As Reported by House Transportation and Public Safety Committee 1
123rd General Assembly 4
Regular Session H. B. No. 80 5
1999-2000 6
REPRESENTATIVES COUGHLIN-BRADING-GARDNER-HAINES-JERSE- 7
LUCAS-METZGER-OLMAN-PRINGLE-TERWILLEGER-ROMAN-CALVERT- 8
EVANS-DePIERO-KRUPINSKI-MEAD 9
_________________________________________________________________ 11
A B I L L
To amend sections 4503.233, 4507.164, 4511.193, and 13
4511.99 of the Revised Code to require the 14
criminal forfeiture to the state of the motor 15
vehicle a person was operating at the time the 16
person committed a third state or local OMVI 17
offense within a six-year period, rather than 18
the impoundment of the motor vehicle for 180 19
days.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 4503.233, 4507.164, 4511.193, and 23
4511.99 of the Revised Code be amended to read as follows: 24
Sec. 4503.233. (A)(1) As used in this section, "vehicle 34
owner" means either of the following: 35
(a) The person in whose name is registered, at the time of 37
the offense, a vehicle that is subject to an immobilization order 38
issued under division (A)(2) of this section; 39
(b) A person to whom, at the time of the offense, the 41
certificate of title to a vehicle has been assigned and who has 42
not obtained a certificate of title to the vehicle in that 43
person's name but who is deemed by the court as being the owner 44
of the vehicle at the time of the offense for which the vehicle
is subject to an immobilization and impoundment order issued 45
under division (A)(2) of this section. 46
(2) If a court is required to order the immobilization of 48
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a vehicle for a specified period of time pursuant to division 49
(B)(1) or (2), (C)(1) or (2), or (E)(1) of section 4507.99, 50
pursuant to division (A)(2)(b) or (3)(b) of section 4511.99, 51
pursuant to division (B)(1) or (2) or (C)(1) or (2) of section 52
4507.361, or pursuant to division (B)(2)(a) or (b) of section 53
4511.193 of the Revised Code, the court shall issue an 54
immobilization order, subject to section 4503.235 of the Revised 56
Code, in accordance with this division and for the period of time 57
specified in the particular division, and the immobilization
under the order shall be in accordance with this section. The 59
court, at the time of sentencing the offender for the offense 60
relative to which the immobilization order is issued or as soon 61
thereafter as is practicable, shall give a copy of the order to 62
the offender or the offender's counsel and to the vehicle owner 63
or the vehicle owner's counsel. The court promptly shall send a 64
copy of the order to the registrar on a form prescribed by the 65
registrar and to the person or agency it designates to execute
the order. 66
The order shall indicate the date on which it is issued, 68
shall identify the vehicle that is subject to the order, and 69
shall specify all of the following: 70
(a) The period of the immobilization; 72
(b) The place at which the court determines that the 74
immobilization shall be carried out, provided that the court 75
shall not determine and shall not specify that the immobilization 76
is to be carried out at any place other than a commercially 77
operated private storage lot, a place owned by a law enforcement 78
or other government agency, or a place to which one of the 79
following applies: 80
(i) The place is leased by or otherwise under the control 82
of a law enforcement or other government agency. 83
(ii) The place is owned by the offender, the offender's 85
spouse, or a parent or child of the offender. 86
(iii) The place is owned by a private person or entity, 88
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and, prior to the issuance of the order, the private entity or 89
person that owns the place, or the authorized agent of that 90
private entity or person, has given express written consent for 91
the immobilization to be carried out at that place. 92
(iv) The place is a public street or highway on which the 94
vehicle is parked in accordance with the law. 95
(c) The person or agency designated by the court to 97
execute the order, which shall be either the law enforcement 98
agency that employs the law enforcement officer who seized the 99
vehicle, a bailiff of the court, another person the court 100
determines to be appropriate to execute the order, or the law 101
enforcement agency with jurisdiction over the place of residence 102
of the vehicle owner; 103
(d) THAT NEITHER THE REGISTRAR NOR A DEPUTY REGISTRAR WILL 105
BE PERMITTED TO ACCEPT AN APPLICATION FOR THE LICENSE PLATE 106
REGISTRATION OF ANY MOTOR VEHICLE IN THE NAME OF THE VEHICLE 107
OWNER UNTIL THE IMMOBILIZATION FEE IS PAID. 108
(3) The person or agency the court designates to 110
immobilize the vehicle shall seize or retain that vehicle's 111
license plates and forward them to the bureau of motor vehicles. 112
(4) In all cases, the vehicle owner shall be assessed an 115
immobilization fee of one hundred dollars, and the immobilization 116
fee shall be paid to the registrar before the vehicle may be 117
released to the vehicle, and that neither the registrar nor a 118
deputy registrar will be permitted to accept an application for
the license plate registration of any motor vehicle in the name 119
of the vehicle owner until the immobilization fee is paid owner. 120
Neither the registrar nor a deputy registrar shall accept an 121
application for the registration of any motor vehicle in the name 122
of the vehicle owner until the immobilization fee is paid. 123
(5) If the vehicle subject to the order is immobilized 126
pursuant to the order and is found being operated upon any street 127
or highway in this state during the immobilization period, it 128
shall be seized, removed from the street or highway, and 129
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criminally forfeited and disposed of pursuant to section 4503.234 130
of the Revised Code.
the owner's 132
(6) The registrar shall deposit the immobilization fee 134
into the law enforcement reimbursement fund created by section 135
4501.19 of the Revised Code. Money in the fund shall be expended 136
only as provided in division (A)(6) of this section. If the 137
court designated in the order a court bailiff or another 138
appropriate person other than a law enforcement officer to 139
immobilize the vehicle, the amount of the fee deposited into the 140
law enforcement reimbursement fund shall be paid out to the 141
county treasury if the court that issued the order is a county 142
court, to the treasury of the municipal corporation served by the 143
court if the court that issued the order is a mayor's court, or 144
to the city treasury of the legislative authority of the court, 145
both as defined in section 1901.03 of the Revised Code, if the 146
court that issued the order is a municipal court. If the court 147
designated a law enforcement agency to immobilize the vehicle and 148
if the law enforcement agency immobilizes the vehicle, the amount 149
of the fee deposited into the law enforcement reimbursement fund 150
shall be paid out to the law enforcement agency to reimburse the 151
agency for the costs it incurs in obtaining immobilization 152
equipment and, if required, in sending an officer or other person 153
to search for and locate the vehicle specified in the 154
immobilization order and to immobilize the vehicle. 155
In addition to the immobilization fee required to be paid 157
under division (A)(4) of this section, the vehicle owner may be 159
charged expenses or charges incurred in the removal and storage
of the immobilized vehicle. 160
(B) If a court issues an immobilization order under 163
division (A)(2) of this section, the person or agency designated 164
by the court to execute the immobilization order promptly shall 165
immobilize or continue the immobilization of the vehicle at the 166
place specified by the court in the order. The registrar shall
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not authorize the release of the vehicle or authorize the 167
issuance of new identification license plates for the vehicle at 168
the end of the immobilization period the owner's until the 169
immobilization fee has been paid. 170
the owner's 172
(C) Upon receipt of the license plates for a vehicle under 174
this section, the registrar the registrar's shall destroy the 175
license plates. At the end of the immobilization period and upon 176
the payment of the immobilization fee that must be paid under 177
this section, the registrar shall authorize the release of the 178
vehicle and authorize the issuance, upon the payment of the same 179
fee as is required for the replacement of lost, mutilated, or 180
destroyed license plates and certificates of registration, of new 182
license plates and, if necessary, a new certificate of 183
registration to the vehicle owner for the vehicle in question. 184
(D)(1) If a court issues an immobilization order under 186
division (A) of this section, the immobilization period commences 188
on the day on which the vehicle in question is immobilized the 189
owner. If the vehicle in question had been seized under section 190
4507.38 or 4511.195 of the Revised Code, the time between the 191
seizure and the beginning of the immobilization period shall be 192
credited against the immobilization period specified in the 194
immobilization order issued under division (A) of this section. 195
No vehicle that is impounded under this section is eligible to 196
have special license plates of the type described in section 197
4503.231 of the Revised Code issued for that vehicle.
(2) If a court issues an immobilization order under 199
division (A) of this section, if the vehicle subject to the order 201
is immobilized under the order, and if the vehicle is found being 202
operated upon any street or highway of this state during the 203
immobilization period, it shall be seized, removed from the 204
street or highway, and criminally forfeited, and disposed of 205
pursuant to section 4503.234 of the Revised Code. No vehicle 206
that is forfeited under this provision shall be considered 207
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contraband for purposes of section 2933.41, 2933.42, or 2933.43 208
of the Revised Code, but shall be held by the law enforcement 209
agency that employs the officer who seized it for disposal in 210
accordance with section 4503.234 of the Revised Code. 211
(3) If a court issues an immobilization order under 213
division (A) of this section, and if the vehicle is not claimed 215
within seven days after the end of the period of immobilization 216
or if the vehicle owner the owner's has not paid the
immobilization fee, the person or agency that immobilized the 218
vehicle shall send a written notice to the vehicle owner at the 219
vehicle owner's last known address informing the vehicle owner of 220
the date on which the period of immobilization ended, that the 221
owner the owner's the vehicle owner has twenty days after the 222
date of the notice to pay the immobilization fee and obtain the 224
release of the vehicle, and that if the owner the owner's the 225
vehicle owner does not pay the fee and obtain the release of the 226
vehicle within that twenty-day period, the vehicle will be 227
forfeited under section 4503.234 of the Revised Code to the 228
entity that is entitled to the immobilization fee.
(4) An owner of a motor vehicle that is subject to an 230
immobilization order issued under division (A) of this section 232
shall not sell the motor vehicle without approval of the court 233
that issued the order. If such an owner wishes to sell such a 234
the motor vehicle during the immobilization period, the owner 235
shall apply to the court that issued the immobilization order for 236
permission to assign the title to the vehicle. If the court is 238
satisfied that the sale will be in good faith and not for the
purpose of circumventing the provisions of division (A)(2) of 239
this section, it may certify its consent to the owner and to the 240
registrar. Upon receipt of the court's consent, the registrar 241
shall enter the court's notice in the owner's vehicle license 242
plate registration record.
If, during a period of immobilization under an 244
immobilization order issued under division (A) of this section, 246
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the title to the immobilized motor vehicle is transferred by the 247
foreclosure of a chattel mortgage, a sale upon execution, the 248
cancellation of a conditional sales contract, or an order of a 249
court, the involved court shall notify the registrar of the 250
action, and the registrar shall enter the court's notice in the 251
owner's vehicle license plate registration record. 252
Nothing in this section shall be construed as requiring the 254
registrar or the clerk of the court of common pleas to note upon 255
the certificate of title records any prohibition regarding the 256
sale of a motor vehicle.
(5) If the title to a motor vehicle that is subject to an 258
immobilization order under division (A) of this section is 260
assigned or transferred without court approval between the time 261
of arrest of the person who was operating the vehicle at the time 262
of the offense for which such an order is to be issued and the 263
time of the actual immobilization of the vehicle, the court shall 264
order that, for a period of two years from the date of the order, 265
neither the registrar nor any deputy registrar shall accept an 266
application for the registration of any motor vehicle in the name 267
of the owner of the vehicle that was assigned or transferred 268
without court approval. The court shall notify the registrar of 269
the order on a form prescribed by the registrar for that purpose. 270
(E)(1) The court with jurisdiction over the case, after 272
notice to all interested parties including lienholders, and after 273
an opportunity for them to be heard, if the vehicle owner fails 274
to appear in person, without good cause, or if the court finds 275
that the vehicle owner does not intend to seek release of the 276
vehicle at the end of the period of immobilization or that the 277
vehicle owner is not or will not be able to pay the expenses and 278
charges incurred in its removal and storage, may order that title 279
to the vehicle be transferred, in order of priority, first into 280
the name of the entity entitled to the immobilization fee under 281
division (A)(6) of this section, next into the name of a 282
lienholder, or lastly, into the name of the owner of the place of 283
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storage. 284
A lienholder that receives title under a court order shall 287
do so on the condition that it pay any expenses or charges 288
incurred in the vehicle's removal and storage. If the entity
that receives title to the vehicle is the entity that is entitled 289
to the immobilization fee under division (A)(6) of this section, 290
it shall receive title on the condition that it pay any lien on 291
the vehicle. The court shall not order that title be transferred 292
to any person or entity other than the owner of the place of 293
storage if the person or entity refuses to receive the title. 294
Any person or entity that receives title may either keep title to 295
the vehicle or may dispose of the vehicle in any legal manner 296
that it considers appropriate, including assignment of the 297
certificate of title to the motor vehicle to a salvage dealer or 298
a scrap metal processing facility. The person or entity shall 299
not transfer the vehicle to the person who is the vehicle's 300
immediate previous owner. 301
If the person or entity assigns the motor vehicle to a 303
salvage dealer or scrap metal processing facility, the person or 305
entity shall send the assigned certificate of title to the motor 306
vehicle to the clerk of the court of common pleas of the county 307
in which the salvage dealer or scrap metal processing facility is 308
located. The person or entity shall mark the face of the
certificate of title with the words "FOR DESTRUCTION" and shall 309
deliver a photocopy of the certificate of title to the salvage 310
dealer or scrap metal processing facility for its records. 311
(2) Whenever a court issues an order under division (E)(1) 313
of this section, the court also shall order removal of the 314
license plates from the vehicle and cause them to be sent to the 315
registrar if they have not already been sent to the registrar. 316
Thereafter, no further proceedings shall take place under this 317
section, but the vehicle owner remains liable for payment of the 318
immobilization fee described in division (A)(4) of this section 319
if an immobilization order previously had been issued by the 320
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court.
(3) Prior to initiating a proceeding under division (E)(1) 322
of this section, and upon payment of the fee under division (B) 323
of section 4505.14 of the Revised Code, any interested party may 324
cause a search to be made of the public records of the bureau of 325
motor vehicles or the clerk of the court of common pleas, to 326
ascertain the identity of any lienholder of the vehicle. The 327
initiating party shall furnish this information to the clerk of 328
the court with jurisdiction over the case, and the clerk shall 330
provide notice to the vehicle owner, the defendant, any 331
lienholder, and any other interested parties listed by the 332
initiating party, at the last known address supplied by the 333
initiating party, by certified mail or, at the option of the 334
initiating party, by personal service or ordinary mail. 335
As used in this section, "interested party" includes the 337
vehicle owner, all lienholders, the defendant, the owner of the 338
place of storage, the person or entity that caused the vehicle to 339
be removed, and the person or entity, if any, entitled to the 340
immobilization fee under division (A)(6) of this section. 341
Sec. 4507.164. (A) Except as provided in divisions (C) to 350
(E) of this section, when the license of any person is suspended 351
or revoked pursuant to any provision of the Revised Code other 352
than division (B) of section 4507.16 of the Revised Code, the 353
trial judge may impound the identification license plates of any 354
motor vehicle registered in the name of the person. 355
(B)(1) When the license of any person is suspended or 357
revoked pursuant to division (B)(1) of section 4507.16 of the 358
Revised Code, the trial judge of the court of record or the mayor 359
of the mayor's court that suspended or revoked the license may 360
impound the identification license plates of any motor vehicle 361
registered in the name of the person. 362
(2) When the license of any person is suspended or revoked 364
pursuant to division (B)(2) or (3) of section 4507.16 of the 365
Revised Code, the trial judge of the court of record that 366
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suspended or revoked the license shall order the impoundment of 367
the identification license plates of the motor vehicle the 368
offender was operating at the time of the offense and the 369
immobilization of that vehicle in accordance with section 370
4503.233 and division (A)(2) or (3) of section 4511.99 or 371
division (B)(2)(a) or (b) of section 4511.193 of the Revised Code 372
and may impound the identification license plates of any other 373
motor vehicle registered in the name of the person whose license 374
is suspended or revoked. 375
(3) When the license of any person is suspended or revoked 377
pursuant to division (B)(3) OR (4) of section 4507.16 of the 378
Revised Code, the trial judge of the court of record that 380
suspended or revoked the license shall order the criminal 381
forfeiture to the state of the motor vehicle the offender was 382
operating at the time of the offense in accordance with section 383
4503.234 and division (A)(3) OR (4) of section 4511.99 or 384
division (B)(2)(c)(b) of section 4511.193 of the Revised Code and 386
may impound the identification license plates of any other motor 387
vehicle registered in the name of the person whose license is 388
suspended or revoked.
(C)(1) When a person is convicted of or pleads guilty to a 390
violation of division (D)(2) of section 4507.02 of the Revised 391
Code or a substantially equivalent municipal ordinance and 392
division (B)(1) or (2) of section 4507.99 or division (C)(1) or 393
(2) of section 4507.36 of the Revised Code applies, the trial 394
judge of the court of record or the mayor of the mayor's court 395
that imposes sentence shall order the immobilization of the 396
vehicle the person was operating at the time of the offense and 397
the impoundment of its identification license plates in 398
accordance with section 4503.233 and division (B)(1) or (2) of 399
section 4507.99 or division (C)(1) or (2) of section 4507.361 of 400
the Revised Code and may impound the identification license 401
plates of any other vehicle registered in the name of that 402
person. 403
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(2) When a person is convicted of or pleads guilty to a 405
violation of division (D)(2) of section 4507.02 of the Revised 406
Code or a substantially equivalent municipal ordinance and 407
division (B)(3) of section 4507.99 or division (C)(3) of section 408
4507.361 of the Revised Code applies, the trial judge of the 409
court of record that imposes sentence shall order the criminal 410
forfeiture to the state of the vehicle the person was operating 411
at the time of the offense in accordance with section 4503.234 412
and division (B)(3) of section 4507.99 or division (C)(3) of 413
section 4507.361 of the Revised Code and may impound the 414
identification license plates of any other vehicle registered in 415
the name of that person. 416
(D)(1) When a person is convicted of or pleads guilty to a 418
violation of division (B)(1) of section 4507.02 of the Revised 419
Code or a substantially equivalent municipal ordinance and 420
division (C)(1) or (2) of section 4507.99 or division (B)(1) or 421
(2) of section 4507.361 of the Revised Code applies, the trial 422
judge of the court of record or the mayor of the mayor's court 423
that imposes sentence shall order the immobilization of the 424
vehicle the person was operating at the time of the offense and 425
the impoundment of its identification license plates in 426
accordance with section 4503.233 and division (C)(1) or (2) of 427
section 4507.99 or division (B)(1) or (2) of section 4507.361 of 428
the Revised Code and may impound the identification license 429
plates of any other vehicle registered in the name of that 430
person. 431
(2) When a person is convicted of or pleads guilty to a 433
violation of division (B)(1) of section 4507.02 of the Revised 434
Code or a substantially equivalent municipal ordinance and 435
division (C)(3) of section 4507.99 or division (B)(3) of section 436
4507.361 of the Revised Code applies, the trial judge of the 437
court of RECORD that imposes sentence shall order the criminal 438
forfeiture to the state of the vehicle the person was operating 439
at the time of the offense in accordance with section 4503.234 440
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and division (C)(3) of section 4507.99 or division (B)(3) of 441
section 4507.361 of the Revised Code and may impound the 442
identification license plates of any other vehicle registered in 443
the name of that person. 444
(E)(1) When a person is convicted of or pleads guilty to a 446
violation of section 4507.33 of the Revised Code and the person 447
is sentenced pursuant to division (E)(1) of section 4507.99 of 448
the Revised Code, the trial judge of the court of record or the 449
mayor of the mayor's court that imposes sentence shall order the 450
immobilization of the vehicle that was involved in the commission 451
of the offense and the impoundment of its identification license 452
plates in accordance with division (E)(1) of section 4507.99 and 453
section 4503.233 of the Revised Code and may impound the 454
identification license plates of any other vehicle registered in 455
the name of that person. 456
(2) When a person is convicted of or pleads guilty to a 458
violation of section 4507.33 of the Revised Code and the person 459
is sentenced pursuant to division (E)(2) of section 4507.99 of 460
the Revised Code, the trial judge of the court of record or the 461
mayor of the mayor's court that imposes sentence shall order the 462
criminal forfeiture to the state of the vehicle that was involved 463
in the commission of the offense in accordance with division 464
(E)(2) of section 4507.99 and section 4503.234 of the Revised 465
Code and may impound the identification license plates of any 466
other vehicle registered in the name of that person. 467
(F) Except as provided in section 4503.233 or 4503.234 of 469
the Revised Code, when the certificate of registration, the 470
identification license plates, or both have been impounded, 471
division (F) of section 4507.02 of the Revised Code is 472
applicable. 473
Sec. 4511.193. (A) Twenty-five dollars of any fine 482
imposed for a violation of a municipal ordinance relating to 483
operating a vehicle while under the influence of alcohol, a drug 484
of abuse, or alcohol and a drug of abuse or relating to operating 485
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a vehicle with a prohibited concentration of alcohol in the 486
blood, breath, or urine shall be deposited into the municipal or 487
county indigent drivers alcohol treatment fund created pursuant 488
to division (N) of section 4511.191 of the Revised Code in 489
accordance with this section and section 733.40, divisions (A) 490
and (B) of section 1901.024, division (F) of section 1901.31, or 491
division (C) of section 1907.20 of the Revised Code. Regardless 492
of whether the fine is imposed by a municipal court, a mayor's 493
court, or a juvenile court, if the fine was imposed for a 494
violation of an ordinance of a municipal corporation that is 495
within the jurisdiction of a municipal court, the twenty-five 496
dollars that is subject to this section shall be deposited into 497
the indigent drivers alcohol treatment fund of the municipal 498
corporation in which is located the municipal court that has 499
jurisdiction over that municipal corporation. Regardless of 500
whether the fine is imposed by a county court, a mayor's court, 501
or a juvenile court, if the fine was imposed for a violation of 502
an ordinance of a municipal corporation that is within the 503
jurisdiction of a county court, the twenty-five dollars that is 504
subject to this section shall be deposited into the indigent 505
drivers alcohol treatment fund of the county in which is located 506
the county court that has jurisdiction over that municipal 507
corporation. The deposit shall be made in accordance with 508
section 733.40, divisions (A) and (B) of section 1901.024, 509
division (F) of section 1901.31, or division (C) of section 510
1907.20 of the Revised Code. 511
(B)(1) The requirements and sanctions imposed by divisions 513
(B)(1) and (2) of this section are an adjunct to and derive from 514
the state's exclusive authority over the registration and titling 515
of motor vehicles and do not comprise a part of the criminal 516
sentence to be imposed upon a person who violates a municipal 517
ordinance relating to operating a vehicle while under the 518
influence of alcohol, a drug of abuse, or alcohol and a drug of 519
abuse or relating to operating a vehicle with a prohibited 520
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concentration of alcohol in the blood, breath, or urine. 521
(2) If a person is convicted of or pleads guilty to a 523
municipal ordinance relating to operating a vehicle while under 524
the influence of alcohol, a drug of abuse, or alcohol and a drug 525
of abuse or relating to operating a vehicle with a prohibited 526
concentration of alcohol in the blood, breath, or urine and if, 527
within the period of time specified in division (B)(2)(a), OR 529
(b), or (c) of this section, the offender has been convicted of 531
or pleaded guilty to any violation of section 4511.19 of the 532
Revised Code, a municipal ordinance relating to operating a 533
vehicle while under the influence of alcohol, a drug of abuse, or 534
alcohol and a drug of abuse, a municipal ordinance relating to 535
operating a vehicle with a prohibited concentration of alcohol in 536
the blood, breath, or urine, section 2903.04 of the Revised Code 537
in a case in which the offender was subject to the sanctions 538
described in division (D) of that section, section 2903.06, 539
2903.07, or 2903.08 of the Revised Code, or a municipal ordinance 540
that is substantially similar to section 2903.07 of the Revised 541
Code in a case in which the jury or judge found that the offender 542
was under the influence of alcohol, a drug of abuse, or alcohol 543
and a drug of abuse, a statute of the United States or of any 544
other state or a municipal ordinance of a municipal corporation 545
located in any other state that is substantially similar to 546
division (A) or (B) of section 4511.19 of the Revised Code, or if 547
the other circumstances described in division (B)(2)(c)(b) of 548
this section apply, the court, in addition to and independent of 550
any sentence that it imposes upon the offender for the offense, 551
regardless of whether the vehicle the offender was operating at 552
the time of the offense is registered in the offender's name or
in the name of another person, and subject to section 4503.235 of 553
the Revised Code, shall do whichever of the following is 554
applicable: 555
(a) Except as otherwise provided in division (B)(2)(c)(b) 558
of this section, if, within six years of the current offense, the 559
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offender has been convicted of or pleaded guilty to one violation 560
described in division (B)(2) of this section, the court shall 561
order the immobilization for ninety days of the vehicle the 562
offender was operating at the time of the offense and the 563
impoundment for ninety days of the license plates of that 565
vehicle. The order for the immobilization and impoundment shall 566
be issued and enforced in accordance with section 4503.233 of the 567
Revised Code.
(b) Except as otherwise provided in division (B)(2)(c) of 570
this section, if, within six years of the current offense, the 571
offender has been convicted of or pleaded guilty to two 572
violations described in division (B)(2) of this section, the 573
court shall order the immobilization for one hundred eighty days 574
of the vehicle the offender was operating at the time of the 575
offense and the impoundment for one hundred eighty days of the 576
license plates of that vehicle. The order for the immobilization 578
and impoundment shall be issued and enforced in accordance with 579
section 4503.233 of the Revised Code.
(c) If, within six years of the current offense, the 581
offender has been convicted of or pleaded guilty to three TWO or 582
more violations described in division (B)(2) of this section, or 584
if the offender previously has been convicted of or pleaded 585
guilty to a violation of division (A) of section 4511.19 of the 586
Revised Code under circumstances in which the violation was a 587
felony and regardless of when the violation and the conviction or 588
guilty plea occurred, the court shall order the criminal 589
forfeiture to the state of the vehicle the offender was operating 590
at the time of the offense. The order of criminal forfeiture 591
shall be issued and enforced in accordance with section 4503.234 592
of the Revised Code.
Sec. 4511.99. (A) Whoever violates division (A) of 601
section 4511.19 of the Revised Code, in addition to the license 602
suspension or revocation provided in section 4507.16 of the 603
Revised Code and any disqualification imposed under section 604
16
4506.16 of the Revised Code, shall be punished as provided in 605
division (A)(1), (2), (3), or (4) of this section. 606
(1) Except as otherwise provided in division (A)(2), (3), 608
or (4) of this section, the offender is guilty of a misdemeanor 609
of the first degree and the court shall sentence the offender to 610
a term of imprisonment of three consecutive days and may sentence 611
the offender pursuant to section 2929.21 of the Revised Code to a 612
longer term of imprisonment. In addition, the court shall impose 613
upon the offender a fine of not less than two hundred and not 614
more than one thousand dollars. 615
The court may suspend the execution of the mandatory three 617
consecutive days of imprisonment that it is required to impose by 618
this division, if the court, in lieu of the suspended term of 619
imprisonment, places the offender on probation and requires the 620
offender to attend, for three consecutive days, a drivers' 621
intervention program that is certified pursuant to section 622
3793.10 of the Revised Code. The court also may suspend the 623
execution of any part of the mandatory three consecutive days of 624
imprisonment that it is required to impose by this division, if 625
the court places the offender on probation for part of the three 626
consecutive days; requires the offender to attend, for that part 627
of the three consecutive days, a drivers' intervention program 628
that is certified pursuant to section 3793.10 of the Revised 629
Code; and sentences the offender to a term of imprisonment equal 630
to the remainder of the three consecutive days that the offender 631
does not spend attending the drivers' intervention program. The 632
court may require the offender, as a condition of probation, to 633
attend and satisfactorily complete any treatment or education 634
programs that comply with the minimum standards adopted pursuant 635
to Chapter 3793. of the Revised Code by the director of alcohol 636
and drug addiction services, in addition to the required 637
attendance at a drivers' intervention program, that the operators 638
of the drivers' intervention program determine that the offender 639
should attend and to report periodically to the court on the 640
17
offender's progress in the programs. The court also may impose 641
any other conditions of probation on the offender that it 642
considers necessary. 643
Of the fine imposed pursuant to this division, twenty-five 645
dollars shall be paid to an enforcement and education fund 646
established by the legislative authority of the law enforcement 647
agency in this state that primarily was responsible for the 648
arrest of the offender, as determined by the court that imposes 649
the fine. This share shall be used by the agency to pay only 650
those costs it incurs in enforcing section 4511.19 of the Revised 651
Code or a substantially similar municipal ordinance and in 652
informing the public of the laws governing the operation of a 653
motor vehicle while under the influence of alcohol, the dangers 654
of operating a motor vehicle while under the influence of 655
alcohol, and other information relating to the operation of a 656
motor vehicle and the consumption of alcoholic beverages. 657
Twenty-five dollars of the fine imposed pursuant to this division 658
shall be deposited into the county indigent drivers alcohol 659
treatment fund or municipal indigent drivers alcohol treatment 660
fund under the control of that court, as created by the county or 661
municipal corporation pursuant to division (N) of section 662
4511.191 of the Revised Code. The balance of the fine shall be 663
disbursed as otherwise provided by law. 664
(2)(a) Except as otherwise provided in division (A)(4) of 667
this section, if, within six years of the offense, the offender 668
has been convicted of or pleaded guilty to one violation of 669
division (A) or (B) of section 4511.19 of the Revised Code, a 670
municipal ordinance relating to operating a vehicle while under 671
the influence of alcohol, a drug of abuse, or alcohol and a drug 672
of abuse, a municipal ordinance relating to operating a vehicle 673
with a prohibited concentration of alcohol in the blood, breath, 674
or urine, section 2903.04 of the Revised Code in a case in which 675
the offender was subject to the sanctions described in division 676
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 678
18
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 679
the jury or judge found that the offender was under the influence 680
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 681
statute of the United States or of any other state or a municipal 683
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 684
4511.19 of the Revised Code, the offender is guilty of a 685
misdemeanor of the first degree and, except as provided in this 686
division, the court shall sentence the offender to a term of 687
imprisonment of ten consecutive days and may sentence the 688
offender pursuant to section 2929.21 of the Revised Code to a 689
longer term of imprisonment. As an alternative to the term of 690
imprisonment required to be imposed by this division, but subject 691
to division (A)(8) of this section, the court may impose upon the 692
offender a sentence consisting of both a term of imprisonment of 693
five consecutive days and not less than eighteen consecutive days 694
of electronically monitored house arrest as defined in division 695
(A) of section 2929.23 of the Revised Code. The five consecutive 696
days of imprisonment and the period of electronically monitored 697
house arrest shall not exceed six months. The five consecutive 698
days of imprisonment do not have to be served prior to or 699
consecutively with the period of electronically monitored house 700
arrest.
In addition, the court shall impose upon the offender a 702
fine of not less than three hundred and not more than one 703
thousand five hundred dollars. 704
In addition to any other sentence that it imposes upon the 706
offender, the court may require the offender to attend a drivers' 707
intervention program that is certified pursuant to section 708
3793.10 of the Revised Code. If the officials of the drivers' 709
intervention program determine that the offender is alcohol 710
dependent, they shall notify the court, and the court shall order 711
the offender to obtain treatment through an alcohol and drug 712
19
addiction program authorized by section 3793.02 of the Revised 713
Code. The cost of the treatment shall be paid by the offender. 714
Of the fine imposed pursuant to this division, thirty-five 716
dollars shall be paid to an enforcement and education fund 717
established by the legislative authority of the law enforcement 718
agency in this state that primarily was responsible for the 719
arrest of the offender, as determined by the court that imposes 720
the fine. This share shall be used by the agency to pay only 721
those costs it incurs in enforcing division (A) of section 722
4511.19 of the Revised Code or a substantially similar municipal 723
ordinance and in informing the public of the laws governing the 724
operation of a motor vehicle while under the influence of 725
alcohol, the dangers of operating a motor vehicle while under the 726
influence of alcohol, and other information relating to the 727
operation of a motor vehicle and the consumption of alcoholic 728
beverages. Sixty-five dollars of the fine imposed pursuant to 729
this division shall be paid to the political subdivision 730
responsible for housing the offender during the offender's term 732
of incarceration. This share shall be used by the political 733
subdivision to pay or reimburse incarceration costs it incurs in 734
housing persons who violate section 4511.19 of the Revised Code 735
or a substantially similar municipal ordinance and to pay for 736
ignition interlock devices and electronic house arrest equipment 737
for persons who violate that section, and shall be paid to the 738
credit of the fund that pays the cost of the incarceration. 739
Fifty dollars of the fine imposed pursuant to this division shall 740
be deposited into the county indigent drivers alcohol treatment 741
fund or municipal indigent drivers alcohol treatment fund under 742
the control of that court, as created by the county or municipal 743
corporation pursuant to division (N) of section 4511.191 of the 744
Revised Code. The balance of the fine shall be disbursed as 745
otherwise provided by law. 746
(b) Regardless of whether the vehicle the offender was 748
operating at the time of the offense is registered in the 749
20
offender's name or in the name of another person, the court, in 751
addition to the penalties imposed under division (A)(2)(a) of 752
this section and all other penalties provided by law and subject 753
to section 4503.235 of the Revised Code, shall order the 754
immobilization for ninety days of the vehicle the offender was 755
operating at the time of the offense and the impoundment for 756
ninety days of the identification license plates of that vehicle. 757
The order for the immobilization and impoundment shall be issued 758
and enforced in accordance with section 4503.233 of the Revised 759
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 762
this section, if, within six years of the offense, the offender 763
has been convicted of or pleaded guilty to two violations of 764
division (A) or (B) of section 4511.19 of the Revised Code, a 765
municipal ordinance relating to operating a vehicle while under 766
the influence of alcohol, a drug of abuse, or alcohol and a drug 767
of abuse, a municipal ordinance relating to operating a vehicle 768
with a prohibited concentration of alcohol in the blood, breath, 769
or urine, section 2903.04 of the Revised Code in a case in which 770
the offender was subject to the sanctions described in division 771
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 773
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 774
the jury or judge found that the offender was under the influence 775
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 777
statute of the United States or of any other state or a municipal 778
ordinance of a municipal corporation located in any other state 779
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, except as provided in this division, 780
the court shall sentence the offender to a term of imprisonment 781
of thirty consecutive days and may sentence the offender to a 782
longer definite term of imprisonment of not more than one year. 783
As an alternative to the term of imprisonment required to be 784
imposed by this division, but subject to division (A)(8) of this 785
21
section, the court may impose upon the offender a sentence 786
consisting of both a term of imprisonment of fifteen consecutive 787
days and not less than fifty-five consecutive days of 788
electronically monitored house arrest as defined in division (A) 789
of section 2929.23 of the Revised Code. The fifteen consecutive 790
days of imprisonment and the period of electronically monitored 791
house arrest shall not exceed one year. The fifteen consecutive 792
days of imprisonment do not have to be served prior to or 793
consecutively with the period of electronically monitored house 794
arrest.
In addition, the court shall impose upon the offender a 796
fine of not less than five hundred and not more than two thousand 797
five hundred dollars. 798
In addition to any other sentence that it imposes upon the 800
offender, the court shall require the offender to attend an 801
alcohol and drug addiction program authorized by section 3793.02 802
of the Revised Code. The cost of the treatment shall be paid by 803
the offender. If the court determines that the offender is 804
unable to pay the cost of attendance at the treatment program, 806
the court may order that payment of the cost of the offender's 807
attendance at the treatment program be made from that court's 808
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 810
twenty-three dollars shall be paid to an enforcement and 811
education fund established by the legislative authority of the 812
law enforcement agency in this state that primarily was 813
responsible for the arrest of the offender, as determined by the 814
court that imposes the fine. This share shall be used by the 815
agency to pay only those costs it incurs in enforcing section 816
4511.19 of the Revised Code or a substantially similar municipal 817
ordinance and in informing the public of the laws governing the 818
operation of a motor vehicle while under the influence of 819
alcohol, the dangers of operating a motor vehicle while under the 820
influence of alcohol, and other information relating to the 821
22
operation of a motor vehicle and the consumption of alcoholic 822
beverages. Two hundred twenty-seven dollars of the fine imposed 823
pursuant to this division shall be paid to the political 824
subdivision responsible for housing the offender during the 825
offender's term of incarceration. This share shall be used by 827
the political subdivision to pay or reimburse incarceration costs 828
it incurs in housing persons who violate division (A) of section 829
4511.19 of the Revised Code or a substantially similar municipal 830
ordinance and to pay for ignition interlock devices and 831
electronic house arrest equipment for persons who violate that 832
section and shall be paid to the credit of the fund that pays the 833
cost of incarceration. The balance of the fine shall be 834
disbursed as otherwise provided by law. 835
(b) Regardless of whether the vehicle the offender was 837
operating at the time of the offense is registered in the 838
offender's name or in the name of another person, the court, in 840
addition to the penalties imposed under division (A)(3)(a) of 841
this section and all other penalties provided by law and subject 842
to section 4503.235 of the Revised Code, shall order the 843
immobilization for one hundred eighty days CRIMINAL FORFEITURE TO 844
THE STATE of the vehicle the offender was operating at the time 846
of the offense and the impoundment for one hundred eighty days of 847
the identification license plates of that vehicle. The order for 848
the immobilization and impoundment OF CRIMINAL FORFEITURE shall 849
be issued and enforced in accordance with section 4503.233 850
4503.234 of the Revised Code. 851
(4)(a) If, within six years of the offense, the offender 853
has been convicted of or pleaded guilty to three or more 854
violations of division (A) or (B) of section 4511.19 of the 855
Revised Code, a municipal ordinance relating to operating a 856
vehicle while under the influence of alcohol, a drug of abuse, or 857
alcohol and a drug of abuse, a municipal ordinance relating to 858
operating a vehicle with a prohibited concentration of alcohol in 859
the blood, breath, or urine, section 2903.04 of the Revised Code 860
23
in a case in which the offender was subject to the sanctions 861
described in division (D) of that section, section 2903.06, 862
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 863
that is substantially similar to section 2903.07 of the Revised 864
Code in a case in which the jury or judge found that the offender 865
was under the influence of alcohol, a drug of abuse, or alcohol 866
and a drug of abuse, or a statute of the United States or of any 868
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to 869
division (A) or (B) of section 4511.19 of the Revised Code, or if 870
the offender previously has been convicted of or pleaded guilty 871
to a violation of division (A) of section 4511.19 of the Revised 872
Code under circumstances in which the violation was a felony and 873
regardless of when the violation and the conviction or guilty 874
plea occurred, the offender is guilty of a felony of the fourth 875
degree. The court shall sentence the offender in accordance with 876
sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration 877
of sixty consecutive days of imprisonment in accordance with 878
division (G)(1) of section 2929.13 of the Revised Code or a 879
mandatory prison term of sixty consecutive days of imprisonment 880
in accordance with division (G)(2) of that section, whichever is 881
applicable. If the offender is required to serve a mandatory 882
term of local incarceration of sixty consecutive days of 883
imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 884
2929.17 of the Revised Code, may impose upon the offender a 886
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house 887
arrest shall not commence until after the offender has served the 888
mandatory term of local incarceration. 889
In addition to all other sanctions imposed, the court shall 891
impose upon the offender, pursuant to section 2929.18 of the 892
Revised Code, a fine of not less than seven hundred fifty nor 893
24
more than ten thousand dollars. 894
In addition to any other sanction that it imposes upon the 897
offender, the court shall require the offender to attend an 899
alcohol and drug addiction program authorized by section 3793.02 900
of the Revised Code. The cost of the treatment shall be paid by 901
the offender. If the court determines that the offender is 902
unable to pay the cost of attendance at the treatment program, 903
the court may order that payment of the cost of the offender's 904
attendance at the treatment program be made from the court's 905
indigent drivers alcohol treatment fund. 906
Of the fine imposed pursuant to this division, two hundred 908
ten dollars shall be paid to an enforcement and education fund 909
established by the legislative authority of the law enforcement 910
agency in this state that primarily was responsible for the 911
arrest of the offender, as determined by the court that imposes 912
the fine. This share shall be used by the agency to pay only 913
those costs it incurs in enforcing section 4511.19 of the Revised 914
Code or a substantially similar municipal ordinance and in 915
informing the public of the laws governing operation of a motor 916
vehicle while under the influence of alcohol, the dangers of 917
operation of a motor vehicle while under the influence of 918
alcohol, and other information relating to the operation of a 919
motor vehicle and the consumption of alcoholic beverages. Three 920
hundred ninety dollars of the fine imposed pursuant to this 921
division shall be paid to the political subdivision responsible 922
for housing the offender during the offender's term of 923
incarceration. This share shall be used by the political 925
subdivision to pay or reimburse incarceration costs it incurs in 926
housing persons who violate division (A) of section 4511.19 of 927
the Revised Code or a substantially similar municipal ordinance 928
and to pay for ignition interlock devices and electronic house 929
arrest equipment for persons who violate that section, and shall 930
be paid to the credit of the fund that pays the cost of 931
incarceration. The balance of the fine shall be disbursed as 932
25
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 934
operating at the time of the offense is registered in the 935
offender's name or in the name of another person, the court, in 937
addition to the sanctions imposed under division (A)(4)(a) of 938
this section and all other sanctions provided by law and subject 940
to section 4503.235 of the Revised Code, shall order the criminal 942
forfeiture to the state of the vehicle the offender was operating 943
at the time of the offense. The order of criminal forfeiture 944
shall be issued and enforced in accordance with section 4503.234 945
of the Revised Code. 946
(c) As used in division (A)(4)(a) of this section, 949
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 951
the Revised Code.
If title to a motor vehicle that is subject to an order for 953
criminal forfeiture under this section is assigned or transferred 954
and division (C)(2) or (3) of section 4503.234 of the Revised 955
Code applies, in addition to or independent of any other penalty 956
established by law, the court may fine the offender the value of 957
the vehicle as determined by publications of the national auto 958
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 959
(D)(4) of section 4503.234 of the Revised Code. 960
(5)(a) Except as provided in division (A)(5)(b) of this 962
section, upon a showing that imprisonment would seriously affect 963
the ability of an offender sentenced pursuant to division (A)(1), 964
(2), (3), or (4) of this section to continue the offender's 965
employment, the court may authorize that the offender be granted 967
work release from imprisonment after the offender has served the 968
three, ten, or thirty consecutive days of imprisonment or the 969
mandatory term of local incarceration of sixty consecutive days 970
that the court is required by division (A)(1), (2), (3), or (4) 972
of this section to impose. No court shall authorize work release 973
26
from imprisonment during the three, ten, or thirty consecutive 974
days of imprisonment or the mandatory term of local incarceration 975
or mandatory prison term of sixty consecutive days that the court 977
is required by division (A)(1), (2), (3), or (4) of this section 978
to impose. The duration of the work release shall not exceed the 979
time necessary each day for the offender to commute to and from 980
the place of employment and the place of imprisonment and the 981
time actually spent under employment. 982
(b) An offender who is sentenced pursuant to division 984
(A)(2) or (3) of this section to a term of imprisonment followed 985
by a period of electronically monitored house arrest is not 986
eligible for work release from imprisonment, but that person 987
shall be permitted work release during the period of 988
electronically monitored house arrest. The duration of the work 989
release shall not exceed the time necessary each day for the 990
offender to commute to and from the place of employment and the 991
offender's home or other place specified by the sentencing court 992
and the time actually spent under employment. 993
(6) Notwithstanding any section of the Revised Code that 995
authorizes the suspension of the imposition or execution of a 996
sentence, the placement of an offender in any treatment program 998
in lieu of imprisonment, or the use of a community control 999
sanction for an offender convicted of a felony, no court shall 1,000
suspend the ten or thirty consecutive days of imprisonment 1,001
required to be imposed on an offender by division (A)(2) or (3) 1,002
of this section, no court shall place an offender who is 1,003
sentenced pursuant to division (A)(2), (3), or (4) of this 1,004
section in any treatment program in lieu of imprisonment until 1,005
after the offender has served the ten or thirty consecutive days 1,006
of imprisonment or the mandatory term of local incarceration or 1,007
mandatory prison term of sixty consecutive days required to be 1,008
imposed pursuant to division (A)(2), (3), or (4) of this section, 1,009
no court that sentences an offender under division (A)(4) of this 1,010
section shall impose any sanction other than a mandatory term of 1,011
27
local incarceration or mandatory prison term to apply to the 1,012
offender until after the offender has served the mandatory term 1,013
of local incarceration or mandatory prison term of sixty 1,015
consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no court that imposes a sentence of 1,017
imprisonment and a period of electronically monitored house 1,018
arrest upon an offender under division (A)(2) or (3) of this 1,019
section shall suspend any portion of the sentence or place the 1,020
offender in any treatment program in lieu of imprisonment or 1,021
electronically monitored house arrest. Notwithstanding any 1,022
section of the Revised Code that authorizes the suspension of the 1,023
imposition or execution of a sentence or the placement of an 1,024
offender in any treatment program in lieu of imprisonment, no 1,025
court, except as specifically authorized by division (A)(1) of 1,026
this section, shall suspend the three consecutive days of 1,027
imprisonment required to be imposed by division (A)(1) of this 1,028
section or place an offender who is sentenced pursuant to 1,029
division (A)(1) of this section in any treatment program in lieu 1,030
of imprisonment until after the offender has served the three 1,031
consecutive days of imprisonment required to be imposed pursuant 1,032
to division (A)(1) of this section. 1,033
(7) No court shall sentence an offender to an alcohol 1,035
treatment program pursuant to division (A)(1), (2), (3), or (4) 1,036
of this section unless the treatment program complies with the 1,037
minimum standards adopted pursuant to Chapter 3793. of the 1,038
Revised Code by the director of alcohol and drug addiction 1,039
services. 1,040
(8) No court shall impose the alternative sentence of a 1,042
term of imprisonment of five consecutive days plus not less than 1,043
eighteen consecutive days of electronically monitored house 1,044
arrest permitted to be imposed by division (A)(2) of this 1,045
section, or the alternative sentence of a term of imprisonment of 1,046
fifteen consecutive days plus not less than fifty-five 1,047
consecutive days of electronically monitored house arrest 1,048
28
permitted to be imposed pursuant to division (A)(3) of this 1,049
section, unless within sixty days of the date of sentencing, the 1,050
court issues a written finding, entered into the record, that due 1,051
to the unavailability of space at the incarceration facility 1,052
where the offender is required to serve the term of imprisonment 1,053
imposed upon the offender, the offender will not be able to 1,054
commence serving the term of imprisonment within the sixty-day 1,056
period following the date of sentencing. If the court issues 1,057
such a finding, the court may impose the alternative sentence 1,058
comprised of a term of imprisonment and a term of electronically 1,059
monitored house arrest permitted to be imposed by division (A)(2) 1,060
or (3) of this section. 1,061
(B) Whoever violates section 4511.192, 4511.251, or 1,063
4511.85 of the Revised Code is guilty of a misdemeanor of the 1,064
first degree. The court, in addition to or independent of all 1,065
other penalties provided by law, may suspend for a period not to 1,066
exceed one year the driver's or commercial driver's license or 1,067
permit or nonresident operating privilege of any person who 1,068
pleads guilty to or is convicted of a violation of section 1,069
4511.192 of the Revised Code. 1,070
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 1,072
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 1,073
guilty of one of the following: 1,074
(1) Except as otherwise provided in division (C)(2) of 1,076
this section, a minor misdemeanor. 1,077
(2) If the offender previously has been convicted of or 1,080
pleaded guilty to one or more violations of section 4511.63, 1,081
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 1,082
Revised Code or a municipal ordinance that is substantially 1,083
similar to any of those sections, a misdemeanor of the fourth 1,086
degree.
(D)(1) Whoever violates any provision of sections 4511.01 1,088
to 4511.76 or section 4511.84 of the Revised Code, for which no 1,089
penalty otherwise is provided in this section is guilty of one of 1,090
29
the following: 1,091
(a) Except as otherwise provided in division (D)(1)(b), 1,094
(1)(c), (2), or (3) of this section, a minor misdemeanor; 1,095
(b) If, within one year of the offense, the offender 1,097
previously has been convicted of or pleaded guilty to one 1,099
violation of any provision of sections 4511.01 to 4511.76 or 1,101
section 4511.84 of the Revised Code for which no penalty 1,102
otherwise is provided in this section or a municipal ordinance 1,104
that is substantially similar to any provision of sections 1,105
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 1,106
which no penalty otherwise is provided in this section, a 1,107
misdemeanor of the fourth degree; 1,109
(c) If, within one year of the offense, the offender 1,111
previously has been convicted of or pleaded guilty to two or more 1,112
violations of any provision described in division (D)(1)(b) of 1,114
this section or any municipal ordinance that is substantially 1,115
similar to any of those provisions, a misdemeanor of the third 1,116
degree. 1,117
(2) When any person is found guilty of a first offense for 1,119
a violation of section 4511.21 of the Revised Code upon a finding 1,120
that the person operated a motor vehicle faster than thirty-five 1,122
miles an hour in a business district of a municipal corporation, 1,123
or faster than fifty miles an hour in other portions, or faster 1,124
than thirty-five miles an hour while passing through a school 1,125
zone during recess or while children are going to or leaving 1,126
school during the opening or closing hours, the person is guilty 1,127
of a misdemeanor of the fourth degree. 1,128
(3) Notwithstanding section 2929.21 of the Revised Code, 1,130
upon a finding that such person operated a motor vehicle in a 1,131
construction zone where a sign was then posted in accordance with 1,132
section 4511.98 of the Revised Code, the court, in addition to 1,133
all other penalties provided by law, shall impose a fine of two 1,134
times the usual amount imposed for the violation. No court shall 1,135
impose a fine of two times the usual amount imposed for the 1,136
30
violation upon an offender who alleges, in an affidavit filed 1,137
with the court prior to the offender's sentencing, that the 1,138
offender is indigent and is unable to pay the fine imposed 1,139
pursuant to this division, provided the court determines the 1,140
offender is an indigent person and is unable to pay the fine. 1,141
(E) Whenever a person is found guilty in a court of record 1,143
of a violation of section 4511.761, 4511.762, or 4511.77 of the 1,144
Revised Code, the trial judge, in addition to or independent of 1,145
all other penalties provided by law, may suspend for any period 1,146
of time not exceeding three years, or revoke the license of any 1,147
person, partnership, association, or corporation, issued under 1,148
section 4511.763 of the Revised Code. 1,149
(F) Whoever violates division (E) or (F) of section 1,151
4511.51, division (A), (D), or (E) of section 4511.521, section 1,152
4511.681, division (A), (C), or (F) of section 4511.69, section 1,153
4511.772, or division (A) or (B) of section 4511.82 of the 1,154
Revised Code is guilty of a minor misdemeanor. 1,155
(G) Whoever violates division (A) of section 4511.75 of 1,157
the Revised Code may be fined an amount not to exceed five 1,158
hundred dollars. A person who is issued a citation for a 1,159
violation of division (A) of section 4511.75 of the Revised Code 1,160
is not permitted to enter a written plea of guilty and waive the 1,161
person's right to contest the citation in a trial, but instead 1,162
must appear in person in the proper court to answer the charge. 1,163
(H)(1) Whoever is a resident of this state and violates 1,165
division (A) or (B) of section 4511.81 of the Revised Code shall 1,166
be punished as follows: 1,167
(a) Except as otherwise provided in division (H)(1)(b) of 1,169
this section, the offender is guilty of a minor misdemeanor. 1,171
(b) If the offender previously has been convicted of or 1,173
pleaded guilty to a violation of division (A) or (B) of section 1,174
4511.81 of the Revised Code or of a municipal ordinance that is 1,176
substantially similar to either of those divisions, the offender 1,177
is guilty of a misdemeanor of the fourth degree. 1,178
31
(2) Whoever is not a resident of this state, violates 1,180
division (A) or (B) of section 4511.81 of the Revised Code, and 1,181
fails to prove by a preponderance of the evidence that the 1,182
offender's use or nonuse of a child restraint system was in 1,183
accordance with the law of the state of which the offender is a 1,185
resident is guilty of a minor misdemeanor on a first offense; on 1,187
a second or subsequent offense, that person is guilty of a 1,188
misdemeanor of the fourth degree. 1,189
(3) Sixty-five per cent of every fine imposed pursuant to 1,191
division (H)(1) or (2) of this section shall be forwarded to the 1,192
treasurer of state for deposit in the "child highway safety fund" 1,193
created by division (G) of section 4511.81 of the Revised Code. 1,194
The balance of the fine shall be disbursed as otherwise provided 1,195
by law. 1,196
(I) Whoever violates section 4511.202 of the Revised Code 1,198
is guilty of operating a motor vehicle without being in control 1,199
of it, a minor misdemeanor. 1,200
(J) Whoever violates division (B) of section 4511.74, 1,202
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 1,203
section 4511.83 of the Revised Code is guilty of a misdemeanor of 1,204
the first degree. 1,205
(K) Except as otherwise provided in this division, whoever 1,207
violates division (E) of section 4511.11, division (A) or (C) of 1,208
section 4511.17, or section 4511.18 of the Revised Code is guilty 1,209
of a misdemeanor of the third degree. If a violation of division 1,210
(A) or (C) of section 4511.17 of the Revised Code creates a risk 1,211
of physical harm to any person, the offender is guilty of a 1,212
misdemeanor of the first degree. A violation of division (A) or 1,213
(C) of section 4511.17 of the Revised Code that causes serious 1,214
physical harm to property that is owned, leased, or controlled by 1,215
a state or local authority is a felony of the fifth degree. 1,217
(L) Whoever violates division (H) of section 4511.69 of 1,219
the Revised Code shall be punished as follows: 1,220
(1) Except as otherwise provided in division (L)(2) of 1,223
32
this section, the offender shall be issued a warning. 1,224
(2) If the offender previously has been convicted of or 1,226
pleaded guilty to a violation of division (H) of section 4511.69 1,227
of the Revised Code or of a municipal ordinance that is 1,228
substantially similar to that division, the offender shall not be 1,229
issued a warning but shall be fined twenty-five dollars for each 1,230
parking location that is not properly marked or whose markings 1,232
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 1,234
4511.45 of the Revised Code is guilty of a misdemeanor of the 1,235
fourth degree on a first offense; on a second offense within one 1,236
year after the first offense, the person is guilty of a 1,237
misdemeanor of the third degree; and on each subsequent offense 1,238
within one year after the first offense, the person is guilty of 1,239
a misdemeanor of the second degree. 1,240
(N)(1) Whoever violates division (B) of section 4511.19 of 1,243
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 1,244
(a) Except as otherwise provided in division (N)(1)(b) of 1,247
this section, the offender is guilty of a misdemeanor of the 1,249
fourth degree.
(b) If, within one year of the offense, the offender has 1,251
been convicted of or pleaded guilty to any violation of division 1,252
(A) or (B) of section 4511.19 of the Revised Code, a municipal 1,253
ordinance relating to operating a vehicle while under the 1,254
influence of alcohol, a drug of abuse, or alcohol and a drug of 1,255
abuse, a municipal ordinance relating to operating a vehicle with 1,256
a prohibited concentration of alcohol in the blood, breath, or 1,257
urine, section 2903.04 of the Revised Code in a case in which the 1,258
offender was subject to the sanctions described in division (D) 1,259
of that section, section 2903.06, 2903.07, or 2903.08 of the 1,260
Revised Code or a municipal ordinance that is substantially 1,261
similar to section 2903.07 of the Revised Code in a case in which 1,262
the jury or judge found that the offender was under the influence 1,263
33
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,264
statute of the United States or of any other state or a municipal 1,266
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 1,267
4511.19 of the Revised Code, the offender is guilty of a 1,268
misdemeanor of the third degree.
(2) In addition to or independent of all other penalties 1,270
provided by law, the offender's driver's or commercial driver's 1,271
license or permit or nonresident operating privilege shall be 1,272
suspended in accordance with, and for the period of time 1,273
specified in, division (E) of section 4507.16 of the Revised 1,274
Code. 1,275
(O) Whoever violates section 4511.62 of the Revised Code 1,278
is guilty of a misdemeanor of the fourth degree.
Section 2. That existing sections 4505.233, 4507.164, 1,280
4511.193, and 4511.99 of the Revised Code are hereby repealed. 1,281
Section 3. Section 4503.233 of the Revised Code is 1,283
presented in this act as a composite of the section as amended by 1,284
both Am. Sub. H.B. 353 and Am. Sub. H.B. 676 of the 121st General 1,286
Assembly, with the new language of neither of the acts shown in 1,288
capital letters. This is in recognition of the principle stated 1,289
in division (B) of section 1.52 of the Revised Code that such 1,290
amendments are to be harmonized where not substantively 1,291
irreconcilable and constitutes a legislative finding that such is 1,292
the resulting version in effect prior to the effective date of 1,293
this act.