As Reported by House Transportation and Public Safety Committee 1
123rd General Assembly 4
Regular Session Sub. H.B. No. 86 5
1999-2000 6
REPRESENTATIVES BATEMAN-MOTTLEY-ALLEN-BOYD-BRADING- 8
CAREY-CORBIN-MAIER-PATTON-TAYLOR-THOMAS-VESPER- 9
WINKLER-ROBERTS-KRUPINSKI-HAINES-MEAD-BENDER- 10
PATTON-PERZ-OLMAN-PERRY 11
_________________________________________________________________ 12
A B I L L
To amend section 4511.99 and to enact section 14
4511.213 of the Revised Code to require the 15
driver of a motor vehicle, upon approaching a 17
stationary public safety vehicle that is
displaying its red or blue emergency light, to 18
proceed with due caution and, if possible and 19
with due regard to the road, weather, and traffic 20
conditions, change lanes into a lane that is not
adjacent to that of the stationary public safety 21
vehicle or, if it is not possible to change lanes 22
or if to do so would be unsafe, proceed with due 23
caution, reduce the speed of the motor vehicle,
and maintain a safe speed for the road, weather, 24
and traffic conditions. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That section 4511.99 be amended and section 29
4511.213 of the Revised Code be enacted to read as follows: 31
Sec. 4511.213. (A) THE DRIVER OF A MOTOR VEHICLE, UPON 33
APPROACHING A STATIONARY PUBLIC SAFETY VEHICLE THAT IS DISPLAYING 35
A FLASHING RED LIGHT, FLASHING COMBINATION RED AND WHITE LIGHT, 36
OSCILLATING OR ROTATING RED LIGHT, OSCILLATING OR ROTATING 37
COMBINATION RED AND WHITE LIGHT, FLASHING BLUE LIGHT, FLASHING 38
COMBINATION BLUE AND WHITE LIGHT, OSCILLATING OR ROTATING BLUE 39
2
LIGHT, OR OSCILLATING OR ROTATING COMBINATION BLUE AND WHITE 40
LIGHT, SHALL DO EITHER OF THE FOLLOWING: 41
(1) IF THE DRIVER OF THE MOTOR VEHICLE IS TRAVELING ON A 43
HIGHWAY THAT CONSISTS OF AT LEAST TWO LANES THAT CARRY TRAFFIC IN 44
THE SAME DIRECTION OF TRAVEL AS THAT OF THE DRIVER'S MOTOR 45
VEHICLE, THE DRIVER SHALL PROCEED WITH DUE CAUTION AND, IF 46
POSSIBLE AND WITH DUE REGARD TO THE ROAD, WEATHER, AND TRAFFIC 47
CONDITIONS, SHALL CHANGE LANES INTO A LANE THAT IS NOT ADJACENT 48
TO THAT OF THE STATIONARY PUBLIC SAFETY VEHICLE. 49
(2) IF THE DRIVER IS NOT TRAVELING ON A HIGHWAY OF A TYPE 51
DESCRIBED IN DIVISION (A)(1) OF THIS SECTION, OR IF THE DRIVER IS 52
TRAVELING ON A HIGHWAY OF THAT TYPE BUT IT IS NOT POSSIBLE TO 53
CHANGE LANES OR IF TO DO SO WOULD BE UNSAFE, THE DRIVER SHALL 55
PROCEED WITH DUE CAUTION, REDUCE THE SPEED OF THE MOTOR VEHICLE, 56
AND MAINTAIN A SAFE SPEED FOR THE ROAD, WEATHER, AND TRAFFIC 57
CONDITIONS. 58
(B) THIS SECTION DOES NOT RELIEVE THE DRIVER OF A PUBLIC 60
SAFETY VEHICLE FROM THE DUTY TO DRIVE WITH DUE REGARD FOR THE 61
SAFETY OF ALL PERSONS AND PROPERTY UPON THE HIGHWAY. 62
(C) NO PERSON SHALL FAIL TO DRIVE A MOTOR VEHICLE IN 64
COMPLIANCE WITH DIVISION (A)(1) OR (2) OF THIS SECTION WHEN SO 65
REQUIRED BY DIVISION (A) OF THIS SECTION. 66
(D) AS USED IN THIS SECTION, "PUBLIC SAFETY VEHICLE" HAS 68
THE SAME MEANING AS IN SECTION 4511.01 OF THE REVISED CODE. 69
Sec. 4511.99. (A) Whoever violates division (A) of 78
section 4511.19 of the Revised Code, in addition to the license 79
suspension or revocation provided in section 4507.16 of the 80
Revised Code and any disqualification imposed under section 81
4506.16 of the Revised Code, shall be punished as provided in 82
division (A)(1), (2), (3), or (4) of this section. 83
(1) Except as otherwise provided in division (A)(2), (3), 85
or (4) of this section, the offender is guilty of a misdemeanor 86
of the first degree and the court shall sentence the offender to 87
a term of imprisonment of three consecutive days and may sentence 88
3
the offender pursuant to section 2929.21 of the Revised Code to a 89
longer term of imprisonment. In addition, the court shall impose 90
upon the offender a fine of not less than two hundred and not 91
more than one thousand dollars. 92
The court may suspend the execution of the mandatory three 94
consecutive days of imprisonment that it is required to impose by 95
this division, if the court, in lieu of the suspended term of 96
imprisonment, places the offender on probation and requires the 97
offender to attend, for three consecutive days, a drivers' 98
intervention program that is certified pursuant to section 99
3793.10 of the Revised Code. The court also may suspend the 100
execution of any part of the mandatory three consecutive days of 101
imprisonment that it is required to impose by this division, if 102
the court places the offender on probation for part of the three 103
consecutive days; requires the offender to attend, for that part 104
of the three consecutive days, a drivers' intervention program 105
that is certified pursuant to section 3793.10 of the Revised 106
Code; and sentences the offender to a term of imprisonment equal 107
to the remainder of the three consecutive days that the offender 108
does not spend attending the drivers' intervention program. The 109
court may require the offender, as a condition of probation, to 110
attend and satisfactorily complete any treatment or education 111
programs that comply with the minimum standards adopted pursuant 112
to Chapter 3793. of the Revised Code by the director of alcohol 113
and drug addiction services, in addition to the required 114
attendance at a drivers' intervention program, that the operators 115
of the drivers' intervention program determine that the offender 116
should attend and to report periodically to the court on the 117
offender's progress in the programs. The court also may impose 118
any other conditions of probation on the offender that it 119
considers necessary. 120
Of the fine imposed pursuant to this division, twenty-five 122
dollars shall be paid to an enforcement and education fund 123
established by the legislative authority of the law enforcement 124
4
agency in this state that primarily was responsible for the 125
arrest of the offender, as determined by the court that imposes 126
the fine. This share shall be used by the agency to pay only 127
those costs it incurs in enforcing section 4511.19 of the Revised 128
Code or a substantially similar municipal ordinance and in 129
informing the public of the laws governing the operation of a 130
motor vehicle while under the influence of alcohol, the dangers 131
of operating a motor vehicle while under the influence of 132
alcohol, and other information relating to the operation of a 133
motor vehicle and the consumption of alcoholic beverages. 134
Twenty-five dollars of the fine imposed pursuant to this division 135
shall be deposited into the county indigent drivers alcohol 136
treatment fund or municipal indigent drivers alcohol treatment 137
fund under the control of that court, as created by the county or 138
municipal corporation pursuant to division (N) of section 139
4511.191 of the Revised Code. The balance of the fine shall be 140
disbursed as otherwise provided by law. 141
(2)(a) Except as otherwise provided in division (A)(4) of 144
this section, if, within six years of the offense, the offender 145
has been convicted of or pleaded guilty to one violation of 146
division (A) or (B) of section 4511.19 of the Revised Code, a 147
municipal ordinance relating to operating a vehicle while under 148
the influence of alcohol, a drug of abuse, or alcohol and a drug 149
of abuse, a municipal ordinance relating to operating a vehicle 150
with a prohibited concentration of alcohol in the blood, breath, 151
or urine, section 2903.04 of the Revised Code in a case in which 152
the offender was subject to the sanctions described in division 153
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 155
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 156
the jury or judge found that the offender was under the influence 157
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 158
statute of the United States or of any other state or a municipal 160
ordinance of a municipal corporation located in any other state
5
that is substantially similar to division (A) or (B) of section 161
4511.19 of the Revised Code, the offender is guilty of a 162
misdemeanor of the first degree and, except as provided in this 163
division, the court shall sentence the offender to a term of 164
imprisonment of ten consecutive days and may sentence the 165
offender pursuant to section 2929.21 of the Revised Code to a 166
longer term of imprisonment. As an alternative to the term of 167
imprisonment required to be imposed by this division, but subject 168
to division (A)(8) of this section, the court may impose upon the 169
offender a sentence consisting of both a term of imprisonment of 170
five consecutive days and not less than eighteen consecutive days 171
of electronically monitored house arrest as defined in division 172
(A) of section 2929.23 of the Revised Code. The five consecutive 173
days of imprisonment and the period of electronically monitored 174
house arrest shall not exceed six months. The five consecutive 175
days of imprisonment do not have to be served prior to or 176
consecutively with the period of electronically monitored house 177
arrest.
In addition, the court shall impose upon the offender a 179
fine of not less than three hundred and not more than one 180
thousand five hundred dollars. 181
In addition to any other sentence that it imposes upon the 183
offender, the court may require the offender to attend a drivers' 184
intervention program that is certified pursuant to section 185
3793.10 of the Revised Code. If the officials of the drivers' 186
intervention program determine that the offender is alcohol 187
dependent, they shall notify the court, and the court shall order 188
the offender to obtain treatment through an alcohol and drug 189
addiction program authorized by section 3793.02 of the Revised 190
Code. The cost of the treatment shall be paid by the offender. 191
Of the fine imposed pursuant to this division, thirty-five 193
dollars shall be paid to an enforcement and education fund 194
established by the legislative authority of the law enforcement 195
agency in this state that primarily was responsible for the 196
6
arrest of the offender, as determined by the court that imposes 197
the fine. This share shall be used by the agency to pay only 198
those costs it incurs in enforcing division (A) of section 199
4511.19 of the Revised Code or a substantially similar municipal 200
ordinance and in informing the public of the laws governing the 201
operation of a motor vehicle while under the influence of 202
alcohol, the dangers of operating a motor vehicle while under the 203
influence of alcohol, and other information relating to the 204
operation of a motor vehicle and the consumption of alcoholic 205
beverages. Sixty-five dollars of the fine imposed pursuant to 206
this division shall be paid to the political subdivision 207
responsible for housing the offender during the offender's term 209
of incarceration. This share shall be used by the political 210
subdivision to pay or reimburse incarceration costs it incurs in 211
housing persons who violate section 4511.19 of the Revised Code 212
or a substantially similar municipal ordinance and to pay for 213
ignition interlock devices and electronic house arrest equipment 214
for persons who violate that section, and shall be paid to the 215
credit of the fund that pays the cost of the incarceration. 216
Fifty dollars of the fine imposed pursuant to this division shall 217
be deposited into the county indigent drivers alcohol treatment 218
fund or municipal indigent drivers alcohol treatment fund under 219
the control of that court, as created by the county or municipal 220
corporation pursuant to division (N) of section 4511.191 of the 221
Revised Code. The balance of the fine shall be disbursed as 222
otherwise provided by law. 223
(b) Regardless of whether the vehicle the offender was 225
operating at the time of the offense is registered in the 226
offender's name or in the name of another person, the court, in 228
addition to the penalties imposed under division (A)(2)(a) of 229
this section and all other penalties provided by law and subject 230
to section 4503.235 of the Revised Code, shall order the 231
immobilization for ninety days of the vehicle the offender was 232
operating at the time of the offense and the impoundment for 233
7
ninety days of the identification license plates of that vehicle. 234
The order for the immobilization and impoundment shall be issued 235
and enforced in accordance with section 4503.233 of the Revised 236
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 239
this section, if, within six years of the offense, the offender 240
has been convicted of or pleaded guilty to two violations of 241
division (A) or (B) of section 4511.19 of the Revised Code, a 242
municipal ordinance relating to operating a vehicle while under 243
the influence of alcohol, a drug of abuse, or alcohol and a drug 244
of abuse, a municipal ordinance relating to operating a vehicle 245
with a prohibited concentration of alcohol in the blood, breath, 246
or urine, section 2903.04 of the Revised Code in a case in which 247
the offender was subject to the sanctions described in division 248
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 250
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 251
the jury or judge found that the offender was under the influence 252
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 254
statute of the United States or of any other state or a municipal 255
ordinance of a municipal corporation located in any other state 256
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, except as provided in this division, 257
the court shall sentence the offender to a term of imprisonment 258
of thirty consecutive days and may sentence the offender to a 259
longer definite term of imprisonment of not more than one year. 260
As an alternative to the term of imprisonment required to be 261
imposed by this division, but subject to division (A)(8) of this 262
section, the court may impose upon the offender a sentence 263
consisting of both a term of imprisonment of fifteen consecutive 264
days and not less than fifty-five consecutive days of 265
electronically monitored house arrest as defined in division (A) 266
of section 2929.23 of the Revised Code. The fifteen consecutive 267
days of imprisonment and the period of electronically monitored 268
8
house arrest shall not exceed one year. The fifteen consecutive 269
days of imprisonment do not have to be served prior to or 270
consecutively with the period of electronically monitored house 271
arrest.
In addition, the court shall impose upon the offender a 273
fine of not less than five hundred and not more than two thousand 274
five hundred dollars. 275
In addition to any other sentence that it imposes upon the 277
offender, the court shall require the offender to attend an 278
alcohol and drug addiction program authorized by section 3793.02 279
of the Revised Code. The cost of the treatment shall be paid by 280
the offender. If the court determines that the offender is 281
unable to pay the cost of attendance at the treatment program, 283
the court may order that payment of the cost of the offender's 284
attendance at the treatment program be made from that court's 285
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 287
twenty-three dollars shall be paid to an enforcement and 288
education fund established by the legislative authority of the 289
law enforcement agency in this state that primarily was 290
responsible for the arrest of the offender, as determined by the 291
court that imposes the fine. This share shall be used by the 292
agency to pay only those costs it incurs in enforcing section 293
4511.19 of the Revised Code or a substantially similar municipal 294
ordinance and in informing the public of the laws governing the 295
operation of a motor vehicle while under the influence of 296
alcohol, the dangers of operating a motor vehicle while under the 297
influence of alcohol, and other information relating to the 298
operation of a motor vehicle and the consumption of alcoholic 299
beverages. Two hundred twenty-seven dollars of the fine imposed 300
pursuant to this division shall be paid to the political 301
subdivision responsible for housing the offender during the 302
offender's term of incarceration. This share shall be used by 304
the political subdivision to pay or reimburse incarceration costs 305
9
it incurs in housing persons who violate division (A) of section 306
4511.19 of the Revised Code or a substantially similar municipal 307
ordinance and to pay for ignition interlock devices and 308
electronic house arrest equipment for persons who violate that 309
section and shall be paid to the credit of the fund that pays the 310
cost of incarceration. The balance of the fine shall be 311
disbursed as otherwise provided by law. 312
(b) Regardless of whether the vehicle the offender was 314
operating at the time of the offense is registered in the 315
offender's name or in the name of another person, the court, in 317
addition to the penalties imposed under division (A)(3)(a) of 318
this section and all other penalties provided by law and subject 319
to section 4503.235 of the Revised Code, shall order the 320
immobilization for one hundred eighty days of the vehicle the 321
offender was operating at the time of the offense and the 322
impoundment for one hundred eighty days of the identification 323
license plates of that vehicle. The order for the immobilization 324
and impoundment shall be issued and enforced in accordance with 325
section 4503.233 of the Revised Code. 326
(4)(a) If, within six years of the offense, the offender 328
has been convicted of or pleaded guilty to three or more 329
violations of division (A) or (B) of section 4511.19 of the 330
Revised Code, a municipal ordinance relating to operating a 331
vehicle while under the influence of alcohol, a drug of abuse, or 332
alcohol and a drug of abuse, a municipal ordinance relating to 333
operating a vehicle with a prohibited concentration of alcohol in 334
the blood, breath, or urine, section 2903.04 of the Revised Code 335
in a case in which the offender was subject to the sanctions 336
described in division (D) of that section, section 2903.06, 337
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 338
that is substantially similar to section 2903.07 of the Revised 339
Code in a case in which the jury or judge found that the offender 340
was under the influence of alcohol, a drug of abuse, or alcohol 341
and a drug of abuse, or a statute of the United States or of any 343
10
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to 344
division (A) or (B) of section 4511.19 of the Revised Code, or if 345
the offender previously has been convicted of or pleaded guilty 346
to a violation of division (A) of section 4511.19 of the Revised 347
Code under circumstances in which the violation was a felony and 348
regardless of when the violation and the conviction or guilty 349
plea occurred, the offender is guilty of a felony of the fourth 350
degree. The court shall sentence the offender in accordance with 351
sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration 352
of sixty consecutive days of imprisonment in accordance with 353
division (G)(1) of section 2929.13 of the Revised Code or a 354
mandatory prison term of sixty consecutive days of imprisonment 355
in accordance with division (G)(2) of that section, whichever is 356
applicable. If the offender is required to serve a mandatory 357
term of local incarceration of sixty consecutive days of 358
imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 359
2929.17 of the Revised Code, may impose upon the offender a 361
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house 362
arrest shall not commence until after the offender has served the 363
mandatory term of local incarceration. 364
In addition to all other sanctions imposed, the court shall 366
impose upon the offender, pursuant to section 2929.18 of the 367
Revised Code, a fine of not less than seven hundred fifty nor 368
more than ten thousand dollars. 369
In addition to any other sanction that it imposes upon the 372
offender, the court shall require the offender to attend an 374
alcohol and drug addiction program authorized by section 3793.02 375
of the Revised Code. The cost of the treatment shall be paid by 376
the offender. If the court determines that the offender is 377
unable to pay the cost of attendance at the treatment program, 378
11
the court may order that payment of the cost of the offender's 379
attendance at the treatment program be made from the court's 380
indigent drivers alcohol treatment fund. 381
Of the fine imposed pursuant to this division, two hundred 383
ten dollars shall be paid to an enforcement and education fund 384
established by the legislative authority of the law enforcement 385
agency in this state that primarily was responsible for the 386
arrest of the offender, as determined by the court that imposes 387
the fine. This share shall be used by the agency to pay only 388
those costs it incurs in enforcing section 4511.19 of the Revised 389
Code or a substantially similar municipal ordinance and in 390
informing the public of the laws governing operation of a motor 391
vehicle while under the influence of alcohol, the dangers of 392
operation of a motor vehicle while under the influence of 393
alcohol, and other information relating to the operation of a 394
motor vehicle and the consumption of alcoholic beverages. Three 395
hundred ninety dollars of the fine imposed pursuant to this 396
division shall be paid to the political subdivision responsible 397
for housing the offender during the offender's term of 398
incarceration. This share shall be used by the political 400
subdivision to pay or reimburse incarceration costs it incurs in 401
housing persons who violate division (A) of section 4511.19 of 402
the Revised Code or a substantially similar municipal ordinance 403
and to pay for ignition interlock devices and electronic house 404
arrest equipment for persons who violate that section, and shall 405
be paid to the credit of the fund that pays the cost of 406
incarceration. The balance of the fine shall be disbursed as 407
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 409
operating at the time of the offense is registered in the 410
offender's name or in the name of another person, the court, in 412
addition to the sanctions imposed under division (A)(4)(a) of 413
this section and all other sanctions provided by law and subject 415
to section 4503.235 of the Revised Code, shall order the criminal 417
12
forfeiture to the state of the vehicle the offender was operating 418
at the time of the offense. The order of criminal forfeiture 419
shall be issued and enforced in accordance with section 4503.234 420
of the Revised Code. 421
(c) As used in division (A)(4)(a) of this section, 424
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 426
the Revised Code.
If title to a motor vehicle that is subject to an order for 428
criminal forfeiture under this section is assigned or transferred 429
and division (C)(2) or (3) of section 4503.234 of the Revised 430
Code applies, in addition to or independent of any other penalty 431
established by law, the court may fine the offender the value of 432
the vehicle as determined by publications of the national auto 433
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 434
(D)(4) of section 4503.234 of the Revised Code. 435
(5)(a) Except as provided in division (A)(5)(b) of this 437
section, upon a showing that imprisonment would seriously affect 438
the ability of an offender sentenced pursuant to division (A)(1), 439
(2), (3), or (4) of this section to continue the offender's 440
employment, the court may authorize that the offender be granted 442
work release from imprisonment after the offender has served the 443
three, ten, or thirty consecutive days of imprisonment or the 444
mandatory term of local incarceration of sixty consecutive days 445
that the court is required by division (A)(1), (2), (3), or (4) 447
of this section to impose. No court shall authorize work release 448
from imprisonment during the three, ten, or thirty consecutive 449
days of imprisonment or the mandatory term of local incarceration 450
or mandatory prison term of sixty consecutive days that the court 452
is required by division (A)(1), (2), (3), or (4) of this section 453
to impose. The duration of the work release shall not exceed the 454
time necessary each day for the offender to commute to and from 455
the place of employment and the place of imprisonment and the 456
13
time actually spent under employment. 457
(b) An offender who is sentenced pursuant to division 459
(A)(2) or (3) of this section to a term of imprisonment followed 460
by a period of electronically monitored house arrest is not 461
eligible for work release from imprisonment, but that person 462
shall be permitted work release during the period of 463
electronically monitored house arrest. The duration of the work 464
release shall not exceed the time necessary each day for the 465
offender to commute to and from the place of employment and the 466
offender's home or other place specified by the sentencing court 467
and the time actually spent under employment. 468
(6) Notwithstanding any section of the Revised Code that 470
authorizes the suspension of the imposition or execution of a 471
sentence, the placement of an offender in any treatment program 473
in lieu of imprisonment, or the use of a community control 474
sanction for an offender convicted of a felony, no court shall 475
suspend the ten or thirty consecutive days of imprisonment 476
required to be imposed on an offender by division (A)(2) or (3) 477
of this section, no court shall place an offender who is 478
sentenced pursuant to division (A)(2), (3), or (4) of this 479
section in any treatment program in lieu of imprisonment until 480
after the offender has served the ten or thirty consecutive days 481
of imprisonment or the mandatory term of local incarceration or 482
mandatory prison term of sixty consecutive days required to be 483
imposed pursuant to division (A)(2), (3), or (4) of this section, 484
no court that sentences an offender under division (A)(4) of this 485
section shall impose any sanction other than a mandatory term of 486
local incarceration or mandatory prison term to apply to the 487
offender until after the offender has served the mandatory term 488
of local incarceration or mandatory prison term of sixty 490
consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no court that imposes a sentence of 492
imprisonment and a period of electronically monitored house 493
arrest upon an offender under division (A)(2) or (3) of this 494
14
section shall suspend any portion of the sentence or place the 495
offender in any treatment program in lieu of imprisonment or 496
electronically monitored house arrest. Notwithstanding any 497
section of the Revised Code that authorizes the suspension of the 498
imposition or execution of a sentence or the placement of an 499
offender in any treatment program in lieu of imprisonment, no 500
court, except as specifically authorized by division (A)(1) of 501
this section, shall suspend the three consecutive days of 502
imprisonment required to be imposed by division (A)(1) of this 503
section or place an offender who is sentenced pursuant to 504
division (A)(1) of this section in any treatment program in lieu 505
of imprisonment until after the offender has served the three 506
consecutive days of imprisonment required to be imposed pursuant 507
to division (A)(1) of this section. 508
(7) No court shall sentence an offender to an alcohol 510
treatment program pursuant to division (A)(1), (2), (3), or (4) 511
of this section unless the treatment program complies with the 512
minimum standards adopted pursuant to Chapter 3793. of the 513
Revised Code by the director of alcohol and drug addiction 514
services. 515
(8) No court shall impose the alternative sentence of a 517
term of imprisonment of five consecutive days plus not less than 518
eighteen consecutive days of electronically monitored house 519
arrest permitted to be imposed by division (A)(2) of this 520
section, or the alternative sentence of a term of imprisonment of 521
fifteen consecutive days plus not less than fifty-five 522
consecutive days of electronically monitored house arrest 523
permitted to be imposed pursuant to division (A)(3) of this 524
section, unless within sixty days of the date of sentencing, the 525
court issues a written finding, entered into the record, that due 526
to the unavailability of space at the incarceration facility 527
where the offender is required to serve the term of imprisonment 528
imposed upon the offender, the offender will not be able to 529
commence serving the term of imprisonment within the sixty-day 531
15
period following the date of sentencing. If the court issues 532
such a finding, the court may impose the alternative sentence 533
comprised of a term of imprisonment and a term of electronically 534
monitored house arrest permitted to be imposed by division (A)(2) 535
or (3) of this section. 536
(B) Whoever violates section 4511.192, 4511.251, or 538
4511.85 of the Revised Code is guilty of a misdemeanor of the 539
first degree. The court, in addition to or independent of all 540
other penalties provided by law, may suspend for a period not to 541
exceed one year the driver's or commercial driver's license or 542
permit or nonresident operating privilege of any person who 543
pleads guilty to or is convicted of a violation of section 544
4511.192 of the Revised Code. 545
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 547
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 548
guilty of one of the following: 549
(1) Except as otherwise provided in division (C)(2) of 551
this section, a minor misdemeanor. 552
(2) If the offender previously has been convicted of or 555
pleaded guilty to one or more violations of section 4511.63, 556
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 557
Revised Code or a municipal ordinance that is substantially 558
similar to any of those sections, a misdemeanor of the fourth 561
degree.
(D)(1) Whoever violates any provision of sections 4511.01 563
to 4511.76 or section 4511.84 of the Revised Code, for which no 564
penalty otherwise is provided in this section is guilty of one of 565
the following: 566
(a) Except as otherwise provided in division (D)(1)(b), 569
(1)(c), (2), or (3) of this section, a minor misdemeanor; 570
(b) If, within one year of the offense, the offender 572
previously has been convicted of or pleaded guilty to one 574
violation of any provision of sections 4511.01 to 4511.76 or 576
section 4511.84 of the Revised Code for which no penalty 577
16
otherwise is provided in this section or a municipal ordinance 579
that is substantially similar to any provision of sections 580
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 581
which no penalty otherwise is provided in this section, a 582
misdemeanor of the fourth degree; 584
(c) If, within one year of the offense, the offender 586
previously has been convicted of or pleaded guilty to two or more 587
violations of any provision described in division (D)(1)(b) of 589
this section or any municipal ordinance that is substantially 590
similar to any of those provisions, a misdemeanor of the third 591
degree. 592
(2) When any person is found guilty of a first offense for 594
a violation of section 4511.21 of the Revised Code upon a finding 595
that the person operated a motor vehicle faster than thirty-five 597
miles an hour in a business district of a municipal corporation, 598
or faster than fifty miles an hour in other portions, or faster 599
than thirty-five miles an hour while passing through a school 600
zone during recess or while children are going to or leaving 601
school during the opening or closing hours, the person is guilty 602
of a misdemeanor of the fourth degree. 603
(3) Notwithstanding section 2929.21 of the Revised Code, 605
upon a finding that such person operated a motor vehicle in a 606
construction zone where a sign was then posted in accordance with 607
section 4511.98 of the Revised Code, the court, in addition to 608
all other penalties provided by law, shall impose a fine of two 609
times the usual amount imposed for the violation. No court shall 610
impose a fine of two times the usual amount imposed for the 611
violation upon an offender who alleges, in an affidavit filed 612
with the court prior to the offender's sentencing, that the 613
offender is indigent and is unable to pay the fine imposed 614
pursuant to this division, provided the court determines the 615
offender is an indigent person and is unable to pay the fine. 616
(E) Whenever a person is found guilty in a court of record 618
of a violation of section 4511.761, 4511.762, or 4511.77 of the 619
17
Revised Code, the trial judge, in addition to or independent of 620
all other penalties provided by law, may suspend for any period 621
of time not exceeding three years, or revoke the license of any 622
person, partnership, association, or corporation, issued under 623
section 4511.763 of the Revised Code. 624
(F) Whoever violates division (E) or (F) of section 626
4511.51, division (A), (D), or (E) of section 4511.521, section 627
4511.681, division (A), (C), or (F) of section 4511.69, section 628
4511.772, or division (A) or (B) of section 4511.82 of the 629
Revised Code is guilty of a minor misdemeanor. 630
(G) Whoever violates division (A) of section 4511.75 of 632
the Revised Code may be fined an amount not to exceed five 633
hundred dollars. A person who is issued a citation for a 634
violation of division (A) of section 4511.75 of the Revised Code 635
is not permitted to enter a written plea of guilty and waive the 636
person's right to contest the citation in a trial, but instead 637
must appear in person in the proper court to answer the charge. 638
(H)(1) Whoever is a resident of this state and violates 640
division (A) or (B) of section 4511.81 of the Revised Code shall 641
be punished as follows: 642
(a) Except as otherwise provided in division (H)(1)(b) of 644
this section, the offender is guilty of a minor misdemeanor. 646
(b) If the offender previously has been convicted of or 648
pleaded guilty to a violation of division (A) or (B) of section 649
4511.81 of the Revised Code or of a municipal ordinance that is 651
substantially similar to either of those divisions, the offender 652
is guilty of a misdemeanor of the fourth degree. 653
(2) Whoever is not a resident of this state, violates 655
division (A) or (B) of section 4511.81 of the Revised Code, and 656
fails to prove by a preponderance of the evidence that the 657
offender's use or nonuse of a child restraint system was in 658
accordance with the law of the state of which the offender is a 660
resident is guilty of a minor misdemeanor on a first offense; on 662
a second or subsequent offense, that person is guilty of a 663
18
misdemeanor of the fourth degree. 664
(3) Sixty-five per cent of every fine imposed pursuant to 666
division (H)(1) or (2) of this section shall be forwarded to the 667
treasurer of state for deposit in the "child highway safety fund" 668
created by division (G) of section 4511.81 of the Revised Code. 669
The balance of the fine shall be disbursed as otherwise provided 670
by law. 671
(I) Whoever violates section 4511.202 of the Revised Code 673
is guilty of operating a motor vehicle without being in control 674
of it, a minor misdemeanor. 675
(J) Whoever violates division (B) of section 4511.74, 677
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 678
section 4511.83 of the Revised Code is guilty of a misdemeanor of 679
the first degree. 680
(K) Except as otherwise provided in this division, whoever 682
violates division (E) of section 4511.11, division (A) or (C) of 683
section 4511.17, or section 4511.18 of the Revised Code is guilty 684
of a misdemeanor of the third degree. If a violation of division 685
(A) or (C) of section 4511.17 of the Revised Code creates a risk 686
of physical harm to any person, the offender is guilty of a 687
misdemeanor of the first degree. A violation of division (A) or 688
(C) of section 4511.17 of the Revised Code that causes serious 689
physical harm to property that is owned, leased, or controlled by 690
a state or local authority is a felony of the fifth degree. 692
(L) Whoever violates division (H) of section 4511.69 of 694
the Revised Code shall be punished as follows: 695
(1) Except as otherwise provided in division (L)(2) of 698
this section, the offender shall be issued a warning. 699
(2) If the offender previously has been convicted of or 701
pleaded guilty to a violation of division (H) of section 4511.69 702
of the Revised Code or of a municipal ordinance that is 703
substantially similar to that division, the offender shall not be 704
issued a warning but shall be fined twenty-five dollars for each 705
parking location that is not properly marked or whose markings 707
19
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 709
4511.45 of the Revised Code is guilty of a misdemeanor of the 710
fourth degree on a first offense; on a second offense within one 711
year after the first offense, the person is guilty of a 712
misdemeanor of the third degree; and on each subsequent offense 713
within one year after the first offense, the person is guilty of 714
a misdemeanor of the second degree. 715
(N)(1) Whoever violates division (B) of section 4511.19 of 718
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 719
(a) Except as otherwise provided in division (N)(1)(b) of 722
this section, the offender is guilty of a misdemeanor of the 724
fourth degree.
(b) If, within one year of the offense, the offender has 726
been convicted of or pleaded guilty to any violation of division 727
(A) or (B) of section 4511.19 of the Revised Code, a municipal 728
ordinance relating to operating a vehicle while under the 729
influence of alcohol, a drug of abuse, or alcohol and a drug of 730
abuse, a municipal ordinance relating to operating a vehicle with 731
a prohibited concentration of alcohol in the blood, breath, or 732
urine, section 2903.04 of the Revised Code in a case in which the 733
offender was subject to the sanctions described in division (D) 734
of that section, section 2903.06, 2903.07, or 2903.08 of the 735
Revised Code or a municipal ordinance that is substantially 736
similar to section 2903.07 of the Revised Code in a case in which 737
the jury or judge found that the offender was under the influence 738
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 739
statute of the United States or of any other state or a municipal 741
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 742
4511.19 of the Revised Code, the offender is guilty of a 743
misdemeanor of the third degree.
(2) In addition to or independent of all other penalties 745
20
provided by law, the offender's driver's or commercial driver's 746
license or permit or nonresident operating privilege shall be 747
suspended in accordance with, and for the period of time 748
specified in, division (E) of section 4507.16 of the Revised 749
Code. 750
(O) Whoever violates section 4511.62 of the Revised Code 753
is guilty of a misdemeanor of the fourth degree.
(P) NOTWITHSTANDING SECTION 2929.21 OF THE REVISED CODE, 755
UPON A FINDING THAT A PERSON OPERATED A MOTOR VEHICLE IN 756
VIOLATION OF DIVISION (C) OF SECTION 4511.213 OF THE REVISED 757
CODE, THE COURT, IN ADDITION TO ALL OTHER PENALTIES PROVIDED BY 758
LAW, SHALL IMPOSE A FINE OF TWO TIMES THE AMOUNT USUALLY IMPOSED
FOR A MOTOR VEHICLE MOVING VIOLATION THAT IS THE SAME DEGREE OF 759
MISDEMEANOR OFFENSE AS THE INSTANT VIOLATION OF DIVISION (C) OF 760
SECTION 4511.213 OF THE REVISED CODE.
Section 2. That existing section 4511.99 of the Revised 762
Code is hereby repealed. 763