 6,505
license plates to the vehicle owner upon payment by the vehicle 6,506
owner of any expenses or charges incurred in the removal and 6,507
storage of the vehicle.
(4) A vehicle seized under division (B)(1) of this section 6,509
either shall be towed to a place specified by the law enforcement 6,510
agency that employs the arresting officer to be safely kept by 6,511
the agency at that place for the time and in the manner specified 6,512
in this section or shall be otherwise immobilized for the time 6,513
and in the manner specified in this section. A law enforcement 6,514
officer of that agency shall remove the identification license 6,515
plates of the vehicle, and they shall be safely kept by the 6,516
agency for the time and in the manner specified in this section. 6,517
No vehicle that is seized and either towed or immobilized 6,518
pursuant to this division shall be considered contraband for 6,519
purposes of section 2933.41, 2933.42, or 2933.43 of the Revised 6,520
Code. The vehicle shall not be immobilized at any place other 6,521
than a commercially operated private storage lot, a place owned 6,522
by a law enforcement agency or other government agency, or a 6,523
place to which one of the following applies: 6,524
(a) The place is leased by or otherwise under the control 6,526
of a law enforcement agency or other government agency. 6,527
(b) The place is owned by the vehicle operator, the 6,529
vehicle operator's spouse, or a parent or child of the vehicle 6,530
operator. 6,531
(c) The place is owned by a private person or entity, and, 6,533
prior to the immobilization, the private entity or person that 6,534
owns the place, or the authorized agent of that private entity or 6,535
person, has given express written consent for the immobilization 6,536
to be carried out at that place. 6,537
(d) The place is a street or highway on which the vehicle 6,540
is parked in accordance with the law.
(C)(1) A vehicle that is seized under division (B) of this 6,543
160
section shall be safely kept at the place to which it is towed or 6,544
otherwise moved by the law enforcement agency that employs the
arresting officer until the initial appearance of the vehicle 6,546
operator relative to the charge the vehicle operator in question. 6,547
The license plates of the vehicle that are removed pursuant to 6,548
division (B) of this section shall be safely kept by the law 6,549
enforcement agency that employs the arresting officer until the 6,550
initial appearance of the vehicle operator relative to the charge 6,551
in question.
(2)(a) the vehicle owner's the vehicle owner the vehicle 6,553
owner the vehicle owner's the vehicle owner the vehicle owner's 6,554
the vehicle owner's the vehicle operator the vehicle owner's the 6,555
vehicle owner's the vehicle owner's the vehicle operator the 6,556
vehicle owner's If, at the initial appearance, the vehicle 6,557
operator pleads guilty to the violation of division (A) of 6,558
section 4511.19 of the Revised Code or of the municipal OMVI 6,559
ordinance or pleads no contest to and is convicted of the 6,560
violation, the court shall impose sentence upon the vehicle 6,561
operator as provided by law or ordinance; the court, except as 6,562
provided in this division and subject to section 4503.235 of the 6,563
Revised Code, shall order the immobilization of the vehicle and 6,564
the impoundment of its license plates under section 4503.233 and 6,565
section 4511.193 or 4511.99 of the Revised Code, or the criminal 6,566
forfeiture of the vehicle under section 4503.234 and section 6,568
4511.193 or 4511.99 of the Revised Code, whichever is applicable; 6,569
and the vehicle and its license plates shall not be returned or 6,570
released to the vehicle owner. If the vehicle operator is not 6,571
the vehicle owner and the vehicle owner the vehicle owner's is 6,572
not present at the vehicle operator's initial appearance and if 6,573
the court believes that the vehicle owner was not provided 6,574
adequate notice of the initial appearance, the court, in its 6,575
discretion, may refrain for a period of time not exceeding seven 6,576
days from ordering the immobilization of the vehicle and the 6,577
impoundment of its license plates, or the criminal forfeiture of 6,578
161
the vehicle so that the vehicle owner the vehicle owner's may
appear before the court to present evidence as to why the court 6,580
should not order the immobilization of the vehicle and the 6,581
impoundment of its license plates, or the criminal forfeiture of 6,582
the vehicle. If the court refrains from ordering the 6,583
immobilization of the vehicle and the impoundment of its license 6,584
plates, or the criminal forfeiture of the vehicle, section 6,585
4503.235 of the Revised Code applies relative to the order of 6,586
immobilization and impoundment, or the order of forfeiture. 6,587
(b) If, at any time, the charge that the vehicle operator 6,590
violated division (A) of section 4511.19 of the Revised Code or 6,591
the municipal OMVI ordinance is dismissed for any reason, the 6,592
court shall order that the vehicle seized at the time of the 6,593
arrest and its license plates immediately be released to the 6,594
vehicle owner subject to the payment of expenses or the vehicle 6,595
owner's charges incurred in the removal and storage of the 6,596
vehicle.
(D) If a vehicle is seized under division (B) of this 6,598
section the vehicle operator OMVI and is not returned or released 6,599
to the vehicle owner the vehicle owner's pursuant to division (C) 6,600
of this section, the vehicle or its license plates shall be 6,601
retained until the final disposition of the charge in question. 6,603
Upon the final disposition of that charge, the court shall do 6,604
whichever of the following is applicable:
(1) If the vehicle operator is convicted of or pleads 6,606
guilty to the violation of division (A) of section 4511.19 of the 6,607
Revised Code or of the municipal OMVI ordinance, the court shall 6,608
impose sentence upon the vehicle operator as provided by law or 6,609
ordinance and, subject to section 4503.235 of the Revised Code, 6,610
shall order the immobilization of the vehicle the vehicle 6,611
operator was operating at the time of, or that was involved in, 6,612
the offense and the impoundment of its license plates under 6,614
section 4503.233 and section 4511.193 or 4511.99 of the Revised 6,615
Code, or the criminal forfeiture of the vehicle under section 6,616
162
4503.234 and section 4511.193 or 4511.99 of the Revised Code, 6,617
whichever is applicable. 6,618
(2) If the vehicle operator is found not guilty of the 6,620
violation of division (A) of section 4511.19 of the Revised Code 6,621
or of the municipal OMVI ordinance, the court shall order that 6,622
the vehicle and its license plates immediately be released to the 6,624
vehicle owner upon the payment of any expenses or the vehicle 6,625
owner's charges incurred in its removal and storage. 6,626
(3) If the charge that the vehicle operator violated 6,628
division (A) of section 4511.19 of the Revised Code or the 6,629
municipal OMVI ordinance is dismissed for any reason, the court 6,630
shall order that the vehicle and its license plates immediately 6,632
be released to the vehicle owner upon the payment of any expenses 6,633
or the vehicle owner's charges incurred in its removal and 6,634
storage.
OMVI 6,636
(E) If a vehicle is seized under division (B) of this 6,638
section, the time between the seizure of the vehicle and either 6,639
its release to the vehicle owner the vehicle owner's under 6,640
division (C) of this section or the issuance of an order of 6,641
immobilization of the vehicle under section 4503.233 of the 6,643
Revised Code shall be credited against the period of
immobilization ordered by the court. 6,644
(F)(1) The vehicle owner may be charged expenses or 6,646
charges incurred in the removal and storage of the immobilized 6,647
vehicle. The court with jurisdiction over the case, after notice 6,648
to all interested parties, including lienholders, and after an 6,649
opportunity for them to be heard, if the vehicle owner fails to 6,650
appear in person, without good cause, or if the court finds that 6,651
the vehicle owner does not intend to seek release of the vehicle 6,652
at the end of the period of immobilization under section 4503.233 6,653
of the Revised Code or that the vehicle owner is not or will not 6,654
be able to pay the expenses and charges incurred in its removal 6,655
and storage, may order that title to the vehicle be transferred, 6,656
163
in order of priority, first into the name of the person or entity 6,657
that removed it, next into the name of a lienholder, or lastly 6,658
into the name of the owner of the place of storage. 6,659
Any lienholder that receives title under a court order 6,662
shall do so on the condition that it pay any expenses or charges 6,663
incurred in the vehicle's removal and storage. If the person or 6,664
entity that receives title to the vehicle is the person or entity 6,665
that removed it, the person or entity shall receive title on the 6,666
condition that it pay any lien on the vehicle. The court shall 6,668
not order that title be transferred to any person or entity other 6,669
than the owner of the place of storage if the person or entity 6,670
refuses to receive the title. Any person or entity that receives 6,671
title either may keep title to the vehicle or may dispose of the 6,672
vehicle in any legal manner that it considers appropriate, 6,673
including assignment of the certificate of title to the motor 6,674
vehicle to a salvage dealer or a scrap metal processing facility. 6,675
The person or entity shall not transfer the vehicle to the person 6,676
who is the vehicle's immediate previous owner. 6,678
If the person or entity assigns the motor vehicle to a 6,680
salvage dealer or scrap metal processing facility, the person or 6,681
entity shall send the assigned certificate of title to the motor 6,682
vehicle to the clerk of the court of common pleas of the county 6,683
in which the salvage dealer or scrap metal processing facility is 6,685
located. The person or entity shall mark the face of the
certificate of title with the words "for destruction" and shall 6,687
deliver a photocopy of the certificate of title to the salvage 6,688
dealer or scrap metal processing facility for its records. 6,689
(2) Whenever a court issues an order under division (F)(1) 6,691
of this section, the court also shall order removal of the 6,692
license plates from the vehicle and cause them to be sent to the 6,693
registrar of motor vehicles if they have not already been sent to 6,694
the registrar. Thereafter, no further proceedings shall take 6,695
place under this section or under section 4503.233 of the Revised 6,696
Code.
164
(3) Prior to initiating a proceeding under division (F)(1) 6,698
of this section, and upon payment of the fee under division (B) 6,699
of section 4505.14 of the Revised Code, any interested party may 6,700
cause a search to be made of the public records of the bureau of 6,701
motor vehicles or the clerk of the court of common pleas, to 6,702
ascertain the identity of any lienholder of the vehicle. The 6,703
initiating party shall furnish this information to the clerk of 6,704
the court with jurisdiction over the case, and the clerk shall 6,706
provide notice to the vehicle owner, the defendant, any 6,707
lienholder, and any other interested parties listed by the 6,708
initiating party, at the last known address supplied by the 6,709
initiating party, by certified mail or, at the option of the 6,710
initiating party, by personal service or ordinary mail. 6,711
the vehicle operator 6,713
Sec. 4511.196. (A) If a person is arrested for operating 6,722
a vehicle while under the influence of alcohol, a drug of abuse, 6,723
or alcohol and a drug of abuse or for operating a vehicle with a 6,724
prohibited concentration of alcohol in the blood, breath, or 6,725
urine and regardless of whether the person's driver's or 6,726
commercial driver's license or permit or nonresident operating 6,727
privilege is or is not suspended under division (E) or (F) of 6,728
section 4511.191 of the Revised Code, the person's initial 6,729
appearance on the charge resulting from the arrest shall be held 6,730
within five days of the person's arrest or the issuance of the 6,731
citation to him, subject to any continuance granted by the court 6,732
pursuant to division (H)(1) of section 4511.191 of the Revised 6,733
Code PERSON. 6,734
(B)(1) If a person is arrested as described in division 6,736
(A) of this section, if the person's driver's or commercial 6,737
driver's license or permit or nonresident operating privilege has 6,738
been suspended under division (E) or (F) of section 4511.191 of 6,739
the Revised Code in relation to that arrest, if the person at his 6,740
initial appearance on the charge resulting from the arrest 6,741
appeals the suspension in accordance with division (H)(1) of that 6,742
165
section, and if the judge, referee MAGISTRATE, or mayor at the 6,744
initial appearance terminates the suspension in accordance with
division (H)(2) of that section, the judge, referee MAGISTRATE, 6,746
or mayor at the initial appearance may impose a new suspension of 6,747
the person's license, permit, or nonresident operating privilege, 6,748
notwithstanding the termination of the suspension imposed under 6,749
division (E) or (F) of section 4511.191 of the Revised Code, if 6,750
the judge, referee MAGISTRATE, or mayor determines at the initial 6,752
appearance that the person's continued driving will be a threat
to public safety. 6,753
(2) If a person is arrested as described in division (A) 6,755
of this section and if the person's driver's or commercial 6,756
driver's license or permit or nonresident operating privilege has 6,757
not been suspended under division (E) or (F) of section 4511.191 6,758
of the Revised Code in relation to that arrest, the judge, 6,759
referee MAGISTRATE, or mayor at the person's initial appearance 6,761
on the charge resulting from the arrest may impose a new 6,762
suspension of the person's license, permit, or nonresident 6,763
operating privilege if the judge, referee, or mayor determines at 6,764
the initial appearance that the person's continued driving will 6,765
be a threat to public safety. 6,766
(C) A suspension of a person's driver's or commercial 6,768
driver's license or permit or nonresident operating privilege 6,769
under division (B)(1) or (2) of this section shall be imposed at 6,770
the person's initial appearance on the charge resulting from the 6,771
arrest and shall continue until the complaint on the charge 6,772
resulting from the arrest is adjudicated on the merits by the 6,773
judge or referee of the trial court or the mayor of the mayor's 6,774
court. A court that imposes a suspension under division (B)(2) 6,775
of this section shall send the person's driver's license or 6,776
permit to the registrar. If the court possesses the driver's or 6,777
commercial driver's license or permit of a person in the category 6,778
described in division (B)(2) of this section and the court does 6,779
not impose a suspension under division (B)(2) of this section, 6,780
166
the court shall return the license or permit to the person IF THE 6,781
LICENSE OR PERMIT HAS NOT OTHERWISE BEEN SUSPENDED OR REVOKED. 6,782
Any time during which the person serves a suspension of his 6,784
THE PERSON'S driver's or commercial driver's license or permit or 6,786
nonresident operating privilege that is imposed pursuant to 6,787
division (B)(1) or (2) of this section shall be credited against 6,788
any judicial suspension of his THE PERSON'S license, permit, or 6,789
nonresident operating privilege that is imposed pursuant to 6,790
division (B) of section 4507.16 of the Revised Code. 6,791
A suspension imposed pursuant to division (B)(1) or (2) of 6,793
this section shall terminate if the person subsequently is found 6,794
not guilty of the charge resulting from the arrest. 6,795
Sec. 4511.99. (A) Whoever violates division (A) of 6,804
section 4511.19 of the Revised Code, in addition to the license 6,805
suspension or revocation provided in section 4507.16 of the 6,806
Revised Code and any disqualification imposed under section 6,807
4506.16 of the Revised Code, shall be punished as provided in 6,808
division (A)(1), (2), (3), or (4) of this section. 6,809
(1) Except as otherwise provided in division (A)(2), (3), 6,812
or (4) of this section, the offender is guilty of a misdemeanor 6,813
of the first degree and the court shall sentence the offender to 6,814
a term of imprisonment of three consecutive days and may sentence 6,815
the offender pursuant to section 2929.21 of the Revised Code to a 6,816
longer term of imprisonment. In addition, the court shall impose 6,817
upon the offender a fine of not less than two hundred and not 6,818
more than one thousand dollars. 6,819
The court may suspend the execution of the mandatory three 6,821
consecutive days of imprisonment that it is required to impose by 6,822
this division, if the court, in lieu of the suspended term of 6,823
imprisonment, places the offender on probation and requires the 6,824
offender to attend, for three consecutive days, a drivers' 6,825
intervention program that is certified pursuant to section 6,826
3793.10 of the Revised Code. The court also may suspend the 6,827
execution of any part of the mandatory three consecutive days of 6,828
167
imprisonment that it is required to impose by this division, if 6,829
the court places the offender on probation for part of the three 6,830
consecutive days; requires the offender to attend, for that part 6,831
of the three consecutive days, a drivers' intervention program 6,832
that is certified pursuant to section 3793.10 of the Revised 6,833
Code; and sentences the offender to a term of imprisonment equal 6,834
to the remainder of the three consecutive days that the offender 6,835
does not spend attending the drivers' intervention program. The 6,836
court may require the offender, as a condition of probation, to 6,837
attend and satisfactorily complete any treatment or education 6,838
programs that comply with the minimum standards adopted pursuant 6,839
to Chapter 3793. of the Revised Code by the director of alcohol 6,840
and drug addiction services, in addition to the required 6,841
attendance at a drivers' intervention program, that the operators 6,842
of the drivers' intervention program determine that the offender 6,843
should attend and to report periodically to the court on the 6,844
offender's progress in the programs. The court also may impose 6,845
any other conditions of probation on the offender that it 6,846
considers necessary. 6,847
Of the fine imposed pursuant to this division, twenty-five 6,849
dollars shall be paid to an enforcement and education fund 6,850
established by the legislative authority of the law enforcement 6,851
agency in this state that primarily was responsible for the 6,852
arrest of the offender, as determined by the court that imposes 6,853
the fine. This share shall be used by the agency to pay only 6,854
those costs it incurs in enforcing section 4511.19 of the Revised 6,855
Code or a substantially similar municipal ordinance and in 6,856
informing the public of the laws governing the operation of a 6,857
motor vehicle while under the influence of alcohol, the dangers 6,858
of operating a motor vehicle while under the influence of 6,859
alcohol, and other information relating to the operation of a 6,860
motor vehicle and the consumption of alcoholic beverages. 6,861
Twenty-five dollars of the fine imposed pursuant to this division 6,862
shall be deposited into the county indigent drivers alcohol 6,863
168
treatment fund or municipal indigent drivers alcohol treatment 6,864
fund under the control of that court, as created by the county or 6,865
municipal corporation pursuant to division (N) of section 6,866
4511.191 of the Revised Code. The balance of the fine shall be 6,867
disbursed as otherwise provided by law. 6,868
(2)(a) Except as otherwise provided in division (A)(4) of 6,871
this section, if, within six years of the offense, the offender 6,872
has been convicted of or pleaded guilty to one violation of 6,873
division (A) or (B) of section 4511.19 of the Revised Code, a 6,874
municipal ordinance relating to operating a vehicle while under 6,875
the influence of alcohol, a drug of abuse, or alcohol and a drug 6,876
of abuse, a municipal ordinance relating to operating a vehicle 6,877
with a prohibited concentration of alcohol in the blood, breath, 6,878
or urine, section 2903.04 of the Revised Code in a case in which 6,879
the offender was subject to the sanctions described in division 6,880
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 6,882
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 6,883
the jury or judge found that the offender was under the influence 6,884
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 6,885
statute of THE UNITED STATES OR OF any other state or a municipal 6,887
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 6,888
4511.19 of the Revised Code, the offender is guilty of a 6,889
misdemeanor of the first degree and, except as provided in this 6,890
division, the court shall sentence the offender to a term of 6,891
imprisonment of ten consecutive days and may sentence the 6,892
offender pursuant to section 2929.21 of the Revised Code to a 6,893
longer term of imprisonment. As an alternative to the term of 6,894
imprisonment required to be imposed by this division, but subject 6,895
to division (A)(8) of this section, the court may impose upon the 6,896
offender a sentence consisting of both a term of imprisonment of 6,897
five consecutive days and not less than eighteen consecutive days 6,898
of electronically monitored house arrest as defined in division 6,899
169
(A) of section 2929.23 of the Revised Code. The five consecutive 6,900
days of imprisonment and the period of electronically monitored 6,901
house arrest shall not exceed six months. The five consecutive 6,902
days of imprisonment do not have to be served prior to or 6,903
consecutively with the period of electronically monitored house 6,904
arrest.
In addition, the court shall impose upon the offender a 6,906
fine of not less than three hundred and not more than one 6,907
thousand five hundred dollars. 6,908
In addition to any other sentence that it imposes upon the 6,910
offender, the court may require the offender to attend a drivers' 6,911
intervention program that is certified pursuant to section 6,912
3793.10 of the Revised Code. If the officials of the drivers' 6,913
intervention program determine that the offender is alcohol 6,914
dependent, they shall notify the court, and the court shall order 6,915
the offender to obtain treatment through an alcohol and drug 6,916
addiction program authorized by section 3793.02 of the Revised 6,917
Code. The cost of the treatment shall be paid by the offender. 6,918
Of the fine imposed pursuant to this division, thirty-five 6,920
dollars shall be paid to an enforcement and education fund 6,921
established by the legislative authority of the law enforcement 6,922
agency in this state that primarily was responsible for the 6,923
arrest of the offender, as determined by the court that imposes 6,924
the fine. This share shall be used by the agency to pay only 6,925
those costs it incurs in enforcing division (A) of section 6,926
4511.19 of the Revised Code or a substantially similar municipal 6,927
ordinance and in informing the public of the laws governing the 6,928
operation of a motor vehicle while under the influence of 6,929
alcohol, the dangers of operating a motor vehicle while under the 6,930
influence of alcohol, and other information relating to the 6,931
operation of a motor vehicle and the consumption of alcoholic 6,932
beverages. Sixty-five dollars of the fine imposed pursuant to 6,933
this division shall be paid to the political subdivision 6,934
responsible for housing the offender during the offender's term 6,936
170
of incarceration. This share shall be used by the political 6,937
subdivision to pay or reimburse incarceration costs it incurs in 6,938
housing persons who violate section 4511.19 of the Revised Code 6,939
or a substantially similar municipal ordinance and to pay for 6,940
ignition interlock devices and electronic house arrest equipment 6,941
for persons who violate that section, and shall be paid to the 6,942
credit of the fund that pays the cost of the incarceration. 6,943
Fifty dollars of the fine imposed pursuant to this division shall 6,944
be deposited into the county indigent drivers alcohol treatment 6,945
fund or municipal indigent drivers alcohol treatment fund under 6,946
the control of that court, as created by the county or municipal 6,947
corporation pursuant to division (N) of section 4511.191 of the 6,948
Revised Code. The balance of the fine shall be disbursed as 6,949
otherwise provided by law. 6,950
(b) Regardless of whether the vehicle the offender was 6,952
operating at the time of the offense is registered in the 6,953
offender's name or in the name of another person, the court, in 6,955
addition to the penalties imposed under division (A)(2)(a) of 6,956
this section and all other penalties provided by law and subject 6,957
to section 4503.235 of the Revised Code, shall order the 6,958
immobilization for ninety days of the vehicle the offender was 6,959
operating at the time of the offense and the impoundment for 6,960
ninety days of the identification license plates of that vehicle. 6,961
The order for the immobilization and impoundment shall be issued 6,962
and enforced in accordance with section 4503.233 of the Revised 6,963
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 6,966
this section, if, within six years of the offense, the offender 6,967
has been convicted of or pleaded guilty to two violations of 6,968
division (A) or (B) of section 4511.19 of the Revised Code, a 6,969
municipal ordinance relating to operating a vehicle while under 6,970
the influence of alcohol, a drug of abuse, or alcohol and a drug 6,971
of abuse, a municipal ordinance relating to operating a vehicle 6,972
with a prohibited concentration of alcohol in the blood, breath, 6,973
171
or urine, section 2903.04 of the Revised Code in a case in which 6,974
the offender was subject to the sanctions described in division 6,975
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 6,977
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 6,978
the jury or judge found that the offender was under the influence 6,979
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 6,981
statute of THE UNITED STATES OR OF any other state or a municipal 6,982
ordinance of a municipal corporation located in any other state 6,983
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, except as provided in this division, 6,984
the court shall sentence the offender to a term of imprisonment 6,985
of thirty consecutive days and may sentence the offender to a 6,986
longer definite term of imprisonment of not more than one year. 6,987
As an alternative to the term of imprisonment required to be 6,988
imposed by this division, but subject to division (A)(8) of this 6,989
section, the court may impose upon the offender a sentence 6,990
consisting of both a term of imprisonment of fifteen consecutive 6,991
days and not less than fifty-five consecutive days of 6,992
electronically monitored house arrest as defined in division (A) 6,993
of section 2929.23 of the Revised Code. The fifteen consecutive 6,994
days of imprisonment and the period of electronically monitored 6,995
house arrest shall not exceed one year. The fifteen consecutive 6,996
days of imprisonment do not have to be served prior to or 6,997
consecutively with the period of electronically monitored house 6,998
arrest.
In addition, the court shall impose upon the offender a 7,000
fine of not less than five hundred and not more than two thousand 7,001
five hundred dollars. 7,002
In addition to any other sentence that it imposes upon the 7,004
offender, the court shall require the offender to attend an 7,005
alcohol and drug addiction program authorized by section 3793.02 7,006
of the Revised Code. The cost of the treatment shall be paid by 7,007
the offender. If the court determines that the offender is 7,008
172
unable to pay the cost of attendance at the treatment program, 7,010
the court may order that payment of the cost of the offender's 7,011
attendance at the treatment program be made from that court's 7,012
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 7,014
twenty-three dollars shall be paid to an enforcement and 7,015
education fund established by the legislative authority of the 7,016
law enforcement agency in this state that primarily was 7,017
responsible for the arrest of the offender, as determined by the 7,018
court that imposes the fine. This share shall be used by the 7,019
agency to pay only those costs it incurs in enforcing section 7,020
4511.19 of the Revised Code or a substantially similar municipal 7,021
ordinance and in informing the public of the laws governing the 7,022
operation of a motor vehicle while under the influence of 7,023
alcohol, the dangers of operating a motor vehicle while under the 7,024
influence of alcohol, and other information relating to the 7,025
operation of a motor vehicle and the consumption of alcoholic 7,026
beverages. Two hundred twenty-seven dollars of the fine imposed 7,027
pursuant to this division shall be paid to the political 7,028
subdivision responsible for housing the offender during the 7,029
offender's term of incarceration. This share shall be used by 7,031
the political subdivision to pay or reimburse incarceration costs 7,032
it incurs in housing persons who violate division (A) of section 7,033
4511.19 of the Revised Code or a substantially similar municipal 7,034
ordinance and to pay for ignition interlock devices and 7,035
electronic house arrest equipment for persons who violate that 7,036
section and shall be paid to the credit of the fund that pays the 7,037
cost of incarceration. The balance of the fine shall be 7,038
disbursed as otherwise provided by law. 7,039
(b) Regardless of whether the vehicle the offender was 7,041
operating at the time of the offense is registered in the 7,042
offender's name or in the name of another person, the court, in 7,044
addition to the penalties imposed under division (A)(3)(a) of 7,045
this section and all other penalties provided by law and subject 7,046
173
to section 4503.235 of the Revised Code, shall order the 7,047
immobilization for one hundred eighty days of the vehicle the 7,048
offender was operating at the time of the offense and the 7,049
impoundment for one hundred eighty days of the identification 7,050
license plates of that vehicle. The order for the immobilization 7,051
and impoundment shall be issued and enforced in accordance with 7,052
section 4503.233 of the Revised Code. 7,053
(4)(a) If, within six years of the offense, the offender 7,055
has been convicted of or pleaded guilty to three or more 7,056
violations of division (A) or (B) of section 4511.19 of the 7,057
Revised Code, a municipal ordinance relating to operating a 7,058
vehicle while under the influence of alcohol, a drug of abuse, or 7,059
alcohol and a drug of abuse, a municipal ordinance relating to 7,060
operating a vehicle with a prohibited concentration of alcohol in 7,061
the blood, breath, or urine, section 2903.04 of the Revised Code 7,062
in a case in which the offender was subject to the sanctions 7,063
described in division (D) of that section, section 2903.06, 7,064
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 7,065
that is substantially similar to section 2903.07 of the Revised 7,066
Code in a case in which the jury or judge found that the offender 7,067
was under the influence of alcohol, a drug of abuse, or alcohol 7,068
and a drug of abuse, or a statute of THE UNITED STATES OR OF any 7,070
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to 7,071
division (A) or (B) of section 4511.19 of the Revised Code, or if 7,072
the offender previously has been convicted of or pleaded guilty 7,073
to a violation of division (A) of section 4511.19 of the Revised 7,074
Code under circumstances in which the violation was a felony and 7,075
regardless of when the violation and the conviction or guilty 7,076
plea occurred, the offender is guilty of a felony of the fourth 7,077
degree. The court shall sentence the offender in accordance with 7,078
sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration 7,079
of sixty consecutive days of imprisonment in accordance with 7,080
174
division (G)(1) of section 2929.13 of the Revised Code or a 7,081
mandatory prison term of sixty consecutive days of imprisonment 7,082
in accordance with division (G)(2) of that section, whichever is 7,083
applicable. If the offender is required to serve a mandatory 7,084
term of local incarceration of sixty consecutive days of 7,085
imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 7,086
2929.17 of the Revised Code, may impose upon the offender a 7,088
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house 7,089
arrest shall not commence until after the offender has served the 7,090
mandatory term of local incarceration. 7,091
In addition to all other sanctions imposed, the court shall 7,093
impose upon the offender, pursuant to section 2929.18 of the 7,094
Revised Code, a fine of not less than seven hundred fifty nor 7,095
more than ten thousand dollars. 7,096
In addition to any other sanction that it imposes upon the 7,099
offender, the court shall require the offender to attend an 7,101
alcohol and drug addiction program authorized by section 3793.02 7,102
of the Revised Code. The cost of the treatment shall be paid by 7,103
the offender. If the court determines that the offender is 7,104
unable to pay the cost of attendance at the treatment program, 7,105
the court may order that payment of the cost of the offender's 7,106
attendance at the treatment program be made from the court's 7,107
indigent drivers alcohol treatment fund. 7,108
Of the fine imposed pursuant to this division, two hundred 7,110
ten dollars shall be paid to an enforcement and education fund 7,111
established by the legislative authority of the law enforcement 7,112
agency in this state that primarily was responsible for the 7,113
arrest of the offender, as determined by the court that imposes 7,114
the fine. This share shall be used by the agency to pay only 7,115
those costs it incurs in enforcing section 4511.19 of the Revised 7,116
Code or a substantially similar municipal ordinance and in 7,117
informing the public of the laws governing operation of a motor 7,118
175
vehicle while under the influence of alcohol, the dangers of 7,119
operation of a motor vehicle while under the influence of 7,120
alcohol, and other information relating to the operation of a 7,121
motor vehicle and the consumption of alcoholic beverages. Three 7,122
hundred ninety dollars of the fine imposed pursuant to this 7,123
division shall be paid to the political subdivision responsible 7,124
for housing the offender during the offender's term of 7,125
incarceration. This share shall be used by the political 7,127
subdivision to pay or reimburse incarceration costs it incurs in 7,128
housing persons who violate division (A) of section 4511.19 of 7,129
the Revised Code or a substantially similar municipal ordinance 7,130
and to pay for ignition interlock devices and electronic house 7,131
arrest equipment for persons who violate that section, and shall 7,132
be paid to the credit of the fund that pays the cost of 7,133
incarceration. The balance of the fine shall be disbursed as 7,134
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 7,136
operating at the time of the offense is registered in the 7,137
offender's name or in the name of another person, the court, in 7,139
addition to the sanctions imposed under division (A)(4)(a) of 7,140
this section and all other sanctions provided by law and subject 7,142
to section 4503.235 of the Revised Code, shall order the criminal 7,144
forfeiture to the state of the vehicle the offender was operating 7,145
at the time of the offense. The order of criminal forfeiture 7,146
shall be issued and enforced in accordance with section 4503.234 7,147
of the Revised Code. 7,148
(c) As used in division (A)(4)(a) of this section, 7,151
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 7,153
the Revised Code.
If title to a motor vehicle that is subject to an order for 7,155
criminal forfeiture under this section is assigned or transferred 7,156
and division (C)(2) or (3) of section 4503.234 of the Revised 7,157
Code applies, in addition to or independent of any other penalty 7,158
176
established by law, the court may fine the offender the value of 7,159
the vehicle as determined by publications of the national auto 7,160
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 7,161
(D)(4) of section 4503.234 of the Revised Code. 7,162
(5)(a) Except as provided in division (A)(5)(b) of this 7,164
section, upon a showing that imprisonment would seriously affect 7,165
the ability of an offender sentenced pursuant to division (A)(1), 7,166
(2), (3), or (4) of this section to continue the offender's 7,167
employment, the court may authorize that the offender be granted 7,169
work release from imprisonment after the offender has served the 7,170
three, ten, or thirty consecutive days of imprisonment or the 7,171
mandatory term of local incarceration of sixty consecutive days 7,172
that the court is required by division (A)(1), (2), (3), or (4) 7,174
of this section to impose. No court shall authorize work release 7,175
from imprisonment during the three, ten, or thirty consecutive 7,176
days of imprisonment or the mandatory term of local incarceration 7,177
or mandatory prison term of sixty consecutive days that the court 7,179
is required by division (A)(1), (2), (3), or (4) of this section 7,180
to impose. The duration of the work release shall not exceed the 7,181
time necessary each day for the offender to commute to and from 7,182
the place of employment and the place of imprisonment and the 7,183
time actually spent under employment. 7,184
(b) An offender who is sentenced pursuant to division 7,186
(A)(2) or (3) of this section to a term of imprisonment followed 7,187
by a period of electronically monitored house arrest is not 7,188
eligible for work release from imprisonment, but that person 7,189
shall be permitted work release during the period of 7,190
electronically monitored house arrest. The duration of the work 7,191
release shall not exceed the time necessary each day for the 7,192
offender to commute to and from the place of employment and the 7,193
offender's home or other place specified by the sentencing court 7,194
and the time actually spent under employment. 7,195
(6) Notwithstanding any section of the Revised Code that 7,197
177
authorizes the suspension of the imposition or execution of a 7,198
sentence, the placement of an offender in any treatment program 7,200
in lieu of imprisonment, or the use of a community control 7,201
sanction for an offender convicted of a felony, no court shall 7,202
suspend the ten or thirty consecutive days of imprisonment 7,203
required to be imposed on an offender by division (A)(2) or (3) 7,204
of this section, no court shall place an offender who is 7,205
sentenced pursuant to division (A)(2), (3), or (4) of this 7,206
section in any treatment program in lieu of imprisonment until 7,207
after the offender has served the ten or thirty consecutive days 7,208
of imprisonment or the mandatory term of local incarceration or 7,209
mandatory prison term of sixty consecutive days required to be 7,210
imposed pursuant to division (A)(2), (3), or (4) of this section, 7,211
no court that sentences an offender under division (A)(4) of this 7,212
section shall impose any sanction other than a mandatory term of 7,213
local incarceration or mandatory prison term to apply to the 7,214
offender until after the offender has served the mandatory term 7,215
of local incarceration or mandatory prison term of sixty 7,217
consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no court that imposes a sentence of 7,219
imprisonment and a period of electronically monitored house 7,220
arrest upon an offender under division (A)(2) or (3) of this 7,221
section shall suspend any portion of the sentence or place the 7,222
offender in any treatment program in lieu of imprisonment or 7,223
electronically monitored house arrest. Notwithstanding any 7,224
section of the Revised Code that authorizes the suspension of the 7,225
imposition or execution of a sentence or the placement of an 7,226
offender in any treatment program in lieu of imprisonment, no 7,227
court, except as specifically authorized by division (A)(1) of 7,228
this section, shall suspend the three consecutive days of 7,229
imprisonment required to be imposed by division (A)(1) of this 7,230
section or place an offender who is sentenced pursuant to 7,231
division (A)(1) of this section in any treatment program in lieu 7,232
of imprisonment until after the offender has served the three 7,233
178
consecutive days of imprisonment required to be imposed pursuant 7,234
to division (A)(1) of this section. 7,235
(7) No court shall sentence an offender to an alcohol 7,237
treatment program pursuant to division (A)(1), (2), (3), or (4) 7,238
of this section unless the treatment program complies with the 7,239
minimum standards adopted pursuant to Chapter 3793. of the 7,240
Revised Code by the director of alcohol and drug addiction 7,241
services. 7,242
(8) No court shall impose the alternative sentence of a 7,244
term of imprisonment of five consecutive days plus not less than 7,245
eighteen consecutive days of electronically monitored house 7,246
arrest permitted to be imposed by division (A)(2) of this 7,247
section, or the alternative sentence of a term of imprisonment of 7,248
fifteen consecutive days plus not less than fifty-five 7,249
consecutive days of electronically monitored house arrest 7,250
permitted to be imposed pursuant to division (A)(3) of this 7,251
section, unless within sixty days of the date of sentencing, the 7,252
court issues a written finding, entered into the record, that due 7,253
to the unavailability of space at the incarceration facility 7,254
where the offender is required to serve the term of imprisonment 7,255
imposed upon the offender, the offender will not be able to 7,256
commence serving the term of imprisonment within the sixty-day 7,258
period following the date of sentencing. If the court issues 7,259
such a finding, the court may impose the alternative sentence 7,260
comprised of a term of imprisonment and a term of electronically 7,261
monitored house arrest permitted to be imposed by division (A)(2) 7,262
or (3) of this section. 7,263
(B) Whoever violates section 4511.192, 4511.251, or 7,265
4511.85 of the Revised Code is guilty of a misdemeanor of the 7,266
first degree. The court, in addition to or independent of all 7,267
other penalties provided by law, may suspend for a period not to 7,268
exceed one year the driver's or commercial driver's license or 7,269
permit or nonresident operating privilege of any person who 7,270
pleads guilty to or is convicted of a violation of section 7,271
179
4511.192 of the Revised Code. 7,272
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 7,274
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 7,275
guilty of one of the following: 7,276
(1) Except as otherwise provided in division (C)(2) of 7,278
this section, a minor misdemeanor. 7,279
(2) If the offender previously has been convicted of or 7,282
pleaded guilty to one or more violations of section 4511.63, 7,283
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 7,284
Revised Code or a municipal ordinance that is substantially 7,285
similar to any of those sections, a misdemeanor of the fourth 7,288
degree.
(D)(1) Whoever violates any provision of sections 4511.01 7,290
to 4511.76 or section 4511.84 of the Revised Code, for which no 7,291
penalty otherwise is provided in this section is guilty of one of 7,292
the following: 7,293
(a) Except as otherwise provided in division (D)(1)(b), 7,296
(1)(c), (2), or (3) of this section, a minor misdemeanor; 7,297
(b) If, within one year of the offense, the offender 7,299
previously has been convicted of or pleaded guilty to one 7,301
violation of any provision of sections 4511.01 to 4511.76 or 7,303
section 4511.84 of the Revised Code for which no penalty 7,304
otherwise is provided in this section or a municipal ordinance 7,306
that is substantially similar to any provision of sections 7,307
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 7,308
which no penalty otherwise is provided in this section, a 7,309
misdemeanor of the fourth degree; 7,311
(c) If, within one year of the offense, the offender 7,313
previously has been convicted of or pleaded guilty to two or more 7,314
violations of any provision described in division (D)(1)(b) of 7,316
this section or any municipal ordinance that is substantially 7,317
similar to any of those provisions, a misdemeanor of the third 7,318
degree. 7,319
(2) When any person is found guilty of a first offense for 7,321
180
a violation of section 4511.21 of the Revised Code upon a finding 7,322
that the person operated a motor vehicle faster than thirty-five 7,324
miles an hour in a business district of a municipal corporation, 7,325
or faster than fifty miles an hour in other portions, or faster 7,326
than thirty-five miles an hour while passing through a school 7,327
zone during recess or while children are going to or leaving 7,328
school during the opening or closing hours, the person is guilty 7,329
of a misdemeanor of the fourth degree. 7,330
(3) Notwithstanding section 2929.21 of the Revised Code, 7,332
upon a finding that such person operated a motor vehicle in a 7,333
construction zone where a sign was then posted in accordance with 7,334
section 4511.98 of the Revised Code, the court, in addition to 7,335
all other penalties provided by law, shall impose a fine of two 7,336
times the usual amount imposed for the violation. No court shall 7,337
impose a fine of two times the usual amount imposed for the 7,338
violation upon an offender who alleges, in an affidavit filed 7,339
with the court prior to the offender's sentencing, that the 7,340
offender is indigent and is unable to pay the fine imposed 7,341
pursuant to this division, provided the court determines the 7,342
offender is an indigent person and is unable to pay the fine. 7,343
(E) Whenever a person is found guilty in a court of record 7,345
of a violation of section 4511.761, 4511.762, or 4511.77 of the 7,346
Revised Code, the trial judge, in addition to or independent of 7,347
all other penalties provided by law, may suspend for any period 7,348
of time not exceeding three years, or revoke the license of any 7,349
person, partnership, association, or corporation, issued under 7,350
section 4511.763 of the Revised Code. 7,351
(F) Whoever violates division (E) or (F) of section 7,353
4511.51, division (A), (D), or (E) of section 4511.521, section 7,354
4511.681, division (A), (C), or (F) of section 4511.69, section 7,355
4511.772, or division (A) or (B) of section 4511.82 of the 7,356
Revised Code is guilty of a minor misdemeanor. 7,357
(G) Whoever violates division (A) of section 4511.75 of 7,359
the Revised Code may be fined an amount not to exceed five 7,360
181
hundred dollars. A person who is issued a citation for a 7,361
violation of division (A) of section 4511.75 of the Revised Code 7,362
is not permitted to enter a written plea of guilty and waive the 7,363
person's right to contest the citation in a trial, but instead 7,364
must appear in person in the proper court to answer the charge. 7,365
(H)(1) Whoever is a resident of this state and violates 7,367
division (A) or (B) of section 4511.81 of the Revised Code shall 7,368
be punished as follows: 7,369
(a) Except as otherwise provided in division (H)(1)(b) of 7,371
this section, the offender is guilty of a minor misdemeanor. 7,373
(b) If the offender previously has been convicted of or 7,375
pleaded guilty to a violation of division (A) or (B) of section 7,376
4511.81 of the Revised Code or of a municipal ordinance that is 7,378
substantially similar to either of those divisions, the offender 7,379
is guilty of a misdemeanor of the fourth degree. 7,380
(2) Whoever is not a resident of this state, violates 7,382
division (A) or (B) of section 4511.81 of the Revised Code, and 7,383
fails to prove by a preponderance of the evidence that the 7,384
offender's use or nonuse of a child restraint system was in 7,385
accordance with the law of the state of which the offender is a 7,387
resident is guilty of a minor misdemeanor on a first offense; on 7,389
a second or subsequent offense, that person is guilty of a 7,390
misdemeanor of the fourth degree. 7,391
(3) Sixty-five per cent of every fine imposed pursuant to 7,393
division (H)(1) or (2) of this section shall be forwarded to the 7,394
treasurer of state for deposit in the "child highway safety fund" 7,395
created by division (G) of section 4511.81 of the Revised Code. 7,396
The balance of the fine shall be disbursed as otherwise provided 7,397
by law. 7,398
(I) Whoever violates section 4511.202 of the Revised Code 7,400
is guilty of operating a motor vehicle without being in control 7,401
of it, a minor misdemeanor. 7,402
(J) Whoever violates division (B) of section 4511.74, 7,404
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 7,405
182
section 4511.83 of the Revised Code is guilty of a misdemeanor of 7,406
the first degree. 7,407
(K) Except as otherwise provided in this division, whoever 7,409
violates division (E) of section 4511.11, division (A) or (C) of 7,410
section 4511.17, or section 4511.18 of the Revised Code is guilty 7,411
of a misdemeanor of the third degree. If a violation of division 7,412
(A) or (C) of section 4511.17 of the Revised Code creates a risk 7,413
of physical harm to any person, the offender is guilty of a 7,414
misdemeanor of the first degree. A violation of division (A) or 7,415
(C) of section 4511.17 of the Revised Code that causes serious 7,416
physical harm to property that is owned, leased, or controlled by 7,417
a state or local authority is a felony of the fifth degree. 7,419
(L) Whoever violates division (H) of section 4511.69 of 7,421
the Revised Code shall be punished as follows: 7,422
(1) Except as otherwise provided in division (L)(2) of 7,425
this section, the offender shall be issued a warning. 7,426
(2) If the offender previously has been convicted of or 7,428
pleaded guilty to a violation of division (H) of section 4511.69 7,429
of the Revised Code or of a municipal ordinance that is 7,430
substantially similar to that division, the offender shall not be 7,431
issued a warning but shall be fined twenty-five dollars for each 7,432
parking location that is not properly marked or whose markings 7,434
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 7,436
4511.45 of the Revised Code is guilty of a misdemeanor of the 7,437
fourth degree on a first offense; on a second offense within one 7,438
year after the first offense, the person is guilty of a 7,439
misdemeanor of the third degree; and on each subsequent offense 7,440
within one year after the first offense, the person is guilty of 7,441
a misdemeanor of the second degree. 7,442
(N)(1) Whoever violates division (B) of section 4511.19 of 7,445
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 7,446
(a) Except as otherwise provided in division (N)(1)(b) of 7,449
183
this section, the offender is guilty of a misdemeanor of the 7,451
fourth degree.
(b) If, within one year of the offense, the offender has 7,453
been convicted of or pleaded guilty to any violation of division 7,454
(A) or (B) of section 4511.19 of the Revised Code, a municipal 7,455
ordinance relating to operating a vehicle while under the 7,456
influence of alcohol, a drug of abuse, or alcohol and a drug of 7,457
abuse, a municipal ordinance relating to operating a vehicle with 7,458
a prohibited concentration of alcohol in the blood, breath, or 7,459
urine, section 2903.04 of the Revised Code in a case in which the 7,460
offender was subject to the sanctions described in division (D) 7,461
of that section, section 2903.06, 2903.07, or 2903.08 of the 7,462
Revised Code or a municipal ordinance that is substantially 7,463
similar to section 2903.07 of the Revised Code in a case in which 7,464
the jury or judge found that the offender was under the influence 7,465
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 7,466
statute of THE UNITED STATES OR OF any other state or a municipal 7,468
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 7,469
4511.19 of the Revised Code, the offender is guilty of a 7,470
misdemeanor of the third degree.
(2) In addition to or independent of all other penalties 7,472
provided by law, the offender's driver's or commercial driver's 7,473
license or permit or nonresident operating privilege shall be 7,474
suspended in accordance with, and for the period of time 7,475
specified in, division (E) of section 4507.16 of the Revised 7,476
Code. 7,477
Sec. 4513.61. The sheriff of a county or chief of police 7,486
of a municipal corporation, township, or township police 7,487
district, within the sheriff's or chief's respective territorial 7,489
jurisdiction, or a state highway patrol trooper, upon 7,490
notification to the sheriff or chief of police of such action and 7,491
of the location of the place of storage, may order into storage 7,492
any motor vehicle, other than an abandoned junk motor vehicle as 7,493
184
defined in section 4513.63 of the Revised Code, which THAT HAS 7,494
COME INTO THE POSSESSION OF THE SHERIFF, CHIEF OF POLICE, OR 7,495
STATE HIGHWAY PATROL TROOPER AS A RESULT OF THE PERFORMANCE OF 7,496
THE SHERIFF'S, CHIEF'S, OR TROOPER'S DUTIES OR THAT has been left 7,497
on a public street or other property open to the public for
purposes of vehicular travel, or upon or within the right-of-way 7,498
of any road or highway, for forty-eight hours or longer without 7,499
notification to the sheriff or chief of police of the reasons for 7,500
leaving the motor vehicle in such place. The sheriff or chief of 7,501
police shall designate the place of storage of any motor vehicle 7,502
so ordered removed.
The sheriff or chief of police immediately shall cause a 7,504
search to be made of the records of the bureau of motor vehicles 7,505
to ascertain the owner and any lienholder of a motor vehicle 7,506
ordered into storage by the sheriff or chief of police, or by a 7,507
state highway patrol trooper, and, if known, shall send or cause 7,508
to be sent notice to the owner or lienholder at the owner's or 7,509
lienholder's last known address by certified mail with return 7,511
receipt requested, that the motor vehicle will be declared a 7,512
nuisance and disposed of if not claimed within ten days of the 7,513
date of mailing of the notice. The owner or lienholder of the 7,514
motor vehicle may reclaim it upon payment of any expenses or 7,515
charges incurred in its removal and storage, and presentation of 7,516
proof of ownership, which may be evidenced by a certificate of 7,517
title to the motor vehicle. If the owner or lienholder of the 7,518
motor vehicle reclaims it after a search of the records of the 7,519
bureau has been conducted and after notice has been sent to the 7,520
owner or lienholder as described in this section, and the search 7,521
was conducted by the owner of the place of storage or the owner's
employee, and the notice was sent to the motor vehicle owner by 7,522
the owner of the place of storage or the owner's employee, the 7,523
owner or lienholder shall pay to the place of storage a 7,524
processing fee of twenty-five dollars, in addition to any 7,525
expenses or charges incurred in the removal and storage of the 7,526
185
vehicle.
If the owner or lienholder makes no claim to the motor 7,528
vehicle within ten days of the date of mailing of the notice, and 7,529
if the vehicle is to be disposed of at public auction as provided 7,530
in section 4513.62 of the Revised Code, the sheriff or chief of 7,531
police shall file with the clerk of courts of the county in which 7,532
the place of storage is located an affidavit showing compliance 7,533
with the requirements of this section. Upon presentation of the 7,534
affidavit, the clerk, without charge, shall issue a salvage 7,536
certificate of title, free and clear of all liens and 7,537
encumbrances, to the sheriff or chief of police. If the vehicle
is to be disposed of to a motor vehicle salvage dealer or other 7,538
facility as provided in section 4513.62 of the Revised Code, the 7,539
sheriff or chief of police shall execute in triplicate an 7,540
affidavit, as prescribed by the registrar of motor vehicles, 7,541
describing the motor vehicle and the manner in which it was 7,542
disposed of, and that all requirements of this section have been 7,543
complied with. The sheriff or chief of police shall retain the 7,544
original of the affidavit for the sheriff's or chief's records, 7,546
and shall furnish two copies to the motor vehicle salvage dealer 7,547
or other facility. Upon presentation of a copy of the affidavit 7,548
by the motor vehicle salvage dealer, the clerk of courts shall 7,549
issue to such owner a salvage certificate of title, free and 7,550
clear of all liens and encumbrances. 7,551
Whenever a motor vehicle salvage dealer or other facility 7,553
receives an affidavit for the disposal of a motor vehicle as 7,555
provided in this section, the dealer or facility shall not be 7,557
required to obtain an Ohio certificate of title to the motor 7,558
vehicle in the dealer's or facility's own name if the vehicle is 7,559
dismantled or destroyed and both copies of the affidavit are 7,560
delivered to the clerk of courts.
Sec. 4513.63. "Abandoned junk motor vehicle" means any 7,569
motor vehicle meeting all of the following requirements: 7,570
(A) Left on private property for more than seventy-two 7,572
186
hours without the permission of the person having the right to 7,573
the possession of the property, on a public street or other 7,574
property open to the public for purposes of vehicular travel or 7,575
parking, or upon or within the right-of-way of any road or 7,576
highway, for forty-eight hours or longer; 7,577
(B) Three years old, or older; 7,579
(C) Extensively damaged, such damage including but not 7,581
limited to any of the following: missing wheels, tires, motor, 7,582
or transmission; 7,583
(D) Apparently inoperable; 7,585
(E) Having a fair market value of four ONE THOUSAND FIVE 7,587
hundred dollars or less. 7,588
The sheriff of a county or chief of police of a municipal 7,590
corporation, township, or township police district, within his 7,591
THE SHERIFF'S OR CHIEF'S respective territorial jurisdiction, or 7,592
a state highway patrol trooper, upon notification to the sheriff 7,593
or chief of police of such action, shall order any abandoned junk 7,594
motor vehicle to be photographed by a law enforcement officer. 7,595
The officer shall record the make of motor vehicle, the serial 7,596
number when available, and shall also detail the damage or 7,597
missing equipment to substantiate the value of four ONE THOUSAND 7,598
FIVE hundred dollars or less. The sheriff or chief of police 7,599
shall thereupon immediately dispose of the abandoned junk motor 7,600
vehicle to a motor vehicle salvage dealer as defined in section 7,601
4738.01 of the Revised Code or a scrap metal processing facility 7,602
as defined in section 4737.05 of the Revised Code which is under 7,603
contract to the county, township, or municipal corporation, or to 7,604
any other facility owned by or under contract with the county, 7,605
township, or municipal corporation for the destruction of such 7,606
motor vehicles. The records and photograph relating to the 7,607
abandoned junk motor vehicle shall be retained by the law 7,608
enforcement agency ordering the disposition of such vehicle for a 7,609
period of at least two years. The law enforcement agency shall 7,610
execute in quadruplicate an affidavit, as prescribed by the 7,611
187
registrar of motor vehicles, describing the motor vehicle and the 7,612
manner in which it was disposed of, and that all requirements of 7,613
this section have been complied with, and shall sign and file the 7,614
same with the clerk of courts of the county in which the motor 7,615
vehicle was abandoned. The clerk of courts shall retain the 7,616
original of the affidavit for his THE CLERK'S files, shall 7,617
furnish one copy thereof to the registrar, one copy to the motor 7,618
vehicle salvage dealer or other facility handling the disposal of 7,619
the vehicle, and one copy to the law enforcement agency ordering 7,620
the disposal, who shall file such copy with the records and 7,621
photograph relating to the disposal. Any moneys arising from the 7,622
disposal of an abandoned junk motor vehicle shall be deposited in 7,623
the general fund of the county, township, or the municipal 7,624
corporation, as the case may be.
Notwithstanding section 4513.61 of the Revised Code, any 7,626
motor vehicle meeting the requirements of divisions (C), (D), and 7,627
(E) of this section which has remained unclaimed by the owner or 7,628
lienholder for a period of ten days or longer following 7,629
notification as provided in section 4513.61 of the Revised Code 7,630
may be disposed of as provided in this section. 7,631
Section 2. That existing sections 1905.01, 2919.22, 7,633
4501.01, 4501.021, 4501.15, 4503.10, 4503.103, 4503.12, 4503.19, 7,635
4503.27, 4503.301, 4503.31, 4503.311, 4503.312, 4503.33, 4503.84, 7,636
4505.07, 4505.08, 4506.01, 4506.08, 4506.14, 4507.01, 4507.02, 7,637
4507.021, 4507.022, 4507.08, 4507.09, 4507.10, 4507.13, 4507.14, 7,638
4507.16, 4507.162, 4507.163, 4507.169, 4507.50, 4507.52, 4509.06, 7,639
4509.31, 4511.191, 4511.193, 4511.195, 4511.196, 4511.99, 7,640
4513.61, and 4513.63 and section 4509.09 of the Revised Code are 7,641
hereby repealed.
Section 3. Section 4507.021 of the Revised Code is amended 7,643
by this act and also by Am. Sub. H.B. 438 of the 121st General 7,644
Assembly, effective July 1, 1997. The amendments of Am. Sub. 7,645
H.B. 438 are included in this act to confirm the intention to 7,646
retain them, but are not intended to be effective until July 1, 7,647
188
1997.
Section 4. (A) Section 2919.22 of the Revised Code is 7,649
presented in this act as a composite of the section as amended by 7,650
both Am. Sub. H.B. 353 and Am. Sub. S.B. 269 of the 121st General 7,651
Assembly, with the new language of neither of the acts shown in 7,653
capital letters. Sections 4503.10 and 4503.12 of the Revised 7,654
Code are presented in this act as a composite of the sections as 7,655
amended by both Am. Sub. H.B. 353 and Am. Sub. S.B. 121 of the 7,656
121st General Assembly, with the new language of neither of the 7,658
acts shown in capital letters. Section 4507.02 of the Revised 7,659
Code is presented in this act as a composite of the section as 7,660
amended by both Am. Sub. S.B. 20 and Am. Sub. H.B. 687 of the 7,661
120th General Assembly, with the new language of neither of the 7,663
acts shown in capital letters. Section 4507.16 of the Revised
Code is presented in this act as a composite of the section as 7,665
amended by Am. Sub. H.B. 353, Am. Sub. S.B. 166, Am. Sub. S.B. 7,666
269, and Am. Sub. H.B. 676 of the 121st General Assembly, with 7,667
the new language of none of the acts shown in capital letters. 7,668
Sections 4511.191, 4511.193, and 4511.195 of the Revised Code are 7,669
presented in this act as a composite of the sections as amended 7,670
by both Am. Sub. H.B. 353 and Am. Sub. S.B. 166 of the 121st 7,671
General Assembly, with the new language of none of the acts shown 7,673
in capital letters. This is in recognition of the principle 7,674
stated in division (B) of section 1.52 of the Revised Code that 7,675
such amendments are to be harmonized where not substantively 7,676
irreconcilable and constitutes a legislative finding that such is 7,677
the resulting version in effect prior to the effective date of 7,678
this act.
(B) Section 4507.021 of the Revised Code is presented in 7,680
this act as a composite of the section as amended by both Am. 7,681
Sub. H.B. 353 and Am. Sub. H.B. 438 of the 121st General 7,682
Assembly, with the new language of neither of the acts shown in 7,683
capital letters. This is in recognition of the principle stated 7,684
in division (B) of section 1.52 of the Revised Code that such 7,685
189
amendments are to be harmonized where not substantively 7,686
irreconcilable and constitutes a legislative finding that such is 7,687
the resulting version in effect on July 1, 1997. 7,688