As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-DAMSCHRODER-MYERS-TRAKAS- 9
WILLIAMS-PETERSON-VERICH-GOODMAN-THOMAS-VESPER-MAIER- 10
TIBERI-HARRIS-OPFER-LOGAN-O'BRIEN-CLANCY-BATEMAN-ALLEN- 11
YOUNG-GRENDELL-HOOPS-WINKLER-HARTNETT-PATTON-TAYLOR 12
_________________________________________________________________ 14
A B I L L
To amend sections 4503.233, 4507.164, 4511.193, and 16
4511.99 of the Revised Code to require the 17
criminal forfeiture to the state of the motor 18
vehicle a person was operating at the time the 19
person committed a third state or local OMVI 20
offense within a six-year period, rather than 21
the impoundment of the motor vehicle for 180 22
days.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 4503.233, 4507.164, 4511.193, and 26
4511.99 of the Revised Code be amended to read as follows: 27
Sec. 4503.233. (A)(1) As used in this section, "vehicle 37
owner" means either of the following: 38
(a) The person in whose name is registered, at the time of 40
the offense, a vehicle that is subject to an immobilization order 41
issued under division (A)(2) of this section; 42
(b) A person to whom, at the time of the offense, the 44
certificate of title to a vehicle has been assigned and who has 45
not obtained a certificate of title to the vehicle in that 46
person's name but who is deemed by the court as being the owner 47
of the vehicle at the time of the offense for which the vehicle
2
is subject to an immobilization and impoundment order issued 48
under division (A)(2) of this section. 49
(2) If a court is required to order the immobilization of 51
a vehicle for a specified period of time pursuant to division 52
(B)(1) or (2), (C)(1) or (2), or (E)(1) of section 4507.99, 53
pursuant to division (A)(2)(b) or (3)(b) of section 4511.99, 54
pursuant to division (B)(1) or (2) or (C)(1) or (2) of section 55
4507.361, or pursuant to division (B)(2)(a) or (b) of section 56
4511.193 of the Revised Code, the court shall issue an 57
immobilization order, subject to section 4503.235 of the Revised 59
Code, in accordance with this division and for the period of time 60
specified in the particular division, and the immobilization
under the order shall be in accordance with this section. The 62
court, at the time of sentencing the offender for the offense 63
relative to which the immobilization order is issued or as soon 64
thereafter as is practicable, shall give a copy of the order to 65
the offender or the offender's counsel and to the vehicle owner 66
or the vehicle owner's counsel. The court promptly shall send a 67
copy of the order to the registrar on a form prescribed by the 68
registrar and to the person or agency it designates to execute
the order. 69
The order shall indicate the date on which it is issued, 71
shall identify the vehicle that is subject to the order, and 72
shall specify all of the following: 73
(a) The period of the immobilization; 75
(b) The place at which the court determines that the 77
immobilization shall be carried out, provided that the court 78
shall not determine and shall not specify that the immobilization 79
is to be carried out at any place other than a commercially 80
operated private storage lot, a place owned by a law enforcement 81
or other government agency, or a place to which one of the 82
following applies: 83
(i) The place is leased by or otherwise under the control 85
of a law enforcement or other government agency. 86
3
(ii) The place is owned by the offender, the offender's 88
spouse, or a parent or child of the offender. 89
(iii) The place is owned by a private person or entity, 91
and, prior to the issuance of the order, the private entity or 92
person that owns the place, or the authorized agent of that 93
private entity or person, has given express written consent for 94
the immobilization to be carried out at that place. 95
(iv) The place is a public street or highway on which the 97
vehicle is parked in accordance with the law. 98
(c) The person or agency designated by the court to 100
execute the order, which shall be either the law enforcement 101
agency that employs the law enforcement officer who seized the 102
vehicle, a bailiff of the court, another person the court 103
determines to be appropriate to execute the order, or the law 104
enforcement agency with jurisdiction over the place of residence 105
of the vehicle owner; 106
(d) THAT NEITHER THE REGISTRAR NOR A DEPUTY REGISTRAR WILL 108
BE PERMITTED TO ACCEPT AN APPLICATION FOR THE LICENSE PLATE 109
REGISTRATION OF ANY MOTOR VEHICLE IN THE NAME OF THE VEHICLE 110
OWNER UNTIL THE IMMOBILIZATION FEE IS PAID. 111
(3) The person or agency the court designates to 113
immobilize the vehicle shall seize or retain that vehicle's 114
license plates and forward them to the bureau of motor vehicles. 115
(4) In all cases, the vehicle owner shall be assessed an 118
immobilization fee of one hundred dollars, and the immobilization 119
fee shall be paid to the registrar before the vehicle may be 120
released to the vehicle, and that neither the registrar nor a 121
deputy registrar will be permitted to accept an application for
the license plate registration of any motor vehicle in the name 122
of the vehicle owner until the immobilization fee is paid owner. 123
Neither the registrar nor a deputy registrar shall accept an 124
application for the registration of any motor vehicle in the name 125
of the vehicle owner until the immobilization fee is paid. 126
(5) If the vehicle subject to the order is immobilized 129
4
pursuant to the order and is found being operated upon any street 130
or highway in this state during the immobilization period, it 131
shall be seized, removed from the street or highway, and 132
criminally forfeited and disposed of pursuant to section 4503.234 133
of the Revised Code.
the owner's 135
(6) The registrar shall deposit the immobilization fee 137
into the law enforcement reimbursement fund created by section 138
4501.19 of the Revised Code. Money in the fund shall be expended 139
only as provided in division (A)(6) of this section. If the 140
court designated in the order a court bailiff or another 141
appropriate person other than a law enforcement officer to 142
immobilize the vehicle, the amount of the fee deposited into the 143
law enforcement reimbursement fund shall be paid out to the 144
county treasury if the court that issued the order is a county 145
court, to the treasury of the municipal corporation served by the 146
court if the court that issued the order is a mayor's court, or 147
to the city treasury of the legislative authority of the court, 148
both as defined in section 1901.03 of the Revised Code, if the 149
court that issued the order is a municipal court. If the court 150
designated a law enforcement agency to immobilize the vehicle and 151
if the law enforcement agency immobilizes the vehicle, the amount 152
of the fee deposited into the law enforcement reimbursement fund 153
shall be paid out to the law enforcement agency to reimburse the 154
agency for the costs it incurs in obtaining immobilization 155
equipment and, if required, in sending an officer or other person 156
to search for and locate the vehicle specified in the 157
immobilization order and to immobilize the vehicle. 158
In addition to the immobilization fee required to be paid 160
under division (A)(4) of this section, the vehicle owner may be 162
charged expenses or charges incurred in the removal and storage
of the immobilized vehicle. 163
(B) If a court issues an immobilization order under 166
division (A)(2) of this section, the person or agency designated 167
5
by the court to execute the immobilization order promptly shall 168
immobilize or continue the immobilization of the vehicle at the 169
place specified by the court in the order. The registrar shall
not authorize the release of the vehicle or authorize the 170
issuance of new identification license plates for the vehicle at 171
the end of the immobilization period the owner's until the 172
immobilization fee has been paid. 173
the owner's 175
(C) Upon receipt of the license plates for a vehicle under 177
this section, the registrar the registrar's shall destroy the 178
license plates. At the end of the immobilization period and upon 179
the payment of the immobilization fee that must be paid under 180
this section, the registrar shall authorize the release of the 181
vehicle and authorize the issuance, upon the payment of the same 182
fee as is required for the replacement of lost, mutilated, or 183
destroyed license plates and certificates of registration, of new 185
license plates and, if necessary, a new certificate of 186
registration to the vehicle owner for the vehicle in question. 187
(D)(1) If a court issues an immobilization order under 189
division (A) of this section, the immobilization period commences 191
on the day on which the vehicle in question is immobilized the 192
owner. If the vehicle in question had been seized under section 193
4507.38 or 4511.195 of the Revised Code, the time between the 194
seizure and the beginning of the immobilization period shall be 195
credited against the immobilization period specified in the 197
immobilization order issued under division (A) of this section. 198
No vehicle that is impounded under this section is eligible to 199
have special license plates of the type described in section 200
4503.231 of the Revised Code issued for that vehicle.
(2) If a court issues an immobilization order under 202
division (A) of this section, if the vehicle subject to the order 204
is immobilized under the order, and if the vehicle is found being 205
operated upon any street or highway of this state during the 206
immobilization period, it shall be seized, removed from the 207
6
street or highway, and criminally forfeited, and disposed of 208
pursuant to section 4503.234 of the Revised Code. No vehicle 209
that is forfeited under this provision shall be considered 210
contraband for purposes of section 2933.41, 2933.42, or 2933.43 211
of the Revised Code, but shall be held by the law enforcement 212
agency that employs the officer who seized it for disposal in 213
accordance with section 4503.234 of the Revised Code. 214
(3) If a court issues an immobilization order under 216
division (A) of this section, and if the vehicle is not claimed 218
within seven days after the end of the period of immobilization 219
or if the vehicle owner the owner's has not paid the
immobilization fee, the person or agency that immobilized the 221
vehicle shall send a written notice to the vehicle owner at the 222
vehicle owner's last known address informing the vehicle owner of 223
the date on which the period of immobilization ended, that the 224
owner the owner's the vehicle owner has twenty days after the 225
date of the notice to pay the immobilization fee and obtain the 227
release of the vehicle, and that if the owner the owner's the 228
vehicle owner does not pay the fee and obtain the release of the 229
vehicle within that twenty-day period, the vehicle will be 230
forfeited under section 4503.234 of the Revised Code to the 231
entity that is entitled to the immobilization fee.
(4) An owner of a motor vehicle that is subject to an 233
immobilization order issued under division (A) of this section 235
shall not sell the motor vehicle without approval of the court 236
that issued the order. If such an owner wishes to sell such a 237
the motor vehicle during the immobilization period, the owner 238
shall apply to the court that issued the immobilization order for 239
permission to assign the title to the vehicle. If the court is 241
satisfied that the sale will be in good faith and not for the
purpose of circumventing the provisions of division (A)(2) of 242
this section, it may certify its consent to the owner and to the 243
registrar. Upon receipt of the court's consent, the registrar 244
shall enter the court's notice in the owner's vehicle license 245
7
plate registration record.
If, during a period of immobilization under an 247
immobilization order issued under division (A) of this section, 249
the title to the immobilized motor vehicle is transferred by the 250
foreclosure of a chattel mortgage, a sale upon execution, the 251
cancellation of a conditional sales contract, or an order of a 252
court, the involved court shall notify the registrar of the 253
action, and the registrar shall enter the court's notice in the 254
owner's vehicle license plate registration record. 255
Nothing in this section shall be construed as requiring the 257
registrar or the clerk of the court of common pleas to note upon 258
the certificate of title records any prohibition regarding the 259
sale of a motor vehicle.
(5) If the title to a motor vehicle that is subject to an 261
immobilization order under division (A) of this section is 263
assigned or transferred without court approval between the time 264
of arrest of the person who was operating the vehicle at the time 265
of the offense for which such an order is to be issued and the 266
time of the actual immobilization of the vehicle, the court shall 267
order that, for a period of two years from the date of the order, 268
neither the registrar nor any deputy registrar shall accept an 269
application for the registration of any motor vehicle in the name 270
of the owner of the vehicle that was assigned or transferred 271
without court approval. The court shall notify the registrar of 272
the order on a form prescribed by the registrar for that purpose. 273
(E)(1) The court with jurisdiction over the case, after 275
notice to all interested parties including lienholders, and after 276
an opportunity for them to be heard, if the vehicle owner fails 277
to appear in person, without good cause, or if the court finds 278
that the vehicle owner does not intend to seek release of the 279
vehicle at the end of the period of immobilization or that the 280
vehicle owner is not or will not be able to pay the expenses and 281
charges incurred in its removal and storage, may order that title 282
to the vehicle be transferred, in order of priority, first into 283
8
the name of the entity entitled to the immobilization fee under 284
division (A)(6) of this section, next into the name of a 285
lienholder, or lastly, into the name of the owner of the place of 286
storage. 287
A lienholder that receives title under a court order shall 290
do so on the condition that it pay any expenses or charges 291
incurred in the vehicle's removal and storage. If the entity
that receives title to the vehicle is the entity that is entitled 292
to the immobilization fee under division (A)(6) of this section, 293
it shall receive title on the condition that it pay any lien on 294
the vehicle. The court shall not order that title be transferred 295
to any person or entity other than the owner of the place of 296
storage if the person or entity refuses to receive the title. 297
Any person or entity that receives title may either keep title to 298
the vehicle or may dispose of the vehicle in any legal manner 299
that it considers appropriate, including assignment of the 300
certificate of title to the motor vehicle to a salvage dealer or 301
a scrap metal processing facility. The person or entity shall 302
not transfer the vehicle to the person who is the vehicle's 303
immediate previous owner. 304
If the person or entity assigns the motor vehicle to a 306
salvage dealer or scrap metal processing facility, the person or 308
entity shall send the assigned certificate of title to the motor 309
vehicle to the clerk of the court of common pleas of the county 310
in which the salvage dealer or scrap metal processing facility is 311
located. The person or entity shall mark the face of the
certificate of title with the words "FOR DESTRUCTION" and shall 312
deliver a photocopy of the certificate of title to the salvage 313
dealer or scrap metal processing facility for its records. 314
(2) Whenever a court issues an order under division (E)(1) 316
of this section, the court also shall order removal of the 317
license plates from the vehicle and cause them to be sent to the 318
registrar if they have not already been sent to the registrar. 319
Thereafter, no further proceedings shall take place under this 320
9
section, but the vehicle owner remains liable for payment of the 321
immobilization fee described in division (A)(4) of this section 322
if an immobilization order previously had been issued by the 323
court.
(3) Prior to initiating a proceeding under division (E)(1) 325
of this section, and upon payment of the fee under division (B) 326
of section 4505.14 of the Revised Code, any interested party may 327
cause a search to be made of the public records of the bureau of 328
motor vehicles or the clerk of the court of common pleas, to 329
ascertain the identity of any lienholder of the vehicle. The 330
initiating party shall furnish this information to the clerk of 331
the court with jurisdiction over the case, and the clerk shall 333
provide notice to the vehicle owner, the defendant, any 334
lienholder, and any other interested parties listed by the 335
initiating party, at the last known address supplied by the 336
initiating party, by certified mail or, at the option of the 337
initiating party, by personal service or ordinary mail. 338
As used in this section, "interested party" includes the 340
vehicle owner, all lienholders, the defendant, the owner of the 341
place of storage, the person or entity that caused the vehicle to 342
be removed, and the person or entity, if any, entitled to the 343
immobilization fee under division (A)(6) of this section. 344
Sec. 4507.164. (A) Except as provided in divisions (C) to 353
(E) of this section, when the license of any person is suspended 354
or revoked pursuant to any provision of the Revised Code other 355
than division (B) of section 4507.16 of the Revised Code, the 356
trial judge may impound the identification license plates of any 357
motor vehicle registered in the name of the person. 358
(B)(1) When the license of any person is suspended or 360
revoked pursuant to division (B)(1) of section 4507.16 of the 361
Revised Code, the trial judge of the court of record or the mayor 362
of the mayor's court that suspended or revoked the license may 363
impound the identification license plates of any motor vehicle 364
registered in the name of the person. 365
10
(2) When the license of any person is suspended or revoked 367
pursuant to division (B)(2) or (3) of section 4507.16 of the 368
Revised Code, the trial judge of the court of record that 369
suspended or revoked the license shall order the impoundment of 370
the identification license plates of the motor vehicle the 371
offender was operating at the time of the offense and the 372
immobilization of that vehicle in accordance with section 373
4503.233 and division (A)(2) or (3) of section 4511.99 or 374
division (B)(2)(a) or (b) of section 4511.193 of the Revised Code 375
and may impound the identification license plates of any other 376
motor vehicle registered in the name of the person whose license 377
is suspended or revoked. 378
(3) When the license of any person is suspended or revoked 380
pursuant to division (B)(3) OR (4) of section 4507.16 of the 381
Revised Code, the trial judge of the court of record that 383
suspended or revoked the license shall order the criminal 384
forfeiture to the state of the motor vehicle the offender was 385
operating at the time of the offense in accordance with section 386
4503.234 and division (A)(3) OR (4) of section 4511.99 or 387
division (B)(2)(c)(b) of section 4511.193 of the Revised Code and 389
may impound the identification license plates of any other motor 390
vehicle registered in the name of the person whose license is 391
suspended or revoked.
(C)(1) When a person is convicted of or pleads guilty to a 393
violation of division (D)(2) of section 4507.02 of the Revised 394
Code or a substantially equivalent municipal ordinance and 395
division (B)(1) or (2) of section 4507.99 or division (C)(1) or 396
(2) of section 4507.36 of the Revised Code applies, the trial 397
judge of the court of record or the mayor of the mayor's court 398
that imposes sentence shall order the immobilization of the 399
vehicle the person was operating at the time of the offense and 400
the impoundment of its identification license plates in 401
accordance with section 4503.233 and division (B)(1) or (2) of 402
section 4507.99 or division (C)(1) or (2) of section 4507.361 of 403
11
the Revised Code and may impound the identification license 404
plates of any other vehicle registered in the name of that 405
person. 406
(2) When a person is convicted of or pleads guilty to a 408
violation of division (D)(2) of section 4507.02 of the Revised 409
Code or a substantially equivalent municipal ordinance and 410
division (B)(3) of section 4507.99 or division (C)(3) of section 411
4507.361 of the Revised Code applies, the trial judge of the 412
court of record that imposes sentence shall order the criminal 413
forfeiture to the state of the vehicle the person was operating 414
at the time of the offense in accordance with section 4503.234 415
and division (B)(3) of section 4507.99 or division (C)(3) of 416
section 4507.361 of the Revised Code and may impound the 417
identification license plates of any other vehicle registered in 418
the name of that person. 419
(D)(1) When a person is convicted of or pleads guilty to a 421
violation of division (B)(1) of section 4507.02 of the Revised 422
Code or a substantially equivalent municipal ordinance and 423
division (C)(1) or (2) of section 4507.99 or division (B)(1) or 424
(2) of section 4507.361 of the Revised Code applies, the trial 425
judge of the court of record or the mayor of the mayor's court 426
that imposes sentence shall order the immobilization of the 427
vehicle the person was operating at the time of the offense and 428
the impoundment of its identification license plates in 429
accordance with section 4503.233 and division (C)(1) or (2) of 430
section 4507.99 or division (B)(1) or (2) of section 4507.361 of 431
the Revised Code and may impound the identification license 432
plates of any other vehicle registered in the name of that 433
person. 434
(2) When a person is convicted of or pleads guilty to a 436
violation of division (B)(1) of section 4507.02 of the Revised 437
Code or a substantially equivalent municipal ordinance and 438
division (C)(3) of section 4507.99 or division (B)(3) of section 439
4507.361 of the Revised Code applies, the trial judge of the 440
12
court of RECORD that imposes sentence shall order the criminal 441
forfeiture to the state of the vehicle the person was operating 442
at the time of the offense in accordance with section 4503.234 443
and division (C)(3) of section 4507.99 or division (B)(3) of 444
section 4507.361 of the Revised Code and may impound the 445
identification license plates of any other vehicle registered in 446
the name of that person. 447
(E)(1) When a person is convicted of or pleads guilty to a 449
violation of section 4507.33 of the Revised Code and the person 450
is sentenced pursuant to division (E)(1) of section 4507.99 of 451
the Revised Code, the trial judge of the court of record or the 452
mayor of the mayor's court that imposes sentence shall order the 453
immobilization of the vehicle that was involved in the commission 454
of the offense and the impoundment of its identification license 455
plates in accordance with division (E)(1) of section 4507.99 and 456
section 4503.233 of the Revised Code and may impound the 457
identification license plates of any other vehicle registered in 458
the name of that person. 459
(2) When a person is convicted of or pleads guilty to a 461
violation of section 4507.33 of the Revised Code and the person 462
is sentenced pursuant to division (E)(2) of section 4507.99 of 463
the Revised Code, the trial judge of the court of record or the 464
mayor of the mayor's court that imposes sentence shall order the 465
criminal forfeiture to the state of the vehicle that was involved 466
in the commission of the offense in accordance with division 467
(E)(2) of section 4507.99 and section 4503.234 of the Revised 468
Code and may impound the identification license plates of any 469
other vehicle registered in the name of that person. 470
(F) Except as provided in section 4503.233 or 4503.234 of 472
the Revised Code, when the certificate of registration, the 473
identification license plates, or both have been impounded, 474
division (F) of section 4507.02 of the Revised Code is 475
applicable. 476
Sec. 4511.193. (A) Twenty-five dollars of any fine 485
13
imposed for a violation of a municipal ordinance relating to 486
operating a vehicle while under the influence of alcohol, a drug 487
of abuse, or alcohol and a drug of abuse or relating to operating 488
a vehicle with a prohibited concentration of alcohol in the 489
blood, breath, or urine shall be deposited into the municipal or 490
county indigent drivers alcohol treatment fund created pursuant 491
to division (N) of section 4511.191 of the Revised Code in 492
accordance with this section and section 733.40, divisions (A) 493
and (B) of section 1901.024, division (F) of section 1901.31, or 494
division (C) of section 1907.20 of the Revised Code. Regardless 495
of whether the fine is imposed by a municipal court, a mayor's 496
court, or a juvenile court, if the fine was imposed for a 497
violation of an ordinance of a municipal corporation that is 498
within the jurisdiction of a municipal court, the twenty-five 499
dollars that is subject to this section shall be deposited into 500
the indigent drivers alcohol treatment fund of the municipal 501
corporation in which is located the municipal court that has 502
jurisdiction over that municipal corporation. Regardless of 503
whether the fine is imposed by a county court, a mayor's court, 504
or a juvenile court, if the fine was imposed for a violation of 505
an ordinance of a municipal corporation that is within the 506
jurisdiction of a county court, the twenty-five dollars that is 507
subject to this section shall be deposited into the indigent 508
drivers alcohol treatment fund of the county in which is located 509
the county court that has jurisdiction over that municipal 510
corporation. The deposit shall be made in accordance with 511
section 733.40, divisions (A) and (B) of section 1901.024, 512
division (F) of section 1901.31, or division (C) of section 513
1907.20 of the Revised Code. 514
(B)(1) The requirements and sanctions imposed by divisions 516
(B)(1) and (2) of this section are an adjunct to and derive from 517
the state's exclusive authority over the registration and titling 518
of motor vehicles and do not comprise a part of the criminal 519
sentence to be imposed upon a person who violates a municipal 520
14
ordinance relating to operating a vehicle while under the 521
influence of alcohol, a drug of abuse, or alcohol and a drug of 522
abuse or relating to operating a vehicle with a prohibited 523
concentration of alcohol in the blood, breath, or urine. 524
(2) If a person is convicted of or pleads guilty to a 526
municipal ordinance relating to operating a vehicle while under 527
the influence of alcohol, a drug of abuse, or alcohol and a drug 528
of abuse or relating to operating a vehicle with a prohibited 529
concentration of alcohol in the blood, breath, or urine and if, 530
within the period of time specified in division (B)(2)(a), OR 532
(b), or (c) of this section, the offender has been convicted of 534
or pleaded guilty to any violation of section 4511.19 of the 535
Revised Code, a municipal ordinance relating to operating a 536
vehicle while under the influence of alcohol, a drug of abuse, or 537
alcohol and a drug of abuse, a municipal ordinance relating to 538
operating a vehicle with a prohibited concentration of alcohol in 539
the blood, breath, or urine, section 2903.04 of the Revised Code 540
in a case in which the offender was subject to the sanctions 541
described in division (D) of that section, section 2903.06, 542
2903.07, or 2903.08 of the Revised Code, or a municipal ordinance 543
that is substantially similar to section 2903.07 of the Revised 544
Code in a case in which the jury or judge found that the offender 545
was under the influence of alcohol, a drug of abuse, or alcohol 546
and a drug of abuse, a statute of the United States or of any 547
other state or a municipal ordinance of a municipal corporation 548
located in any other state that is substantially similar to 549
division (A) or (B) of section 4511.19 of the Revised Code, or if 550
the other circumstances described in division (B)(2)(c)(b) of 551
this section apply, the court, in addition to and independent of 553
any sentence that it imposes upon the offender for the offense, 554
regardless of whether the vehicle the offender was operating at 555
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 556
the Revised Code, shall do whichever of the following is 557
15
applicable: 558
(a) Except as otherwise provided in division (B)(2)(c)(b) 561
of this section, if, within six years of the current offense, the 562
offender has been convicted of or pleaded guilty to one violation 563
described in division (B)(2) of this section, the court shall 564
order the immobilization for ninety days of the vehicle the 565
offender was operating at the time of the offense and the 566
impoundment for ninety days of the license plates of that 568
vehicle. The order for the immobilization and impoundment shall 569
be issued and enforced in accordance with section 4503.233 of the 570
Revised Code.
(b) Except as otherwise provided in division (B)(2)(c) of 573
this section, if, within six years of the current offense, the 574
offender has been convicted of or pleaded guilty to two 575
violations described in division (B)(2) of this section, the 576
court shall order the immobilization for one hundred eighty days 577
of the vehicle the offender was operating at the time of the 578
offense and the impoundment for one hundred eighty days of the 579
license plates of that vehicle. The order for the immobilization 581
and impoundment shall be issued and enforced in accordance with 582
section 4503.233 of the Revised Code.
(c) If, within six years of the current offense, the 584
offender has been convicted of or pleaded guilty to three TWO or 585
more violations described in division (B)(2) of this section, or 587
if the offender previously has been convicted of or pleaded 588
guilty to a violation of division (A) of section 4511.19 of the 589
Revised Code under circumstances in which the violation was a 590
felony and regardless of when the violation and the conviction or 591
guilty plea occurred, the court shall order the criminal 592
forfeiture to the state of the vehicle the offender was operating 593
at the time of the offense. The order of criminal forfeiture 594
shall be issued and enforced in accordance with section 4503.234 595
of the Revised Code.
Sec. 4511.99. (A) Whoever violates division (A) of 604
16
section 4511.19 of the Revised Code, in addition to the license 605
suspension or revocation provided in section 4507.16 of the 606
Revised Code and any disqualification imposed under section 607
4506.16 of the Revised Code, shall be punished as provided in 608
division (A)(1), (2), (3), or (4) of this section. 609
(1) Except as otherwise provided in division (A)(2), (3), 611
or (4) of this section, the offender is guilty of a misdemeanor 612
of the first degree and the court shall sentence the offender to 613
a term of imprisonment of three consecutive days and may sentence 614
the offender pursuant to section 2929.21 of the Revised Code to a 615
longer term of imprisonment. In addition, the court shall impose 616
upon the offender a fine of not less than two hundred and not 617
more than one thousand dollars. 618
The court may suspend the execution of the mandatory three 620
consecutive days of imprisonment that it is required to impose by 621
this division, if the court, in lieu of the suspended term of 622
imprisonment, places the offender on probation and requires the 623
offender to attend, for three consecutive days, a drivers' 624
intervention program that is certified pursuant to section 625
3793.10 of the Revised Code. The court also may suspend the 626
execution of any part of the mandatory three consecutive days of 627
imprisonment that it is required to impose by this division, if 628
the court places the offender on probation for part of the three 629
consecutive days; requires the offender to attend, for that part 630
of the three consecutive days, a drivers' intervention program 631
that is certified pursuant to section 3793.10 of the Revised 632
Code; and sentences the offender to a term of imprisonment equal 633
to the remainder of the three consecutive days that the offender 634
does not spend attending the drivers' intervention program. The 635
court may require the offender, as a condition of probation, to 636
attend and satisfactorily complete any treatment or education 637
programs that comply with the minimum standards adopted pursuant 638
to Chapter 3793. of the Revised Code by the director of alcohol 639
and drug addiction services, in addition to the required 640
17
attendance at a drivers' intervention program, that the operators 641
of the drivers' intervention program determine that the offender 642
should attend and to report periodically to the court on the 643
offender's progress in the programs. The court also may impose 644
any other conditions of probation on the offender that it 645
considers necessary. 646
Of the fine imposed pursuant to this division, twenty-five 648
dollars shall be paid to an enforcement and education fund 649
established by the legislative authority of the law enforcement 650
agency in this state that primarily was responsible for the 651
arrest of the offender, as determined by the court that imposes 652
the fine. This share shall be used by the agency to pay only 653
those costs it incurs in enforcing section 4511.19 of the Revised 654
Code or a substantially similar municipal ordinance and in 655
informing the public of the laws governing the operation of a 656
motor vehicle while under the influence of alcohol, the dangers 657
of operating a motor vehicle while under the influence of 658
alcohol, and other information relating to the operation of a 659
motor vehicle and the consumption of alcoholic beverages. 660
Twenty-five dollars of the fine imposed pursuant to this division 661
shall be deposited into the county indigent drivers alcohol 662
treatment fund or municipal indigent drivers alcohol treatment 663
fund under the control of that court, as created by the county or 664
municipal corporation pursuant to division (N) of section 665
4511.191 of the Revised Code. The balance of the fine shall be 666
disbursed as otherwise provided by law. 667
(2)(a) Except as otherwise provided in division (A)(4) of 670
this section, if, within six years of the offense, the offender 671
has been convicted of or pleaded guilty to one violation of 672
division (A) or (B) of section 4511.19 of the Revised Code, a 673
municipal ordinance relating to operating a vehicle while under 674
the influence of alcohol, a drug of abuse, or alcohol and a drug 675
of abuse, a municipal ordinance relating to operating a vehicle 676
with a prohibited concentration of alcohol in the blood, breath, 677
18
or urine, section 2903.04 of the Revised Code in a case in which 678
the offender was subject to the sanctions described in division 679
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 681
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 682
the jury or judge found that the offender was under the influence 683
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 684
statute of the United States or of any other state or a municipal 686
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 687
4511.19 of the Revised Code, the offender is guilty of a 688
misdemeanor of the first degree and, except as provided in this 689
division, the court shall sentence the offender to a term of 690
imprisonment of ten consecutive days and may sentence the 691
offender pursuant to section 2929.21 of the Revised Code to a 692
longer term of imprisonment. As an alternative to the term of 693
imprisonment required to be imposed by this division, but subject 694
to division (A)(8) of this section, the court may impose upon the 695
offender a sentence consisting of both a term of imprisonment of 696
five consecutive days and not less than eighteen consecutive days 697
of electronically monitored house arrest as defined in division 698
(A) of section 2929.23 of the Revised Code. The five consecutive 699
days of imprisonment and the period of electronically monitored 700
house arrest shall not exceed six months. The five consecutive 701
days of imprisonment do not have to be served prior to or 702
consecutively with the period of electronically monitored house 703
arrest.
In addition, the court shall impose upon the offender a 705
fine of not less than three hundred and not more than one 706
thousand five hundred dollars. 707
In addition to any other sentence that it imposes upon the 709
offender, the court may require the offender to attend a drivers' 710
intervention program that is certified pursuant to section 711
3793.10 of the Revised Code. If the officials of the drivers' 712
19
intervention program determine that the offender is alcohol 713
dependent, they shall notify the court, and the court shall order 714
the offender to obtain treatment through an alcohol and drug 715
addiction program authorized by section 3793.02 of the Revised 716
Code. The cost of the treatment shall be paid by the offender. 717
Of the fine imposed pursuant to this division, thirty-five 719
dollars shall be paid to an enforcement and education fund 720
established by the legislative authority of the law enforcement 721
agency in this state that primarily was responsible for the 722
arrest of the offender, as determined by the court that imposes 723
the fine. This share shall be used by the agency to pay only 724
those costs it incurs in enforcing division (A) of section 725
4511.19 of the Revised Code or a substantially similar municipal 726
ordinance and in informing the public of the laws governing the 727
operation of a motor vehicle while under the influence of 728
alcohol, the dangers of operating a motor vehicle while under the 729
influence of alcohol, and other information relating to the 730
operation of a motor vehicle and the consumption of alcoholic 731
beverages. Sixty-five dollars of the fine imposed pursuant to 732
this division shall be paid to the political subdivision 733
responsible for housing the offender during the offender's term 735
of incarceration. This share shall be used by the political 736
subdivision to pay or reimburse incarceration costs it incurs in 737
housing persons who violate section 4511.19 of the Revised Code 738
or a substantially similar municipal ordinance and to pay for 739
ignition interlock devices and electronic house arrest equipment 740
for persons who violate that section, and shall be paid to the 741
credit of the fund that pays the cost of the incarceration. 742
Fifty dollars of the fine imposed pursuant to this division shall 743
be deposited into the county indigent drivers alcohol treatment 744
fund or municipal indigent drivers alcohol treatment fund under 745
the control of that court, as created by the county or municipal 746
corporation pursuant to division (N) of section 4511.191 of the 747
Revised Code. The balance of the fine shall be disbursed as 748
20
otherwise provided by law. 749
(b) Regardless of whether the vehicle the offender was 751
operating at the time of the offense is registered in the 752
offender's name or in the name of another person, the court, in 754
addition to the penalties imposed under division (A)(2)(a) of 755
this section and all other penalties provided by law and subject 756
to section 4503.235 of the Revised Code, shall order the 757
immobilization for ninety days of the vehicle the offender was 758
operating at the time of the offense and the impoundment for 759
ninety days of the identification license plates of that vehicle. 760
The order for the immobilization and impoundment shall be issued 761
and enforced in accordance with section 4503.233 of the Revised 762
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 765
this section, if, within six years of the offense, the offender 766
has been convicted of or pleaded guilty to two violations of 767
division (A) or (B) of section 4511.19 of the Revised Code, a 768
municipal ordinance relating to operating a vehicle while under 769
the influence of alcohol, a drug of abuse, or alcohol and a drug 770
of abuse, a municipal ordinance relating to operating a vehicle 771
with a prohibited concentration of alcohol in the blood, breath, 772
or urine, section 2903.04 of the Revised Code in a case in which 773
the offender was subject to the sanctions described in division 774
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 776
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 777
the jury or judge found that the offender was under the influence 778
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 780
statute of the United States or of any other state or a municipal 781
ordinance of a municipal corporation located in any other state 782
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, except as provided in this division, 783
the court shall sentence the offender to a term of imprisonment 784
of thirty consecutive days and may sentence the offender to a 785
21
longer definite term of imprisonment of not more than one year. 786
As an alternative to the term of imprisonment required to be 787
imposed by this division, but subject to division (A)(8) of this 788
section, the court may impose upon the offender a sentence 789
consisting of both a term of imprisonment of fifteen consecutive 790
days and not less than fifty-five consecutive days of 791
electronically monitored house arrest as defined in division (A) 792
of section 2929.23 of the Revised Code. The fifteen consecutive 793
days of imprisonment and the period of electronically monitored 794
house arrest shall not exceed one year. The fifteen consecutive 795
days of imprisonment do not have to be served prior to or 796
consecutively with the period of electronically monitored house 797
arrest.
In addition, the court shall impose upon the offender a 799
fine of not less than five hundred and not more than two thousand 800
five hundred dollars. 801
In addition to any other sentence that it imposes upon the 803
offender, the court shall require the offender to attend an 804
alcohol and drug addiction program authorized by section 3793.02 805
of the Revised Code. The cost of the treatment shall be paid by 806
the offender. If the court determines that the offender is 807
unable to pay the cost of attendance at the treatment program, 809
the court may order that payment of the cost of the offender's 810
attendance at the treatment program be made from that court's 811
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 813
twenty-three dollars shall be paid to an enforcement and 814
education fund established by the legislative authority of the 815
law enforcement agency in this state that primarily was 816
responsible for the arrest of the offender, as determined by the 817
court that imposes the fine. This share shall be used by the 818
agency to pay only those costs it incurs in enforcing section 819
4511.19 of the Revised Code or a substantially similar municipal 820
ordinance and in informing the public of the laws governing the 821
22
operation of a motor vehicle while under the influence of 822
alcohol, the dangers of operating a motor vehicle while under the 823
influence of alcohol, and other information relating to the 824
operation of a motor vehicle and the consumption of alcoholic 825
beverages. Two hundred twenty-seven dollars of the fine imposed 826
pursuant to this division shall be paid to the political 827
subdivision responsible for housing the offender during the 828
offender's term of incarceration. This share shall be used by 830
the political subdivision to pay or reimburse incarceration costs 831
it incurs in housing persons who violate division (A) of section 832
4511.19 of the Revised Code or a substantially similar municipal 833
ordinance and to pay for ignition interlock devices and 834
electronic house arrest equipment for persons who violate that 835
section and shall be paid to the credit of the fund that pays the 836
cost of incarceration. The balance of the fine shall be 837
disbursed as otherwise provided by law. 838
(b) Regardless of whether the vehicle the offender was 840
operating at the time of the offense is registered in the 841
offender's name or in the name of another person, the court, in 843
addition to the penalties imposed under division (A)(3)(a) of 844
this section and all other penalties provided by law and subject 845
to section 4503.235 of the Revised Code, shall order the 846
immobilization for one hundred eighty days CRIMINAL FORFEITURE TO 847
THE STATE of the vehicle the offender was operating at the time 849
of the offense and the impoundment for one hundred eighty days of 850
the identification license plates of that vehicle. The order for 851
the immobilization and impoundment OF CRIMINAL FORFEITURE shall 852
be issued and enforced in accordance with section 4503.233 853
4503.234 of the Revised Code. 854
(4)(a) If, within six years of the offense, the offender 856
has been convicted of or pleaded guilty to three or more 857
violations of division (A) or (B) of section 4511.19 of the 858
Revised Code, a municipal ordinance relating to operating a 859
vehicle while under the influence of alcohol, a drug of abuse, or 860
23
alcohol and a drug of abuse, a municipal ordinance relating to 861
operating a vehicle with a prohibited concentration of alcohol in 862
the blood, breath, or urine, section 2903.04 of the Revised Code 863
in a case in which the offender was subject to the sanctions 864
described in division (D) of that section, section 2903.06, 865
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 866
that is substantially similar to section 2903.07 of the Revised 867
Code in a case in which the jury or judge found that the offender 868
was under the influence of alcohol, a drug of abuse, or alcohol 869
and a drug of abuse, or a statute of the United States or of any 871
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to 872
division (A) or (B) of section 4511.19 of the Revised Code, or if 873
the offender previously has been convicted of or pleaded guilty 874
to a violation of division (A) of section 4511.19 of the Revised 875
Code under circumstances in which the violation was a felony and 876
regardless of when the violation and the conviction or guilty 877
plea occurred, the offender is guilty of a felony of the fourth 878
degree. The court shall sentence the offender in accordance with 879
sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration 880
of sixty consecutive days of imprisonment in accordance with 881
division (G)(1) of section 2929.13 of the Revised Code or a 882
mandatory prison term of sixty consecutive days of imprisonment 883
in accordance with division (G)(2) of that section, whichever is 884
applicable. If the offender is required to serve a mandatory 885
term of local incarceration of sixty consecutive days of 886
imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 887
2929.17 of the Revised Code, may impose upon the offender a 889
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house 890
arrest shall not commence until after the offender has served the 891
mandatory term of local incarceration. 892
24
In addition to all other sanctions imposed, the court shall 894
impose upon the offender, pursuant to section 2929.18 of the 895
Revised Code, a fine of not less than seven hundred fifty nor 896
more than ten thousand dollars. 897
In addition to any other sanction that it imposes upon the 900
offender, the court shall require the offender to attend an 902
alcohol and drug addiction program authorized by section 3793.02 903
of the Revised Code. The cost of the treatment shall be paid by 904
the offender. If the court determines that the offender is 905
unable to pay the cost of attendance at the treatment program, 906
the court may order that payment of the cost of the offender's 907
attendance at the treatment program be made from the court's 908
indigent drivers alcohol treatment fund. 909
Of the fine imposed pursuant to this division, two hundred 911
ten dollars shall be paid to an enforcement and education fund 912
established by the legislative authority of the law enforcement 913
agency in this state that primarily was responsible for the 914
arrest of the offender, as determined by the court that imposes 915
the fine. This share shall be used by the agency to pay only 916
those costs it incurs in enforcing section 4511.19 of the Revised 917
Code or a substantially similar municipal ordinance and in 918
informing the public of the laws governing operation of a motor 919
vehicle while under the influence of alcohol, the dangers of 920
operation of a motor vehicle while under the influence of 921
alcohol, and other information relating to the operation of a 922
motor vehicle and the consumption of alcoholic beverages. Three 923
hundred ninety dollars of the fine imposed pursuant to this 924
division shall be paid to the political subdivision responsible 925
for housing the offender during the offender's term of 926
incarceration. This share shall be used by the political 928
subdivision to pay or reimburse incarceration costs it incurs in 929
housing persons who violate division (A) of section 4511.19 of 930
the Revised Code or a substantially similar municipal ordinance 931
and to pay for ignition interlock devices and electronic house 932
25
arrest equipment for persons who violate that section, and shall 933
be paid to the credit of the fund that pays the cost of 934
incarceration. The balance of the fine shall be disbursed as 935
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 937
operating at the time of the offense is registered in the 938
offender's name or in the name of another person, the court, in 940
addition to the sanctions imposed under division (A)(4)(a) of 941
this section and all other sanctions provided by law and subject 943
to section 4503.235 of the Revised Code, shall order the criminal 945
forfeiture to the state of the vehicle the offender was operating 946
at the time of the offense. The order of criminal forfeiture 947
shall be issued and enforced in accordance with section 4503.234 948
of the Revised Code. 949
(c) As used in division (A)(4)(a) of this section, 952
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 954
the Revised Code.
If title to a motor vehicle that is subject to an order for 956
criminal forfeiture under this section is assigned or transferred 957
and division (C)(2) or (3) of section 4503.234 of the Revised 958
Code applies, in addition to or independent of any other penalty 959
established by law, the court may fine the offender the value of 960
the vehicle as determined by publications of the national auto 961
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 962
(D)(4) of section 4503.234 of the Revised Code. 963
(5)(a) Except as provided in division (A)(5)(b) of this 965
section, upon a showing that imprisonment would seriously affect 966
the ability of an offender sentenced pursuant to division (A)(1), 967
(2), (3), or (4) of this section to continue the offender's 968
employment, the court may authorize that the offender be granted 970
work release from imprisonment after the offender has served the 971
three, ten, or thirty consecutive days of imprisonment or the 972
26
mandatory term of local incarceration of sixty consecutive days 973
that the court is required by division (A)(1), (2), (3), or (4) 975
of this section to impose. No court shall authorize work release 976
from imprisonment during the three, ten, or thirty consecutive 977
days of imprisonment or the mandatory term of local incarceration 978
or mandatory prison term of sixty consecutive days that the court 980
is required by division (A)(1), (2), (3), or (4) of this section 981
to impose. The duration of the work release shall not exceed the 982
time necessary each day for the offender to commute to and from 983
the place of employment and the place of imprisonment and the 984
time actually spent under employment. 985
(b) An offender who is sentenced pursuant to division 987
(A)(2) or (3) of this section to a term of imprisonment followed 988
by a period of electronically monitored house arrest is not 989
eligible for work release from imprisonment, but that person 990
shall be permitted work release during the period of 991
electronically monitored house arrest. The duration of the work 992
release shall not exceed the time necessary each day for the 993
offender to commute to and from the place of employment and the 994
offender's home or other place specified by the sentencing court 995
and the time actually spent under employment. 996
(6) Notwithstanding any section of the Revised Code that 998
authorizes the suspension of the imposition or execution of a 999
sentence, the placement of an offender in any treatment program 1,001
in lieu of imprisonment, or the use of a community control 1,002
sanction for an offender convicted of a felony, no court shall 1,003
suspend the ten or thirty consecutive days of imprisonment 1,004
required to be imposed on an offender by division (A)(2) or (3) 1,005
of this section, no court shall place an offender who is 1,006
sentenced pursuant to division (A)(2), (3), or (4) of this 1,007
section in any treatment program in lieu of imprisonment until 1,008
after the offender has served the ten or thirty consecutive days 1,009
of imprisonment or the mandatory term of local incarceration or 1,010
mandatory prison term of sixty consecutive days required to be 1,011
27
imposed pursuant to division (A)(2), (3), or (4) of this section, 1,012
no court that sentences an offender under division (A)(4) of this 1,013
section shall impose any sanction other than a mandatory term of 1,014
local incarceration or mandatory prison term to apply to the 1,015
offender until after the offender has served the mandatory term 1,016
of local incarceration or mandatory prison term of sixty 1,018
consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no court that imposes a sentence of 1,020
imprisonment and a period of electronically monitored house 1,021
arrest upon an offender under division (A)(2) or (3) of this 1,022
section shall suspend any portion of the sentence or place the 1,023
offender in any treatment program in lieu of imprisonment or 1,024
electronically monitored house arrest. Notwithstanding any 1,025
section of the Revised Code that authorizes the suspension of the 1,026
imposition or execution of a sentence or the placement of an 1,027
offender in any treatment program in lieu of imprisonment, no 1,028
court, except as specifically authorized by division (A)(1) of 1,029
this section, shall suspend the three consecutive days of 1,030
imprisonment required to be imposed by division (A)(1) of this 1,031
section or place an offender who is sentenced pursuant to 1,032
division (A)(1) of this section in any treatment program in lieu 1,033
of imprisonment until after the offender has served the three 1,034
consecutive days of imprisonment required to be imposed pursuant 1,035
to division (A)(1) of this section. 1,036
(7) No court shall sentence an offender to an alcohol 1,038
treatment program pursuant to division (A)(1), (2), (3), or (4) 1,039
of this section unless the treatment program complies with the 1,040
minimum standards adopted pursuant to Chapter 3793. of the 1,041
Revised Code by the director of alcohol and drug addiction 1,042
services. 1,043
(8) No court shall impose the alternative sentence of a 1,045
term of imprisonment of five consecutive days plus not less than 1,046
eighteen consecutive days of electronically monitored house 1,047
arrest permitted to be imposed by division (A)(2) of this 1,048
28
section, or the alternative sentence of a term of imprisonment of 1,049
fifteen consecutive days plus not less than fifty-five 1,050
consecutive days of electronically monitored house arrest 1,051
permitted to be imposed pursuant to division (A)(3) of this 1,052
section, unless within sixty days of the date of sentencing, the 1,053
court issues a written finding, entered into the record, that due 1,054
to the unavailability of space at the incarceration facility 1,055
where the offender is required to serve the term of imprisonment 1,056
imposed upon the offender, the offender will not be able to 1,057
commence serving the term of imprisonment within the sixty-day 1,059
period following the date of sentencing. If the court issues 1,060
such a finding, the court may impose the alternative sentence 1,061
comprised of a term of imprisonment and a term of electronically 1,062
monitored house arrest permitted to be imposed by division (A)(2) 1,063
or (3) of this section. 1,064
(B) Whoever violates section 4511.192, 4511.251, or 1,066
4511.85 of the Revised Code is guilty of a misdemeanor of the 1,067
first degree. The court, in addition to or independent of all 1,068
other penalties provided by law, may suspend for a period not to 1,069
exceed one year the driver's or commercial driver's license or 1,070
permit or nonresident operating privilege of any person who 1,071
pleads guilty to or is convicted of a violation of section 1,072
4511.192 of the Revised Code. 1,073
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 1,075
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 1,076
guilty of one of the following: 1,077
(1) Except as otherwise provided in division (C)(2) of 1,079
this section, a minor misdemeanor. 1,080
(2) If the offender previously has been convicted of or 1,083
pleaded guilty to one or more violations of section 4511.63, 1,084
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 1,085
Revised Code or a municipal ordinance that is substantially 1,086
similar to any of those sections, a misdemeanor of the fourth 1,089
degree.
29
(D)(1) Whoever violates any provision of sections 4511.01 1,091
to 4511.76 or section 4511.84 of the Revised Code, for which no 1,092
penalty otherwise is provided in this section is guilty of one of 1,093
the following: 1,094
(a) Except as otherwise provided in division (D)(1)(b), 1,097
(1)(c), (2), or (3) of this section, a minor misdemeanor; 1,098
(b) If, within one year of the offense, the offender 1,100
previously has been convicted of or pleaded guilty to one 1,102
violation of any provision of sections 4511.01 to 4511.76 or 1,104
section 4511.84 of the Revised Code for which no penalty 1,105
otherwise is provided in this section or a municipal ordinance 1,107
that is substantially similar to any provision of sections 1,108
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 1,109
which no penalty otherwise is provided in this section, a 1,110
misdemeanor of the fourth degree; 1,112
(c) If, within one year of the offense, the offender 1,114
previously has been convicted of or pleaded guilty to two or more 1,115
violations of any provision described in division (D)(1)(b) of 1,117
this section or any municipal ordinance that is substantially 1,118
similar to any of those provisions, a misdemeanor of the third 1,119
degree. 1,120
(2) When any person is found guilty of a first offense for 1,122
a violation of section 4511.21 of the Revised Code upon a finding 1,123
that the person operated a motor vehicle faster than thirty-five 1,125
miles an hour in a business district of a municipal corporation, 1,126
or faster than fifty miles an hour in other portions, or faster 1,127
than thirty-five miles an hour while passing through a school 1,128
zone during recess or while children are going to or leaving 1,129
school during the opening or closing hours, the person is guilty 1,130
of a misdemeanor of the fourth degree. 1,131
(3) Notwithstanding section 2929.21 of the Revised Code, 1,133
upon a finding that such person operated a motor vehicle in a 1,134
construction zone where a sign was then posted in accordance with 1,135
section 4511.98 of the Revised Code, the court, in addition to 1,136
30
all other penalties provided by law, shall impose a fine of two 1,137
times the usual amount imposed for the violation. No court shall 1,138
impose a fine of two times the usual amount imposed for the 1,139
violation upon an offender who alleges, in an affidavit filed 1,140
with the court prior to the offender's sentencing, that the 1,141
offender is indigent and is unable to pay the fine imposed 1,142
pursuant to this division, provided the court determines the 1,143
offender is an indigent person and is unable to pay the fine. 1,144
(E) Whenever a person is found guilty in a court of record 1,146
of a violation of section 4511.761, 4511.762, or 4511.77 of the 1,147
Revised Code, the trial judge, in addition to or independent of 1,148
all other penalties provided by law, may suspend for any period 1,149
of time not exceeding three years, or revoke the license of any 1,150
person, partnership, association, or corporation, issued under 1,151
section 4511.763 of the Revised Code. 1,152
(F) Whoever violates division (E) or (F) of section 1,154
4511.51, division (A), (D), or (E) of section 4511.521, section 1,155
4511.681, division (A), (C), or (F) of section 4511.69, section 1,156
4511.772, or division (A) or (B) of section 4511.82 of the 1,157
Revised Code is guilty of a minor misdemeanor. 1,158
(G) Whoever violates division (A) of section 4511.75 of 1,160
the Revised Code may be fined an amount not to exceed five 1,161
hundred dollars. A person who is issued a citation for a 1,162
violation of division (A) of section 4511.75 of the Revised Code 1,163
is not permitted to enter a written plea of guilty and waive the 1,164
person's right to contest the citation in a trial, but instead 1,165
must appear in person in the proper court to answer the charge. 1,166
(H)(1) Whoever is a resident of this state and violates 1,168
division (A) or (B) of section 4511.81 of the Revised Code shall 1,169
be punished as follows: 1,170
(a) Except as otherwise provided in division (H)(1)(b) of 1,172
this section, the offender is guilty of a minor misdemeanor. 1,174
(b) If the offender previously has been convicted of or 1,176
pleaded guilty to a violation of division (A) or (B) of section 1,177
31
4511.81 of the Revised Code or of a municipal ordinance that is 1,179
substantially similar to either of those divisions, the offender 1,180
is guilty of a misdemeanor of the fourth degree. 1,181
(2) Whoever is not a resident of this state, violates 1,183
division (A) or (B) of section 4511.81 of the Revised Code, and 1,184
fails to prove by a preponderance of the evidence that the 1,185
offender's use or nonuse of a child restraint system was in 1,186
accordance with the law of the state of which the offender is a 1,188
resident is guilty of a minor misdemeanor on a first offense; on 1,190
a second or subsequent offense, that person is guilty of a 1,191
misdemeanor of the fourth degree. 1,192
(3) Sixty-five per cent of every fine imposed pursuant to 1,194
division (H)(1) or (2) of this section shall be forwarded to the 1,195
treasurer of state for deposit in the "child highway safety fund" 1,196
created by division (G) of section 4511.81 of the Revised Code. 1,197
The balance of the fine shall be disbursed as otherwise provided 1,198
by law. 1,199
(I) Whoever violates section 4511.202 of the Revised Code 1,201
is guilty of operating a motor vehicle without being in control 1,202
of it, a minor misdemeanor. 1,203
(J) Whoever violates division (B) of section 4511.74, 1,205
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 1,206
section 4511.83 of the Revised Code is guilty of a misdemeanor of 1,207
the first degree. 1,208
(K) Except as otherwise provided in this division, whoever 1,210
violates division (E) of section 4511.11, division (A) or (C) of 1,211
section 4511.17, or section 4511.18 of the Revised Code is guilty 1,212
of a misdemeanor of the third degree. If a violation of division 1,213
(A) or (C) of section 4511.17 of the Revised Code creates a risk 1,214
of physical harm to any person, the offender is guilty of a 1,215
misdemeanor of the first degree. A violation of division (A) or 1,216
(C) of section 4511.17 of the Revised Code that causes serious 1,217
physical harm to property that is owned, leased, or controlled by 1,218
a state or local authority is a felony of the fifth degree. 1,220
32
(L) Whoever violates division (H) of section 4511.69 of 1,222
the Revised Code shall be punished as follows: 1,223
(1) Except as otherwise provided in division (L)(2) of 1,226
this section, the offender shall be issued a warning. 1,227
(2) If the offender previously has been convicted of or 1,229
pleaded guilty to a violation of division (H) of section 4511.69 1,230
of the Revised Code or of a municipal ordinance that is 1,231
substantially similar to that division, the offender shall not be 1,232
issued a warning but shall be fined twenty-five dollars for each 1,233
parking location that is not properly marked or whose markings 1,235
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 1,237
4511.45 of the Revised Code is guilty of a misdemeanor of the 1,238
fourth degree on a first offense; on a second offense within one 1,239
year after the first offense, the person is guilty of a 1,240
misdemeanor of the third degree; and on each subsequent offense 1,241
within one year after the first offense, the person is guilty of 1,242
a misdemeanor of the second degree. 1,243
(N)(1) Whoever violates division (B) of section 4511.19 of 1,246
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 1,247
(a) Except as otherwise provided in division (N)(1)(b) of 1,250
this section, the offender is guilty of a misdemeanor of the 1,252
fourth degree.
(b) If, within one year of the offense, the offender has 1,254
been convicted of or pleaded guilty to any violation of division 1,255
(A) or (B) of section 4511.19 of the Revised Code, a municipal 1,256
ordinance relating to operating a vehicle while under the 1,257
influence of alcohol, a drug of abuse, or alcohol and a drug of 1,258
abuse, a municipal ordinance relating to operating a vehicle with 1,259
a prohibited concentration of alcohol in the blood, breath, or 1,260
urine, section 2903.04 of the Revised Code in a case in which the 1,261
offender was subject to the sanctions described in division (D) 1,262
of that section, section 2903.06, 2903.07, or 2903.08 of the 1,263
33
Revised Code or a municipal ordinance that is substantially 1,264
similar to section 2903.07 of the Revised Code in a case in which 1,265
the jury or judge found that the offender was under the influence 1,266
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,267
statute of the United States or of any other state or a municipal 1,269
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 1,270
4511.19 of the Revised Code, the offender is guilty of a 1,271
misdemeanor of the third degree.
(2) In addition to or independent of all other penalties 1,273
provided by law, the offender's driver's or commercial driver's 1,274
license or permit or nonresident operating privilege shall be 1,275
suspended in accordance with, and for the period of time 1,276
specified in, division (E) of section 4507.16 of the Revised 1,277
Code. 1,278
(O) Whoever violates section 4511.62 of the Revised Code 1,281
is guilty of a misdemeanor of the fourth degree.
Section 2. That existing sections 4503.233, 4507.164, 1,283
4511.193, and 4511.99 of the Revised Code are hereby repealed. 1,284
Section 3. Section 4503.233 of the Revised Code is 1,286
presented in this act as a composite of the section as amended by 1,287
both Am. Sub. H.B. 353 and Am. Sub. H.B. 676 of the 121st General 1,289
Assembly, with the new language of neither of the acts shown in 1,291
capital letters. This is in recognition of the principle stated 1,292
in division (B) of section 1.52 of the Revised Code that such 1,293
amendments are to be harmonized where not substantively 1,294
irreconcilable and constitutes a legislative finding that such is 1,295
the resulting version in effect prior to the effective date of 1,296
this act.