SENATORS Oelslager, Mead
A BILL
To amend sections 9.981, 119.062, 733.40, 1547.11,
1547.111,
1547.99, 1901.024, 1901.31, 1905.01,
1905.201, 1907.20, 2151.354, 2152.19, 2152.21,
2743.191, 2743.51,
2743.52, 2903.04, 2903.06,
2903.08,
2907.24,
2919.22, 2921.331, 2923.01,
2923.122, 2925.01,
2925.02, 2925.03, 2925.04,
2925.05, 2925.06,
2925.11, 2925.12,
2925.13,
2925.14,
2925.22, 2925.23, 2925.31, 2925.32,
2925.36,
2925.37,
2925.38, 2929.01, 2929.13,
2929.14,
2929.15, 2929.16, 2929.17,
2929.18,
2929.19,
2929.23, 2929.41, 2935.03, 2935.27,
2937.221,
2937.222, 2937.46, 2937.99, 2951.02,
2953.31,
2953.36, 3123.55, 3123.58, 3123.59,
3123.613, 3123.614,
3327.10, 3793.02, 3793.10,
3937.31,
4301.99, 4501.01, 4501.022, 4501.17,
4501.19,
4501.25, 4503.033, 4503.05, 4503.061,
4503.066,
4503.10,
4503.102, 4503.11, 4503.12,
4503.182,
4503.19, 4503.21, 4503.231,
4503.233,
4503.234,
4503.236, 4503.28, 4503.30, 4503.301,
4503.32,
4503.34, 4503.39, 4503.44, 4503.46,
4503.47,
4503.471, 4505.101, 4505.102,
4505.11,
4505.111,
4505.15,
4505.17, 4505.18, 4505.19,
4505.20,
4505.21, 4505.99, 4506.01, 4506.02,
4506.03,
4506.04,
4506.05, 4506.06, 4506.10,
4506.11,
4506.12, 4506.14, 4506.15,
4506.16,
4506.17,
4506.18, 4506.19, 4506.20, 4506.99,
4507.02,
4507.022, 4507.023, 4507.05, 4507.06,
4507.061,
4507.071,
4507.08, 4507.081, 4507.111,
4507.12, 4507.13,
4507.14, 4507.15, 4507.16,
4507.161, 4507.162,
4507.163, 4507.164, 4507.167,
4507.168, 4507.169,
4507.1610, 4507.1611,
4507.1613, 4507.17, 4507.19,
4507.20, 4507.21,
4507.25,
4507.27, 4507.28,
4507.29, 4507.30,
4507.31, 4507.321, 4507.33,
4507.34, 4507.35,
4507.36, 4507.361, 4507.38,
4507.45, 4507.50,
4507.52, 4507.54, 4507.55,
4507.61, 4507.62,
4507.63, 4507.99, 4508.03, 4508.04, 4508.06,
4509.02, 4509.101,
4509.17,
4509.24, 4509.291,
4509.33, 4509.34,
4509.35, 4509.37, 4509.40,
4509.42, 4509.45,
4509.74, 4509.77, 4509.78,
4509.79, 4509.80,
4509.81, 4511.01, 4511.03,
4511.051, 4511.11,
4511.12, 4511.132,
4511.16,
4511.17, 4511.18,
4511.19, 4511.191, 4511.192,
4511.193,
4511.195,
4511.196, 4511.20, 4511.201,
4511.202, 4511.21,
4511.211, 4511.213, 4511.22,
4511.23, 4511.25, 4511.251,
4511.26, 4511.27,
4511.28, 4511.29, 4511.30,
4511.31, 4511.32,
4511.33, 4511.34,
4511.35,
4511.36, 4511.37,
4511.38, 4511.39, 4511.40,
4511.41,
4511.42,
4511.43, 4511.431, 4511.432,
4511.44, 4511.441,
4511.45,
4511.451, 4511.452,
4511.46, 4511.47,
4511.48, 4511.481, 4511.49,
4511.50, 4511.51,
4511.511, 4511.521, 4511.53,
4511.54, 4511.55,
4511.56, 4511.57, 4511.58,
4511.59, 4511.60,
4511.61, 4511.62,
4511.63,
4511.64, 4511.66,
4511.661, 4511.68, 4511.681,
4511.69,
4511.70,
4511.701, 4511.71, 4511.711,
4511.712, 4511.713,
4511.72,
4511.73, 4511.74,
4511.75, 4511.751,
4511.76, 4511.761, 4511.762,
4511.763, 4511.764,
4511.77, 4511.771, 4511.772,
4511.78, 4511.79,
4511.81, 4511.82, 4511.84,
4511.85, 4511.951,
4511.99, 4513.02,
4513.021,
4513.022, 4513.03,
4513.04, 4513.05, 4513.06,
4513.07,
4513.071,
4513.09, 4513.10, 4513.11, 4513.111,
4513.12,
4513.13, 4513.14,
4513.15, 4513.16,
4513.17,
4513.171, 4513.18, 4513.182, 4513.19,
4513.20,
4513.201, 4513.202, 4513.21, 4513.22,
4513.23,
4513.24,
4513.241, 4513.242, 4513.25,
4513.26,
4513.261, 4513.262,
4513.263, 4513.27,
4513.28,
4513.29,
4513.30, 4513.31, 4513.32,
4513.34,
4513.36,
4513.361, 4513.51, 4513.60, 4513.64,
4513.65,
4513.99,
4517.02, 4517.03, 4517.19,
4517.20,
4517.21, 4517.22, 4517.23,
4517.24,
4517.25,
4517.26, 4517.27, 4517.40, 4517.41,
4517.42,
4517.43, 4517.44, 4517.45, 4517.64,
4517.99,
4519.02, 4519.05,
4519.06, 4519.20,
4519.22,
4519.40, 4519.41, 4519.44, 4519.45,
4519.52,
4519.66, 4519.67, 4549.01, 4549.02,
4549.021,
4549.03, 4549.042, 4549.08, 4549.10,
4549.11,
4549.12, 4549.18,
4549.42, 4549.43,
4549.44,
4549.45, 4549.451, 4549.46, 4549.62,
4551.04,
4561.11, 4561.12, 4561.14, 4561.15,
4561.22,
4561.24,
4561.31, 4561.99, 4563.09,
4563.10,
4563.20, 4582.06, 4582.31,
4582.59,
4583.01,
5120.032, 5120.033, 5120.161,
5503.22, and
5743.99; to
amend, for the purpose of
adopting new
section
numbers as
indicated in
parentheses,
sections
4507.022 (4510.038),
4507.061
(4510.32),
4507.161
(4510.23), 4507.162
(4510.31), 4507.163
(4510.33),
4507.167
(4510.34),
4507.168 (4510.22),
4507.169
(4510.17), 4507.1610
(4510.06), 4507.1611
(4510.05), 4507.1613
(4510.07), 4507.25 (4501.34),
4507.26
(4501.351),
4507.27 (4501.36), 4507.28
(4501.37), 4507.29
(4501.38), 4507.33 (4511.203),
4507.34 (4510.15),
4507.361
(4510.161), 4507.38
(4510.41), 4507.54
(4510.52), 4507.55
(4510.53),
4507.60 (4510.61),
4507.61 (4510.62), 4507.62
(4510.63), 4507.63
(4510.64), 4511.95 (4510.71),
and 4511.951
(4510.72); to enact sections 4508.09,
4510.01, 4510.02,
4510.021, 4510.03, 4510.031,
4510.032, 4510.034, 4510.035,
4510.036, 4510.037,
4510.04, 4510.10, 4510.11, 4510.12, 4510.13,
4510.14, 4510.16, 4510.21, 4510.311, 4510.43,
4510.44,
4510.54, 4511.181, 4511.194, 4511.197,
and
4549.52; to repeal
sections 3123.611,
4503.235,
4503.99, 4507.012, 4507.021, 4507.165,
4507.166,
4507.18, 4508.99, 4509.105, 4509.31,
4509.32,
4509.99, 4511.83, 4511.991, 4519.99,
4549.99,
4551.99,
4563.99, 4582.99, and
4583.99 of
the
Revised Code to adopt, effective
January 1,
2003,
the
Ohio Criminal
Sentencing
Commission's
Traffic
Proposals, with
modifications, and
related
changes
in the traffic
laws.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.981, 119.062, 733.40, 1547.11,
1547.111,
1547.99, 1901.024, 1901.31, 1905.01, 1905.201, 1907.20,
2151.354, 2152.19, 2152.21,
2743.191, 2743.51, 2743.52, 2903.04,
2903.06, 2903.08,
2907.24,
2919.22, 2921.331, 2923.01, 2923.122,
2925.01,
2925.02, 2925.03,
2925.04, 2925.05, 2925.06, 2925.11,
2925.12,
2925.13,
2925.14, 2925.22, 2925.23, 2925.31, 2925.32,
2925.36, 2925.37,
2925.38, 2929.01, 2929.13, 2929.14, 2929.15,
2929.16, 2929.17,
2929.18, 2929.19, 2929.23, 2929.41, 2935.03,
2935.27,
2937.221,
2937.222, 2937.46, 2937.99, 2951.02, 2953.31,
2953.36, 3123.55, 3123.58, 3123.59, 3123.613, 3123.614,
3327.10,
3793.02,
3793.10, 3937.31, 4301.99, 4501.01, 4501.022, 4501.17,
4501.19,
4501.25, 4503.033, 4503.05, 4503.061, 4503.066, 4503.10,
4503.102,
4503.11, 4503.12, 4503.182, 4503.19, 4503.21, 4503.231,
4503.233,
4503.234, 4503.236, 4503.28, 4503.30, 4503.301, 4503.32,
4503.34,
4503.39, 4503.44, 4503.46, 4503.47, 4503.471, 4505.101,
4505.102,
4505.11, 4505.111, 4505.15, 4505.17, 4505.18, 4505.19,
4505.20, 4505.21, 4505.99, 4506.01, 4506.02, 4506.03, 4506.04,
4506.05, 4506.06, 4506.10, 4506.11, 4506.12, 4506.14, 4506.15,
4506.16, 4506.17, 4506.18, 4506.19, 4506.20, 4506.99,
4507.02,
4507.022, 4507.023, 4507.05, 4507.06, 4507.061, 4507.071,
4507.08,
4507.081, 4507.111, 4507.12, 4507.13, 4507.14, 4507.15, 4507.16,
4507.161,
4507.162, 4507.163, 4507.164, 4507.167, 4507.168,
4507.169,
4507.1610, 4507.1611, 4507.1613, 4507.17, 4507.19,
4507.20,
4507.21, 4507.25,
4507.27, 4507.28, 4507.29, 4507.30,
4507.31,
4507.321, 4507.33,
4507.34, 4507.35, 4507.36, 4507.361,
4507.38,
4507.45, 4507.50,
4507.52, 4507.54, 4507.55, 4507.61,
4507.62,
4507.63, 4507.99, 4508.03, 4508.04, 4508.06, 4509.02,
4509.101, 4509.17,
4509.24, 4509.291, 4509.33, 4509.34, 4509.35,
4509.37, 4509.40,
4509.42, 4509.45, 4509.74, 4509.77, 4509.78,
4509.79, 4509.80,
4509.81, 4511.01, 4511.03, 4511.051, 4511.11,
4511.12, 4511.132,
4511.16, 4511.17, 4511.18, 4511.19, 4511.191,
4511.192, 4511.193,
4511.195, 4511.196, 4511.20, 4511.201,
4511.202, 4511.21,
4511.211, 4511.213, 4511.22, 4511.23, 4511.25,
4511.251,
4511.26, 4511.27,
4511.28, 4511.29, 4511.30, 4511.31,
4511.32,
4511.33, 4511.34,
4511.35, 4511.36, 4511.37, 4511.38,
4511.39,
4511.40, 4511.41,
4511.42, 4511.43, 4511.431, 4511.432,
4511.44,
4511.441, 4511.45,
4511.451, 4511.452, 4511.46, 4511.47,
4511.48,
4511.481, 4511.49,
4511.50, 4511.51, 4511.511, 4511.521,
4511.53,
4511.54, 4511.55,
4511.56, 4511.57, 4511.58, 4511.59,
4511.60,
4511.61, 4511.62,
4511.63, 4511.64, 4511.66, 4511.661,
4511.68,
4511.681, 4511.69,
4511.70, 4511.701, 4511.71, 4511.711,
4511.712,
4511.713, 4511.72,
4511.73, 4511.74, 4511.75, 4511.751,
4511.76,
4511.761, 4511.762,
4511.763, 4511.764, 4511.77,
4511.771,
4511.772, 4511.78, 4511.79,
4511.81, 4511.82, 4511.84,
4511.85,
4511.951, 4511.99, 4513.02,
4513.021, 4513.022, 4513.03,
4513.04,
4513.05, 4513.06, 4513.07,
4513.071, 4513.09, 4513.10,
4513.11, 4513.111,
4513.12, 4513.13, 4513.14,
4513.15, 4513.16,
4513.17, 4513.171,
4513.18, 4513.182, 4513.19,
4513.20, 4513.201,
4513.202, 4513.21,
4513.22, 4513.23, 4513.24,
4513.241, 4513.242,
4513.25, 4513.26,
4513.261, 4513.262, 4513.263,
4513.27, 4513.28,
4513.29,
4513.30,
4513.31, 4513.32,
4513.34, 4513.36, 4513.361,
4513.51,
4513.60, 4513.64,
4513.65, 4513.99,
4517.02, 4517.03,
4517.19,
4517.20, 4517.21,
4517.22, 4517.23,
4517.24, 4517.25,
4517.26,
4517.27, 4517.40,
4517.41, 4517.42,
4517.43, 4517.44,
4517.45,
4517.64, 4517.99,
4519.02, 4519.05,
4519.06, 4519.20,
4519.22,
4519.40, 4519.41,
4519.44, 4519.45,
4519.52, 4519.66,
4519.67,
4549.01, 4549.02,
4549.021,
4549.03, 4549.042, 4549.08,
4549.10,
4549.11, 4549.12,
4549.18,
4549.42, 4549.43, 4549.44,
4549.45,
4549.451, 4549.46,
4549.62,
4551.04, 4561.11, 4561.12,
4561.14,
4561.15, 4561.22,
4561.24,
4561.31, 4561.99, 4563.09,
4563.10,
4563.20, 4582.06,
4582.31,
4582.59, 4583.01, 5120.032,
5120.033,
5120.161,
5503.22, and 5743.99
be amended; sections
4507.022 (4510.038),
4507.061
(4510.32), 4507.161 (4510.23),
4507.162 (4510.31),
4507.163
(4510.33),
4507.167
(4510.34),
4507.168 (4510.22),
4507.169
(4510.17), 4507.1610
(4510.06),
4507.1611 (4510.05),
4507.1613
(4510.07), 4507.25 (4501.34),
4507.26
(4501.351), 4507.27
(4501.36), 4507.28 (4501.37), 4507.29
(4501.38), 4507.33
(4511.203), 4507.34 (4510.15), 4507.361
(4510.161), 4507.38
(4510.41), 4507.54 (4510.52), 4507.55
(4510.53), 4507.60
(4510.61), 4507.61 (4510.62), 4507.62
(4510.63), 4507.63
(4510.64), 4511.95 (4510.71), and 4511.951
(4510.72) be amended
for the purpose of adopting new section
numbers as
indicated in
parentheses; and sections 4508.09,
4510.01, 4510.02,
4510.021,
4510.03, 4510.031, 4510.032, 4510.034,
4510.035,
4510.036,
4510.037, 4510.04, 4510.10, 4510.11, 4510.12,
4510.13,
4510.14,
4510.16, 4510.21, 4510.311, 4510.43, 4510.44,
4510.54,
4511.181,
4511.194, 4511.197, and 4549.52 of the Revised
Code be
enacted to
read as follows:
Sec. 9.981. (A) Sections 9.98 to 9.983 of the Revised
Code
are applicable to bonds:
(1) The payment of the debt service on which is to be
provided for directly or indirectly by payments contracted to be
made in the bond proceedings by the absolute obligors, being
persons other than the issuer; and
(2) Which are authorized to be issued under sections
122.39
to 122.62, Chapter 165., 902., 3377., 3706., division
(D)(A)(4)
of
section 4582.06, division
(H)(A)(8) of section 4582.31,
section
4582.48, or Chapter
6121. or 6123. of the Revised Code,
notwithstanding other
provisions therein.
(B) Sections 9.98 to 9.983 of the Revised Code are
applicable to bonds issued under Chapters 140., 152., 154., 175.,
and 349. of the Revised Code, and to any bonds authorized under
laws which expressly make those sections applicable.
(C) Subject to division (A) of this section, the authority
provided in sections 9.98 to 9.983 of the Revised Code is
supplemental to and not in derogation of any similar authority
provided by, derived from, or implied by, any law, the Ohio
Constitution, or any charter, resolution,
or ordinance, and no
inference shall be drawn to negate the authority thereunder by
reason of the express provisions of sections 9.98 to 9.983 of the
Revised Code.
(D) Sections 9.98 to 9.983 of the Revised Code shall be
liberally construed to permit flexibility in the arrangements
therein provided to enhance the issuance of such bonds and
provide
for terms most beneficial and satisfactory to the persons
which
undertake to provide for their payment, security, and
liquidity.
Sec. 119.062. (A) Notwithstanding section 119.06 of the
Revised Code, the
registrar of motor vehicles is not required to
hold any hearing in connection
with an order
revoking
canceling or
suspending a motor vehicle
driver's or commercial
driver's license
pursuant to section
4507.16, 4509.24, 4509.291, 4509.31,
4509.33,
4509.37, 4509.39, 4509.42, 4509.66, 4511.191, or 4511.196
2903.06,
2903.08, 2907.24, 2921.331, 4549.02, 4549.021,
or
5743.99
or any
provision of Chapter 2925., 4509., 4510., or
4511. of
the
Revised
Code or in connection with an out-of-service order issued under
Chapter 4506. of the Revised Code.
(B) Notwithstanding section 119.07 of the Revised Code, the
registrar is not
required to use registered mail, return receipt
requested, in connection with
an order
revoking
canceling or
suspending a motor vehicle
driver's or commercial
driver's
license, or a notification to a person to surrender a
certificate
of registration and registration plates.
Sec. 733.40. Except as otherwise provided in section
4511.193 of the Revised Code, all fines, forfeitures, and costs
in
ordinance cases and all fees
that are collected by the mayor,
or
which
that in any manner come into
his
the mayor's
hands, or
which
that are due
such
the mayor or
a marshal, chief of police, or
other officer of the municipal
corporation, any other fees and
expenses
which
that have been
advanced
out of the treasury of the
municipal corporation, and all money
received by
such
the mayor
for the use of
such
the
municipal
corporation, shall be paid by
him
the mayor into
such
the treasury
of the municipal corporation
on the first
Monday of each month. At the first regular meeting
of the
legislative authority each month, the mayor shall submit a
full
statement of all money received, from whom and for what
purposes
received, and when paid into the treasury. Except as
otherwise
provided by sections 3375.50 to 3375.52 or
4511.99
4511.19 of the Revised
Code, all fines, and forfeitures collected
by the mayor in state
cases, together with all fees and expenses
collected
which
that
have been advanced out of the county
treasury, shall be paid by
him
the mayor to
the county treasury on
the first business day of each month.
Except as otherwise
provided by sections 3375.50 to 3375.52 or
4511.99
4511.19 of the
Revised Code,
the mayor shall pay all court costs and fees
collected
by the mayor in
state cases
shall be paid by him into
the
municipal
treasury on the first business day of each month.
This section does not apply to fines collected by a mayor's
court for violations of division (B) of section 4513.263 of the
Revised Code, or for violations of any municipal ordinance that
is
substantively comparable to that division, all of which shall
be
forwarded to the treasurer of state as provided in division
(E) of
section 4513.263 of the Revised Code.
Sec. 1547.11. (A) No person shall operate or be in physical
control of any vessel underway or shall manipulate any water
skis,
aquaplane, or similar device on the waters in this state if,
at
the time of the operation, control, or manipulation, any of
the
following
applies:
(1) The person is under the influence of alcohol
or, a drug
of abuse, or
the combined influence of alcohol and a drug of
abuse;
a combination of them.
(2) The person has a concentration of ten-hundredths of
one
per cent or more by weight of alcohol
per unit volume in the
person's
whole blood;.
(3)
The person has a concentration of twelve-hundredths of
one per cent or
more by weight per unit volume of alcohol in the
person's blood serum or
plasma.
(4) The person has a concentration of fourteen-hundredths
of
one gram or more by weight of alcohol per one hundred
milliliters
of the person's urine;.
(4)(5) The person has a concentration of ten-hundredths of
one gram or more by weight of alcohol per two hundred ten liters
of the person's breath.
(B) No person under twenty-one years of age shall operate or
be in
physical control of any vessel underway or shall manipulate
any water skis,
aquaplane, or similar device on the waters in this
state if,
at
the time of the operation, control, or manipulation,
any of the
following applies:
(1) The person has a concentration of at least
two-hundredths of one per
cent, but less than ten-hundredths of
one per cent by weight
per unit
volume of alcohol in the
person's
whole blood;.
(2)
The person has a concentration of at least
three-hundredths of one per
cent but less than twelve-hundredths
of one per cent by weight per unit volume
of alcohol in the
person's blood serum or plasma.
(3) The person has a concentration of at least twenty-eight
one-thousandths of one gram, but less than fourteen-hundredths of
one gram by
weight of alcohol per one hundred milliliters of the
person's
urine;.
(3)(4) The person has a concentration of at least
two-hundredths of one gram,
but less than ten-hundredths of one
gram by weight of alcohol per two hundred
ten liters of the
person's breath.
(C) In any proceeding arising out of one incident, a person
may
be charged with a violation of division (A)(1) and a violation
of
division (B)(1), (2),
or (3),
or
(4) of this
section, but the
person shall
not be convicted of more than one violation of those
divisions.
(D)(1) In any criminal prosecution
or juvenile court
proceeding for a violation of this
section or
of an ordinance of
any municipal corporation relating
to operating a vessel or using
any water skis, aquaplane, or
similar device while under the
influence of alcohol or a drug of
abuse
for an equivalent
violation, the court may admit evidence on
the concentration of
alcohol
or a drug,
drugs of abuse,
or a
combination of them in the
defendant's
or child's whole blood,
blood serum or plasma, urine,
or
breath at the time of the alleged violation as shown by
chemical
analysis of the
defendant's blood, urine, or breath
substance
withdrawn, or specimen taken within
two hours of the
time of the alleged violation.
When a person submits to a blood test, only a physician,
a
registered nurse, or
a qualified technician
or,
chemist,
or
phlebotomist shall
withdraw blood for the purpose of determining
its
the alcohol
or, drug
of abuse,
or alcohol and drug
content
of
the whole blood, blood serum, or blood plasma. This
limitation
does not apply to the taking
of breath or urine specimens. A
physician, registered nurse, or
qualified technician or chemist
person authorized to withdraw blood
under this division may refuse
to withdraw blood
for
the purpose of determining its alcohol or
drug of abuse content
under
this division
if, in
the
that person's
opinion
of the physician,
nurse, or technician
or chemist, the
physical welfare of the
person
defendant or
child would be
endangered by
the withdrawing
of blood.
The
whole blood,
blood serum or plasma, urine, or breath
shall be analyzed in accordance
with methods approved by the
director of health by an individual
possessing a valid permit
issued by the director
pursuant to section 3701.143 of the Revised
Code.
If
(2)
In a criminal prosecution or juvenile court
proceeding
for a violation of division (A) of this section or for
a
violation
of a prohibition that is substantially equivalent to
division
(A)
of this section, if there was at the time the
whole
blood,
blood
serum or plasma, urine, or breath was
taken a
concentration of
less than
ten-hundredths of one per cent
by
weight of alcohol in
the defendant's blood, less than
fourteen-hundredths of one gram
by weight of alcohol per one
hundred milliters of the defendant's
urine, or less than
ten-hundredths of
one gram by weight of
alcohol per two hundred
ten liters of the
defendant's breath
the
applicable concentration
of alcohol specified
for a violation of
division (A)(2), (3), (4),
or (5) of this
section, that fact may
be considered with other
competent evidence
in determining the
guilt or innocence of the
defendant
or in making an
adjudication
for the child.
This division
does not limit or affect a
criminal
prosecution or juvenile court
proceeding for a violation of
division
(B) of this section or for
a violation of a prohibition
that is
substantially equivalent to
that division.
(3) Upon the request of the person who was tested, the
results
of the
chemical test shall be made available to the person
or the
person's attorney
or
agent immediately upon
the completion
of the test analysis.
The person tested may have a physician,
a registered nurse,
or
a qualified technician
or, chemist,
or
phlebotomist of the
person's own
choosing administer
a chemical test or tests in
addition to any administered at the
direction of a law enforcement
officer, and shall be so advised.
The failure or inability to
obtain an additional test by a person
shall not preclude the
admission of evidence relating to the test
or tests taken at the
direction of a law enforcement officer.
A
(E)(1)
Subject to division (E)(3) of this section, in
any
criminal prosecution or juvenile court proceeding for a violation
of this
section or for an equivalent violation, the court shall
admit as prima-facie
evidence a laboratory report from any
forensic laboratory
certified by the department of health that
contains an analysis of
the whole blood, blood serum or plasma,
breath, urine, or other
bodily substance tested and that contains
all of the information
specified in this division. The laboratory
report shall contain
all of the following:
(a) The signature, under oath, of any person who performed
the
analysis;
(b) Any findings as to the identity and quantity of alcohol,
a
drug of abuse, or a combination of them that was found;
(c) A copy of a notarized statement by the laboratory
director or
a designee of the director that contains the name of
each certified analyst or
test performer involved with the
report,
the analyst's or test performer's employment relationship
with the
laboratory that issued the report, and a notation that
performing
an analysis of the type involved is part of the
analyst's or test
performer's regular duties;
(d) An outline of the analyst's or test performer's
education,
training, and experience in performing the type of
analysis involved and a
certification that the laboratory
satisfies appropriate quality control standards in general and, in
this particular analysis, under rules of the department of health.
(2) Notwithstanding any other provision of law regarding the
admission of
evidence, a report of
the type described in division
(E)(1) of this section is not
admissible against the
defendant or
child to whom it pertains in any proceeding, other than a
preliminary
hearing or a grand jury proceeding, unless the
prosecutor has served a copy of the report on the
defendant's or
child's attorney or, if the defendant or child has no attorney,
on
the defendant or child.
(3) A report of the type described in division (E)(1) of
this
section shall not be prima-facie evidence of the contents,
identity, or amount of any substance if, within seven days after
the defendant or child to whom the report pertains or the
defendant's
or child's attorney receives a copy of the report, the
defendant or child or
the defendant's or child's attorney demands
the testimony of the person who
signed the report. The judge in
the case may extend the seven-day
time limit in the interest of
justice.
(F) Except as otherwise provided in this division, any
physician, registered nurse, or qualified technician
or,
chemist,
or phlebotomist who withdraws blood from a person
pursuant to this
section, and a hospital, first-aid station, or clinic at which
blood is withdrawn from a person pursuant to this section, is
immune from criminal
liability, and
from civil liability
that
is
based upon a claim of assault and battery or
based upon any
other
claim that is not
in the nature of a claim of malpractice, for
any
act performed in withdrawing blood from the person.
The immunity
provided in this division is not available to a person who
withdraws blood if the person engages in willful or wanton
misconduct.
(E) For the purposes of
(G)
As used in this
section,
"operate
and section 1547.111 of the Revised Code:
(1)
"Equivalent violation" means a violation of a municipal
ordinance, law
of another state, or law of the United States that
is
substantially equivalent to division (A) or (B) of this
section.
(2)
"Operate" means that a
vessel is being used on the
waters
in this state when the vessel is not
securely affixed to a
dock or
to shore or to any permanent structure to which
the vessel
has the
right to affix or that a vessel is not anchored in a
designated
anchorage area or boat camping area that is established
by the
United States coast guard, this state, or a political
subdivision
and in which the vessel has the right to anchor.
Sec. 1547.111. (A)(1) Any person who operates
or is in
physical
control of a vessel or
uses any water skis, aquaplane, or
similar device upon any waters
in this state shall be deemed to
have given consent to a chemical
test or tests
of the person's
blood, breath, or urine for
the purpose of determining its
to
determine the alcohol
or, drug of abuse,
or alcohol and drug of
abuse
content
of the person's whole blood, blood serum or plasma,
breath, or
urine if arrested
for
the offense of operating
or being
in physical control of a vessel or
using
manipulating any water
skis,
aquaplane, or similar device in violation of section 1547.11
of
the Revised Code
or a substantially equivalent municipal
ordinance.
The
(2)
The test or tests
under division (A) of this
section
shall be
administered at the
direction of a law enforcement
officer having reasonable grounds
to believe the person
to have
been
was operating
or in
physical control of a vessel or
using
manipulating
any water skis, aquaplane, or similar device in
violation of
section 1547.11 of the Revised Code
or a
substantially equivalent municipal
ordinance. The law enforcement
agency
by which the officer is employed shall designate which
of
the
test
or tests shall be administered.
(B) Any person who is dead,
or unconscious, or
who otherwise
is in a condition rendering the person incapable
of
refusal shall
be deemed
not to have
withdrawn consent
consented as
provided
by
in division (A)(1) of this section,
and the test or tests may be
administered,
subject to sections 313.12 to 313.16 of the Revised
Code.
(C) Any person under arrest for
the offense of operating a
vessel or using any water skis, aquaplane, or similar device in
violation of
violating section 1547.11 of the Revised Code
or a
substantially equivalent municipal ordinance shall be advised
of
the consequences of refusing to submit to a
chemical test
or tests
designated
by the law enforcement agency as provided in division
(A) of this section. The advice shall be in a written form
prescribed by the chief of the division of watercraft and shall
be
read to the person. The form shall contain a statement that
the
form was shown to the person under arrest and read to the
person
in the presence of
by the arresting officer
and either
another law
enforcement officer, a civilian law enforcement employee, or an
employee of a hospital, first-aid station, or clinic, if any, to
which the person has been taken for first-aid or medical
treatment. The
reading of the form shall be witnessed by one or
more
persons, and the witnesses shall certify to this fact by
signing
the form.
(D) If a
law enforcement officer asks a person under arrest
for
the offense of operating
a
vessel or using any water skis,
aquaplane, or similar device in
violation of
violating section
1547.11 of the Revised Code
refuses
upon the
request of a law
enforcement officer
or a substantially equivalent municipal
ordinance to submit to a
chemical test
designated by the law
enforcement agency
or tests as
provided in
division
(A) of this
section,
after first having been advised
if the arresting
officer
advises
the person of the
consequences of
the
person's refusal as
provided in division (C) of
this section,
and if the person
refuses to submit, no chemical
test
shall be
given, but the chief,
upon.
Upon receipt of
a sworn statement of
the
law enforcement
officer that the
arresting law enforcement officer had
reasonable
grounds to believe the arrested person
had been
operating a
vessel
or using any water skis, aquaplane, or similar
device while under
the
influence of alcohol or a drug of abuse,
under the combined
influence
of alcohol and a drug of abuse, or
with a prohibited
concentration of alcohol in the person's blood,
urine, or
breath,
violated section 1547.11 of the Revised Code or
a substantially
equivalent municipal
ordinance and that the person
refused to
submit to the chemical test upon
the
request of the
law
enforcement officer, and upon receipt of the
form as provided in
division (C) of this section certifying that
the arrested person
was advised of the consequences of the
refusal,
the chief of the
division of watercraft shall inform the
person by written notice
that the
person is prohibited from operating
or being in physical
control of a
vessel
or,
from using any water skis,
aquaplane, or
similar device, and
is prohibited from registering
any watercraft
in accordance with section 1547.54 of the Revised
Code, for one
year following the date of the alleged violation
of
section
1547.11 of the Revised Code. The suspension of these
operation,
physical control, use, and registration privileges
shall continue
for
the entire one-year period, subject to review as provided in
this
section.
If the person under arrest is the owner of the vessel
involved in the alleged violation, the
law enforcement officer who
arrested the person shall
seize the watercraft registration
certificate and tags from the
vessel involved in the violation and
forward them to the chief. The chief,
in addition to informing
the person by written
notice that the person is prohibited from
operating a vessel
or using any water skis,
aquaplane, or similar
device, and from registering any watercraft
in accordance with
section 1547.54 of the Revised Code, for one
year following the
date of the alleged violation, shall retain the
impounded
registration certificate and tags, and shall impound
all other
registration
certificates and tags issued to the person in
accordance with sections 1547.54 and 1547.57 of the Revised Code,
for a period of one year following the date of the alleged
violation,
subject to review as provided in this section.
If the arrested person fails to surrender the
registration
certificate because it is not on the person of the
arrested person
or in the watercraft, the law enforcement
officer who made the
arrest shall order the person to
surrender it within twenty-four
hours to the law enforcement officer or the
law enforcement agency
that employs the law enforcement officer.
If the person fails to
do so, the law
enforcement officer shall notify the chief of that
fact in the
statement the officer submits to the chief under this
division.
(E) Upon suspending a person's operation,
physical control,
use,
and
registration privileges in accordance with division (D)
of this
section, the chief shall notify the
person in writing, at
the person's last known address, and
inform the person that the
person may
petition for a hearing in accordance with division (F)
of this section. If a
person whose operation,
physical control,
use,
and registration
privileges have been suspended
petitions for
a hearing or appeals any
adverse decision
that is
adverse to
the
person, the suspension
of privileges shall begin at the
termination
of any hearing or appeal unless the hearing or appeal
resulted
results in a decision
favorable to the person.
(F) Any person who has been notified by the chief that the
person is prohibited from
operating
or being in physical control
of a vessel or using any
water skis, aquaplane, or similar
device
and
from registering any watercraft in accordance with section
1547.54 of the Revised Code, or who has had the registration
certificate and tags of the person's watercraft impounded
pursuant
to
division (D) of this section, within twenty days of the
notification or impoundment, may file a petition in the municipal
court or the county court, or if the person is a minor
in juvenile
court,
in whose
with jurisdiction
over the place
at which the
arrest occurred,
agreeing to pay the cost of the proceedings and
alleging error in
the action taken by the chief under
division (D)
of this section or alleging one or more of the
matters within the
scope of the hearing as provided in this
section, or both. The
petitioner shall notify the chief of the filing of the
petition
and send
the chief a copy of the petition.
The scope of the hearing is limited to the issues of
whether
the law enforcement officer had reasonable grounds to
believe the
petitioner was operating
or in physical control of a vessel
or
using
manipulating any water
skis, aquaplane, or similar device
while under the influence of
alcohol or a drug of abuse, under the
combined influence of alcohol and
a drug of abuse, or with a
prohibited concentration of alcohol or
a drug of abuse in the
person's blood, urine, or breath
in violation of
section 1547.11
of the Revised Code or a substantially equivalent municipal
ordinance,
whether the
petitioner was placed under arrest, whether
the petitioner
refused to submit to the chemical test upon request
of the
officer, and whether the petitioner was advised of the
consequences of the
petitioner's refusal.
(G)(1) The chief shall
furnish the court a copy of the
affidavit as provided in division
(C) of this section and any
other relevant information requested
by the court.
(2) In hearing the matter and in determining whether the
person has shown error in the decision taken by the chief as
provided in
division (D) of this
section, the court shall decide
the issue upon the relevant,
competent, and material evidence
submitted by the chief or the person whose
operation,
physical
control, use,
and
registration privileges have been suspended.
In the proceedings, the chief shall be represented by
the
prosecuting attorney of the county in which the petition is
filed
if the petition is filed in a county court or juvenile
court,
except that if the arrest occurred within a city or
village within
the jurisdiction of the county court in which the
petition is
filed, the city director of law or village solicitor
of that city
or village shall represent the chief. If the
petition is filed in
the municipal court, the chief shall be
represented as provided in
section 1901.34 of the
Revised
Code.
(3) If the court finds from the evidence submitted that
the
person has failed to show error in the action taken by the
chief
under division (D) of this
section or in one or more of the
matters within the scope of the
hearing as provided in division
(F) of this section, or both,
the court shall assess the cost of
the proceeding against
the person and shall uphold the suspension
of the operation,
physical
control, use, and registration
privileges provided in division (D)
of this
section. If the court
finds that the person has shown error in
the action taken by the
chief under
division (D) of this section or in one or more of the
matters
within the scope of the hearing as provided in division
(F) of
this section, or both, the cost of the proceedings shall be
paid
out of the county treasury of the county in which the
proceedings
were held,
the chief shall reinstate the operation,
physical
control, use,
and registration privileges of the
person
shall be reinstated without charge, and
the chief shall
return the
registration
certificate and tags, if impounded,
shall be returned
without charge.
(4) The court shall give information in writing of any
action taken under this section to the chief.
(H) At the end of any period of suspension or impoundment
imposed under this section, and upon request of the person whose
operation,
physical control, use,
and registration privileges
were
suspended or
whose registration certificate and tags were
impounded, the chief
shall reinstate the person's
operation,
physical control, use, and registration privileges by
written
notice and
return the certificate and tags.
(I) No person who has received written notice from the
chief
that the person is
prohibited from operating
or being in physical
control of a vessel
or,
from using any water skis, aquaplane, or
similar
device, and from registering a watercraft, or who has had
the
registration certificate and tags of the person's watercraft
impounded, in
accordance with division (D) of this section, shall
operate
or be in
physical control of a vessel or use any water
skis, aquaplane, or
similar device for a period of one year
following the date of the person's
alleged violation of section
1547.11 of the Revised Code
or the
substantially equivalent
municipal ordinance.
Sec. 1547.99. (A) Whoever violates section 1547.91 of the
Revised Code is guilty of a felony of the fourth degree.
(B) Whoever violates section 1547.10, division (I) of
section 1547.111, section 1547.13, or section 1547.66 of the
Revised Code is guilty of a misdemeanor of the first degree.
(C) Whoever violates a provision of this chapter or a rule
adopted thereunder, for which no penalty is otherwise provided,
is
guilty of a minor misdemeanor.
(D) Whoever violates section 1547.07 or 1547.12 of the
Revised Code without causing injury to persons or damage to
property is guilty of a misdemeanor of the fourth degree.
(E) Whoever violates section 1547.07 or 1547.12 of the
Revised Code causing injury to persons or damage to property is
guilty of a misdemeanor of the third degree.
(F) Whoever violates division (M) of section 1547.54,
division (G) of section 1547.30, or section 1547.131, 1547.25,
1547.33, 1547.38, 1547.39, 1547.40, 1547.69, or 1547.92 of the
Revised Code or a rule adopted under division (A)(2) of section
1547.52 of the Revised Code is guilty of a misdemeanor of the
fourth degree.
(G) Whoever violates section 1547.11 of the Revised Code
is
guilty of a misdemeanor of the first degree and shall be
punished
as provided in division (G)(1), (2), or (3) of this
section.
(1) Except as otherwise provided in division (G)(2) or (3)
of this
section, the
court shall sentence the offender to a term
of imprisonment of
three consecutive days and may sentence the
offender pursuant to
section 2929.21 of the Revised Code to a
longer term of
imprisonment. In addition, the court shall impose
upon the
offender a fine of not less than one hundred fifty nor
more than
one thousand dollars.
The court may suspend the execution of the mandatory three
consecutive days of imprisonment that it is required to impose by
division (G)(1) of this section if the court, in
lieu of the
suspended term of
imprisonment, places the offender on probation
and requires the
offender to attend, for three consecutive days, a
drivers'
intervention program that is certified pursuant to
section
3793.10 of the Revised Code. The court also may suspend
the
execution of any part of the mandatory three consecutive days
of
imprisonment that it is required to impose by division
(G)(1)
of this section if
the court places the offender on probation for
part of the three
consecutive days; requires the offender to
attend, for that part
of the three consecutive days, a drivers'
intervention program
that is certified pursuant to section 3793.10
of the Revised
Code; and sentences the offender to a term of
imprisonment equal
to the remainder of the three consecutive days
that the offender
does not spend attending the drivers'
intervention program. The
court may require the offender, as a
condition of probation, to
attend and satisfactorily complete any
treatment or education
programs, in addition to the required
attendance at a drivers'
intervention program, that the operators
of the drivers'
intervention program determine that the offender
should attend
and to report periodically to the court on the
offender's progress
in the
programs. The court also may impose
any other conditions of
probation on the offender that it
considers necessary.
(2) If, within
five
six years of the offense, the offender
has
been convicted of or pleaded guilty to one violation of
section
1547.11 of the Revised Code, of a municipal ordinance
relating to
operating a watercraft or manipulating any water skis,
aquaplane,
or similar device while under the influence of alcohol,
a drug of
abuse, or
alcohol and a drug of abuse
a combination of
them, of a municipal
ordinance
relating to operating a watercraft
or manipulating any
water
skis, aquaplane, or similar device with
a prohibited
concentration of alcohol in the
whole blood,
blood
serum or
plasma, breath, or urine, of division
(A)(1) of section
2903.06 of
the Revised Code, or of division
(A)(2), (3), or (4) of
section
2903.06 of the Revised Code
or
former section 2903.06 or
2903.07
of the Revised Code
as they
existed prior to March
23,
2000, in a
case in
which
the jury or judge found that the offender
was under
the influence
of alcohol, a drug of abuse, or
alcohol
and a drug
of abuse
a combination of them, the
court shall
sentence the offender to a term of
imprisonment of
ten consecutive
days and may sentence the offender
pursuant to
section 2929.21 of
the Revised Code to a longer term
of
imprisonment. In addition,
the court shall impose upon the
offender a fine of not less than
one hundred fifty nor more than
one thousand dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code.
(3) If, within
five
six years of the offense, the offender
has
been convicted of or pleaded guilty to more than one violation
identified in
division (G)(2) of this section,
the court shall
sentence the offender to a term of
imprisonment of thirty
consecutive days and may sentence the
offender to a longer term of
imprisonment of not more than one
year. In addition, the court
shall impose upon the offender a
fine of not less than one hundred
fifty nor more than one
thousand dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code.
(4) Upon a showing that imprisonment would seriously
affect
the ability of an offender sentenced pursuant to division
(G)(1),
(2), or (3) of this section to continue the offender's
employment,
the court may authorize that the offender be granted work release
from imprisonment after the offender has served the three, ten,
or
thirty consecutive days of imprisonment that the court is
required
by division (G)(1), (2), or (3) of this section to
impose. No
court shall authorize work release from imprisonment
during the
three, ten, or thirty consecutive days of imprisonment
that the
court is required by division (G)(1), (2), or (3) of
this section
to impose. The duration of the work release shall
not exceed the
time necessary each day for the offender to
commute to and from
the place of employment and the place of
imprisonment and the time
actually spent under employment.
(5) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence or the placement of an offender in any treatment program
in lieu of imprisonment, no court shall suspend the ten or thirty
consecutive days of imprisonment required to be imposed by
division (G)(2) or (3) of this section or place an offender who
is
sentenced pursuant to division (G)(2) or (3) of this section
in
any treatment program in lieu of imprisonment until after the
offender has served the ten or thirty consecutive days of
imprisonment required to be imposed pursuant to division (G)(2)
or
(3) of this section. Notwithstanding any section of the
Revised
Code that authorizes the suspension of the imposition or
execution
of a sentence or the placement of an offender in any
treatment
program in lieu of imprisonment, no court, except as
specifically
authorized by division (G)(1) of this section, shall
suspend the
three consecutive days of imprisonment required to be
imposed by
division (G)(1) of this section or place an offender
who is
sentenced pursuant to division (G)(1) of this section in
any
treatment program in lieu of imprisonment until after the
offender
has served the three consecutive days of imprisonment
required to
be imposed pursuant to division (G)(1) of this
section.
(H) Whoever violates section 1547.304 of the Revised Code
is
guilty of a misdemeanor of the fourth degree and also shall be
assessed any costs incurred by the state or a county, township,
municipal corporation, or other political subdivision in
disposing
of an abandoned junk vessel or outboard motor, less any
money
accruing to the state, county, township, municipal
corporation, or
other political subdivision from that
disposal.
(I) Whoever violates division (B) or (C) of section
1547.49
of the Revised Code is guilty of a minor misdemeanor.
(J) Whoever violates section 1547.31 of the Revised Code is
guilty of a
misdemeanor of the fourth degree on a first offense.
On each subsequent
offense, the person is guilty of a misdemeanor
of the third degree.
(K) Whoever violates section 1547.05 or 1547.051 of the
Revised Code is guilty
of a misdemeanor of the fourth degree if
the violation is not related to a
collision, injury to a person,
or damage to property and a misdemeanor of the
third degree if the
violation is related to a collision, injury to a person,
or damage
to property.
(L) The sentencing court, in addition to the penalty
provided
under this section for a violation of this chapter or a
rule adopted under it
that involves a powercraft powered by more
than ten horsepower and that, in
the opinion of the court,
involves a threat to the safety of persons or
property, shall
order the offender to complete successfully a boating course
approved by the national association of state boating law
administrators
before the offender is allowed to operate a
powercraft powered by more than
ten horsepower on the waters in
this state. Violation of a court order
entered under this
division is punishable as contempt under Chapter
2705. of the
Revised Code.
Sec. 1901.024. (A) The board of county commissioners of
Hamilton county shall pay all of the costs of operation of the
Hamilton county municipal court. Subject to sections 3375.50,
3375.53,
4511.19, 4511.193,
4511.99, and 5503.04 of the
Revised
Code and
to any other section of the Revised Code that requires a
specific
manner of disbursement of any moneys received by a
municipal
court, the county shall receive all of the costs, fees,
and other
moneys, except fines collected for violations of
municipal
ordinances and for violations of township resolutions
adopted
pursuant to Chapter 504. of the Revised Code, that are
received
by the Hamilton county municipal court and shall receive
fifty
per cent of all of the fines for violations of municipal
ordinances and for violations of township resolutions adopted
pursuant to Chapter 504. of the Revised Code that are received by
the court.
(B) The board of county commissioners of Lawrence county
shall pay all of the costs of operation of the Lawrence county
municipal court. Subject to sections 3375.50, 3375.53,
4511.19,
4511.193,
4511.99, and 5503.04 of the Revised Code
and to any
other
section
of the Revised Code that requires a specific manner
of
disbursement of any moneys received by a municipal court, the
county shall receive all of the costs, fees, and other moneys,
except fines collected for violations of municipal ordinances and
for violations of township resolutions adopted pursuant to
Chapter
504. of the Revised Code, that are received by the
Lawrence county
municipal court and shall receive fifty per cent
of all of the
fines for violations of municipal ordinances and
for violations of
township resolutions adopted pursuant to
Chapter 504. of the
Revised Code that are received by the court.
(C) The board of county commissioners of Ottawa county shall
pay all of the
costs of operation of the Ottawa county municipal
court. Subject to sections
3375.50, 3375.53,
4511.19, 4511.193,
4511.99, and 5503.04 of
the Revised Code and to
any other section
of the Revised Code that requires a specific manner of
disbursement of any moneys received by a municipal court, the
county shall
receive all of the costs, fees, and other moneys,
except fines collected for
violations of municipal ordinances and
for violations of township resolutions
adopted pursuant to Chapter
504. of the Revised Code, that are received by the
Ottawa county
municipal court and shall receive fifty per cent of all of the
fines for violations of municipal ordinances and for violations of
township
resolutions adopted pursuant to Chapter 504. of the
Revised Code that are
received by the court.
(D) The board of county commissioners of a county in which
a
county-operated municipal court is located shall pay all of the
costs of operation of the municipal court. The county in which a
county-operated municipal court that is not subject to division
(A), (B), or (C) of this section is located shall receive all of
the
costs, fees, and other moneys, except fines collected for
violations of municipal ordinances and for violations of township
resolutions adopted pursuant to Chapter 504. of the Revised Code
and except as provided in sections 3375.50, 3375.53, and 5503.04
of the Revised Code and in any other section of the Revised Code
that requires a specific manner of disbursement of any moneys
received by a municipal court, that are received by the court.
Sec. 1901.31. The clerk and deputy clerks of a municipal
court shall be selected, be compensated, give bond, and have
powers and duties as follows:
(A) There shall be a clerk of the court who is appointed
or
elected as follows:
(1)(a) Except in the Akron, Barberton, Cuyahoga
Falls,
Medina, Toledo, Clermont
county,
Hamilton
county, Portage county,
and Wayne county municipal courts, if the
population of the
territory equals or exceeds one hundred
thousand at the regular
municipal election immediately preceding the
expiration of the
term of the present clerk, the clerk shall be
nominated and
elected by the qualified electors of the territory
in the manner
that is provided for the nomination and election of
judges in
section 1901.07 of the Revised Code.
The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the
clerk's election and continue until the clerk's
successor is elected
and qualified.
(b) In the Hamilton county municipal court, the clerk of
courts of Hamilton county shall be the clerk of the municipal
court and may appoint an assistant clerk who shall receive the
compensation, payable out of the treasury of Hamilton county in
semimonthly installments, that the board of county commissioners
prescribes. The clerk of courts of Hamilton county, acting as
the
clerk of the Hamilton county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
the rate that is prescribed for the clerks of courts of common
pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the
county
treasury in semimonthly installments and is in addition to
the
annual compensation that is received for the performance of
the
duties of the clerk of courts of Hamilton county, as provided
in
sections 325.08 and 325.18 of the Revised Code.
(c) In the Portage county and Wayne county municipal
courts,
the clerks of courts of Portage county and Wayne county
shall be
the clerks, respectively, of the Portage county and
Wayne county
municipal courts and may appoint a chief deputy
clerk for each
branch that is established pursuant to section
1901.311 of the
Revised Code and assistant clerks as the judges
of the municipal
court determine are necessary, all of whom shall
receive the
compensation that the legislative authority
prescribes. The
clerks of courts of Portage county and Wayne
county, acting as the
clerks of the Portage county and Wayne
county municipal courts and
assuming the duties of these offices,
shall receive compensation
payable from the county treasury in semimonthly
installments at
one-fourth the rate that is prescribed for the clerks of
courts of
common pleas as determined in accordance with the population of
the
county and the rates set forth in sections 325.08 and 325.18
of the Revised
Code.
(d) Except as otherwise provided in division (A)(1)(d) of
this section, in the Akron municipal court, candidates for
election to the office of clerk of the court shall be nominated
by
primary election. The primary election shall be held on the
day
specified in the charter of the city of Akron for the
nomination
of municipal officers. Notwithstanding section
3513.257 of the
Revised Code, the nominating petitions of
independent candidates
shall be signed by at least two hundred
fifty qualified electors
of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the seventy-fifth day before the day of
the primary election, in the form prescribed by section 3513.07
or
3513.261 of the Revised Code. The declaration of candidacy
and
petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed
by
any person for nomination as a candidate of a particular
political
party for election to the office of clerk of the Akron
municipal
court, a primary election shall not be held for the
purpose of
nominating a candidate of that party for election to
that office.
If only one person files a valid declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Akron municipal court shall contain a designation of the
term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall
be
submitted to the qualified electors of the territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court. The
clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.
(e) In the Clermont county municipal court, the clerk of
courts of Clermont county shall be the clerk of the municipal
court. The clerk of courts of Clermont county, acting as the
clerk of the Clermont county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
the rate that is prescribed for the clerks of courts of common
pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the
county
treasury in semimonthly installments and is in addition to
the
annual compensation that is received for the performance of
the
duties of the clerk of courts of Clermont county, as provided
in
sections 325.08 and 325.18 of the Revised Code.
(f) Irrespective of the population of the territory of the
Medina municipal court, the clerk of that court shall be appointed
pursuant to division (A)(2)(a) of this section by the
judges of
that court, shall hold office until the clerk's successor is
similarly appointed and qualified, and shall receive pursuant to
division
(C) of this section the annual compensation that the
legislative
authority prescribes and that is payable in
semimonthly installments from the
same sources and in the same
manner as provided in section 1901.11 of the
Revised Code.
(g) Except as otherwise provided in division
(A)(1)(g) of
this
section, in the Barberton municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Barberton for the
nomination of
municipal officers. Notwithstanding section
3513.257 of the
Revised Code, the nominating petitions of
independent
candidates shall be signed by at least two hundred
fifty qualified
electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Barberton
municipal court, a primary election shall not be held for the
purpose of
nominating a candidate
of that party for election to
that office. If only one person files a valid
declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Barberton municipal court shall contain a designation of
the term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified.
(h) Except as otherwise provided in division
(A)(1)(h) of
this
section, in the Cuyahoga Falls municipal court, candidates
for
election to the office of clerk of the court shall be
nominated by primary
election. The primary election shall be held
on the day specified in the
charter of the city of Cuyahoga Falls
for the nomination of
municipal officers. Notwithstanding section
3513.257 of the
Revised Code, the nominating petitions of
independent
candidates shall be signed by at least two hundred
fifty qualified
electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition, or
the nominating petition,
shall conform to the
applicable requirements of section
3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Cuyahoga
Falls
municipal court, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to
that office. If only one person files a valid declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the Cuyahoga
Falls municipal court shall contain a designation
of the term for
which the candidate seeks election. At the
following regular municipal
election, all candidates for the
office shall be submitted to the
qualified electors of the
territory of the court in the manner
that is provided in section
1901.07 of the Revised Code for
the
election of the judges of the
court. The clerk so elected shall hold office
for
a term of six
years, which term shall commence on the first day of
January
following the clerk's election and continue until the
clerk's
successor is elected and qualified.
(i) Except as otherwise provided in division
(A)(1)(i) of
this
section, in the Toledo municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Toledo for the nomination
of
municipal officers. Notwithstanding section 3513.257 of the
Revised Code, the nominating petitions of independent
candidates
shall be signed by at least two hundred fifty qualified
electors
of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Toledo municipal
court, a primary election shall not be held for the purpose of
nominating a candidate
of that party for election to that office.
If only one person files a valid
declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Toledo municipal court shall contain a designation of the
term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified.
(2)(a) Except for the Alliance, Auglaize county, Columbiana
county, Lorain,
Massillon, and Youngstown municipal courts, in a
municipal court
for which the population of
the territory is less
than one hundred thousand and in the Medina
municipal court, the
clerk shall
be appointed by the court, and the clerk shall hold
office until
the clerk's successor is appointed and qualified.
(b) In the Alliance, Lorain, Massillon, and Youngstown
municipal courts, the clerk shall be elected for a term of office
as described in division (A)(1)(a) of this section.
(c) In the Auglaize county municipal court, the clerk of
courts of Auglaize county shall be the clerk of the municipal
court and may appoint a chief deputy clerk for each branch that
is
established pursuant to section 1901.311 of the Revised Code,
and
assistant clerks as the judge of the court determines are
necessary, all of whom shall receive the compensation that the
legislative authority prescribes. The clerk of courts of
Auglaize
county, acting as the clerk of the Auglaize county
municipal court
and assuming the duties of that office, shall
receive compensation
payable from the county treasury in semimonthly
installments at
one-fourth the rate that is prescribed for the clerks of
courts of
common pleas as determined in accordance with the population of
the
county and the rates set forth in sections 325.08 and 325.18
of the Revised
Code.
(d) In the Columbiana county municipal court, the clerk of
courts of
Columbiana county shall be the
clerk of the municipal
court, may appoint a chief deputy
clerk for each branch office
that is established pursuant to section
1901.311 of the Revised
Code, and may appoint any assistant clerks that
the judges of the
court determine are necessary. All of the chief deputy
clerks and
assistant clerks shall receive the compensation that the
legislative authority prescribes. The clerk of courts of
Columbiana county, acting as
the clerk of the Columbiana
county
municipal court and assuming the duties of that office,
shall
receive compensation payable from the county treasury in
semimonthly installments at one-fourth the rate that is
prescribed
for the clerks of courts of common pleas as
determined in
accordance with the population of the county and
the rates set
forth in sections 325.08 and 325.18 of the
Revised Code.
(3) During the temporary absence of the clerk due to
illness, vacation, or other proper cause, the court may appoint a
temporary clerk, who shall be paid the same compensation,
have
the
same authority, and perform the same duties as the clerk.
(B) Except in the Clermont county, Hamilton county,
Medina,
Portage county, and Wayne county municipal courts, if a vacancy
occurs in the office of the clerk of the Alliance, Lorain,
Massillon, or Youngstown municipal court or occurs in the office
of the clerk of a municipal court for which the population of the
territory equals or exceeds one hundred thousand because the
clerk
ceases to hold the office before the end of the clerk's term or
because a clerk-elect fails to take office, the vacancy shall be
filled, until a successor is elected and qualified, by a person
chosen by the residents of the territory of the court who are
members of the county central committee of the political party by
which the last occupant of that office or the clerk-elect was
nominated. Not less than five nor more than fifteen days after a
vacancy occurs, those members of that county central committee
shall meet to make an appointment to fill the vacancy. At least
four days before the date of the meeting, the chairperson or a
secretary of the county central committee shall notify each such
member of that county central committee by first class
mail of the
date, time, and place
of the meeting and its purpose. A majority
of all such members of
that county central committee constitutes a
quorum, and a
majority of the quorum is
required to make the
appointment. If the office so vacated was
occupied or was to be
occupied by a person not nominated at a
primary election, or if
the appointment was not made by the
committee members in
accordance with this division, the court
shall make an appointment
to fill the vacancy. A successor shall
be elected to fill the
office for the unexpired term at the first
municipal election that
is held more than one hundred twenty days
after the vacancy
occurred.
(C)(1) In a municipal court, other than the Auglaize county,
the Columbiana county, and the Lorain municipal
courts,
for which
the population of the territory is
less than one hundred thousand
and in the Medina municipal
court, the clerk of the municipal
court
shall receive the annual compensation that the
presiding
judge of the court
prescribes, if the revenue of the court for the
preceding calendar year, as
certified by the auditor or chief
fiscal officer of the municipal corporation
in which the court is
located or, in the case of a county-operated municipal
court, the
county auditor, is equal to or greater than the expenditures,
including any debt charges, for the operation of the court payable
under this
chapter from the city treasury or, in the case of a
county-operated municipal
court, the county treasury for that
calendar year, as also certified by the
auditor or chief fiscal
officer. If the revenue of a municipal court, other
than the
Auglaize county, the Columbiana county, and the
Lorain municipal
courts, for which
the population of the territory is less than one
hundred thousand or the
revenue of the Medina municipal court for
the preceding calendar year
as so certified is not equal to or
greater than those expenditures for the
operation of the court for
that calendar year as so certified, the clerk of a
municipal court
shall receive the annual compensation that the
legislative
authority prescribes.
As used in this division,
"revenue" means
the total of all costs and fees that are collected and paid to the
city
treasury or, in a county-operated municipal court, the county
treasury by the
clerk of the municipal court under division (F) of
this section and
all interest received and paid to the city
treasury or, in a county-operated
municipal court, the county
treasury in relation to the costs and fees under
division (G) of
this section.
(2) In
a municipal court, other than the
Clermont county,
Hamilton county, Medina, Portage
county, and Wayne
county
municipal courts, for which the population of the territory
is one
hundred thousand or more, and in the Lorain
municipal court, the
clerk of the municipal court
shall receive annual compensation in
a sum equal to eighty-five
per cent of the salary of a judge of
the court.
(3) The compensation
of a clerk described in division (C)(1)
or (2) of this
section is payable in semimonthly installments from
the same sources and
in the same manner as provided in section
1901.11 of the Revised
Code.
(D) Before entering upon the duties of the clerk's office,
the
clerk of a municipal court shall give bond of not less than
six
thousand dollars to be determined by the judges of the court,
conditioned upon the faithful performance of the clerk's duties.
(E) The clerk of a municipal court may do all of the
following: administer oaths, take affidavits, and issue
executions upon any judgment rendered in the court, including a
judgment for unpaid costs; issue, sign, and attach the seal of
the
court to all writs, process, subpoenas, and papers issuing
out of
the court; and approve all bonds, sureties, recognizances,
and
undertakings fixed by any judge of the court or by law. The clerk
may
refuse to accept for filing any pleading or paper submitted
for filing by a
person who has been found to be a vexatious
litigator under section 2323.52
of the Revised Code and who has
failed to obtain leave to proceed under that
section. The clerk
shall do all of the following: file and safely keep all
journals,
records, books, and papers belonging or appertaining to
the court;
record the proceedings of the court; perform all other
duties that
the judges of the court may prescribe; and keep a
book showing all
receipts and disbursements, which book shall be
open for public
inspection at all times.
The clerk shall prepare and maintain a general index, a
docket, and other records that the court, by rule, requires, all
of which shall be the public records of the court. In the
docket,
the clerk shall enter, at the time of the commencement of
an
action, the names of the parties in full, the names of the
counsel, and the nature of the proceedings. Under proper dates,
the clerk shall note the filing of the complaint, issuing of
summons or
other process, returns, and any subsequent pleadings.
The clerk
also shall enter all reports, verdicts, orders,
judgments, and
proceedings of the court, clearly specifying the
relief granted
or orders made in each action. The court may order
an extended
record of any of the above to be made and entered,
under the
proper action heading, upon the docket at the request of
any
party to the case, the expense of which record may be taxed as
costs in the case or may be required to be prepaid by the party
demanding the record, upon order of the court.
(F) The clerk of a municipal court shall receive, collect,
and issue receipts for all costs, fees, fines, bail, and other
moneys payable to the office or to any officer of the court. The
clerk
shall each month disburse to the proper persons or officers,
and
take receipts for, all costs, fees, fines, bail, and other
moneys
that the clerk collects. Subject to sections 3375.50 and
4511.193
of
the Revised Code and to any other section of the
Revised Code
that requires a specific manner of disbursement of
any moneys
received by a municipal court and except for the
Hamilton county,
Lawrence county, and Ottawa county municipal
courts, the clerk shall pay all
fines received for violation of
municipal ordinances into the
treasury of the municipal
corporation the ordinance of which was
violated and shall pay all
fines received for violation of
township resolutions adopted
pursuant to Chapter 504. of the
Revised Code into the treasury of
the township the resolution of
which was violated. Subject to
sections 1901.024 and 4511.193 of
the Revised Code, in the
Hamilton county, Lawrence county, and Ottawa county
municipal
courts, the clerk shall pay fifty per cent of the fines
received
for violation of municipal ordinances and fifty per cent
of the
fines received for violation of township resolutions
adopted
pursuant to Chapter 504. of the Revised Code into the
treasury of
the county. Subject to sections 3375.50, 3375.53,
4511.99
4511.19, and 5503.04 of the Revised Code and to any other section
of the Revised Code that requires a specific manner of
disbursement of any moneys received by a municipal court, the
clerk shall pay all fines collected for the violation of state
laws into the county treasury. Except in a county-operated
municipal court, the clerk shall pay all costs and fees the
disbursement of which is not otherwise provided for in the
Revised
Code into the city treasury. The clerk of a
county-operated
municipal court shall pay the costs and fees the
disbursement of
which is not otherwise provided for in the
Revised Code into the
county treasury. Moneys deposited as
security for costs shall be
retained pending the litigation. The
clerk shall keep a separate
account of all receipts and
disbursements in civil and criminal
cases, which shall be a
permanent public record of the office. On
the expiration of the
term of the clerk, the clerk shall deliver
the records to the clerk's
successor. The clerk shall have other
powers and duties as are prescribed by
rule or order of the court.
(G) All moneys paid into a municipal court shall be noted
on
the record of the case in which they are paid and shall be
deposited in a state or national bank, or a domestic savings and
loan association, as defined in section 1151.01 of the Revised
Code, that is selected by the clerk. Any interest received upon
the deposits shall be paid into the city treasury, except that, in
a county-operated municipal court, the interest shall be paid
into
the treasury of the county in which the court is located.
On the first Monday in January of each year, the clerk
shall
make a list of the titles of all cases in the court that
were
finally determined more than one year past in which there
remains
unclaimed in the possession of the clerk any funds, or
any part of
a deposit for security of costs not consumed by the
costs in the
case. The clerk shall give notice of the moneys to
the parties
who are entitled to the moneys or to their attorneys
of record.
All the moneys remaining unclaimed on the first day
of April of
each year shall be paid by the clerk to the city
treasurer, except
that, in a county-operated municipal court, the
moneys shall be
paid to the treasurer of the county in which the
court is located.
The treasurer shall pay any part of the
moneys at any time to the
person who has the right to the
moneys upon proper certification
of the clerk.
(H) Deputy clerks may be appointed by the clerk and shall
receive the compensation, payable in semimonthly installments out
of the city treasury, that the clerk may prescribe, except that
the compensation of any deputy clerk of a county-operated
municipal court shall be paid out of the treasury of the county
in
which the court is located. Each deputy clerk shall take an
oath
of office before entering upon the duties of the deputy clerk's
office
and, when so qualified, may perform the duties appertaining
to the
office of the clerk. The clerk may require any of the
deputy
clerks to give bond of not less than three thousand
dollars,
conditioned for the faithful performance of the deputy
clerk's duties.
(I) For the purposes of this section, whenever the
population of the territory of a municipal court falls below one
hundred thousand but not below ninety thousand, and the
population
of the territory prior to the most recent regular
federal census
exceeded one hundred thousand, the legislative
authority of the
municipal corporation may declare, by
resolution, that the
territory shall be considered to have a
population of at least one
hundred thousand.
(J) The clerk or a deputy clerk shall be in attendance at
all sessions of the municipal court, although not necessarily in
the courtroom, and may administer oaths to witnesses and jurors
and receive verdicts.
Sec. 1905.01. (A) In all municipal corporations, other than
Batavia in Clermont county, not being
the site of a municipal
court nor a place where a judge of the
Auglaize county, Crawford
county, Jackson county, Miami county,
Portage county, or Wayne
county municipal court sits as required
pursuant to section
1901.021 of the Revised Code or by
designation of the judges
pursuant to section 1901.021 of the
Revised Code, the mayor of the
municipal corporation has
jurisdiction, except as provided in
divisions (B),
(C), and (E) of this
section and subject to the
limitation contained in section
1905.03 and the limitation
contained in section 1905.031 of the
Revised Code, to hear and
determine any prosecution for the
violation of an ordinance of the
municipal corporation, to hear
and determine any case involving a
violation of a vehicle parking
or standing ordinance of the
municipal corporation unless the
violation is required to be
handled by a parking violations
bureau or joint parking violations
bureau pursuant to Chapter
4521. of the Revised Code, and to hear
and determine all criminal
causes involving any moving traffic
violation occurring on a
state highway located within the
boundaries of the municipal
corporation, subject to the
limitations of sections 2937.08 and
2938.04 of the Revised Code.
(B)(1) In all municipal corporations, other than Batavia
in
Clermont county, not being the site of
a municipal court nor a
place where a judge of a court listed in
division (A) of this
section sits as required pursuant to section
1901.021 of the
Revised Code or by designation of the judges
pursuant to section
1901.021 of the Revised Code, the mayor of
the municipal
corporation has jurisdiction, subject to the
limitation contained
in section 1905.03 of the Revised Code, to
hear and determine
prosecutions involving a violation of an
ordinance of the
municipal corporation relating to operating a
vehicle while under
the influence of alcohol, a drug of abuse, or
alcohol and a
drug
of abuse
combination of them or relating to operating a vehicle
with a prohibited
concentration of alcohol in the
whole blood,
blood serum or plasma, breath,
or urine, and to
hear and determine
criminal causes involving a
violation of
section 4511.19 of the
Revised Code that occur on a
state highway
located within the
boundaries of the municipal
corporation,
subject to the
limitations of sections 2937.08 and
2938.04 of the
Revised Code,
only if the person charged with the
violation,
within six years of
the date of the violation
charged, has not
been convicted of or
pleaded guilty to any of
the following:
(a) A violation of an ordinance of any municipal
corporation
relating to operating a vehicle while under the
influence of
alcohol, a drug of abuse, or
alcohol and a
drug of
abuse
combination of them or
relating to operating a vehicle with a
prohibited
concentration of
alcohol in the
whole blood,
blood
serum or plasma, breath, or urine;
(b) A violation of section 4511.19 of the Revised Code;
(c) A violation of any ordinance of any municipal
corporation or of any section of the Revised Code that regulates
the operation of vehicles, streetcars, and trackless trolleys
upon
the highways or streets,
in relation to which all of the
following
apply:
(i) The person, in the case in which the conviction was
obtained or the plea of guilty was entered, had been charged with
a violation of an ordinance of
any municipal corporation relating
to operating a vehicle while under the influence of alcohol, a
drug of abuse, or alcohol and a drug of abuse or relating to
operating a vehicle with a prohibited concentration of alcohol in
the blood, breath, or urine
a type described in division (B)(1)(a)
of this section, or with a violation of section
4511.19 of the
Revised Code;
(ii) The charge of the violation described in division
(B)(1)(c)(i) of this section was dismissed or reduced;
(iii) The violation of which the person was convicted or
to
which the person pleaded guilty arose out of the same
facts and
circumstances and the same act as did the charge that was
dismissed or reduced.
(d) A violation of a statute of the United States or of any
other state or a
municipal ordinance of a municipal corporation
located in any other state that
is substantially similar to
section 4511.19 of the Revised Code.
(2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (B)(1)(a) or
(b)
of this section, regardless of where the violation occurred,
if
the person charged with the violation, within six years of
the
violation charged, has been convicted of or pleaded guilty to
any
violation listed in division (B)(1)(a), (b), (c), or
(d) of this
section.
If the mayor of a municipal corporation, in hearing a
prosecution involving a violation of an ordinance of the
municipal
corporation the mayor serves relating to operating
a vehicle while
under the influence of alcohol, a drug of abuse, or
alcohol
and a
drug of abuse
combination of them or relating to operating a
vehicle with a
prohibited
concentration of alcohol in the
whole
blood,
blood serum or plasma, breath, or
urine, or in
hearing a
criminal cause involving a violation of
section 4511.19
of the
Revised Code, determines that the person
charged, within
six years
of the violation charged, has
been
convicted of or
pleaded guilty
to any violation listed in
division (B)(1)(a), (b),
(c), or (d) of
this
section, the mayor
immediately shall transfer
the case to the
county court or
municipal court with jurisdiction
over the
violation charged, in
accordance with section 1905.032 of
the
Revised Code.
(C)(1) In all municipal corporations, other than Batavia
in
Clermont county, not being the site of
a municipal court and not
being a place where a judge of a court
listed in division (A) of
this section sits as required pursuant
to section 1901.021 of the
Revised Code or by designation of the
judges pursuant to section
1901.021 of the Revised Code, the
mayor of the municipal
corporation, subject to sections 1901.031,
2937.08, and 2938.04 of
the Revised Code, has jurisdiction to
hear and determine
prosecutions involving a violation of a
municipal ordinance that
is substantially equivalent to division
(B)(1) or (D)(2) of
(A)
of
section 4510.14 or section
4507.02
4510.16 of the Revised Code and
to
hear and determine criminal causes that involve a moving
traffic
violation, that involve a violation of division
(B)(1) or
(D)(2)
of
(A)
of section 4510.14 or section
4507.02
4510.16 of the
Revised Code, and that occur on a state
highway located within the
boundaries of the municipal
corporation only if all of the
following apply regarding the
violation and the person charged:
(a) Regarding a violation of
division (B)(1) of section
4507.02
4510.16 of the Revised Code or a violation of a
municipal
ordinance that is substantially equivalent to that division, the
person charged with the violation, within five years of the date
of the violation charged, has not been convicted of or pleaded
guilty to any of the following:
(i) A violation of
division (B)(1) of section
4507.02
4510.16 of the Revised Code;
(ii) A violation of a municipal ordinance that is
substantially equivalent to
division (B)(1) of section
4507.02
4510.16 of the Revised Code;
(iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets,
in a case in which, after a charge against the person of a
violation of a type described in division (C)(1)(a)(i) or (ii) of
this section was dismissed or reduced, the person is convicted of
or pleads guilty to a violation that arose out of the same facts
and circumstances and the same act as did the charge that was
dismissed or reduced.
(b) Regarding a violation of division
(D)(2)(A) of section
4507.02
4510.14 of the Revised Code or a violation of a
municipal
ordinance that is substantially equivalent to that division, the
person charged with the violation, within five years of the date
of the violation charged, has not been convicted of or pleaded
guilty to any of the following:
(i) A violation of division
(D)(2)(A) of section
4507.02
4510.14 of the Revised Code;
(ii) A violation of a municipal ordinance that is
substantially equivalent to division
(D)(2)(A) of section
4507.02
4510.14 of the Revised Code;
(iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets
in
a case in which, after a charge against the person of a
violation
of a type described in division (C)(1)(b)(i) or (ii) of
this
section was dismissed or reduced, the person is convicted of
or
pleads guilty to a violation that arose out of the same facts
and
circumstances and the same act as did the charge that was
dismissed or reduced.
(2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (C)(1)(a)(i) or
(ii) of this section if the person charged with the violation,
within five years of the violation charged, has been convicted of
or pleaded guilty to any violation listed in division
(C)(1)(a)(i), (ii), or (iii) of this section and does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (C)(1)(b)(i) or
(ii) of this section if the person charged with the violation,
within five years of the violation charged, has been convicted of
or pleaded guilty to any violation listed in division
(C)(1)(b)(i), (ii), or (iii) of this section.
(3) If the mayor of a municipal corporation, in hearing a
prosecution involving a violation of an ordinance of the
municipal
corporation the mayor serves that is substantially
equivalent to
division
(B)(1) or (D)(2) of
(A)
of section
4510.14 or section
4507.02
4510.16 of the Revised
Code or a violation of division
(B)(1) or (D)(2) of
(A)
of section 4510.14 or section
4507.02
4510.16 of the
Revised Code, determines that, under division
(C)(2) of this section, mayors do not have jurisdiction
of the
prosecution, the mayor immediately shall transfer the case to the
county court or municipal court with jurisdiction over the
violation in
accordance with section 1905.032 of the Revised Code.
(D) If the mayor of a municipal corporation has
jurisdiction
pursuant to division (B)(1) of this section to hear
and determine
a prosecution or criminal cause involving a
violation described in
division (B)(1)(a) or (b) of this section,
the authority of the
mayor to hear or determine the prosecution
or cause is subject to
the limitation contained in division (C)
of section 1905.03 of the
Revised Code. If the mayor of a
municipal corporation has
jurisdiction pursuant to division (A)
or (C) of this section to
hear and determine a prosecution or
criminal cause involving a
violation other than a violation
described in division (B)(1)(a)
or (b) of this section, the
authority of the mayor to hear or
determine the prosecution or
cause is subject to the limitation
contained in division
(C) of section 1905.031 of the Revised Code.
(E)(1) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving
any of the following:
(a) A violation of section 2919.25 or 2919.27 of the Revised
Code;
(b) A violation of section 2903.11, 2903.12, 2903.13,
2903.211,
or 2911.211 of the Revised Code that involves a
person
who was a family or household member
of the defendant at the time
of the violation;
(c) A violation of a municipal ordinance that is
substantially
equivalent to an offense described in division
(E)(1)(a)
or (b) of this section and that involves a person who
was a
family or household member of the defendant at the time of
the violation.
(2) The mayor of a municipal corporation does not have
jurisdiction to
hear and determine a motion filed pursuant to
section
2919.26 of the Revised Code or filed pursuant to a
municipal ordinance that is
substantially
equivalent to that
section or to issue a protection order pursuant to that section or
a
substantially equivalent municipal ordinance.
(3) As used in this section,
"family or household member"
has the same
meaning as in section 2919.25 of the Revised Code.
(F) In keeping a docket and files, the mayor, and a
mayor's
court magistrate appointed under section 1905.05 of the
Revised
Code, shall be governed by the laws pertaining to county
courts.
Sec. 1905.201. The mayor of a municipal corporation that
has
a mayor's court, and a mayor's court magistrate, are entitled
to
suspend
or revoke, and shall suspend
or revoke, in accordance
with
division (B) of section 4507.16
sections 4510.02, 4510.07, and
4511.19 of the Revised Code, the
driver's or commercial driver's
license or permit or nonresident
operating privilege of any person
who is convicted of or pleads
guilty to a violation of division
(A) of section 4511.19 of the
Revised Code, of a municipal
ordinance relating to operating a
vehicle while under the
influence of alcohol, a drug of abuse, or
alcohol and a drug of
abuse
a combination of them, or of a municipal ordinance relating
to operating a vehicle with a prohibited concentration of alcohol
in the
whole blood,
blood serum or plasma, breath, or urine that
is substantially equivalent
to division (A) of section 4511.19 of
the Revised Code. The
mayor of a municipal corporation that has a
mayor's court, and a
mayor's court magistrate, are entitled to
suspend, and shall
suspend, in accordance with
division (E) of
section 4507.16
sections 4510.02, 4510.07, and 4511.19 of
the
Revised Code, the driver's, or commercial driver's license or
permit or nonresident operating privilege of any person who is
convicted of or pleads guilty to a violation of division (B) of
section 4511.19 of the Revised Code or of a municipal ordinance
relating to operating a vehicle with a prohibited concentration
of
alcohol in the
whole blood,
blood serum or plasma, breath, or
urine that is substantially
equivalent to division (B) of section
4511.19 of the Revised
Code.
Suspension of a commercial driver's license under this
section shall be concurrent with any period of disqualification
or
suspension
under section
3123.611
3123.58 or 4506.16 of the
Revised Code
or period of suspension under section 3123.58 of the
Revised Code.
No
person who is disqualified for life from holding
a commercial
driver's license
under section 4506.16 of the Revised
Code shall
be issued a
driver's license under Chapter 4507. of the
Revised
Code during
the period for which the commercial driver's
license
was
suspended under this section, and no person whose
commercial
driver's license is suspended under this section shall
be issued
a
driver's license under Chapter 4507. of the Revised
Code during
the period of the suspension.
Sec. 1907.20. (A) The clerk of courts shall be the clerk
of
the county court, except that the board of county
commissioners,
with the concurrence of the county court judges,
may appoint a
clerk for each county court judge, who shall serve
at the pleasure
of the board and shall receive compensation as
set by the board,
payable in semimonthly installments from the
treasury of the
county. An appointed clerk, before entering upon
the duties of
the office, shall give bond of not less than five
thousand
dollars, as determined by the board of county
commissioners,
conditioned upon the faithful performance of
the clerk's duties.
The clerks of courts of common pleas, when acting as the
clerks of county
courts, and upon assuming their county court
duties, shall
receive compensation at one-fourth the rate
prescribed for the
clerks of courts of common pleas as determined
in accordance with
the population of the county and the rates set
forth in sections
325.08 and 325.18 of the Revised Code. This
compensation shall
be paid from the county treasury in semimonthly
installments and
is in addition to the annual compensation
received for the
performance of the duties of the clerk of a court
of common
pleas as provided in sections 325.08
and 325.18 of the
Revised Code.
(B) The clerk of a county court shall have general powers
to
administer oaths, take affidavits, and issue executions upon
any
judgment rendered in the county court, including a judgment
for
unpaid costs, power to issue and sign all writs, process,
subpoenas, and papers issuing out of the court, and to attach the
seal of the court to them, and power to approve all bonds,
sureties, recognizances, and undertakings fixed by any judge of
the court or by law. The clerk shall file and safely keep all
journals,
records, books, and papers belonging or appertaining to
the
court, record its proceedings, perform all other duties that
the
judges of the court may prescribe, and keep a book showing all
receipts and disbursements, which shall be open for public
inspection at all times. The clerk may refuse to accept for
filing any
pleading or paper submitted for filing by a person who
has been found to be a
vexatious litigator under section 2323.52
of the Revised
Code and who has failed to obtain leave to proceed
under that
section.
The clerk shall prepare and maintain a general index, a
docket as prescribed by the court, which shall be furnished by
the
board of county commissioners, and such other records as the
court, by rule, requires, all of which shall be the public
records
of the court. In the docket, the clerk shall enter at times
of
the commencement of an action, the names of the parties in full,
the names of the counsel, and the nature of the proceedings.
Under
proper
dates, the clerk shall note the filing of the
complaint,
issuing of summons or other process, returns, and
pleadings
subsequent thereto. The clerk also shall enter all
reports,
verdicts,
orders, judgments, and proceedings of the
court, clearly
specifying the relief granted or orders made in
each action. The
court may order an extended record of any of the
above to be made
and entered, under the proper action heading,
upon the docket at
the request of any party to the case, the
expense of which may be
taxed as costs in the case or may be
required to be prepaid by
the
party demanding the extended record,
upon order of the court.
(C) The clerk of a county court shall receive and collect
all costs, fees, fines, penalties, bail, and other moneys payable
to the office or to any officer of the court and issue receipts
therefor, and shall each month disburse the costs, fees, fines,
penalties, bail, and other moneys to the proper persons or
officers and take receipts therefor. Subject to sections
3375.51,
3375.53,
4511.19, 4511.193, and
4511.99
5503.04 of the Revised
Code and
all other statutes that require a different distribution
of
fines, fines received for violations of municipal ordinances
shall be paid into the treasury of the municipal corporation
whose
ordinance was violated, fines received for violations of
township
resolutions adopted pursuant to Chapter 504. of the
Revised Code
shall be paid into the treasury of the township
whose resolution
was violated, and fines collected for the
violation of state laws
shall be paid into the county treasury.
Moneys deposited as
security for costs shall be retained pending
the litigation.
The clerk shall keep a separate account of all receipts and
disbursements in civil and criminal cases. The
separate account
shall be a permanent public record of the office. On the
expiration of a clerk's term, those records shall be
delivered to
the clerk's successor.
The clerk shall have such other powers and duties as are
prescribed by rule or order of the court.
(D) All moneys paid into a county court shall be noted on
the record of the case in which they are paid and shall be
deposited in a state or national bank selected by the clerk. On
the first Monday in January of each year, the clerk shall make a
list of the titles of all cases in the county court that were
finally determined more than one year past in which there remains
unclaimed in the possession of the clerk any funds, or any part
of
a deposit for security of costs not consumed by the costs in
the
case. The clerk shall give notice of the moneys to the
parties
entitled to them or to their attorneys of record. All
the moneys
remaining unclaimed on the first day of April of
each year shall
be paid by the clerk to the county treasurer. Any
part of the
moneys shall be paid by the county treasurer at
any time to the
person having the right to them, upon proper
certification of the
clerk.
(E)(1) In county court districts having appointed clerks,
deputy clerks may be appointed by the board of county
commissioners. Clerks and deputy clerks shall receive such
compensation payable in semimonthly installments out of the
county
treasury as the board may prescribe. Each deputy clerk
shall take
an oath of office before entering upon the duties of
the deputy
clerk's office and, when so qualified, may perform the
duties
appertaining to the office of the clerk. The clerk may require
any of the deputy clerks to give bond of not less than three
thousand dollars, conditioned for the faithful performance of the
deputy
clerk's duties.
(2) A clerk of courts acting as clerk of the county court
may appoint deputy clerks to perform the duties pertaining to the
office of clerk of the county court. Each deputy clerk
shall take
an oath of office before entering upon the deputy clerk's duties,
and the clerk of courts may require the deputy clerk to
give bond
of
not less than three thousand dollars, conditioned for the
faithful performance of the deputy clerk's duties.
(3) The clerk or a deputy clerk of a county court shall be
in attendance at all sessions of the court, although not
necessarily in the courtroom, and may administer oaths to
witnesses and jurors and receive verdicts.
(F)(1) In county court districts having appointed clerks,
the board of county commissioners may order the establishment of
one or more branch offices of the clerk and, with the concurrence
of the county judges, may appoint a special deputy clerk to
administer each branch office. Each special deputy clerk shall
take an oath of office before entering upon the duties of the
deputy clerk's
office and, when so qualified, may perform any one
or more of the
duties appertaining to the office of clerk, as the
board
prescribes. Special deputy clerks shall receive such
compensation payable in semimonthly installments out of the
county
treasury as the board may prescribe. The board may
require any of
the special deputy clerks to give bond of not less
than three
thousand dollars, conditioned for the faithful
performance of the
deputy clerk's duties.
The board of county commissioners may authorize the clerk
of
the county court to operate one or more branch offices, to
divide
the clerk's time between the offices, and to perform duties
appertaining to the office of clerk in locations
that the board
prescribes.
(2) A clerk of courts acting as clerk of the county court
may establish one or more branch offices for the clerk's duties as
clerk of the county court and, with the concurrence of the
county
court judges, may appoint a special deputy clerk to administer
each branch office. Each special deputy clerk shall take an oath
of office
before entering upon the deputy clerk's duties and, when
so qualified, may
perform
any of the duties pertaining to the
office of clerk, as the clerk of courts
prescribes. The clerk of
courts may require any of the special
deputy clerks to give bond
of not less than three thousand
dollars, conditioned for the
faithful performance of the deputy clerk's
duties.
(G) The clerk of courts of the county shall fix the
compensation of deputy clerks and special deputy clerks appointed
by the clerk pursuant to this section. Those personnel
shall be
paid and be subject to the same requirements as other employees of
the clerk under the provisions of section 325.17 of the Revised
Code
insofar as that section is applicable.
Sec. 2151.354. (A) If the child is adjudicated an unruly
child, the court may:
(1) Make any of the dispositions authorized under section
2151.353 of the Revised Code;
(2) Place the child on community control under any
sanctions, services, and conditions that the court prescribes,
as
described in division (A)(3) of section 2152.19 of the Revised
Code;
(3) Suspend
or revoke the driver's license, probationary
driver's
license, or temporary instruction permit issued to the
child
for a period of time prescribed by the court and suspend
or
revoke the registration of all motor vehicles
registered in the
name of the
child
for a period of time prescribed by the court. A
child whose license or
permit is so suspended
or
revoked is
ineligible for issuance of a
license or permit during the period
of
suspension
or revocation.
At the end of the period of
suspension
or
revocation, the child
shall not be reissued a
license or permit until the
child has paid
any applicable
reinstatement fee and complied with all
requirements governing
license reinstatement.
(4) Commit the child to the temporary or permanent custody
of the court;
(5)
Make any further disposition the court finds proper that
is consistent
with sections 2151.312 and 2151.56 to 2151.61 of the
Revised Code;
(6) If, after making a disposition under division (A)(1),
(2), or (3) of this section, the court finds upon further hearing
that the child is not amenable to treatment or rehabilitation
under that disposition, make a disposition otherwise authorized
under divisions (A)(1), (3), (4), and (7) of section 2152.19 of
the
Revised Code
that is
consistent with sections 2151.312
and
2151.56
to
2151.61 of the Revised Code.
(B) If a child is adjudicated an unruly child for
committing
any act that, if committed by an adult, would be a
drug abuse
offense, as defined in section 2925.01 of the Revised
Code, or a
violation of division (B) of section 2917.11 of the
Revised Code,
then, in addition to imposing, in its discretion,
any other order
of disposition authorized by this section, the
court shall do both
of the following:
(1) Require the child to participate in a drug abuse or
alcohol abuse counseling program;
(2) Suspend
or revoke the temporary instruction permit,
probationary driver's license, or driver's license
issued to the
child for a period of time
prescribed by the court
or, at the
discretion of
the court, until. The court, in its discretion, may
terminate the suspension if the child attends and
satisfactorily
completes a drug
abuse or alcohol abuse education,
intervention,
or treatment program
specified by the court. During
the time the
child is attending
the
a program
as described in this division,
the court shall
retain
any
the child's temporary instruction
permit, probationary driver's
license, or driver's
license
issued
to the child, and
the court shall
return
the permit or license
when the child satisfactorily
completes the
program
if it
terminates the suspension.
(C)(1) If a child is adjudicated an unruly child for being
an habitual truant, in addition to or in lieu of
imposing any
other order of disposition
authorized by this section, the court
may do any of the
following:
(a) Order the board of education of the child's school
district
or the governing board of the educational service center
in the child's school
district to require the child to attend an
alternative school if an
alternative school has been established
pursuant to section 3313.533
of the Revised Code in the school
district in which the
child is entitled to attend school;
(b) Require the child to participate in any academic program
or
community service program;
(c) Require the child to participate in a drug abuse or
alcohol
abuse counseling program;
(d) Require that the child receive appropriate medical or
psychological treatment or counseling;
(e) Make any other order that the court finds proper to
address
the child's habitual truancy, including an order requiring
the child to not be
absent without
legitimate excuse from the
public school the child is supposed to attend
for five or more
consecutive days, seven or more school days in
one school month,
or twelve or more school days in a school year
and including an
order
requiring the child to participate in a truancy prevention
mediation
program.
(2) If a child is adjudicated an unruly child for being
an
habitual truant and the court determines that the
parent,
guardian, or other person having care of the child has
failed to
cause the child's attendance at school in violation of
section
3321.38 of the Revised
Code, in addition to any order of
disposition authorized by this
section, all of the following
apply:
(a) The court may require the parent, guardian, or other
person
having care of the
child to participate in any community
service program, preferably a community
service program that
requires the involvement of the parent, guardian, or
other person
having care of the child in the school attended by the
child.
(b) The court may require the
parent, guardian, or other
person having care of the child to participate in a
truancy
prevention mediation program.
(c) The court shall warn the parent, guardian, or other
person having care of the child that any subsequent adjudication
of the
child as an unruly or delinquent child for being an
habitual or chronic
truant may result in a criminal charge against
the parent,
guardian, or other person having care of the child for
a violation
of division (C) of section 2919.21 or section
2919.24
of the Revised Code.
Sec. 2152.19. (A) If a child is adjudicated a delinquent
child,
the court may make any of the following orders of
disposition, in
addition to any other disposition authorized or
required by this
chapter:
(1) Any
order that is authorized by section 2151.353 of the
Revised Code for the care and protection of an abused,
neglected,
or
dependent child.
(2) Commit the child to the temporary custody of any school,
camp, institution, or other facility operated for the care of
delinquent
children by the county, by a district organized under
section
2152.41 or 2151.65 of the Revised Code, or by a private
agency or organization, within or without the state, that is
authorized and
qualified to provide the care, treatment, or
placement required;
(3) Place the child on community control under any
sanctions, services,
and conditions that the court prescribes. As
a condition of
community control in every case and in addition to
any other
condition that it imposes upon the child, the court
shall require the child
to abide by the law during the period of
community control. As
referred to in this division, community
control includes, but is
not limited to, the following sanctions
and conditions:
(a) A period of basic probation supervision in which the
child is required to maintain contact with a person appointed to
supervise the
child in accordance with sanctions
imposed by the
court;
(b) A period of intensive probation supervision in which
the
child is required to maintain frequent contact with a person
appointed by
the court to supervise
the child while the child is
seeking or maintaining employment and
participating in training,
education, and treatment programs as
the order of disposition;
(c) A period of day reporting in which the child is
required
each day to report to and leave a center or another approved
reporting location at specified
times in order to participate in
work, education or training,
treatment, and other approved
programs at the center or outside
the center;
(d) A period of community service of up to five hundred
hours for an act that would be a felony or a misdemeanor of the
first degree
if committed by an adult,
up to two hundred hours for
an act that would be a misdemeanor of the second,
third, or fourth
degree
if committed by an adult, or up to thirty hours for an act
that
would be a minor misdemeanor if committed by an adult;
(e) A requirement that the child obtain a high school
diploma, a
certificate of high school equivalence, vocational
training, or
employment;
(f) A period of drug and alcohol use monitoring;
(g) A requirement of alcohol or drug assessment or
counseling, or a period in an alcohol or drug treatment program
with a level
of security for the child
as determined necessary by
the court;
(h) A period in which the court orders the child to
observe
a curfew that may involve daytime or evening hours;
(i) A requirement that the child serve monitored time;
(j) A period of house arrest with or without electronic
monitoring;
(k) A period of electronic monitoring without house arrest
or
electronically monitored house arrest that does not exceed the
maximum
sentence of imprisonment
that could be imposed upon an
adult who commits the same act.
A period of electronically monitored house arrest imposed
under
this division shall not extend beyond the child's
twenty-first birthday. If a
court
imposes a period of
electronically monitored house arrest upon a
child under this
division, it shall require the child: to wear,
otherwise have
attached to the child's person, or otherwise be
subject to
monitoring by a certified electronic monitoring device
or to
participate in the operation of and monitoring by a
certified
electronic monitoring system; to remain in the child's
home or
other specified premises for the entire period of
electronically
monitored house arrest except when the court
permits the child to
leave those premises to go to school or to
other specified
premises; to be monitored by a central system that
can determine
the child's location at designated times; to report
periodically
to a person designated by the court; and to enter
into a written
contract with the court agreeing to comply with all
requirements
imposed by the court, agreeing to pay any fee imposed
by the court
for the costs of the electronically monitored house
arrest, and
agreeing to waive the right to receive credit for any
time served
on electronically monitored house arrest toward the
period of any
other dispositional order imposed upon the child if
the child
violates any of the requirements of the dispositional
order of
electronically monitored house arrest. The court also
may impose
other reasonable requirements upon the child.
Unless ordered by the court, a child shall not receive credit
for any time
served on
electronically monitored house arrest
toward any other dispositional
order imposed upon the child for
the act for which was imposed the
dispositional order of
electronically monitored house arrest.
(l) A suspension of the driver's license, probationary
driver's
license, or temporary instruction permit issued to the
child
for a period of time prescribed by the court, or a
suspension
of the
registration of all motor vehicles
registered in
the name of the child
for a period of time prescribed by the
court. A child whose license or
permit is so suspended is
ineligible for issuance of a license or
permit during the period
of suspension. At the end of the period
of suspension, the child
shall not be reissued a license or permit
until the child has paid
any applicable reinstatement fee and
complied with all
requirements governing license reinstatement.
(4) Commit the child to the custody of the
court;
(5)
Require the child to not be absent without legitimate
excuse from
the public school the child is supposed to attend for
five or more
consecutive days, seven or more school days in one
school month, or
twelve or more school days in a school year;
(6)(a) If a child is adjudicated a delinquent child for
being a
chronic truant or an habitual truant who previously has
been adjudicated an
unruly child for being a
habitual truant, do
either or both of the following:
(i) Require the child to participate in a truancy prevention
mediation program;
(ii) Make any order of disposition as authorized by this
section,
except that the court shall not commit the child to a
facility described
in division (A)(2) of this section unless the
court
determines that the child violated a lawful court order made
pursuant to
division (C)(1)(e) of section 2151.354 of the
Revised
Code
or division (A)(5) of this section.
(b) If a child is adjudicated a delinquent child for being a
chronic truant or a habitual truant who previously has been
adjudicated an
unruly child for being a
habitual truant and the
court determines that the parent,
guardian, or other person having
care of the child has failed to
cause the child's attendance at
school in violation of section
3321.38 of the Revised Code, do
either or both of the
following:
(i) Require the parent, guardian, or other person having
care of
the child to participate in a truancy prevention mediation
program;
(ii) Require the parent, guardian, or other person having
care of
the child to participate in any community service program,
preferably a
community service program that
requires the
involvement of the parent, guardian, or other person
having care
of the child in the school attended by the child.
(7) Make any further disposition that the court finds
proper,
except that the child shall not be placed in any of the
following:
(a) A state correctional institution, a county, multicounty,
or
municipal jail or workhouse, or another place in which an adult
convicted of a crime, under arrest, or charged with a crime is
held;
(b) A community corrections facility, if the child would be
covered by the definition of public safety beds for purposes of
sections
5139.41 to 5139.45 of the Revised Code if the court
exercised its authority to commit the child to the legal custody
of the
department of youth services for institutionalization
or
institutionalization in a secure facility pursuant to this
chapter.
(B) If a child is adjudicated a delinquent child, in
addition to
any order of disposition made under division (A) of
this section, the
court, in
the following situations
and for the
specified periods of time, shall
suspend the child's temporary
instruction
permit, restricted
license, probationary driver's
license, or nonresident
operating
privilege, or suspend the
child's ability to obtain such a permit:
(1)
The
If the child is adjudicated a delinquent child for
violating
section 2923.122 of the Revised Code,
with the
suspension
and denial being
impose a class four suspension of the
child's license, permit, or privilege from the range specified in
division (A)(4) of section 4510.02 of the Revised Code or deny the
child the issuance of a license or permit in accordance with
division
(E)(F)(1)(a),
(c), (d), or (e) of section 2923.122 of
the
Revised Code.
(2)
The
If the child is adjudicated a delinquent child for
committing an
act that if committed by an adult would be a drug
abuse offense
or for violating
division (B) of section 2917.11 of
the Revised
Code,
with
suspend the child's license, permit, or
privilege for a period of time prescribed by the court. The court,
in its discretion, may terminate the suspension
continuing until
if the child
attends and
satisfactorily completes a drug abuse or
alcohol abuse
education,
intervention, or treatment program
specified by the
court. During
the time the child is attending
the
a program
as described in this division, the
court shall
retain
any
the child's
temporary instruction permit, probationary
driver's license, or driver's
license
issued to the child, and the
court shall return the permit or license
when the child
satisfactorily completes the program
if it terminates the
suspension as described in this division.
(C) The court may establish a victim-offender mediation
program
in which victims and their offenders meet to discuss the
offense and suggest
possible restitution. If the court obtains
the
assent of the victim of the delinquent act committed by the
child,
the court may require the child to participate in the
program.
(D)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony if committed by an adult
and if the
child caused, attempted to cause, threatened to
cause,
or created a risk of physical harm to the victim of the
act, the
court, prior to issuing an order of disposition under
this
section, shall order the preparation of a victim impact
statement
by the probation department of the county in which the
victim of
the act resides, by the court's own probation department, or by a
victim assistance program that is operated by the state, a county,
a municipal
corporation, or another governmental entity. The court
shall
consider the victim impact statement in determining the
order of
disposition to issue for the child.
(2) Each victim impact statement shall identify the victim
of the
act for which the child was adjudicated a delinquent child,
itemize any
economic loss suffered by the victim as a result of
the act,
identify any physical injury suffered by the victim as a
result of
the act and the seriousness and permanence of the
injury, identify
any change in the victim's personal welfare or
familial
relationships as a result of the act and any
psychological impact
experienced by the victim or the victim's
family as a result of the act, and
contain any other
information
related to the impact of the act upon the victim that the
court
requires.
(3) A victim impact statement shall be kept confidential and
is
not a public record. However, the court may furnish copies of
the statement
to the department of youth services if the
delinquent child
is committed to the department or to both the
adjudicated
delinquent child or the adjudicated delinquent child's
counsel and
the prosecuting attorney. The copy of a victim impact
statement
furnished by the court to the department pursuant to
this section
shall be kept confidential and is not a public
record. The copies of a victim
impact statement that are made
available to the adjudicated delinquent child or the adjudicated
delinquent child's counsel and the
prosecuting attorney pursuant
to this division shall be returned to the
court by the person to
whom they were made available
immediately following the imposition
of an order of disposition for the
child under this chapter.
(4) The department of youth services shall work with local
probation departments and victim assistance programs to develop a
standard victim impact statement.
(E) If a child is adjudicated a delinquent child for being a
chronic
truant or an habitual truant who previously has been
adjudicated an
unruly child for being an habitual truant and the
court determines that
the parent, guardian, or other person having
care of the child has
failed to cause the child's attendance at
school in violation of
section 3321.38 of the Revised Code, in
addition to any
order of
disposition it makes under this section,
the court shall warn the
parent, guardian, or other person having
care of the child that
any subsequent adjudication of the child as
an unruly or
delinquent child for being an habitual or chronic
truant may
result in a criminal charge against the parent,
guardian, or other
person having care of the child for a violation
of division (C) of
section 2919.21 or section 2919.24 of the
Revised Code.
(F)(1) During the period of a delinquent child's community
control granted under this section, authorized probation officers
who are
engaged within the scope of their supervisory duties
or
responsibilities may search, with or without a warrant, the
person
of the delinquent child, the place of residence of the
delinquent
child, and a motor vehicle, another item of tangible or
intangible
personal property, or other real property in which the
delinquent
child has a right, title, or interest or for which the
delinquent
child has the express or implied permission of a person with a
right, title, or interest to use, occupy, or possess if the
probation officers
have reasonable grounds to believe that the
delinquent child is not abiding by
the law or otherwise is not
complying with the conditions of the
delinquent child's community
control. The court that places a
delinquent child on community
control under this section shall
provide the delinquent child with
a written notice that informs
the delinquent child that authorized
probation officers who are
engaged within the scope of their
supervisory duties or responsibilities may
conduct those types of
searches during the period of community control if they
have
reasonable grounds to believe that the delinquent child is
not
abiding by the law or otherwise is not complying with the
conditions of the delinquent child's community control. The court
also shall provide the written notice described in division
(E)(2)
of this section to each
parent, guardian, or custodian of the
delinquent child who is described in
that
division.
(2) The court that places a child on community control under
this
section shall provide the child's parent, guardian, or other
custodian
with a written notice that informs them that authorized
probation
officers may conduct searches pursuant to division
(E)(1) of this
section. The notice shall specifically state that
a permissible
search might extend to a motor vehicle, another item
of tangible
or intangible personal property, or a place of
residence or other
real property in which a notified parent,
guardian, or custodian
has a right, title, or interest and that
the parent, guardian, or
custodian expressly or impliedly permits
the child to use, occupy,
or possess.
(G) If a juvenile court commits a delinquent child to the
custody of any person, organization, or entity pursuant to this
section and if the delinquent act for which the child is so
committed is a sexually oriented offense, the court in the order
of disposition
shall inform the person, organization, or entity
that it is the
preferred course of action in this state that the
child be
provided treatment as described in division (A)(2) of
section 5139.13
of the Revised Code and shall encourage the
person, organization,
or entity to provide that treatment.
Sec. 2152.21. (A) Unless division (C) of this
section
applies, if a child is adjudicated a juvenile traffic offender,
the court may make any of the following orders of disposition:
(1) Impose costs and one or more financial sanctions
in
accordance with section
2152.20 of the Revised Code;
(2)
Suspend the child's
driver's license, probationary
driver's license, or temporary
instruction
permit
for a definite
period not exceeding two years or
suspend the
registration of
all
motor vehicles registered in the name of
the
child for a
definite
period not exceeding two years.
A child
whose
license
or permit
is so suspended is ineligible for issuance
of a license
or
permit
during the period of suspension. At the
end of the
period of
suspension, the child shall not be reissued a
license or
permit
until the
child
has paid any applicable
reinstatement fee
and
complied with all requirements
governing
license
reinstatement.
(3) Place the child on community control;
(4) Require the child to make restitution for all damages
caused by the child's traffic violation;
(5)(a) If the child is adjudicated a juvenile traffic
offender for committing a violation of division (A) of
section
4511.19 of the Revised Code or of a municipal ordinance
that is
substantially equivalent to that division,
commit the
child, for
not longer than five days, to either of the following:
(i)
To the
The temporary custody of
a detention facility or
district detention
facility established under
section 2152.41 of
the Revised Code;
(ii)
To the
The temporary
custody
of any school, camp,
institution, or other facility for children
operated in whole or
in part for the care of juvenile
traffic offenders of that nature
by the county, by a district organized
under section 2152.41 or
2151.65 of the Revised Code,
or by a private
agency or
organization within the state that is authorized and
qualified to
provide the care, treatment, or placement required.
(b) If an order
of disposition committing a child to the
temporary custody of a home, school,
camp, institution, or other
facility of that nature is
made under division (A)(5)(a) of this
section, the length
of the commitment shall
not be reduced or
diminished as a credit for any time that the child
was held in a
place of detention or shelter care, or otherwise
was detained,
prior to entry of the order of disposition.
(6) If, after making a disposition under divisions (A)(1)
to
(5) of this section, the court finds upon further
hearing that
the
child has failed to comply with the orders of the court and
the
child's operation of a motor vehicle constitutes the
child a
danger to
the child and to others, the court may make any
disposition
authorized by divisions (A)(1), (3), (4), and (7) of
section 2152.19 of the Revised Code, except that the
child may
not
be committed to or placed in a secure correctional facility
unless authorized
by division (A)(5) of this section, and
commitment to or
placement in
a detention facility may not exceed
twenty-four hours.
(B) If a child is adjudicated a juvenile traffic offender
for violating division (A) or (B) of section
4511.19 of the
Revised Code, in addition to any order of disposition made
under
division (A) of this section, the court shall
suspend
impose a
class six suspension of the
temporary instruction permit,
probationary
driver's
license, or
driver's license
issued to the
child
for a definite period of at
least three months but not more
than two years or, at the
discretion of the court, until
from the
range specified in division (A)(6) of section 4510.02 of the
Revised Code. The court, in its discretion, may terminate the
suspension if the
child attends and
satisfactorily completes a
drug abuse or alcohol abuse
education,
intervention, or treatment
program specified by the court. During
the time the child is
attending
the
a program
as described in this division, the court
shall
retain
any
the child's
temporary instruction permit,
probationary driver's
license, or driver's license issued
to the
child, and
the court shall return
the
permit or
license
when the
child satisfactorily completes the
program
if it terminates the
suspension as described in this division.
(C) If a child is adjudicated a juvenile traffic offender
for violating division (B)(1)
or (2) of section 4513.263 of
the
Revised Code, the court shall impose the appropriate fine set
forth in
division (G) of that section
4513.99 of the Revised Code.
If a child is
adjudicated a juvenile traffic offender for
violating
division
(B)(3) of section 4513.263 of the Revised Code
and if
the child is
sixteen years of age or older, the court shall
impose
the fine set
forth in division (G)(2) of
that section
4513.99 of the
Revised Code. If
a child is adjudicated a juvenile
traffic
offender for violating
division (B)(3) of section 4513.263
of the Revised Code and if the
child is under sixteen years of
age,
the court shall not impose a
fine but may place the child on
probation or community control.
(D) A juvenile traffic offender is subject to sections
4509.01 to 4509.78 of the Revised Code.
Sec. 2743.191. (A) There is hereby created in the state
treasury the reparations fund, which shall be used only for the
payment of awards of reparations that are granted by the attorney
general, the
compensation of any
personnel needed by the attorney
general to
administer sections
2743.51 to 2743.72 of the Revised
Code, the compensation of
witnesses as provided in division (B) of
section 2743.65 of the
Revised Code, other administrative costs of
hearing and
determining claims for an award of reparations by the
attorney general,
the costs of
administering sections 2907.28 and
2969.01 to 2969.06 of the
Revised Code,
the costs of investigation
and decision-making as
certified by the
attorney general, the
provision of state financial assistance to
victim assistance
programs in accordance with sections 109.91 and
109.92 of the
Revised Code,
the costs of paying the expenses
of sex
offense-related examinations and antibiotics pursuant to
section
2907.28 of the Revised Code,
the cost of printing and distributing
the pamphlet prepared by the attorney general pursuant to section
109.42 of the Revised Code, and, subject to division (D) of
section 2743.71 of the Revised Code, the costs associated with
the
printing and providing of information cards or other printed
materials to law enforcement agencies and prosecuting authorities
and with publicizing the availability of awards of reparations
pursuant to section 2743.71 of the Revised Code. All costs paid
pursuant to section 2743.70 of the Revised Code, the
portions of
license reinstatement fees mandated by division
(L)(F)(2)(b) of
section 4511.191 of the Revised Code to be
credited
to the fund,
the portions of the proceeds of the sale of a
forfeited vehicle
specified in division
(D)(C)(2) of section
4503.234 of the Revised
Code, payments
collected by the department of rehabilitation and
correction from prisoners
who voluntarily participate in an
approved work and training program pursuant
to division
(C)(8)(b)(ii) of section 5145.16
of the Revised Code, and all
moneys
collected by the
state pursuant to its right of subrogation
provided in section
2743.72 of the Revised Code shall be deposited
in the fund.
(B) In making an award of reparations, the attorney
general
shall
render the award against the state. The award
shall be
accomplished only through the following procedure,
and the
following procedure
may be enforced by writ of mandamus directed
to the appropriate
official:
(1) The attorney general shall provide
for payment of the
claimant or providers in the amount
of the award.
(2) The expense shall be charged against all available
unencumbered moneys in the fund.
(3) If sufficient
unencumbered moneys do not exist in the
fund, the attorney
general shall make
application for payment of
the award out of the emergency
purposes account or any other
appropriation for emergencies or
contingencies, and payment out of
this account or other
appropriation shall be authorized if there
are sufficient moneys
greater than the sum total of then pending
emergency purposes
account requests or requests for releases from
the other
appropriations.
(4) If sufficient moneys do not exist in the account or
any
other appropriation for emergencies or contingencies to pay
the
award, the attorney general shall request the
general assembly to
make an appropriation sufficient to pay the award, and no payment
shall be made until the appropriation has been made. The
attorney
general shall make this appropriation request
during the current
biennium and during each succeeding biennium until a sufficient
appropriation is made. If, prior to the time that an
appropriation is made by the general assembly pursuant to this
division, the fund has sufficient unencumbered funds to pay the
award or part of the award, the available funds shall be used to
pay the award or part of the award, and the appropriation request
shall be amended to request only sufficient funds to pay that
part
of the award that is unpaid.
(C) The attorney general shall not make payment on a
decision
or order granting an award until all appeals
have been
determined and all rights to appeal exhausted, except
as otherwise
provided in this section. If any party to a claim
for an award of
reparations appeals from only a portion of an
award, and a
remaining portion provides for the payment of money
by the state,
that part of the award calling for the payment of money by the
state and not a subject of the appeal shall be processed for
payment as described in this section.
(D) The attorney general shall prepare itemized bills for
the costs of
printing and
distributing the pamphlet the attorney
general prepares
pursuant to section 109.42 of the Revised Code.
The itemized bills shall set
forth the name
and address of the
persons owed the amounts set forth in them.
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of
the
Revised Code:
(A)
"Claimant" means both of the following categories of
persons:
(1) Any of the following persons who claim an award of
reparations under sections 2743.51 to 2743.72 of the Revised
Code:
(a) A victim who was one of the following at the time of
the
criminally injurious conduct:
(i) A resident of the United States;
(ii) A resident of a foreign country the laws of which
permit residents of this state to recover compensation as victims
of offenses committed in that country.
(b) A dependent of a deceased victim who is described in
division (A)(1)(a) of this section;
(c) A third person, other than a collateral source, who
legally assumes or voluntarily pays the obligations of a victim,
or of a dependent of a victim, who is described in division
(A)(1)(a) of this section, which obligations are incurred as a
result of the criminally injurious conduct that is the subject of
the claim and may include, but are not limited to, medical or
burial expenses;
(d) A person who is authorized to act on behalf of any
person who is described in division (A)(1)(a), (b), or (c) of
this
section.
(2) Any of the following persons who claim an award of
reparations under sections 2743.51 to 2743.72 of the Revised
Code:
(a) A victim who had a permanent place of residence within
this state at the time of the criminally injurious conduct and
who, at the time of the criminally injurious conduct, complied
with any one of the following:
(i) Had a permanent place of employment in this state;
(ii) Was a member of the regular armed forces of the
United
States or of the United States coast guard or was a
full-time
member of the Ohio organized militia or of the United
States army
reserve, naval reserve, or air force reserve;
(iii) Was retired and receiving social security or any
other
retirement income;
(iv) Was sixty years of age or older;
(v) Was temporarily in another state for the purpose of
receiving medical treatment;
(vi) Was temporarily in another state for the purpose of
performing employment-related duties required by an employer
located within this state as an express condition of employment
or
employee benefits;
(vii) Was temporarily in another state for the purpose of
receiving occupational, vocational, or other job-related training
or instruction required by an employer located within this state
as an express condition of employment or employee benefits;
(viii) Was a full-time student at an academic institution,
college, or university located in another state;
(ix) Had not departed the geographical boundaries of this
state for a period exceeding thirty days or with the intention of
becoming a citizen of another state or establishing a permanent
place of residence in another state.
(b) A dependent of a deceased victim who is described in
division (A)(2)(a) of this section;
(c) A third person, other than a collateral source, who
legally assumes or voluntarily pays the obligations of a victim,
or of a dependent of a victim, who is described in division
(A)(2)(a) of this section, which obligations are incurred as a
result of the criminally injurious conduct that is the subject of
the claim and may include, but are not limited to, medical or
burial expenses;
(d) A person who is authorized to act on behalf of any
person who is described in division (A)(2)(a), (b), or (c) of
this
section.
(B)
"Collateral source" means a source of benefits or
advantages for economic loss otherwise reparable that the victim
or claimant has received, or that is readily available to the
victim or claimant, from any of the following sources:
(2) The government of the United States or any of its
agencies, a state or any of its political subdivisions, or an
instrumentality of two or more states, unless the law providing
for the benefits or advantages makes them excess or secondary to
benefits under sections 2743.51 to 2743.72 of the Revised Code;
(3) Social security, medicare, and medicaid;
(4) State-required, temporary, nonoccupational disability
insurance;
(5) Workers' compensation;
(6) Wage continuation programs of any employer;
(7) Proceeds of a contract of insurance payable to the
victim for loss that the victim sustained because of the
criminally
injurious conduct;
(8) A contract providing prepaid hospital and other health
care services, or benefits for disability;
(9) That portion of the proceeds of all contracts of
insurance payable to the claimant on account of the death of the
victim that exceeds fifty thousand dollars;
(10) Any compensation recovered or recoverable under the
laws of another state, district, territory, or foreign country
because the victim was the victim of an offense committed in that
state, district, territory, or country.
"Collateral source" does not include any money, or the
monetary value of any property, that is subject to sections
2969.01 to 2969.06 of the Revised Code.
(C)
"Criminally injurious conduct" means one of the
following:
(1) For the purposes of any person described in division
(A)(1) of this section, any conduct that occurs or is attempted
in
this state; poses a substantial threat of personal injury or
death; and is punishable by fine, imprisonment, or death, or
would
be so punishable but for the fact that the person engaging
in the
conduct lacked capacity to commit the crime under the laws
of this
state. Criminally injurious conduct does not include
conduct
arising out of the ownership, maintenance, or use of a
motor
vehicle, except when any of the following applies:
(a) The person engaging in the conduct intended to cause
personal injury or death;
(b) The person engaging in the conduct was using the
vehicle
to flee immediately after committing a felony or an act
that would
constitute a felony but for the fact that the person
engaging in
the conduct lacked the capacity to commit the felony
under the
laws of this state;
(c) The person engaging in the conduct was using the
vehicle
in a manner that constitutes an
OMVI
OVI
violation;
(d) The conduct occurred on or after July 25, 1990, and
the
person engaging in the conduct was using the vehicle in a
manner
that constitutes a violation of section 2903.08 of the
Revised
Code.
(2) For the purposes of any person described in division
(A)(2) of this section, any conduct that occurs or is attempted
in
another state, district, territory, or foreign country; poses
a
substantial threat of personal injury or death; and is
punishable
by fine, imprisonment, or death, or would be so
punishable but for
the fact that the person engaging in the
conduct lacked capacity
to commit the crime under the laws of the
state, district,
territory, or foreign country in which the
conduct occurred or was
attempted. Criminally injurious conduct
does not include conduct
arising out of the ownership,
maintenance, or use of a motor
vehicle, except when any of the
following applies:
(a) The person engaging in the conduct intended to cause
personal injury or death;
(b) The person engaging in the conduct was using the
vehicle
to flee immediately after committing a felony or an act
that would
constitute a felony but for the fact that the person
engaging in
the conduct lacked the capacity to commit the felony
under the
laws of the state, district, territory, or foreign
country in
which the conduct occurred or was attempted;
(c) The person engaging in the conduct was using the
vehicle
in a manner that constitutes an
OMVI
OVI
violation;
(d) The conduct occurred on or after July 25, 1990, the
person engaging in the conduct was using the vehicle in a manner
that constitutes a violation of any law of the state, district,
territory, or foreign country in which the conduct occurred, and
that law is substantially similar to a violation of section
2903.08 of the Revised Code.
(3) For the purposes of any person described in division
(A)(1) or (2) of
this section, terrorism that occurs within or
outside the territorial
jurisdiction of the United States.
(D)
"Dependent" means an individual wholly or partially
dependent upon the victim for care and support, and includes a
child of the victim born after the victim's death.
(E)
"Economic loss" means economic detriment consisting
only
of allowable expense, work loss, funeral expense,
unemployment
benefits loss, replacement services loss,
cost of crime scene
cleanup, and cost of evidence replacement. If
criminally
injurious conduct causes death, economic loss includes
a
dependent's economic loss and a dependent's replacement
services
loss. Noneconomic detriment is not economic loss;
however,
economic loss may be caused by pain and suffering or
physical
impairment.
(F)(1)
"Allowable expense" means reasonable charges incurred
for reasonably needed products, services, and accommodations,
including those for medical care, rehabilitation, rehabilitative
occupational training, and other remedial treatment and care and
including replacement costs for eyeglasses and other corrective
lenses. It does not include that portion of a charge for a room
in a hospital, clinic, convalescent home, nursing home, or any
other institution engaged in providing nursing care and related
services in excess of a reasonable and customary charge for
semiprivate accommodations, unless accommodations other than
semiprivate accommodations are medically required.
(2) An immediate family member of a victim of
criminally
injurious conduct that consists of a homicide, a sexual assault,
domestic violence, or a severe and permanent incapacitating injury
resulting
in
paraplegia or a similar life-altering condition, who
requires psychiatric care
or counseling as a result of the
criminally injurious conduct, may be
reimbursed for that care or
counseling as an allowable expense through the
victim's
application. The cumulative allowable expense for care or
counseling
of that nature for each family member of a victim of
that type
shall not exceed two thousand five hundred dollars.
(G)
"Work loss" means loss of income from work
that the
injured person would have
performed if the person had not
been
injured
and expenses reasonably incurred by the person to obtain
services in
lieu of those the person would have performed for
income,
reduced by any
income from substitute work actually
performed by the
person, or by
income the person would have earned
in available appropriate
substitute
work that the person was
capable of performing but
unreasonably failed to
undertake.
(H)
"Replacement services loss" means expenses reasonably
incurred in obtaining ordinary and necessary services in lieu of
those the injured person would have performed, not for income,
but
for the benefit of the person's self or
family, if the person had
not been
injured.
(I)
"Dependent's economic loss" means loss after a
victim's
death of contributions of things of economic value to
the victim's
dependents, not including services they would
have received
from
the victim if the victim had not suffered the fatal
injury, less
expenses of the dependents avoided by reason of the victim's
death. If a minor child of a victim is adopted after the victim's
death,
the minor child continues after the adoption to incur a
dependent's economic
loss as a result of the victim's death. If
the surviving spouse of a victim
remarries, the surviving spouse
continues after the remarriage to incur a
dependent's economic
loss as a result of the victim's death.
(J)
"Dependent's replacement services loss" means loss
reasonably incurred by dependents after a victim's death in
obtaining ordinary and necessary services in lieu of those the
victim would have performed for their benefit if the victim
had
not suffered the fatal injury, less expenses of the dependents
avoided by reason of the victim's death and not subtracted in
calculating the dependent's economic loss. If a minor child of a
victim is
adopted after the victim's death, the minor child
continues after the adoption
to incur a dependent's replacement
services loss as a result of the victim's
death. If the surviving
spouse of a victim remarries, the surviving spouse
continues after
the remarriage to incur a dependent's replacement services
loss as
a result of the victim's death.
(K)
"Noneconomic detriment" means pain, suffering,
inconvenience, physical impairment, or other nonpecuniary damage.
(L)
"Victim" means a person who suffers personal injury or
death as a result of any of the following:
(1) Criminally injurious conduct;
(2) The good faith effort of any person to prevent
criminally injurious conduct;
(3) The good faith effort of any person to apprehend a
person suspected of engaging in criminally injurious conduct.
(M)
"Contributory misconduct" means any conduct of the
claimant or of the victim through whom the claimant claims an
award of reparations that is unlawful or intentionally tortious
and that, without regard to the conduct's proximity in time or
space to the criminally injurious conduct, has a causal
relationship to the criminally injurious conduct that is the
basis
of the claim.
(N)
"Funeral expense" means any reasonable charges that
are
not in excess of five thousand
dollars per funeral and that
are
incurred for expenses directly related to a victim's
funeral,
cremation, or burial.
(O)
"Unemployment benefits loss" means a loss of
unemployment
benefits pursuant to Chapter 4141. of the Revised
Code when the
loss arises solely from the inability of a victim
to
meet the able
to work, available for suitable work, or the
actively seeking
suitable work requirements of division (A)(4)(a)
of section
4141.29 of the Revised Code.
(P)
"OMVI
OVI violation" means any of the following:
(1) A violation of section 4511.19 of the Revised Code, of
any municipal ordinance prohibiting the operation of a vehicle
while under the influence of alcohol, a drug of abuse, or
alcohol
and a
drug of abuse
combination of them, or of any municipal
ordinance prohibiting
the
operation of a vehicle with a prohibited
concentration of
alcohol
in the
whole blood,
blood serum or
plasma,
breath, or urine;
(2) A violation of division (A)(1) of section 2903.06 of the
Revised Code;
(3) A violation of division (A)(2), (3), or (4) of section
2903.06 of the
Revised Code or
of a municipal ordinance
substantially similar to any of those divisions,
if the offender
was under the influence of alcohol, a drug of
abuse, or
alcohol
and a
drug of abuse
combination of them, at the time of the
commission of the offense;
(4) For purposes of any person described in division
(A)(2)
of this section, a violation of any law of the state,
district,
territory, or foreign country in which the criminally
injurious
conduct occurred, if that law is substantially similar
to a
violation described in division (P)(1) or (2) of this section or
if
that law is substantially similar to a violation described in
division (P)(3) of this section and the offender was under
the
influence of alcohol, a drug of abuse, or
alcohol and a
drug
of
abuse
combination of them, at the time of the commission of the
offense.
(Q)
"Pendency of the claim" for an original reparations
application or supplemental reparations application means the
period of time
from the date the criminally injurious conduct upon
which the application is
based occurred until the date a final
decision, order,
or judgment concerning that original reparations
application or supplemental
reparations application is issued.
(R)
"Terrorism" means any activity to which all of
the
following apply:
(1) The activity involves a violent act or an act that is
dangerous to human life.
(2) The act described in division
(R)(1) of this section is
committed within the territorial jurisdiction of the
United
States
and is a violation of
the criminal laws of the United
States, this
state, or any
other state or the act described in division
(R)(1)
of this section is
committed outside the territorial jurisdiction
of the
United
States and would be a violation
of the criminal laws
of the
United
States, this state, or any
other state if committed
within the territorial jurisdiction of
the United
States.
(3) The activity appears to be intended to do any of the
following:
(a) Intimidate or coerce a civilian
population;
(b) Influence the policy of any government by
intimidation
or coercion;
(c) Affect the conduct of any government by
assassination or
kidnapping.
(4) The activity occurs primarily outside the territorial
jurisdiction of the United
States or transcends the
national
boundaries of the
United States in terms of the means by
which the
activity is accomplished, the person or persons that
the activity
appears intended to intimidate or coerce, or the
area or locale in
which the perpetrator or perpetrators of the
activity operate or
seek asylum.
(S)
"Transcends the national boundaries of the
United
States"
means occurring outside
the territorial jurisdiction of
the
United
States in addition to occurring
within the territorial
jurisdiction of the
United States.
(T)
"Cost of crime scene cleanup" means reasonable and
necessary
costs of cleaning the scene where the criminally
injurious conduct occurred,
not to exceed seven hundred fifty
dollars in the aggregate per claim.
(U)
"Cost of evidence replacement" means costs for
replacement of
property confiscated for evidentiary purposes
related to the criminally injurious conduct, not to exceed seven
hundred fifty
dollars in the aggregate per claim.
(V)
"Provider" means any person who provides a victim or
claimant
with a
product, service, or accommodations that are an
allowable expense or a funeral
expense.
(W)
"Immediate family member" means an individual who is
related
to a victim within the first degree by affinity or
consanguinity.
Sec. 2743.52. (A) The
attorney general shall make
awards of
reparations for economic loss arising from criminally injurious
conduct, if satisfied by a preponderance of the evidence that the
requirements
for an award of reparations have been met.
(B) A court of claims panel of commissioners or a judge of
the court of
claims
has appellate jurisdiction to order awards of
reparations for economic loss
arising
from criminally injurious
conduct, if satisfied by a preponderance of
the evidence that the
requirements for an award of reparations
have been met.
(C) A decision of the attorney general, an order of a court
of claims panel of
commissioners, or the judgment of a judge of
the court of claims
concerning an
OMVI
OVI violation shall not be
used
as the basis for any civil or criminal action and shall not
be
admissible as
evidence in any civil or criminal proceeding.
Sec. 2903.04. (A) No person shall cause the death of
another or the unlawful termination of another's pregnancy as a
proximate result of the offender's committing or
attempting to
commit a felony.
(B) No person shall cause the death of another or the
unlawful termination
of another's pregnancy as a
proximate result
of the offender's committing or attempting to
commit a misdemeanor
of any
degree, a regulatory offense, or a minor misdemeanor
other
than a violation of any section contained in Title
XLV of the
Revised Code that is a minor misdemeanor and other than a
violation of an ordinance of a municipal corporation that,
regardless of the
penalty set by ordinance for the violation, is
substantially equivalent to any
section contained in Title XLV of
the Revised Code that is a minor
misdemeanor.
(C) Whoever violates this section is guilty of involuntary
manslaughter. Violation of division (A) of this section is a
felony of the
first degree. Violation of division (B)
of this
section is a felony of the third degree.
(D) If an offender is
convicted of or
pleads guilty to a
violation of division (A) or (B) of this section and
if the
felony, misdemeanor, or regulatory
offense that the offender
committed or
attempted to commit, that proximately resulted in the
death of
the other person or the unlawful termination of another's
pregnancy,
and that is the basis of the offender's
violation of
division (A) or (B) of this section was a violation of
division
(A) or (B) of section 4511.19 of the Revised Code or of a
substantially equivalent municipal ordinance or included, as an
element of that felony, misdemeanor, or
regulatory offense, the
offender's
operation or participation in the operation of a
snowmobile, locomotive,
watercraft, or aircraft while
the offender
was under the influence of alcohol, a drug of abuse, or
alcohol
and a drug of abuse, both of the following apply:
(1) The court shall
permanently revoke
impose a class one
suspension of the
offender's driver's or commercial driver's
license
or permit or nonresident operating privilege
pursuant to
as
specified in division (A)(1) of
section
4507.16
4510.02 of the
Revised Code.
(2) The court shall impose a mandatory prison term for the
violation of division (A) or (B) of this section from the
range of
prison terms authorized for the level of the offense under section
2929.14 of the Revised Code.
Sec. 2903.06. (A) No person, while operating or
participating in the operation of a motor vehicle, motorcycle,
snowmobile, locomotive, watercraft, or aircraft, shall
cause the
death of another or the unlawful termination of another's
pregnancy
in any of the following ways:
(1) As the proximate result of committing a violation of
division
(A) of section 4511.19 of the Revised Code or of a
substantially
equivalent municipal ordinance;
(4) As the proximate result of committing a violation of any
provision of any section contained in Title XLV of the Revised
Code that is
a minor misdemeanor or of a municipal ordinance that,
regardless of the
penalty
set by ordinance for the violation, is
substantially equivalent to any
provision of any section contained
in Title XLV of the Revised Code that is
a minor
misdemeanor.
(B)(1) Whoever violates division (A)(1) or (2) of
this
section is guilty of aggravated
vehicular homicide and shall be
punished as provided in
divisions (B)(1)(a) and (b) of this
section.
(a) Except as otherwise provided in this division,
aggravated
vehicular homicide committed in violation of division
(A)(1) of this
section is a felony of the second degree.
Aggravated vehicular homicide committed in violation of division
(A)(1) of this section is a
felony of the first degree if, at the
time of the offense, the offender was
driving under a suspension
imposed under Chapter
4507.
4510.
or any other
provision of the
Revised Code or if
the offender previously has been convicted of
or pleaded guilty
to a violation of this section; any
traffic-related homicide, manslaughter, or
assault
offense;
three
prior violations of section 4511.19 of the Revised Code or
of a
substantially equivalent municipal ordinance within the previous
six
years; or a second or subsequent felony violation of
division
(A) of section 4511.19 of the Revised Code.
In addition to any other sanctions imposed, the court shall
permanently revoke
impose upon the offender a class one
suspension
of the offender's driver's license, commercial driver's
license,
temporary
instruction permit, probationary license, or nonresident
operating privilege
pursuant to
as specified in division (A)(1) of
section
4507.16
4510.02 of the Revised Code.
(b) Except as otherwise provided in this division,
aggravated
vehicular homicide committed in violation of division
(A)(2) of
this section is a felony of the third degree.
Aggravated
vehicular homicide
committed in violation
of division
(A)(2) of
this section is a felony of the second
degree if, at the
time of
the offense, the offender was driving under a
suspension
imposed
under Chapter
4507. of the Revised Code
4510. or any
other
provision
of the Revised Code or if the offender previously
has
been convicted of or
pleaded guilty to
a
violation of this
section
or any traffic-related homicide, manslaughter, or
assault
offense.
In addition to any other sanctions imposed, the court shall
suspend
impose upon the offender a class two suspension of the
offender's driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident
operating privilege
for a definite period of three years to life
pursuant to
from the
range specified in division (A)(2) of section
4507.16
4510.02 of the Revised Code.
(2) Whoever violates division (A)(3) of this section is
guilty of
vehicular homicide. Except as otherwise provided in
this division,
vehicular homicide is a misdemeanor of the first
degree.
Vehicular homicide is a felony of the fourth degree if,
at the
time of the offense, the offender was driving under a
suspension
or revocation imposed under Chapter 4507. or any other
provision of the
Revised Code
or if the
offender
previously has
been convicted of or pleaded guilty to a violation of this
section
or any traffic-related homicide, manslaughter, or assault
offense.
In addition to any other sanctions imposed, the court shall
suspend
impose upon the offender a class four suspension of the
offender's driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident
operating privilege
for a definite period of one to five years
pursuant to
from the
range specified in division (A)(4) of section
4507.16
4510.02 of the Revised Code
or, if the offender previously
has been convicted of or pleaded
guilty to a violation of this
section or any traffic-related
homicide, manslaughter, or assault
offense,
for a definite period of two to ten years pursuant to
a
class three
suspension of the offender's driver's license,
commercial driver's license,
temporary instruction permit,
probationary license, or nonresident operating
privilege from the
range specified in division (A)(3) of
that section.
(3) Whoever violates division (A)(4) of this section is
guilty of
vehicular manslaughter. Except as otherwise provided in
this division,
vehicular manslaughter is a misdemeanor of the
second
degree. Vehicular manslaughter is a misdemeanor of the
first
degree if, at the time of the offense, the offender was
driving
under a suspension imposed under Chapter
4507.
4510.
or
any
other provision of the Revised Code
or if the offender
previously has been convicted of or pleaded guilty to a
violation
of this section or any traffic-related homicide, manslaughter, or
assault offense.
In addition to any other sanctions imposed, the court shall
suspend
impose upon the offender a class six suspension of the
offender's driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident
operating privilege
for a definite period of three months to two
years pursuant to
from
the range specified in division (A)(6) of
section
4507.16
4510.02
of the Revised Code
or, if the offender
previously has been convicted of or pleaded guilty to a
violation
of this
section or any traffic-related homicide, manslaughter, or
assault
offense,
for a definite period of one to five years
pursuant to
a
class four suspension of the offender's driver's
license, commercial driver's
license, temporary instruction
permit, probationary license, or nonresident
operating privilege
from the range specified in division (A)(4)
of
that section.
(C) The court shall impose a mandatory prison term on an
offender who
is convicted of or pleads guilty to a violation of
division (A)(1)
of this section. The court shall impose a
mandatory prison term on an
offender who is convicted of or pleads
guilty to a
violation of division (A)(2) or (3) of this section if
either of
the following applies:
(1) The
offender previously has been convicted of or
pleaded
guilty to a violation of this section or section
2903.08 of the
Revised
Code.
(2) At the time of the offense, the
offender was driving
under suspension under Chapter
4507.
4510.
or any other provision
of the
Revised
Code.
(D)(1) As used in this section:
(a)
"Mandatory prison term" has the same
meaning as in
section 2929.01 of the Revised Code.
(b)
"Traffic-related homicide,
manslaughter, or assault
offense"
means a violation of section 2903.04 of the Revised Code
in
circumstances in which division (D) of that section applies, a
violation of section 2903.06 or 2903.08 of the Revised Code, or a
violation of section 2903.06, 2903.07, or 2903.08 of the Revised
Code as they
existed prior
to
the effective date of this amendment
March
23,
2000.
(2) For the purposes of this section, when a penalty or
suspension is enhanced because of a prior or current violation of
a specified law or a prior or current specified offense, the
reference to the violation of the specified law or the specified
offense includes any violation of any substantially equivalent
municipal ordinance, former law of this state, or current or
former law of another state or the United States.
Sec. 2903.08. (A) No person, while operating or
participating in the operation of a motor vehicle, motorcycle,
snowmobile, locomotive, watercraft, or aircraft, shall
cause
serious physical harm to another person or another's unborn
in
either of the following ways:
(1) As the proximate result of committing a violation of
division
(A) of section 4511.19 of the Revised Code or of a
substantially
equivalent municipal ordinance;
(B)(1) Whoever violates division (A)(1) of this
section is
guilty of aggravated
vehicular assault. Except as otherwise
provided in this
division, aggravated vehicular assault is a
felony of the
third degree.
Aggravated vehicular assault is a
felony of the second degree if,
at the time of the offense, the
offender was driving under a suspension
imposed under Chapter
4507.
4510. or any other provision of
the Revised Code or if
the
offender previously has been convicted of or
pleaded guilty to a
violation of this
section;
any traffic-related homicide,
manslaughter, or assault offense;
three prior violations of
section 4511.19 of the Revised Code or a
substantially equivalent
municipal ordinance within the previous
six years; or a second or
subsequent felony violation of division (A)
of section 4511.19 of
the Revised Code.
In addition to any other sanctions imposed, the court shall
suspend
impose upon the offender a class three suspension of the
offender's driver's license,
commercial driver's license,
temporary instruction permit, probationary
license, or nonresident
operating privilege
for a definite period of two to ten years
pursuant to
from the range
specified in division (A)(3) of section
4507.16
4510.02 of the Revised Code or,
if the offender
previously
has been convicted of or pleaded guilty to a violation of this
section or any traffic-related homicide, manslaughter, or assault
offense,
for a definite period of three years to life pursuant to
a class two suspension of the offender's driver's license,
commercial
driver's license, temporary instruction permit,
probationary license, or
nonresident operating privilege from the
range specified in division
(A)(2) of that
section.
(2) Whoever violates division (A)(2) of this section is
guilty of
vehicular assault. Except as otherwise provided in this
division, vehicular
assault is a felony of the fourth degree.
Vehicular assault is a felony of the third degree if, at the time
of the offense, the offender was driving under a suspension
imposed under Chapter
4507.
4510.
or any other
provision of the
Revised Code or if the offender
previously has been convicted of
or pleaded guilty to a violation
of this section or any
traffic-related homicide, manslaughter, or
assault offense.
In addition to any other sanctions imposed, the court shall
suspend
impose upon the offender a class four suspension of
the
offender's driver's license,
commercial driver's license,
temporary instruction permit, probationary
license, or nonresident
operating privilege
for a definite period of one to five years
pursuant to
from the
range specified in division (A)(4) of section
4507.16
4510.02 of the
Revised Code
or, if the offender
previously
has been convicted of or pleaded guilty to a violation of this
section or any traffic-related homicide, manslaughter, or assault
offense,
for a definite period of two to ten years pursuant to
a
class three suspension of the offender's driver's license,
commercial driver's
license, temporary instruction permit,
probationary license, or nonresident
operating privilege from the
range specified in division (A)(3)
of that
section.
(C) The court shall impose a mandatory prison term on an
offender who
is convicted of or pleads guilty to a violation of
division (A)(1)
of this section. The court shall impose a
mandatory prison term on an
offender who is convicted of or pleads
guilty to a
violation of division (A)(2) of this section if either
of the
following applies:
(1) The
offender previously has been convicted of or
pleaded
guilty to a violation of this section or section
2903.06 of the
Revised
Code.
(2) At the time of the offense, the
offender was driving
under suspension under Chapter
4507.
4510. or any other provision
of the
Revised Code.
(D) As used in this section:
(1)
"Mandatory prison term" has the same
meaning as in
section 2929.01 of the Revised Code.
(2)
"Traffic-related homicide, manslaughter, or assault
offense"
has the same meaning as in section 2903.06 of the Revised
Code.
(E) For the purposes of this section, when a penalty or
suspension is enhanced because of a prior or current violation of
a
specified law or a prior or current specified offense, the
reference to
the violation of the specified law or the specified
offense
includes any violation of any substantially equivalent
municipal
ordinance, former law of this state, or current or
former law of
another state or the United States.
Sec. 2907.24. (A) No person shall solicit another to engage
with such other
person in sexual activity for hire.
(B) No person, with knowledge that the person has tested
positive as a
carrier of a virus that causes acquired
immunodeficiency syndrome, shall
engage in conduct in violation of
division (A) of this section.
(C)(1) Whoever violates division (A) of this section
is
guilty of soliciting, a misdemeanor of the third degree.
(2) Whoever violates division (B) of this section is
guilty
of engaging in solicitation after a positive HIV test. If the
offender commits the violation prior to July 1, 1996, engaging in
solicitation after a positive HIV test is a felony of the second
degree. If the offender commits the violation on or after July 1,
1996, engaging in solicitation after a positive HIV test is a
felony
of the third degree.
(D)
If a person is convicted of or pleads guilty to a
violation
of any provision of this section, an attempt to commit a
violation of any
provision of this section, or a violation of or
an attempt to commit a
violation of a municipal ordinance that is
substantially equivalent to any
provision of this section and if
the person, in committing or attempting to
commit the violation,
was in, was on, or used a motor vehicle, the court, in
addition to
or independent of all other penalties imposed for the violation,
shall impose upon the offender a class six suspension of the
person's driver's
license, commercial driver's license, temporary
instruction permit,
probationary license, or nonresident operating
privilege from the range
specified in division (A)(6) of section
4510.02 of the Revised Code.
Sec. 2919.22. (A) No person, who is the parent, guardian,
custodian, person having custody or control, or person in loco
parentis of a child under eighteen years of age or a mentally or
physically handicapped child under twenty-one years of age, shall
create a substantial risk to the health or safety of the child,
by
violating a duty of care, protection, or support. It is not a
violation of a duty of care, protection, or support under this
division when the parent, guardian, custodian, or person having
custody or control of a child treats the physical or mental
illness or defect of the child by spiritual means through prayer
alone, in accordance with the tenets of a recognized religious
body.
(B) No person shall do any of the following to a child under
eighteen years
of age or a mentally or physically handicapped
child under twenty-one years of
age:
(2) Torture or cruelly abuse the child;
(3) Administer corporal punishment or other physical
disciplinary measure, or physically restrain the child in a cruel
manner or for a prolonged period, which punishment, discipline,
or
restraint is excessive under the circumstances and creates a
substantial risk of serious physical harm to the child;
(4) Repeatedly administer unwarranted disciplinary
measures
to the child, when there is a substantial risk that such
conduct,
if continued, will seriously impair or retard the
child's mental
health or development;
(5) Entice, coerce, permit, encourage, compel, hire,
employ,
use, or allow the child to act, model, or in any other
way
participate in, or be photographed for, the production,
presentation, dissemination, or advertisement of any material or
performance that the offender knows or reasonably should know
is
obscene,
is sexually oriented matter, or is nudity-oriented
matter.
(C)(1) No person shall operate a vehicle, streetcar, or
trackless trolley within this state in violation of division
(A)
of section 4511.19 of the Revised Code when one or more
children
under eighteen years of age are in the vehicle,
streetcar, or
trackless trolley. Notwithstanding any other
provision of law, a
person may be convicted at the same trial or
proceeding of a
violation of this division and a violation of
division (A) of
section 4511.19 of the Revised Code that
constitutes
the basis of
the charge of the violation of this
division. For
purposes of
section
sections 4511.191
to 4511.197 of the Revised
Code
and all
related provisions of
law, a person arrested for a
violation of
this division shall be
considered to be under arrest
for operating
a vehicle while under
the influence of alcohol, a
drug of abuse,
or
alcohol and a drug
of abuse
a combination of
them or for
operating a
vehicle with a prohibited
concentration of
alcohol in
the
whole blood,
blood serum or plasma,
breath, or
urine.
(2) As used in division (C)(1) of this section,
"vehicle,"
"streetcar," and
"trackless trolley" have the same meanings as in
section 4511.01 of the Revised Code.
(D)(1) Division (B)(5) of this section does not apply to
any
material or performance that is produced, presented, or
disseminated for a bona fide medical, scientific, educational,
religious, governmental, judicial, or other proper purpose, by or
to a physician, psychologist, sociologist, scientist, teacher,
person pursuing bona fide studies or research, librarian,
member
of the clergy, prosecutor, judge, or other
person having a proper
interest in the material or performance.
(2) Mistake of age is not a defense to a charge under
division (B)(5) of this section.
(3) In a prosecution under division (B)(5) of this
section,
the trier of fact may infer that an actor, model, or
participant
in the material or performance involved is a juvenile
if the
material or performance, through its title, text, visual
representation, or otherwise, represents or depicts the actor,
model, or participant as a juvenile.
(4) As used in this division and division (B)(5) of this
section:
(a)
"Material,"
"performance,"
"obscene," and
"sexual
activity" have the same meanings as in section 2907.01 of the
Revised Code.
(b)
"Nudity-oriented matter" means any material or
performance that shows a minor in a state of nudity and that,
taken as a whole by the average person applying contemporary
community standards, appeals to prurient interest.
(c)
"Sexually oriented matter" means any material or
performance that shows a minor participating or engaging in
sexual
activity, masturbation, or bestiality.
(E)(1) Whoever violates this section is guilty of
endangering children.
(2) If the offender violates division (A) or (B)(1) of
this
section, endangering children is one of the following:
(a) Except as otherwise provided in division
(E)(2)(b), (c),
or (d) of this
section, a misdemeanor of the first degree;
(b) If the offender previously has
been convicted of an
offense under this section or of any offense
involving neglect,
abandonment, contributing to the delinquency
of, or physical abuse
of a child, except as
otherwise provided in division (E)(2)(c) or
(d) of this
section, a felony of the fourth degree;
(c) If the violation is a violation of division (A) of this
section and results in serious physical harm to the
child
involved, a felony of the third degree;
(d) If the violation is a violation of division (B)(1)
of
this section
and results in serious physical harm to the child
involved, a felony of the
second degree.
(3) If the offender violates division (B)(2), (3), or (4)
of
this section, except as otherwise provided in this division,
endangering children is a felony of the third
degree. If the
violation results in serious
physical
harm to the child involved,
or if the offender previously has been
convicted of an offense
under this section or of any offense
involving neglect,
abandonment, contributing to the delinquency
of, or physical abuse
of a child, endangering children is a
felony of the second degree.
(4) If the offender violates division (B)(5) of
this
section, endangering children is a felony of the second
degree.
(5) If the offender violates division (C) of this section,
the offender shall be punished as follows:
(a) Except as otherwise provided in division
(E)(5)(b) or
(c) of this section, endangering children in violation of
division
(C) of
this section is a misdemeanor of the first degree.
(b) If the violation results in serious physical harm to the
child involved or the offender previously has been convicted of
an
offense under this section or any offense involving neglect,
abandonment, contributing to the delinquency of, or physical
abuse
of a child, except as otherwise provided in division
(E)(5)(c) of
this section, endangering
children in violation of
division
(C) of
this section is a felony of the fifth degree.
(c) If the violation results in serious physical harm to
the
child involved and if the offender previously has been
convicted
of a violation of division (C) of this section, section
2903.06 or
2903.08 of the Revised Code, section 2903.07
of the Revised Code
as it existed prior to March 23, 2000,
or section
2903.04 of the
Revised Code in a case in which the offender was
subject to the
sanctions described in division (D) of that
section, endangering
children in violation of division (C) of
this section is a felony
of the fourth degree.
(d) In addition to any term of imprisonment, fine, or
other
sentence, penalty, or sanction it imposes upon the offender
pursuant to division (E)(5)(a), (b), or (c) of this section or
pursuant to any other provision of law, the court also may impose
upon the offender one or both of the following sanctions:
(i) It may require the offender, as part of the offender's
sentence and in the manner described in division (F) of this
section, to
perform not more than two hundred hours of supervised
community
service work under the authority of any agency,
political
subdivision, or charitable organization of the type
described in
division (F)(1) of section 2951.02 of the
Revised
Code,
provided that the court shall not require the offender to
perform
supervised community service work under this division
unless the
offender agrees to perform the supervised community
service work.
(ii) It may suspend the driver's or commercial driver's
license or permit or nonresident operating privilege of the
offender for up to ninety days,
and in addition to any suspension
or
revocation of the offender's driver's or commercial driver's
license or permit or nonresident operating privilege under
Chapter
4506.,
4507., 4509.,
4510., or 4511. of the Revised Code or
under
any
other provision of law, the court also may impose upon the
offender a class seven suspension of the offender's driver's or
commercial driver's license or permit or nonresident operating
privilege from the range specified in division (A)(7) of section
4510.02 of the Revised Code.
(e) In addition to any term of imprisonment, fine, or
other
sentence, penalty, or sanction imposed upon the offender
pursuant
to division (E)(5)(a), (b), (c), or (d) of this section
or
pursuant to any other provision of law for the violation of
division (C) of this section, if as part of the same trial or
proceeding the offender also is convicted of or pleads guilty to
a
separate charge charging the violation of division (A) of
section
4511.19 of the Revised Code that was the basis of the
charge of
the violation of division (C) of this section, the
offender also
shall be sentenced, in accordance with section
4511.99
4511.19 of
the
Revised Code, for that violation of division (A)
of section
4511.19 of the Revised Code
and also shall be subject
to all other
sanctions that are required or authorized by any
provision of law
for that violation of division (A) of section
4511.19 of the
Revised Code.
(F)(1)(a)
If a
A court, pursuant to division (E)(5)(d)(i) of
this section, requires
may require an offender to perform
not more
than two hundred hours of supervised
community
service work under
the authority of an agency,
subdivision, or
charitable
organization,
if the
offender agrees to perform the supervised
community service work. The requirement shall be
part of the
community control sanction or sentence of the offender, and
the
court shall impose the community service
in accordance with and
subject to divisions
(F)(1)(a) and (b) of this section. The court
may require an
offender whom it requires to perform supervised
community service
work as part of the offender's community control
sanction or
sentence to pay the
court a reasonable fee to
cover
the costs of the offender's participation in the work,
including,
but
not limited to, the costs of procuring a policy or policies of
liability insurance to cover the period during which the offender
will perform the work. If the court requires the offender to
perform supervised community service work as part of the
offender's community control sanction or
sentence, the court shall
do so in accordance with the
following limitations and criteria:
(i) The court shall require that the community service
work
be performed after completion of the term of imprisonment
imposed
upon the offender for the violation of division (C) of
this
section, if applicable.
(ii) The supervised community service work shall be
subject
to the limitations set forth in divisions
(F)(1)(a) to (c) of
section 2951.02 of the Revised Code.
(iii) The community service work shall be supervised in
the
manner described in division (F)(1)(d) of section 2951.02 of the
Revised
Code by an official or person with the qualifications
described in that
division. The official or person periodically
shall report in writing to the
court concerning the conduct of the
offender in performing the work.
(iv) The court shall inform the offender in writing that
if
the offender does not adequately perform, as determined by
the
court, all of the required community service work, the court may
order
that the offender be committed to a jail or workhouse for a
period of time
that does not exceed the term of imprisonment that
the court could have
imposed upon the offender for the violation
of division (C) of this section,
reduced by the total amount of
time that the offender actually
was imprisoned under the sentence
or term that was imposed upon
the offender for that violation and
by the total amount of time
that the offender was confined for any
reason arising out of the
offense for which the offender was
convicted and sentenced as
described in
sections 2949.08 and
2967.191 of the Revised Code, and that, if
the court orders that
the offender be so committed, the court
is authorized, but not
required, to grant the offender
credit upon the period of the
commitment for the community service work that
the offender
adequately performed.
(b) If a court, pursuant to
this division and division
(E)(5)(d)(i)(F)(1)(a) of this section, orders an offender to
perform
community service work as part of the offender's community
control
sanction or
sentence and if the offender does not
adequately
perform all of the required
community service work, as
determined
by the court, the court may
order that the offender be
committed
to a jail or workhouse for a
period of time that does
not exceed
the term of imprisonment that the court
could have
imposed
upon
the offender for the violation of division (C) of
this
section,
reduced by the total amount of time that the
offender
actually was
imprisoned under the sentence or term that
was
imposed upon the
offender for that violation and by the total
amount of time that
the offender was confined for any reason
arising out of the
offense for which the offender was
convicted
and sentenced as
described in sections 2949.08 and 2967.191 of the
Revised Code.
The court may order that a person committed pursuant
to this
division shall receive hour-for-hour credit upon the
period of the
commitment
for the community service work that the
offender
adequately
performed. No
commitment pursuant to this
division
shall exceed the period of the term of
imprisonment that
the
sentencing court could have imposed upon the offender
for the
violation of division (C) of this section, reduced by the total
amount
of time that the offender actually was imprisoned under
that sentence or term
and by the total amount of time that the
offender was confined for
any reason arising out of the offense
for which the offender
was convicted and sentenced as described in
sections 2949.08 and 2967.191 of
the Revised Code.
(2)
Divisions (E)(5)(d)(i) and
Division (F)(1) of this
section
do
does
not
limit or affect the authority of the court to
suspend the
sentence
imposed upon a misdemeanor offender and place
the
offender on
probation or otherwise suspend the sentence
pursuant to sections
2929.51 and 2951.02 of the Revised Code, to
require the
misdemeanor offender, as a condition of the offender's
probation
or of
otherwise suspending the offender's sentence, to
perform
supervised
community service work in accordance with
division
(F)
of
section 2951.02 of the Revised Code, or to place a
felony
offender
under a community control sanction.
(G)(1) If a court suspends an offender's driver's or
commercial driver's license or permit or nonresident operating
privilege under division (E)(5)(d)(ii) of this section, the
period
of the suspension shall be consecutive to, and commence
after, the
period of suspension
or revocation of the offender's
driver's or
commercial driver's license or permit or nonresident
operating
privilege that is imposed under Chapter 4506.,
4507.,
4509.,
4510., or
4511. of the Revised Code or under any other provision
of law in
relation to the violation of division (C) of this
section that is
the basis of the suspension under division
(E)(5)(d)(ii) of this
section or in relation to the violation of
division (A) of section
4511.19 of the Revised Code that is the
basis for that violation
of division (C) of this section.
(2) An offender is not entitled to request, and the
court
shall
not grant to the offender,
occupational
limited driving
privileges
under division
(G) of this section if the
offender's
license,
permit, or privilege has been
suspended under division
(E)(5)(d)(ii) of this section and the
offender, within the
preceding
seven
six years, has been convicted of
or pleaded guilty
to
three or more violations of one or
more of the following:
(a) Division (C) of
this section;
(b) Division (A) or (B) of section 4511.19 of the
Revised
Code;
(c) A municipal ordinance
relating to operating
a
vehicle
while under the influence of alcohol, a drug of abuse,
or
alcohol
and a drug of abuse;
(d) A municipal ordinance relating to
operating a vehicle
with a prohibited
concentration of alcohol in
the blood, breath,
or urine;
(e) Section 2903.04 of the Revised Code
in a case in
which
the offender was subject to the
sanctions described in
division
(D) of that section;
(f) Division (A)(1) of section 2903.06 or division
(A)(1)
of
section 2903.08 of the Revised Code or a municipal ordinance
that
is substantially similar
to either of those divisions;
(g) Division
(A)(2), (3), or (4) of section
2903.06,
division (A)(2) of section
2903.08, or former section 2903.07
of
the Revised Code, or a municipal ordinance
that is substantially
similar to any of those divisions or that former
section,
in a
case in which the jury or judge found that the
offender was under
the influence of alcohol, a drug of abuse, or
alcohol
and a drug
of abuse;
(h) A statute of the United States or
of any other state
or
a municipal ordinance of a municipal
corporation located in any
other state that is substantially similar to
division (A) or (B)
of section 4511.19
Any equivalent offense, as defined in section
4511.181 of the Revised Code.
(3) Any other offender who is not described in division
(G)(2) of this section and whose
license, permit, or nonresident
operating privilege has been
suspended under division
(E)(5)(d)(ii) of this section may file
with the sentencing court a
petition alleging that the
suspension would seriously affect the
offender's ability to continue
employment. Upon satisfactory
proof that there is reasonable
cause to believe that the
suspension would seriously affect the
offender's ability to
continue employment, the court may
grant the offender occupational
driving privileges during the
period during which the suspension
otherwise would be imposed,
except that the court
shall not grant
occupational driving privileges for employment as
a driver of
commercial motor vehicles to any person who is
disqualified from
operating a commercial motor vehicle under
section 3123.611 or
4506.16 of the Revised Code or
whose commercial driver's license
or commercial driver's temporary instruction
permit has been
suspended under section 3123.58 of the Revised Code.
(H)(1) If a person violates division (C) of this section
and
if, at the time of the violation, there were two or more
children
under eighteen years of age in the motor vehicle
involved in the
violation, the offender may be convicted of a
violation of
division (C) of this section for each of the
children, but the
court may sentence the offender for only one of
the violations.
(2)(a) If a person is convicted of or pleads guilty to a
violation of division (C) of this section but the person is not
also convicted of and does not also plead guilty to a separate
charge charging the violation of division (A) of section 4511.19
of the Revised Code that was the basis of the charge of the
violation of division (C) of this section, both of the following
apply:
(i) For purposes of the provisions of section
4511.99
4511.19 of
the
Revised Code that set forth the penalties and
sanctions for a
violation of division (A) of section 4511.19 of
the Revised Code,
the conviction of or plea of guilty to the
violation of division
(C) of this section shall not constitute a
violation of division
(A) of section 4511.19 of the Revised Code;
(ii) For purposes of any provision of law that refers to a
conviction of or plea of guilty to a violation of division (A) of
section 4511.19 of the Revised Code and that is not described in
division (H)(2)(a)(i) of this section, the conviction of or plea
of guilty to the violation of division (C) of this section shall
constitute a conviction of or plea of guilty to a violation of
division (A) of section 4511.19 of the Revised Code.
(b) If a person is convicted of or pleads guilty to a
violation of division (C) of this section and the person also is
convicted of or pleads guilty to a separate charge charging the
violation of division (A) of section 4511.19 of the Revised Code
that was the basis of the charge of the violation of division (C)
of this section, the conviction of or plea of guilty to the
violation of division (C) of this section shall not constitute,
for purposes of any provision of law that refers to a conviction
of or plea of guilty to a violation of division (A) of section
4511.19 of the Revised Code, a conviction of or plea of guilty to
a violation of division (A) of section 4511.19 of the Revised
Code.
(I) As used in this section,
"community:
(1)
"Community control
sanction"
has the
same meaning as in
section 2929.01 of the Revised
Code;
(2)
"Limited driving privileges" has the same meaning as in
section 4501.01 of the Revised Code.
Sec. 2921.331. (A) No person shall fail to comply with
any
lawful order or direction of any police officer invested with
authority to direct, control, or regulate traffic.
(B) No person shall operate a motor vehicle so as willfully
to elude or flee a police officer after receiving a
visible or
audible signal from a police officer to bring the
person's motor
vehicle to a stop.
(C)(1) Whoever violates this section is guilty of failure to
comply with an order or signal of a police officer.
(2) A violation
of division (A) of this section is a
misdemeanor of the first
degree.
(3) Except as provided in divisions (C)(4) and (5) of
this
section, a violation of division (B) of this section is a
misdemeanor of the first degree.
(4) Except as provided in division (C)(5) of this section, a
violation of
division (B) of this section is a felony of the
fourth degree if
the jury or judge as trier of fact finds
by proof
beyond a reasonable doubt that, in committing the offense, the
offender was
fleeing
immediately after the commission of a felony.
(5)(a) A violation of division (B) of this section is a
felony of the third degree if the jury or judge as trier of fact
finds any of
the following by proof beyond a reasonable doubt:
(i) The operation of the motor vehicle by the offender was
a
proximate cause of serious physical harm to persons or
property.
(ii) The operation of the motor vehicle by the offender
caused a substantial risk of serious physical harm to persons or
property.
(b) If a police officer pursues an offender who is
violating
division (B) of this
section and division (C)(5)(a)
of this
section applies, the sentencing court, in
determining the
seriousness of an offender's conduct for purposes of
sentencing
the offender for a violation of division
(B) of this section,
shall
consider, along with the factors set forth in sections
2929.12
and 2929.13 of the Revised
Code that are required to be
considered, all of the
following:
(i) The duration of the
pursuit;
(ii) The distance of the
pursuit;
(iii) The rate of speed at which the
offender operated the
motor vehicle during the pursuit;
(iv) Whether the offender failed to
stop for traffic lights
or stop signs during the pursuit;
(v) The number of traffic lights or
stop signs for which the
offender failed to stop during the pursuit;
(vi) Whether the offender operated the
motor vehicle during
the pursuit without lighted lights during a time when
lighted
lights are required;
(vii) Whether the offender committed
a moving violation
during the pursuit;
(viii) The number of moving violations
the offender
committed
during the pursuit;
(ix) Any other relevant factors
indicating that the
offender's conduct is more serious than
conduct normally
constituting the offense.
(D)
If an offender is sentenced pursuant to division (C)(4)
or
(5) of this section for a violation of division (B) of this
section,
and if the offender is sentenced to a prison term for
that violation, the
offender shall serve the prison term
consecutively to any other prison term or
mandatory prison term
imposed upon the offender.
(E)
In addition to any other sanction imposed for a
violation
of this
section, the court shall impose a class two
suspension
from the range
specified in division (A)(2) of section
4510.02 of
the Revised Code. If the
offender previously has been
found
guilty of an offense under this section,
the court shall
impose a
class one suspension as described in
division (A)(1) of
that
section. The court shall not grant limited
driving
privileges to
the offender. No judge shall suspend the first three years of
suspension under a class two suspension of an offender's license,
permit, or privilege required by this division on any portion of
the suspension under a class one suspension of an offender's
license, permit, or privilege required by this division.
(F)
As used in this section:
(1)
"Moving violation" has the same meaning as in section
2743.70 of the
Revised Code.
(2)
"Police officer" has the same
meaning as in section
4511.01 of the Revised Code.
Sec. 2923.01. (A) No person, with purpose to commit or to
promote or facilitate the commission of aggravated murder,
murder,
kidnapping, compelling prostitution, promoting
prostitution,
aggravated arson, arson, aggravated robbery,
robbery, aggravated
burglary, burglary, engaging in a pattern of
corrupt activity,
corrupting another with drugs, a felony drug trafficking,
manufacturing, processing, or possession offense, theft of drugs,
or
illegal processing of drug documents, the commission of a
felony offense of
unauthorized use of a vehicle, or
the commission
of a violation of any provision of Chapter 3734.
of the Revised
Code, other than section 3734.18 of the Revised
Code, that relates
to hazardous wastes, shall do either of the
following:
(1) With another person or persons, plan or aid in
planning
the commission of any of the specified
offenses;
(2) Agree with another person or persons that one or more
of
them will engage in conduct that facilitates the commission of
any
of the specified offenses.
(B) No person shall be convicted of conspiracy unless a
substantial overt act in furtherance of the conspiracy is alleged
and proved to have been done by the accused or a person with
whom
the accused conspired, subsequent to the accused's entrance into
the
conspiracy. For purposes of this section, an overt act is
substantial when it is of a character that manifests a purpose
on
the part of the actor that the object of the conspiracy should
be
completed.
(C) When the offender knows or has reasonable cause to
believe that a person with whom the offender conspires also has
conspired
or is conspiring with another to commit the same
offense,
the offender is guilty of conspiring with that other
person, even
though the other person's identity may be unknown to
the
offender.
(D) It is no defense to a charge under this section that,
in
retrospect, commission of the offense that was the object of
the
conspiracy was impossible under the circumstances.
(E) A conspiracy terminates when the offense or offenses
that are its objects are committed or when it is abandoned by
all
conspirators. In the absence of abandonment, it is no
defense to
a charge under this section that no offense that was
the object of
the conspiracy was committed.
(F) A person who conspires to commit more than one offense
is guilty of only one conspiracy, when the offenses are the
object
of the same agreement or continuous conspiratorial
relationship.
(G) When a person is convicted of committing or attempting
to commit a specific offense or of complicity in the commission
of
or attempt to commit the specific offense, the person
shall not be
convicted of conspiracy involving the same offense.
(H)(1) No person shall be convicted of conspiracy upon the
testimony of a person with whom the defendant conspired,
unsupported by other evidence.
(2) If a person with whom the defendant allegedly has
conspired testifies against the defendant in a case in which the
defendant is charged with conspiracy and if the testimony is
supported by other evidence, the court, when it charges the jury,
shall state substantially the following:
"The testimony of an accomplice that is supported by other
evidence does not become inadmissible because of the
accomplice's
complicity,
moral turpitude, or self-interest, but the admitted or
claimed
complicity of a witness may affect the witness'
credibility
and make the witness' testimony subject to grave
suspicion,
and require that it be
weighed with great caution.
It is for you, as jurors, in the light of all the facts
presented to you from the witness stand, to evaluate such
testimony and to determine its quality and worth or its lack of
quality and worth."
(3)
"Conspiracy," as used in division (H)(1) of this
section,
does not include any conspiracy that results in an
attempt to
commit an offense or in the commission of an offense.
(I) The following are affirmative defenses to a charge of
conspiracy:
(1) After conspiring to commit an offense, the actor
thwarted the success of the conspiracy under circumstances
manifesting a complete and voluntary renunciation of the
actor's
criminal
purpose.
(2) After conspiring to commit an offense, the actor
abandoned the conspiracy prior to the commission of or attempt to
commit any offense that was the object of the conspiracy, either
by advising all other conspirators of the actor's
abandonment, or
by
informing any law enforcement authority of the existence of the
conspiracy and of the actor's participation in the
conspiracy.
(J) Whoever violates this section is guilty of conspiracy,
which is one of the following:
(1) A felony of the first degree, when one of the objects
of
the conspiracy is aggravated murder, murder, or
an offense for
which the maximum penalty is imprisonment for life;
(2) A felony of the next lesser degree than the most
serious
offense that is the object of the conspiracy, when the
most
serious offense that is the object of the conspiracy is a
felony
of the first, second, third, or
fourth degree;
(3) A felony punishable by a fine of not more
than
twenty-five thousand dollars or imprisonment for not more than
eighteen months, or both, when the offense that is the object of
the conspiracy is a violation of any provision of Chapter 3734.
of
the Revised Code, other than section 3734.18 of the Revised
Code,
that relates to hazardous wastes;
(4) A misdemeanor of the first degree, when
the most
serious
offense that is the object of the conspiracy is a felony
of the
fifth degree.
(K) This section does not define a separate conspiracy
offense or penalty where conspiracy is defined as an offense by
one or more sections of the Revised Code, other than this
section.
In such a case, however:
(1) With respect to the offense specified as the object of
the conspiracy in the other section or sections, division (A) of
this section defines the voluntary act or acts and culpable
mental
state necessary to constitute the conspiracy;
(2) Divisions (B) to (I) of this section are incorporated
by
reference in the conspiracy offense defined by the other
section
or sections of the Revised Code.
(L)(1) In addition to the penalties that otherwise are
imposed
for conspiracy, a person who is found guilty of
conspiracy
to engage in a pattern of corrupt activity is subject
to divisions
(B)(2), (3), (4), and (5) of section 2923.32 of the
Revised Code.
(2) If a person is convicted of or pleads guilty to
conspiracy and if the most serious offense that is the object of
the
conspiracy is a felony drug trafficking, manufacturing,
processing, or
possession offense, in addition to the penalties or
sanctions that may be
imposed for the conspiracy under division
(J)(2) or (4) of this section and
Chapter 2929. of the Revised
Code, both of the following apply:
(a) The provisions of divisions (D), (F), and (G) of section
2925.03,
division (D) of section 2925.04, division (D) of section
2925.05, division (D)
of section 2925.06, and division (E) of
section 2925.11 of the Revised Code
that pertain to mandatory and
additional fines, driver's or commercial
driver's license or
permit
revocations or suspensions, and
professionally
licensed
persons
or persons who have been admitted to the bar by order of
the
supreme court and that would apply under the appropriate
provisions of
those
divisions to a person who is convicted of or
pleads guilty to the felony drug
trafficking, manufacturing,
processing, or possession offense that is the most
serious offense
that is the basis of the conspiracy shall apply to
the person who
is convicted of or pleads guilty to the conspiracy as if the
person had been convicted of or pleaded guilty to the felony drug
trafficking,
manufacturing, processing, or possession offense that
is the most serious
offense that is the basis of the conspiracy.
(b) The court that imposes sentence upon the person
who is
convicted of or pleads guilty to the conspiracy shall comply with
the
provisions identified as being applicable under division
(L)(2) of this section, in addition to any
other penalty or
sanction that it imposes for the conspiracy under division
(J)(2)
or (4) of this section and Chapter 2929. of the Revised Code.
(M) As used in this section,:
(1)
"felony Felony drug trafficking, manufacturing,
processing, or possession offense" means any of the following that
is a
felony:
(1)(a) A violation of section 2925.03, 2925.04, 2925.05, or
2925.06 of
the Revised Code;
(2)(b) A violation of section 2925.11 of the Revised Code
that is not a minor drug possession offense,.
(2)
"Minor drug possession offense" has the same meaning as
defined in
section 2925.01 of the Revised Code.
Sec. 2923.122. (A) No person shall knowingly convey, or
attempt to convey, a deadly weapon or dangerous ordnance
into a
school
safety zone.
(B) No person shall knowingly possess a deadly weapon or
dangerous ordnance in a school safety zone.
(C) No person shall knowingly possess an object
in a school
safety zone if both of the following apply:
(1) The object is indistinguishable from a firearm, whether
or not the
object is capable of being fired.
(2) The person indicates
that the person possesses the
object and that it is a firearm, or the person
knowingly displays
or brandishes the object and indicates that it is a
firearm.
(D) This section does not apply to officers, agents, or
employees of this or any other state or the United States, or to
law enforcement officers, authorized to carry deadly weapons or
dangerous ordnance and acting within the scope of their duties,
to
any security officer employed by a board of education or
governing
body of a school during the time that the security
officer is on
duty pursuant to that contract of employment, or to
any other
person who has written authorization from the board of
education
or governing body of a school to convey deadly weapons
or
dangerous ordnance into a school
safety zone or to
possess a
deadly weapon or dangerous ordnance in a
school
safety zone and
who conveys or possesses the deadly weapon or dangerous ordnance
in accordance
with that authorization.
Division (C) of this section does not apply to
premises upon
which home schooling is conducted. Division (C) of
this section
also does not apply to a school administrator, teacher, or
employee who possesses an object that is indistinguishable from a
firearm for
legitimate school purposes during the course of
employment, a student who uses
an object that is indistinguishable
from a firearm under the direction of a
school administrator,
teacher, or employee, or any other person who with the
express
prior approval of a school administrator possesses
an object that
is indistinguishable from a firearm for a legitimate purpose,
including the use of the object in a ceremonial activity, a play,
reenactment,
or other dramatic presentation, or a ROTC activity or
another similar
use of the object.
(E)(1) Whoever violates division (A)
or (B) of this section
is guilty of illegal
conveyance or possession of a deadly weapon
or
dangerous ordnance
in a school safety zone.
Except as
otherwise provided in this division, illegal conveyance or
possession of a deadly weapon or dangerous
ordnance in a school
safety zone is a felony of the fifth degree. If the
offender
previously has been convicted of a violation of this section,
illegal conveyance or possession of a deadly
weapon or dangerous
ordnance in a school safety zone is a
felony of the fourth degree.
(2) Whoever violates division (C) of this section is
guilty
of illegal possession of an object indistinguishable from a
firearm
in a
school
safety zone. Except as otherwise provided in
this
division, illegal possession
of an object indistinguishable
from a firearm in a school
safety zone is a misdemeanor of the
first degree. If
the offender previously has
been convicted of a
violation of this section, illegal possession of an object
indistinguishable from a firearm in a school
safety zone is a
felony of the fifth
degree.
(F)(1) In addition to any other penalty imposed upon a
person who
is convicted of or pleads guilty to a violation
of this
section and subject to division (F)(2) of this
section, if the
offender has not attained nineteen years of age, regardless of
whether the
offender is attending or is enrolled in a school
operated by a board of
education or for which the state board of
education prescribes minimum
standards under section 3301.07 of
the Revised Code, the
court shall impose upon the offender
whichever of the following penalties
applies:
(a) If the offender has been issued a
class four suspension
of the
offender's probationary driver's
license, restricted
license, driver's license,
commercial driver's license,
temporary
instruction permit, or probationary commercial
driver's license
that then is in effect, the court
shall suspend for a period of
not less than twelve months and not more than thirty-six months
that license
of the offender.
(b) If the offender has been issued a temporary instruction
permit that then is in effect, the court
shall revoke it and deny
the offender the issuance of
another temporary instruction permit,
and the period of denial shall be for
not less than twelve months
and not more than thirty-six months.
(c) If the offender has
been issued a commercial driver's
license temporary instruction permit that
then is in effect, the
court shall suspend the offender's driver's license, revoke the
commercial
driver's license temporary instruction permit, and deny
the offender the
issuance of
another commercial driver's license
temporary instruction permit, and the
period of suspension plus
the period of denial shall total not less than
twelve months and
not more than thirty-six months.
(d) If, on the date the court imposes sentence upon the
offender
for a
violation of this section,
the offender has not
been issued any type of license that then is in effect to operate
a motor
vehicle in this state or a
temporary instruction permit
that then is in effect, the court
from the
range specified in
division (A)(4) of section 4510.02 of the Revised Code and
shall
deny
the offender the issuance of
a temporary instruction
any
permit
for a
or license of that type during the
period of
not less
than twelve months and not more than thirty-six
months
the
suspension.
(e) If the offender is not a resident of this state, the
court
shall
suspend for a period of not less than twelve months
and not more than
thirty-six months
impose a class four suspension
of the
nonresident operating privilege of the offender
from the
range specified in
division (A)(4) of section 4510.02 of the
Revised Code.
(2) If the offender shows good cause why the court should
not suspend
or
revoke one of the types of licenses, permits, or
privileges specified
in division (F)(1) of this section or deny
the issuance of one of the
temporary
instruction permits specified
in that division, the court in its discretion
may choose not to
impose the suspension, revocation, or denial required in
that
division.
(G) As used in this section,
"object that is
indistinguishable
from a firearm" means an object
made,
constructed, or altered so that, to a reasonable person without
specialized training in firearms, the object appears to be a
firearm.
Sec. 2925.01. As used in this chapter:
(A)
"Administer,"
"controlled substance,"
"dispense,"
"distribute,"
"hypodermic,"
"manufacturer,"
"official written
order,"
"person,"
"pharmacist,"
"pharmacy,"
"sale,"
"schedule I,"
"schedule II,"
"schedule III,"
"schedule IV,"
"schedule V," and
"wholesaler" have the same meanings as in
section 3719.01 of the
Revised Code.
(B)
"Drug dependent person" and
"drug of abuse" have the
same
meanings as in section 3719.011 of the Revised Code.
(C)
"Drug,"
"dangerous drug,"
"licensed health professional
authorized to
prescribe
drugs," and
"prescription" have the same
meanings as in section
4729.01 of the Revised Code.
(D)
"Bulk amount" of a controlled substance means any of
the
following:
(1) For any compound, mixture, preparation, or substance
included in schedule I, schedule II, or schedule III,
with the
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this
section,
whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or
twenty-five
unit doses of a compound, mixture, preparation, or
substance that
is or contains any amount of a schedule I opiate
or opium
derivative;
(b) An amount equal to or exceeding ten grams
of a
compound,
mixture, preparation, or substance that is or contains
any amount
of raw or gum opium;
(c) An amount equal to or exceeding thirty
grams or ten
unit
doses of a compound, mixture, preparation, or substance that
is or
contains any amount of a schedule I hallucinogen other than
tetrahydrocannabinol or
lysergic acid
amide, or a schedule I
stimulant or
depressant;
(d) An amount equal to or exceeding twenty
grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound,
mixture,
preparation, or substance that is or contains any amount
of a
schedule II opiate or opium derivative;
(e) An amount equal to or exceeding five grams or ten unit
doses of a compound, mixture, preparation, or substance that is
or
contains any amount of phencyclidine;
(f) An amount equal to or exceeding one hundred twenty
grams
or thirty times the maximum daily dose in the usual dose
range
specified in a standard pharmaceutical reference manual of
a
compound, mixture, preparation, or substance that is or
contains
any amount of a schedule II stimulant that is in a final
dosage
form manufactured by a person authorized by the
"Federal
Food,
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21
U.S.C.A. 301, as
amended, and the federal drug abuse control
laws, as defined in
section 3719.01 of the Revised Code, that is or contains
any
amount of a schedule II depressant
substance or a schedule II
hallucinogenic substance;
(g) An amount equal to or exceeding three
grams of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant, or any of its salts or
isomers, that is not in a final dosage form manufactured by a
person authorized by the Federal Food, Drug, and Cosmetic Act and
the federal drug abuse control laws.
(2) An amount equal to or exceeding one
hundred twenty
grams
or thirty times the maximum daily dose in the usual dose
range
specified
in a standard pharmaceutical reference manual of a
compound,
mixture,
preparation, or substance that is or contains
any amount of a
schedule
III or IV substance other than an
anabolic
steroid or a schedule III opiate or opium derivative;
(3) An amount equal to or exceeding twenty grams or five
times the maximum
daily dose in the usual dose range specified in
a standard pharmaceutical
reference manual of a compound, mixture,
preparation, or substance that is
or contains any amount of a
schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty
milliliters or two hundred fifty grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule V substance;
(5) An amount equal to or exceeding two
hundred solid
dosage
units, sixteen grams, or sixteen milliliters of a
compound,
mixture, preparation, or substance that is or contains
any amount
of a schedule III anabolic steroid.
(E)
"Unit dose" means an amount or unit of a compound,
mixture, or preparation containing a controlled substance that is
separately identifiable and in a form that
indicates that it is
the amount or unit by which
the controlled substance is separately
administered to or taken by an
individual.
(F)
"Cultivate" includes planting, watering, fertilizing,
or
tilling.
(G)
"Drug abuse offense" means any of the following:
(1) A violation of division (A) of section 2913.02 that
constitutes theft of drugs, or a violation of section 2925.02,
2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.11, 2925.12,
2925.13,
2925.22, 2925.23, 2925.24, 2925.31,
2925.32, 2925.36, or
2925.37 of the Revised Code;
(2) A violation of an existing or former law of this or
any
other state or of the United States that is substantially
equivalent to any section listed in division (G)(1) of this
section;
(3) An offense under an existing or former law of this or
any other state, or of the United States, of which planting,
cultivating, harvesting, processing, making, manufacturing,
producing, shipping, transporting, delivering, acquiring,
possessing, storing, distributing, dispensing, selling, inducing
another to use, administering to another, using, or otherwise
dealing with a controlled substance is an element;
(4) A conspiracy to commit, attempt to commit, or complicity
in
committing or attempting to commit any offense under division
(G)(1), (2), or (3) of this section.
(H)
"Felony drug abuse offense" means any drug abuse
offense
that would constitute a felony under the laws of this
state, any
other state, or the United States.
(I)
"Harmful intoxicant" does not include beer or
intoxicating liquor but means any compound, mixture,
preparation,
or substance the gas, fumes, or vapor of which when
inhaled can
induce intoxication, excitement, giddiness,
irrational behavior,
depression, stupefaction, paralysis,
unconsciousness,
asphyxiation, or other harmful physiological
effects, and
includes, but is not limited to, any of the
following:
(1) Any volatile organic solvent, plastic cement, model
cement, fingernail polish remover, lacquer thinner, cleaning
fluid, gasoline, or other preparation containing a volatile
organic solvent;
(2) Any aerosol propellant;
(3) Any fluorocarbon refrigerant;
(J)
"Manufacture" means to plant, cultivate, harvest,
process, make, prepare, or otherwise engage in any part of the
production of a drug, by propagation, extraction, chemical
synthesis, or compounding, or any combination of the same, and
includes packaging, repackaging, labeling, and other activities
incident to production.
(K)
"Possess" or
"possession" means having control over a
thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation
of the premises upon which the thing or substance is found.
(L)
"Sample drug" means a drug or pharmaceutical
preparation
that would be hazardous to health or safety if used
without the
supervision of a licensed health
professional authorized to
prescribe drugs, or a drug of abuse,
and that, at one time, had
been placed in a container plainly
marked as a sample by a
manufacturer.
(M)
"Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of any of the
following reference works:
(1)
"The National Formulary";
(2)
"The United States Pharmacopeia," prepared by
authority
of the United States Pharmacopeial Convention, Inc.;
(3) Other standard references that are approved by the
state
board of pharmacy.
(N)
"Juvenile" means a person under eighteen years of age.
(O)
"Counterfeit controlled substance" means any of the
following:
(1) Any drug that bears, or whose container or label
bears,
a trademark, trade name, or other identifying mark used
without
authorization of the owner of rights to that trademark,
trade
name, or identifying mark;
(2) Any unmarked or unlabeled substance that is
represented
to be a controlled substance manufactured, processed,
packed, or
distributed by a person other than the person that
manufactured,
processed, packed, or distributed it;
(3) Any substance that is represented to be a controlled
substance but is not a controlled substance or is a different
controlled substance;
(4) Any substance other than a controlled substance that a
reasonable person would believe to be a controlled substance
because of its similarity in shape, size, and color, or its
markings, labeling, packaging, distribution, or the price for
which it is sold or offered for sale.
(P) An offense is
"committed in the vicinity of a school" if
the
offender commits the offense on school premises, in a school
building, or
within one thousand feet of the boundaries of any
school premises.
(Q)
"School" means any school operated by a board of
education or any school for which the state board of education
prescribes minimum standards under section 3301.07 of the Revised
Code, whether or not any instruction, extracurricular activities,
or training provided by the school is being conducted at the time
a criminal offense is committed.
(R)
"School premises" means either of the following:
(1) The parcel of real property on which any school is
situated, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the premises at the time a criminal offense is committed;
(2) Any other parcel of real property that is owned or
leased by a board of education of a school or the governing body
of a school for which the state board of education prescribes
minimum standards under section 3301.07 of the Revised Code and
on
which some of the instruction, extracurricular activities, or
training of the school is conducted, whether or not any
instruction, extracurricular activities, or training provided by
the school is being conducted on the parcel of real property at
the time a criminal offense is committed.
(S)
"School building" means any building in which any of
the
instruction, extracurricular activities, or training provided
by a
school is conducted, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted in the school building at the time a criminal
offense is committed.
(T)
"Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and
discipline of the supreme court under the Rules for the
Government
of the Bar of Ohio.
(U)
"Certified grievance committee" means a duly
constituted
and organized committee of the Ohio state bar
association or of
one or more local bar associations of the state
of Ohio that
complies with the criteria set forth in Rule V,
section 6 of the
Rules for the Government of the Bar of Ohio.
(V)
"Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to
(35)(36) of
this
section and that qualifies a person as a professionally
licensed
person.
(W)
"Professionally licensed person" means any of the
following:
(1) A person who has obtained a license as a manufacturer
of
controlled substances or a wholesaler of controlled substances
under Chapter 3719. of the Revised Code;
(2) A person who has received a certificate or temporary
certificate as a certified public accountant or who has
registered
as a public accountant under Chapter 4701. of the
Revised Code and
who holds an Ohio permit issued under that
chapter;
(3) A person who holds a certificate of qualification to
practice architecture issued or renewed and registered under
Chapter 4703. of the Revised Code;
(4) A person who is registered as a landscape architect
under Chapter 4703. of the Revised Code or who holds a permit as
a
landscape architect issued under that chapter;
(5) A person licensed as an auctioneer or apprentice
auctioneer or licensed to operate an auction company under
Chapter
4707. of the Revised Code;
(6) A person who has been issued a certificate of
registration as a registered barber under Chapter 4709. of the
Revised Code;
(7) A person licensed and regulated to engage in the
business of a debt pooling company by a legislative authority,
under authority of Chapter 4710. of the Revised Code;
(8) A person who has been issued a cosmetologist's
license,
manicurist's license, esthetician's license, managing
cosmetologist's license, managing manicurist's license, managing
esthetician's license, cosmetology instructor's license,
manicurist instructor's license, esthetician instructor's
license,
or tanning facility permit under Chapter 4713. of the
Revised
Code;
(9) A person who has been issued a license to practice
dentistry, a general anesthesia permit, a conscious intravenous
sedation permit, a limited resident's license, a limited teaching
license, a dental hygienist's license, or a dental hygienist's
teacher's certificate under Chapter 4715. of the Revised Code;
(10) A person who has been issued an embalmer's license, a
funeral director's license, a funeral home license, or a crematory
license, or
who has been registered for an embalmer's or funeral
director's apprenticeship
under Chapter 4717. of the Revised Code;
(11) A person who has been licensed as a registered nurse
or
practical nurse, or who has been issued a certificate for the
practice of nurse-midwifery under Chapter 4723. of the Revised
Code;
(12) A person who has been licensed to practice optometry
or
to engage in optical dispensing under Chapter 4725. of the
Revised
Code;
(13) A person licensed to act as a pawnbroker under
Chapter
4727. of the Revised Code;
(14) A person licensed to act as a precious metals dealer
under Chapter 4728. of the Revised Code;
(15) A person licensed as a pharmacist, a pharmacy
intern, a
wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised
Code;
(16) A person who is authorized to practice as a physician
assistant under
Chapter 4730. of the Revised Code;
(17) A person who has been issued a certificate to
practice
medicine and surgery, osteopathic medicine and surgery,
a limited
branch of medicine, or podiatry under
Chapter 4731. of the Revised
Code;
(18) A person licensed as a psychologist or school
psychologist under Chapter 4732. of the Revised Code;
(19) A person registered to practice the profession of
engineering or surveying under Chapter 4733. of the Revised Code;
(20) A person who has been issued a license to
practice
chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker or
real estate salesperson under Chapter 4735. of the Revised Code;
(22) A person registered as a registered sanitarian under
Chapter 4736. of the Revised Code;
(23) A person licensed to operate or maintain a junkyard
under Chapter 4737. of the Revised Code;
(24) A person who has been issued a motor vehicle salvage
dealer's license under Chapter 4738. of the Revised Code;
(25) A person who has been licensed to act as a steam
engineer under Chapter 4739. of the Revised Code;
(26) A person who has been issued a license or temporary
permit to practice veterinary medicine or any of its branches, or
who is registered as a graduate animal technician under Chapter
4741. of the Revised Code;
(27) A person who has been issued a hearing aid dealer's
or
fitter's license or trainee permit under Chapter 4747. of the
Revised Code;
(28) A person who has been issued a class A, class B, or
class C license or who has been registered as an investigator or
security guard employee under Chapter 4749. of the Revised Code;
(29) A person licensed and registered to practice as a
nursing home administrator under Chapter 4751. of the Revised
Code;
(30) A person licensed to practice as a speech-language
pathologist
or audiologist under Chapter 4753. of the Revised
Code;
(31) A person issued a license as an occupational
therapist
or physical therapist under Chapter 4755. of the
Revised Code;
(32) A person who is licensed as a professional clinical
counselor or
professional counselor, licensed as a social worker
or independent social
worker, or registered as a social work
assistant under Chapter 4757. of the Revised Code;
(33) A person issued a license to practice dietetics under
Chapter 4759. of the Revised Code;
(34) A person who has been issued a license or
limited
permit to practice respiratory therapy under Chapter 4761. of
the
Revised Code;
(35) A person who has been issued a real estate appraiser
certificate under Chapter 4763. of the Revised Code;
(36) A person who has been admitted to the bar by order of
the supreme court in compliance with its prescribed and published
rules.
(X)
"Cocaine" means any of the following:
(1) A cocaine salt, isomer, or derivative, a salt of a
cocaine isomer or derivative, or the base form of cocaine;
(2) Coca leaves or a salt, compound, derivative, or
preparation of coca leaves, including ecgonine, a salt, isomer,
or
derivative of ecgonine, or a salt of an isomer or derivative
of
ecgonine;
(3) A salt, compound, derivative, or preparation of a
substance identified in division
(X)(1) or (2) of this section
that is chemically equivalent to or identical with any of those
substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves if the
extractions do not contain cocaine or ecgonine.
(Y)
"L.S.D." means
lysergic acid diethylamide.
(Z)
"Hashish" means the resin or a preparation of the resin
contained in marihuana, whether in solid form or in a liquid
concentrate,
liquid extract, or liquid distillate form.
(AA)
"Marihuana" has the same meaning as in section
3719.01
of the Revised Code,
except that it does not include hashish.
(BB) An offense is
"committed in the vicinity of a
juvenile"
if
the offender commits the offense within one hundred feet of a
juvenile or
within the view of a juvenile, regardless of whether
the
offender knows the age of the juvenile, whether the offender
knows the offense
is being committed within one hundred feet of or
within view of the juvenile,
or whether the juvenile actually
views the commission of the offense.
(CC)
"Presumption for a prison term" or
"presumption that a
prison term shall be imposed" means a presumption, as described in
division
(D) of section 2929.13 of the Revised Code, that a prison
term is a necessary
sanction for a felony in order to comply with
the purposes and principles of
sentencing under section 2929.11 of
the Revised Code.
(DD)
"Major drug offender" has the same meaning as in
section
2929.01 of the Revised Code.
(EE)
"Minor drug possession offense" means either of the
following:
(1) A violation of section 2925.11 of the Revised Code as
it
existed prior to July 1, 1996;
(2) A violation of section 2925.11 of the Revised Code as it
exists on and
after July 1, 1996, that is a misdemeanor or a
felony of the fifth
degree.
(FF)
"Mandatory prison term" has the same meaning as
in
section 2929.01 of the Revised Code.
(GG)
"Crack cocaine" means a compound, mixture, preparation,
or
substance that is or contains any amount of cocaine that is
analytically
identified as the base form of cocaine or that is in
a form that resembles
rocks or pebbles generally intended for
individual use.
(HH)
"Adulterate" means to cause a drug to be adulterated as
described in section 3715.63 of the Revised Code.
(II)
"Public premises" means any hotel, restaurant, tavern,
store, arena, hall, or other place of public accommodation,
business, amusement, or resort.
Sec. 2925.02. (A) No person shall knowingly do any of the
following:
(1) By force, threat, or deception, administer to another
or
induce or cause another to use a controlled substance;
(2) By any means, administer or furnish to another or
induce
or cause another to use a controlled substance with
purpose to
cause serious physical harm to the other person, or
with purpose
to cause the other person to become drug dependent;
(3) By any means, administer or furnish to another or
induce
or cause another to use a controlled substance, and
thereby cause
serious physical harm to the other person, or cause
the other
person to become drug dependent;
(4) By any means, do any of the following:
(a) Furnish or administer a controlled substance to a
juvenile who is at least two years the offender's junior,
when the
offender
knows the age of the juvenile or is reckless in that
regard;
(b) Induce or cause a juvenile who is at least two years
the
offender's junior to use a controlled substance, when
the offender
knows
the age of the juvenile or is reckless in that regard;
(c) Induce or cause a juvenile who is at least two years
the
offender's junior to commit a felony drug abuse offense,
when the
offender knows the age of the juvenile or is reckless in that
regard;
(d) Use a juvenile, whether or not the offender knows the
age of the juvenile, to perform any surveillance activity that is
intended to prevent the detection of the offender or any other
person in the commission of a felony drug abuse offense or to
prevent the arrest of the offender or any other person for the
commission of a felony drug abuse offense.
(B) Division (A)(1), (3), or (4) of this section does not
apply to manufacturers, wholesalers, licensed health
professionals
authorized to prescribe drugs, pharmacists,
owners of pharmacies,
and other persons whose conduct is in
accordance with Chapters
3719., 4715., 4723., 4729., 4731., and 4741.
of
the Revised Code.
(C) Whoever violates this section is guilty of corrupting
another with drugs. The penalty for the offense shall be
determined
as follows:
(1) Except as otherwise provided in this division, if the
drug involved is any compound, mixture,
preparation, or substance
included in schedule I or II, with the exception of
marihuana,
corrupting another with drugs is a felony
of the second degree,
and, subject to division
(E) of this section, the court shall
impose as a
mandatory prison term one of the
prison terms
prescribed for a felony of the second degree. If the drug
involved is any compound, mixture, preparation, or substance
included in
schedule I or II, with the exception of marihuana, and
if
the offense was committed in the vicinity of a school,
corrupting another with
drugs is a felony of the first degree,
and, subject to division (E)
of this section, the court shall
impose as a mandatory prison term one of the
prison terms
prescribed for a felony of the first degree.
(2) Except as otherwise provided in this division, if the
drug involved is any compound, mixture, preparation, or substance
included in
schedule III, IV, or V, corrupting another with drugs
is a felony of the
second degree, and there is a presumption for a
prison term for the offense. If the drug involved is any
compound, mixture,
preparation, or substance included in schedule
III, IV, or
V and if the offense was committed in the vicinity of
a school,
corrupting another with drugs is a felony of the second
degree, and the court
shall impose as a mandatory prison term one
of the prison terms prescribed for
a felony of the second degree.
(3) Except as otherwise provided in this division, if the
drug involved is marihuana, corrupting another
with drugs is a
felony of the fourth degree, and division (C) of
section 2929.13
of the Revised Code applies in determining whether
to impose a
prison term on the offender. If the drug involved
is marihuana
and if the offense was committed in the vicinity of a
school,
corrupting another with drugs is a felony of the third degree, and
division
(C) of section 2929.13 of the Revised Code applies in
determining whether
to impose a prison term on the offender.
(D) In addition to any prison term authorized or required by
division (C) or (E) of this section and sections 2929.13 and
2929.14 of the Revised Code and in addition to any other sanction
imposed for
the offense under this section or sections 2929.11 to
2929.18 of
the Revised Code, the court that
sentences an offender
who is convicted of or pleads guilty to a
violation of division
(A) of this section or the clerk of that court
shall do all of the
following that are applicable regarding the offender:
(1)(a) If the violation is a felony of the first,
second, or
third degree, the court shall impose upon the offender the
mandatory fine specified for the offense under division (B)(1) of
section 2929.18 of the Revised Code unless, as specified in that
division, the
court determines that the offender is indigent.
(b) Notwithstanding any contrary provision of section
3719.21 of the Revised Code, any mandatory fine
imposed pursuant
to division (D)(1)(a) of this section and any
fine imposed for a
violation of this section pursuant to division
(A) of section
2929.18 of the Revised Code shall be paid
by the clerk of the
court in accordance with and subject to the
requirements of, and
shall be used as specified in, division
(F) of section 2925.03 of
the Revised Code.
(c) If a person is charged with any violation of this
section that is a felony of the first, second, or third
degree,
posts bail, and forfeits the bail, the forfeited bail shall be
paid by
the clerk of the court pursuant to division (D)(1)(b) of
this section as if it were a fine imposed for a violation of
this
section.
(2) The court
either shall
revoke or, if it does
not revoke,
shall suspend for not less than six
months or more than five
years, the driver's or commercial
driver's license or permit of
any person who is convicted of or pleads
guilty to a violation of
this section that is a felony of the
first degree and shall
suspend for not less than six months nor
more than five years the
offender's
driver's or commercial driver's license or permit
of
any person
who is convicted of or pleads guilty to any other
violation of
this section. If an offender's driver's or
commercial driver's
license or permit is
revoked
suspended
pursuant to this division,
the offender, at any time after the
expiration of two years from
the day on which the offender's
sentence was imposed or from
the
day on which the offender finally
was released from
a prison term
under the
sentence, whichever is
later, may file a motion with the
sentencing court requesting
termination of the
revocation
suspension.
Upon
the filing of the
motion and the court's finding
of good cause
for the termination,
the court may terminate the
revocation
suspension.
(3) If the offender is a professionally licensed person
or a
person who has been admitted to the bar by order of the supreme
court in compliance with its prescribed and published rules, in
addition to any other sanction imposed for a violation of this
section, the court
forthwith
immediately shall comply with
section
2925.38 of
the Revised Code.
(E) Notwithstanding the prison term otherwise authorized or
required for the offense under division (C) of this section and
sections 2929.13 and 2929.14 of the Revised Code, if the violation
of division
(A)
of this section involves the sale, offer to sell,
or possession
of a schedule
I or II controlled substance, with the
exception of marihuana,
and if the court imposing sentence upon
the offender finds that the
offender as a result of the violation
is a major
drug offender and is guilty of a specification of the
type described in
section 2941.1410 of the Revised Code,
the
court, in lieu of the prison term that otherwise is
authorized or
required, shall impose upon the offender the mandatory prison term
specified
in division (D)(3)(a) of section 2929.14 of the Revised
Code and may
impose an additional prison term under division
(D)(3)(b) of that section.
Sec. 2925.03. (A) No person shall knowingly do any of the
following:
(1) Sell or offer to sell a
controlled substance;
(2) Prepare for shipment, ship, transport, deliver, prepare
for distribution, or distribute a controlled substance, when the
offender knows or has reasonable cause to believe that the
controlled substance is intended for sale or resale by the
offender or another person.
(B) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals
authorized
to prescribe drugs, pharmacists, owners of
pharmacies, and other
persons whose conduct is in accordance with
Chapters 3719., 4715.,
4723., 4729., 4731., and
4741. of the Revised Code;
(2) If the offense involves an anabolic steroid, any
person
who is conducting or participating in a research project
involving
the use of an anabolic steroid if the project has been
approved by
the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the
"Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act.
(C) Whoever violates division (A) of this section is guilty
of one of the
following:
(1) If the drug involved in the violation is any
compound,
mixture, preparation, or substance included in schedule
I or
schedule II, with the exception of
marihuana, cocaine, L.S.D.,
heroin, and hashish,
whoever
violates division (A) of this section
is guilty of
aggravated trafficking in drugs. The penalty for the
offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(1)(b), (c),
(d), (e),
or (f) of this section, aggravated trafficking in drugs
is
a felony of the fourth degree,
and division (C) of section
2929.13 of the Revised Code applies in determining
whether
to
impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(1)(c), (d),
(e), or (f) of
this section, if the offense was committed in the
vicinity of a school or in
the vicinity of a juvenile, aggravated
trafficking in drugs is a felony of the
third degree, and division
(C) of section 2929.13 of the Revised Code applies
in determining
whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
the bulk amount but
is less than five times the
bulk amount, aggravated
trafficking in
drugs
is a felony of the third degree, and the court shall impose
as a
mandatory prison term one of the prison terms prescribed for
a
felony of the third degree. If the amount of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, aggravated
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
five times the bulk
amount but is less than
fifty times the bulk amount,
aggravated
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree. If the
amount
of the drug involved is within that range and if the
offense was
committed in the vicinity of a school or in the
vicinity of a
juvenile, aggravated trafficking in drugs is a
felony of the first
degree, and the court shall impose as a
mandatory prison term one
of the prison terms prescribed for a
felony of the first degree.
(e) If the amount of the drug involved equals or exceeds
fifty times the bulk amount but is less than one
hundred times
the
bulk amount and regardless of whether the offense was
committed in
the vicinity of a school or in the vicinity of a
juvenile,
aggravated trafficking in drugs is a felony of the
first degree,
and the court shall impose as a mandatory prison
term one of the
prison terms prescribed for a felony of the first
degree.
(f) If the amount of the drug involved equals or exceeds
one
hundred times the bulk amount and regardless of whether the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, aggravated trafficking in drugs is a
felony of the first degree, the offender is a major drug
offender,
and the court shall impose as a
mandatory prison term the maximum
prison term prescribed for a
felony of the first degree and may
impose an additional prison
term prescribed for a major drug
offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(2) If the drug involved in the violation is any
compound,
mixture, preparation, or substance included in schedule
III, IV,
or V, whoever violates division
(A) of this section is guilty of
trafficking in
drugs. The penalty for the offense shall be
determined as
follows:
(a) Except as otherwise provided in division
(C)(2)(b), (c),
(d), or
(e) of
this section, trafficking in drugs is a felony of
the fifth degree, and
division (C) of section 2929.13 of the
Revised Code applies in determining
whether to impose a prison
term on the offender.
(b) Except as otherwise provided in division
(C)(2)(c), (d),
or (e) of this section,
if the offense was committed in the
vicinity of a
school or in the vicinity of a juvenile, trafficking
in drugs is
a felony of the fourth degree, and
division (C) of
section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
the bulk amount but
is less than five times the
bulk amount, trafficking in
drugs is a
felony of the fourth degree, and there is a presumption for a
prison term for the offense. If the amount of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile,
trafficking
in drugs is a felony of the third degree, and there
is a
presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
five times the bulk
amount but is less than
fifty times the
bulk amount, trafficking
in drugs is a felony of the third degree, and there
is a
presumption
for a prison term for the offense. If the amount of
the drug
involved is within that range and if the offense was
committed in
the vicinity of a school or in the vicinity of a
juvenile,
trafficking in drugs is a felony of the second degree,
and there
is a presumption for a prison term for the offense.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
fifty times the bulk
amount, trafficking in drugs is a felony of the second
degree, and
the
court shall impose as a mandatory prison term one of the
prison
terms prescribed for a felony of the second degree. If the
amount of the drug involved equals or exceeds fifty times the bulk
amount
and if the offense was committed in the vicinity of a
school or
in the vicinity of a juvenile, trafficking in drugs is a
felony
of the first degree, and the court shall impose as a
mandatory
prison term one of the prison terms prescribed for a
felony of
the first degree.
(3) If the drug involved in the violation is marihuana or a
compound,
mixture, preparation, or substance containing marihuana
other than
hashish,
whoever violates division (A) of this section
is guilty
of trafficking in marihuana. The penalty for the
offense shall
be determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b), (c),
(d), (e),
(f), or (g) of this section, trafficking in marihuana is
a felony of the
fifth degree, and
division (C) of section 2929.13
of the Revised Code applies in determining
whether to impose a
prison term on the offender.
(b) Except as otherwise provided in division
(C)(3)(c), (d),
(e), (f), or
(g) of
this section, if the offense was committed in
the vicinity of
a school or in the vicinity of a juvenile,
trafficking in
marihuana is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining
whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
two hundred grams
but is less than one thousand
grams, trafficking in
marihuana is a
felony
of the fourth degree, and division (C) of section 2929.13
of the Revised Code
applies in determining whether
to impose a
prison term on the offender. If the amount of the drug
involved
is within that range and if the offense was committed in
the
vicinity of a school or in the vicinity of a juvenile,
trafficking
in marihuana is a felony of the third degree, and
division (C) of
section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
one thousand grams
but is less than five
thousand grams, trafficking in
marihuana is
a felony
of the third degree, and division (C) of section 2929.13
of the Revised Code
applies
in determining whether to impose a
prison term on the offender. If the amount
of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile,
trafficking
in marihuana is a felony of the second degree, and
there is a
presumption that a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
five thousand grams
but is less than twenty
thousand grams, trafficking in
marihuana
is a
felony of the third degree, and there is a presumption that a
prison term shall be imposed for the offense. If the amount of
the drug involved is within that range and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in marihuana is a felony of the second
degree, and there is a presumption that a prison term shall be
imposed for the offense.
(f) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
twenty thousand
grams, trafficking in marihuana is a felony of the second
degree,
and
the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the second degree. If the
amount of the drug involved equals or exceeds twenty thousand
grams and
if
the offense was committed in the vicinity of a school
or in the
vicinity of a juvenile, trafficking in marihuana is a
felony of
the first degree, and the court shall impose as a
mandatory
prison term the maximum prison term prescribed for a
felony of
the first degree.
(g) Except as otherwise provided in this division, if
the
offense involves a gift of twenty grams or less of
marihuana,
trafficking in marihuana is a minor misdemeanor upon
a first
offense and a misdemeanor of the third degree upon a
subsequent
offense. If the offense involves a gift of twenty
grams or less
of marihuana and if the offense was committed in
the vicinity of a
school or in the vicinity of a juvenile,
trafficking in marihuana
is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a
compound,
mixture, preparation, or substance containing cocaine,
whoever violates
division (A) of this section is guilty
of
trafficking in cocaine. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(4)(b), (c),
(d), (e),
(f), or (g) of this section, trafficking in cocaine is a
felony of the fifth degree, and
division (C) of section 2929.13 of
the Revised Code applies in determining
whether
to impose a prison
term on the offender.
(b) Except as otherwise provided in division
(C)(4)(c), (d),
(e), (f), or
(g) of this section, if the offense was committed in
the
vicinity of a
school or in the vicinity of a juvenile,
trafficking in cocaine
is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining
whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds five grams but is
less than
ten grams of
cocaine
that is not crack cocaine or equals
or exceeds one gram
but is less than five
grams of crack cocaine,
trafficking in cocaine is a felony of the
fourth degree, and there
is a presumption for a prison term for the
offense. If the amount
of the drug involved is within one of those ranges and
if the
offense was committed in the vicinity of a school or
in the
vicinity of a juvenile, trafficking in cocaine is a felony
of the
third degree, and there is a presumption for a prison term
for the
offense.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds ten grams but is
less than
one hundred grams
of cocaine that is not crack cocaine
or
equals or exceeds five grams but is less than ten grams of
crack
cocaine, trafficking in
cocaine is a felony of
the third
degree, and the court shall impose as a mandatory prison
term one
of the prison terms prescribed for a felony of the third
degree.
If the amount of the drug involved is within one of those ranges
and
if the
offense was committed in the vicinity of a school or
in
the vicinity of a juvenile,
trafficking in cocaine is a
felony
of
the second degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the
second degree.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds one hundred grams
but is less
than five
hundred grams of cocaine that is not crack
cocaine or equals or exceeds ten grams
but is less than
twenty-five grams of crack
cocaine,
trafficking in cocaine is a
felony of
the second degree, and the court shall impose as a
mandatory
prison term one of the prison terms prescribed for a
felony of
the second degree. If the amount of the drug involved
is within
one of those ranges and
if the offense was committed in
the vicinity of a
school or in the vicinity of a juvenile,
trafficking in
cocaine
is a felony of the first degree, and the
court shall impose as a
mandatory prison term one of the prison
terms prescribed for a
felony of the first degree.
(f) If the amount of the drug involved equals or exceeds
five hundred grams but is less than one thousand
grams
of cocaine
that is not crack cocaine or equals or
exceeds twenty-five grams
but is less than one hundred grams of crack
cocaine and
regardless
of whether the
offense was committed in the vicinity of a school
or in the vicinity of a
juvenile,
trafficking in
cocaine is a
felony of the first degree, and the court shall
impose as a
mandatory prison term one of the prison terms
prescribed for a
felony of the first degree.
(g) If the amount of the drug involved equals or exceeds
one
thousand grams of cocaine that is not crack
cocaine or equals or
exceeds one
hundred grams of crack cocaine
and regardless of
whether the offense was committed in the vicinity of a
school or
in the vicinity of a juvenile, trafficking in cocaine
is a felony
of the first degree, the offender is a major drug
offender,
and
the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree and may
impose an additional mandatory prison term prescribed for a major
drug offender under division (D)(3)(b)
of section 2929.14 of the
Revised Code.
(5) If the drug involved in the violation is
L.S.D. or a
compound, mixture, preparation, or substance containing
L.S.D.,
whoever violates division
(A) of this section is guilty of
trafficking in
L.S.D. The penalty for the offense
shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(5)(b), (c),
(d), (e), (f), or (g) of this
section, trafficking in
L.S.D. is a
felony of the fifth degree, and
division (C) of section 2929.13 of
the Revised Code applies in determining
whether
to impose a prison
term on the offender.
(b) Except as otherwise provided in division
(C)(5)(c), (d),
(e), (f), or
(g) of this section, if the offense was committed in
the
vicinity of a school or in the vicinity of a juvenile,
trafficking in L.S.D. is a felony of the fourth
degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
ten unit doses but
is less than fifty unit doses
of L.S.D. in a solid form or equals
or exceeds one gram
but is less than five grams of L.S.D. in a
liquid
concentrate, liquid
extract, or liquid distillate form,
trafficking in
L.S.D. is a felony of the fourth degree,
and there
is a presumption for a prison term for the offense. If
the amount
of the drug involved is within that range and if the
offense was
committed in the vicinity of a school or in the
vicinity of a
juvenile, trafficking in
L.S.D. is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
fifty unit doses but
is less than two hundred
fifty unit doses
of L.S.D. in a solid
form or equals or exceeds five grams
but is less than twenty-five
grams of L.S.D. in a liquid
concentrate,
liquid extract, or liquid
distillate form,
trafficking
in
L.S.D. is a felony of the third
degree,
and the court shall impose as a mandatory prison term one
of the
prison terms prescribed for a felony of the third degree.
If the
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the
second degree,
and the court shall impose as a mandatory prison
term one of the
prison terms prescribed for a felony of the second
degree.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
two hundred fifty
unit doses but is less than
one thousand
unit doses
of L.S.D. in a
solid form or equals or exceeds twenty-five
grams but
is less than
one hundred grams of L.S.D. in a
liquid
concentrate, liquid
extract, or liquid distillate form,
trafficking in
L.S.D. is a
felony of the second degree,
and the court shall impose as a
mandatory prison term one of the
prison terms prescribed for a
felony of the second degree. If
the amount of the drug involved
is within that range and if the
offense was committed in the
vicinity of a school or in the
vicinity of a juvenile, trafficking
in
L.S.D. is a felony of the first degree,
and the court shall
impose as a mandatory prison term one of the
prison terms
prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds
one
thousand unit doses but is less than five
thousand unit
doses
of
L.S.D. in a solid form or equals or exceeds one hundred
grams but
is less than five hundred grams of L.S.D. in a
liquid
concentrate,
liquid extract, or liquid distillate form
and regardless of
whether the offense was committed in the vicinity of a
school or
in the vicinity of a juvenile, trafficking in
L.S.D. is a felony
of the
first degree, and the court shall impose as a mandatory
prison
term one of the prison terms prescribed for a felony of the
first
degree.
(g) If the amount of the drug involved equals or exceeds
five thousand unit doses
of L.S.D. in a solid form or equals or
exceeds five
hundred grams of
L.S.D. in a liquid concentrate,
liquid extract, or
liquid
distillate form
and regardless of
whether the offense was committed
in the vicinity of a school or
in the vicinity of a juvenile, trafficking in
L.S.D. is
a
felony
of the first degree, the offender is a major drug
offender, and
the court shall impose as a
mandatory prison term the maximum
prison term prescribed for a
felony of the first degree and may
impose an additional mandatory
prison term prescribed for a major
drug offender under
division (D)(3)(b) of section 2929.14 of
the
Revised Code.
(6) If the drug involved in the violation is heroin or a
compound,
mixture, preparation, or substance containing heroin,
whoever violates division (A) of this section is guilty
of
trafficking in heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in
division (C)(6)(b), (c),
(d),
(e), (f), or (g) of this section,
trafficking in heroin is a
felony of the fifth degree, and division
(C) of section 2929.13 of
the Revised Code applies in determining whether to
impose
a prison
term on the offender.
(b) Except as otherwise provided in
division (C)(6)(c), (d),
(e),
(f), or (g) of this section, if the offense was committed
in
the vicinity
of a school
or in the vicinity of a juvenile,
trafficking in heroin is a
felony of the fourth degree, and
division (C) of section 2929.13 of the
Revised Code
applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds ten unit doses but
is less than
fifty unit doses or equals or exceeds
one gram but is
less than five grams,
trafficking in heroin is a felony of
the
fourth degree,
and there is a presumption for a prison term for
the offense. If
the amount of the drug involved is within that
range and if the
offense was committed in the vicinity of a school
or in the
vicinity of a juvenile, trafficking in heroin is a
felony of the
third degree, and there is a presumption for a
prison term for
the offense.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds fifty unit doses but
is less than
one hundred unit doses or equals or exceeds five
grams but is less than ten grams, trafficking in
heroin is a
felony of the
third degree,
and there is a presumption for a
prison term for the offense.
If the amount of the drug involved
is within that range and if
the offense was committed in the
vicinity of a school or in the
vicinity of a juvenile, trafficking
in heroin is a felony of the
second degree, and there is a
presumption for a prison term for
the offense.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds one hundred unit
doses but is less
than five hundred unit doses or equals or
exceeds
ten grams but is less than fifty grams,
trafficking in
heroin is a felony
of the second degree,
and the court shall
impose as a mandatory prison term one of the
prison terms
prescribed for a felony of the second degree. If
the amount of
the drug involved is within that range and if the
offense was
committed in the vicinity of a school or in the
vicinity of a
juvenile, trafficking in heroin is a felony of the
first degree,
and the court shall impose as a mandatory prison
term one of the
prison terms prescribed for a felony of the first
degree.
(f) If the amount of the drug involved equals or exceeds
five hundred unit
doses but is less than two thousand five hundred
unit doses or equals or
exceeds
fifty grams but is less than two
hundred fifty
grams and regardless of
whether the offense was
committed in the vicinity of a school or in the
vicinity of a
juvenile, trafficking in
heroin is a felony of the first degree,
and the court shall
impose as a mandatory prison term one of the
prison terms
prescribed for a felony of the first degree.
(g) If the amount of the drug involved equals or exceeds two
thousand five
hundred unit doses or equals or exceeds
two hundred
fifty grams and regardless of whether the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in
heroin is a felony of the first
degree, the
offender is a major drug offender,
and the court shall impose as a
mandatory prison term the
maximum prison term prescribed for a
felony of the first degree
and may impose an additional mandatory
prison term prescribed for
a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(7) If the drug involved in the violation is hashish or a
compound,
mixture, preparation, or substance containing hashish,
whoever violates division (A) of this section is guilty
of
trafficking in hashish. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(7)(b), (c),
(d), (e), or
(f) of this section,
trafficking in hashish is a
felony of the fifth degree, and division
(C) of section 2929.13 of
the Revised Code applies in determining whether to
impose
a prison
term on the offender.
(b) Except as otherwise provided in division
(C)(7)(c), (d),
(e), or (f)
of this section, if the offense was committed in the
vicinity
of a
school or in the vicinity of a juvenile, trafficking
in hashish
is a felony of the fourth degree, and division (C) of
section 2929.13
of the Revised Code applies in determining whether
to impose a prison term on
the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds ten grams but is
less than
fifty grams of
hashish in a solid form or equals or
exceeds two grams but is less
than ten grams of
hashish in a
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the fourth
degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If
the amount of
the drug involved is within that range
and if the
offense was committed in the vicinity of a school or
in the
vicinity of a juvenile, trafficking in hashish is a felony
of the
third degree, and division (C) of section 2929.13 of the Revised
Code
applies
in determining whether to impose a prison term on the
offender.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds fifty grams but is
less
than two hundred fifty
grams of hashish in a solid form or
equals or exceeds ten grams but
is less than
fifty grams of
hashish in a liquid concentrate, liquid extract, or liquid
distillate form, trafficking in hashish is a
felony of the
third
degree, and division (C) of section 2929.13 of the Revised Code
applies
in
determining whether to impose a prison term on the
offender. If the amount of
the drug involved is within that range
and if the offense was committed in the vicinity of a school or
in
the vicinity of a juvenile, trafficking in hashish is a felony
of
the second degree, and
there is a presumption that a prison term
shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds two hundred fifty
grams but
is less than one
thousand grams of hashish in a solid
form or equals or exceeds fifty
grams but is less than two hundred
grams of hashish in a liquid
concentrate, liquid extract,
or
liquid distillate form, trafficking in hashish is a felony of
the
third degree, and there is a presumption that a prison term shall
be
imposed for the offense. If the amount of the drug involved is
within
that range and if the offense was committed in the vicinity
of a
school or in the vicinity of a juvenile, trafficking in
hashish
is a felony of the second degree, and there is a
presumption that a prison
term shall be imposed for the offense.
(f) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
one thousand grams
of hashish in a solid form or equals or exceeds two
hundred grams
of
hashish in a liquid concentrate, liquid extract, or liquid
distillate form,
trafficking in
hashish is a felony of the second
degree, and the court shall
impose as a mandatory prison term the
maximum prison term
prescribed for a felony of the second degree.
If the amount of the drug
involved
is within that range
and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of
the
first degree,
and the court shall impose as a mandatory prison
term the maximum
prison term prescribed for a felony of the first
degree.
(D) In addition to any prison term authorized
or required by
division (C) of this section and sections
2929.13 and 2929.14 of
the Revised Code, and in
addition to any other sanction imposed
for the offense under this
section or sections 2929.11 to 2929.18
of the Revised
Code, the court that sentences an offender who is
convicted of or pleads guilty to a violation of division
(A) of
this section shall do all of the following that
are applicable
regarding the offender:
(1) If the violation of division (A) of this
section is a
felony of the first, second, or third degree, the
court shall
impose upon the offender the mandatory fine specified
for the
offense under division (B)(1) of section 2929.18
of the Revised
Code unless, as specified in that
division, the court determines
that the offender is indigent. Except as
otherwise provided in
division (H)(1) of this section, a
mandatory fine or any other
fine imposed for a violation of this
section is subject to
division (F) of this
section. If a person is charged with a
violation of this section
that is a felony of the first, second,
or third degree, posts
bail, and forfeits the bail, the clerk of
the court shall pay the
forfeited bail
pursuant to divisions
(D)(1) and
(F) of this section, as if the forfeited bail was a
fine
imposed for a violation of this section. If any amount of
the forfeited bail
remains after that payment and if a fine is
imposed under division (H)(1) of
this section, the clerk of the
court shall pay the remaining amount of the
forfeited bail
pursuant to divisions (H)(2) and (3) of this section, as if
that
remaining amount was a fine imposed under division (H)(1) of this
section.
(2) The court shall
revoke or suspend the driver's or
commercial driver's license or permit of the offender in
accordance with division (G) of this section.
(3) If the offender is a professionally licensed person
or a
person who has been admitted to the bar by order of the
supreme
court in compliance with its prescribed and published
rules, the
court
forthwith
immediately shall comply with section 2925.38 of
the Revised Code.
(E) When a person is charged with the
sale of or offer to
sell a bulk amount
or a multiple of a bulk amount of a controlled
substance, the jury, or the
court trying the
accused, shall
determine the amount of the controlled substance
involved at the
time of the offense and, if a guilty verdict is
returned, shall
return the findings as part of the verdict. In
any such case, it
is unnecessary to find and return the exact
amount of the
controlled substance involved, and it is sufficient if the
finding
and return is to the effect that the amount of the
controlled
substance involved is the requisite
amount, or that the amount of
the controlled
substance involved is less than the requisite
amount.
(F)(1) Notwithstanding any contrary provision of section
3719.21 of the Revised Code and except as provided in division (H)
of this
section, the clerk of the court shall pay any mandatory
fine imposed pursuant
to division (D)(1) of this section and any
fine other than a
mandatory fine that is imposed for
a violation
of this section pursuant to division (A) or (B)(5) of section
2929.18 of the Revised Code to the
county, township, municipal
corporation, park district, as
created pursuant to section 511.18
or 1545.04 of the Revised
Code, or state law enforcement agencies
in this state that
primarily were responsible for or involved in
making the arrest
of, and in prosecuting, the offender. However,
the clerk shall not
pay a mandatory fine
so imposed to a law
enforcement agency unless the
agency has adopted a written
internal control policy under
division (F)(2) of this section that
addresses the use of
the
fine moneys that it receives. Each
agency shall use
the mandatory fines so paid to subsidize the
agency's law enforcement
efforts that
pertain to drug offenses, in
accordance with the written internal
control policy adopted by the
recipient agency under division
(F)(2) of this section.
(2)(a) Prior to receiving any fine moneys under division
(F)(1) of this section or division (B)(5) of section 2925.42 of
the Revised Code, a law enforcement agency shall adopt a written
internal control policy that addresses the agency's use and
disposition of all fine moneys so received and that provides for
the keeping of detailed financial records of the receipts of
those
fine moneys, the general types of expenditures made out of
those
fine moneys, and the specific amount of each general type
of
expenditure. The policy shall not provide for or permit the
identification of any specific expenditure that is made in an
ongoing investigation. All financial records of the receipts of
those fine moneys, the general types of expenditures made out of
those fine moneys, and the specific amount of each general type
of
expenditure by an agency are public records open for
inspection
under section 149.43 of the Revised Code.
Additionally, a written
internal control policy adopted under
this division is such a
public record, and the agency that
adopted it shall comply with
it.
(b) Each law enforcement agency that receives in any
calendar year any fine moneys under division (F)(1) of this
section or division (B)(5) of section 2925.42 of the Revised Code
shall prepare a report covering the calendar year that cumulates
all of the information contained in all of the public financial
records kept by the agency pursuant to division (F)(2)(a) of this
section for that calendar year, and shall send a copy of the
cumulative report, no later than the first day of March in the
calendar year following the calendar year covered by the report,
to the attorney general. Each report received by the attorney
general is a public record open for inspection under section
149.43 of the Revised Code. Not later than the fifteenth
day of
April in the calendar year in which the reports
are received, the
attorney general shall send
to the president of the senate
and the
speaker of the house of representatives
a written notification
that does all of the following:
(i) Indicates that the attorney general has received from
law enforcement agencies reports of the type described in this
division that
cover
the previous
calendar year and indicates that
the reports were received under this
division;
(ii) Indicates that the reports
are open for inspection
under section 149.43 of the
Revised Code;
(iii) Indicates that the attorney general
will provide a
copy of any or all of the reports to the
president of the senate
or the speaker of the house of
representatives upon request.
(3) As used in division
(F) of this section:
(a)
"Law enforcement agencies" includes, but is not
limited
to, the state board of pharmacy and the office of a
prosecutor.
(b)
"Prosecutor" has the same meaning as in section
2935.01
of the Revised Code.
(G) When required under division
(D)(2) of
this section
or
any other provision of this chapter, the court
either shall revoke
or, if it
does not revoke, shall suspend for not less than six
months or more than five years, the driver's or
commercial
driver's license or permit of any person who is convicted of or
pleads
guilty to a violation of this section that is a felony of
the
first degree and shall suspend for not less than six months
or
more than five years the driver's or commercial driver's license
or permit
of any person who is convicted of or pleads guilty to
any
other
violation of this section
or any other specified
provision of this chapter. If an offender's driver's or
commercial driver's license or permit is
revoked
suspended
pursuant to this
division,
the offender, at any time after the
expiration of two years from
the day on which the offender's
sentence was imposed or from the
day on
which the offender finally
was released from a
prison
term under the
sentence, whichever is
later, may file a motion with the
sentencing court requesting
termination of the
revocation
suspension; upon
the filing of such
a motion and the court's finding of good cause
for the
termination, the court may terminate the
revocation
suspension.
(H)(1) In addition to any prison term
authorized or required
by division (C) of this section and
sections 2929.13 and 2929.14
of the
Revised Code, in addition to any other
penalty or sanction
imposed for the offense under this section
or sections 2929.11 to
2929.18 of the
Revised Code, and in addition to the
forfeiture of
property in connection with the offense as
prescribed in sections
2925.42 to 2925.45 of the
Revised Code, the court that sentences
an offender who is convicted of or pleads guilty to a violation
of
division (A) of this section may impose upon the offender an
additional fine specified for the offense in
division (B)(4) of
section
2929.18 of the Revised Code. A fine imposed under
division (H)(1) of this section
is not subject to division (F) of
this section and shall
be used solely for the support of one or
more eligible alcohol
and drug addiction programs in accordance
with divisions
(H)(2) and (3) of this section.
(2) The court that imposes a fine under division
(H)(1) of
this section shall
specify in the judgment that imposes the fine
one or more
eligible alcohol and drug addiction programs for the
support of
which the fine money is to be used. No alcohol and
drug
addiction program shall receive or use money paid or
collected
in satisfaction of a fine imposed under division
(H)(1)
of this section unless
the program is specified in the judgment
that imposes the fine.
No alcohol and drug addiction program
shall be specified in the
judgment unless the program is an
eligible alcohol and drug
addiction program and, except as
otherwise provided in division
(H)(2) of this section, unless
the
program is located in the county in which the court that
imposes
the fine is located or in a county that is immediately
contiguous
to the county in which that court is located. If no
eligible
alcohol and drug addiction program is located in any
of those
counties, the judgment may specify an eligible alcohol
and drug
addiction program that is located anywhere within this
state.
(3) Notwithstanding any contrary provision of section
3719.21 of the Revised Code, the clerk of the court
shall pay any
fine imposed under division
(H)(1) of this section to the eligible
alcohol and drug addiction
program specified pursuant to division
(H)(2) of this section in the
judgment. The eligible alcohol and
drug addiction program that receives the
fine moneys shall use the
moneys only for the
alcohol and drug addiction services identified
in the
application for certification under section 3793.06 of the
Revised Code or in the application for a
license under section
3793.11 of the Revised Code filed with
the department of alcohol
and drug addiction services by the alcohol and drug
addiction
program specified in the judgment.
(4) Each alcohol and drug addiction program that receives
in
a calendar year any fine moneys under division
(H)(3) of this
section shall
file an annual report covering that calendar year
with the court
of common pleas and the board of county
commissioners of the
county in which the program is located, with
the court of common pleas and the
board of county commissioners of
each county from which the program received
the moneys if that
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug
addiction
program shall file the report no later than the first
day of March in
the calendar year
following the calendar year in
which the program received the
fine moneys. The report shall
include statistics on the number
of persons served by the alcohol
and drug addiction program,
identify the types of alcohol and drug
addiction services
provided to those persons, and include a
specific accounting of
the purposes for which the fine moneys
received were used. No
information contained in the report shall
identify, or enable a
person to determine the identity of, any
person served by the
alcohol and drug addiction program. Each
report received by a
court of common pleas, a board of county
commissioners, or the
attorney general is a public record open for
inspection under
section 149.43 of the Revised Code.
(5) As used in divisions (H)(1) to (5) of this section:
(a)
"Alcohol and drug addiction
program" and
"alcohol and
drug addiction services" have the same
meanings as in section
3793.01 of the Revised Code.
(b)
"Eligible alcohol and drug
addiction program" means an
alcohol and drug addiction program
that is certified under section
3793.06 of the
Revised Code or licensed under section
3793.11 of
the Revised Code by the department of
alcohol and drug addiction
services.
Sec. 2925.04. (A) No person shall knowingly cultivate
marihuana or knowingly manufacture or otherwise engage in any part
of the
production of a controlled substance.
(B) This section does not apply to any person listed in
division
(B)(1), (2), or (3) of section 2925.03 of the Revised
Code to the extent and
under the circumstances described in those
divisions.
(C)(1) Whoever commits a violation of division (A) of
this
section that involves any drug other than marihuana is guilty of
illegal
manufacture of drugs, and whoever commits a violation of
division (A)
of this section that involves marihuana is guilty of
illegal cultivation of
marihuana.
(2)
Except as otherwise provided in this division, if the
drug involved in the violation of division
(A) of this section is
any compound, mixture,
preparation, or substance included in
schedule I or
II, with the exception of marihuana, illegal
manufacture
of drugs is a felony of the second degree, and,
subject to
division (E) of this section, the court shall impose as
a
mandatory prison term one of the prison terms prescribed for a
felony of the second degree.
If the drug involved in the violation
is methamphetamine, any salt, isomer, or salt of an isomer of
methamphetamine, or any compound, mixture, preparation, or
substance containing methamphetamine or any salt, isomer, or salt
of an isomer of methamphetamine and if the offense was committed
in the vicinity of a juvenile, in the vicinity of a school, or on
public premises, illegal manufacture of drugs is a felony of the
first degree, and, subject to division (E) of this section, the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the first degree.
(3) If the drug involved in the violation of division
(A) of
this section is any compound, mixture,
preparation, or substance
included in schedule III,
IV, or V, illegal manufacture of drugs
is a
felony of the third degree, and there is a presumption for a
prison term for the offense.
(4) If the drug involved in the violation is marihuana,
the
penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division
(C)(4)(b), (c),
(d), (e), or
(f) of this section, illegal cultivation of marihuana
is a
minor misdemeanor.
(b) If the amount of marihuana involved equals
or exceeds
one hundred grams but is less than
two hundred
grams, illegal
cultivation of marihuana is a misdemeanor of the
fourth degree.
(c) If the amount of marihuana involved equals or exceeds
two hundred grams but is less than one
thousand grams, illegal
cultivation of marihuana is a felony of the fifth degree, and
division (B) of section 2929.13 of the Revised Code applies in
determining
whether to impose a prison term on the offender.
(d) If the amount of marihuana involved equals or exceeds
one thousand grams but is less than five
thousand grams,
illegal
cultivation of marihuana is a felony of the third degree,
and
division (C) of section 2929.13 of the Revised Code applies in
determining
whether
to impose a prison term on the offender.
(e) If the amount of marihuana involved equals or exceeds
five thousand grams but is less than twenty
thousand grams,
illegal cultivation of marihuana is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(f) If the amount of marihuana involved equals or exceeds
twenty thousand grams, illegal cultivation of marihuana is a
felony of the second degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the second degree.
(D) In addition to any prison term authorized
or required by
division (C) or (E) of this
section and sections 2929.13 and
2929.14 of the Revised
Code and in addition to any other sanction
imposed for
the offense under this section or sections 2929.11 to
2929.18 of
the Revised Code, the court that sentences an
offender
who is convicted of or pleads guilty to a violation of
division
(A) of this section shall do all of the
following that are
applicable regarding the offender:
(1) If the violation of division (A) of this
section is a
felony of the
first, second, or third degree, the court
shall
impose upon the offender the mandatory fine specified for
the
offense under division (B)(1) of section 2929.18 of
the Revised
Code unless, as specified in that
division, the court determines
that the offender is
indigent. The clerk of the court shall pay a
mandatory fine or
other fine imposed for a violation of this
section pursuant to
division (A) of section 2929.18 of the Revised
Code in accordance with and subject to the requirements
of
division (F) of section 2925.03 of the Revised
Code. The agency
that receives the fine shall use the
fine as specified in division
(F) of section 2925.03 of
the Revised Code. If a person is
charged with a
violation of this section that is a felony of the
first, second, or third
degree, posts bail, and forfeits the bail,
the clerk shall pay
the forfeited bail as if the forfeited bail
were a fine imposed
for a violation of this section.
(2) The court shall
revoke or suspend the offender's
driver's or commercial driver's license or permit in accordance
with division (G) of section 2925.03 of the
Revised Code. If an
offender's driver's or
commercial driver's license or permit is
revoked
suspended in accordance
with that division, the offender
may request
termination of, and
the court may terminate, the
revocation
suspension in
accordance with that
division.
(3) If the offender is a professionally licensed person
or a
person who has been admitted to the bar by order of the
supreme
court in compliance with its prescribed and published
rules, the
court
immediately shall comply with section 2925.38 of the
Revised
Code.
(E) Notwithstanding the prison term otherwise
authorized or
required for the offense under division (C)
of this section and
sections 2929.13 and 2929.14 of the
Revised Code, if the violation
of division
(A) of this section involves the sale, offer to sell,
or
possession of a schedule I or II controlled
substance, with the
exception of marihuana, and if the court imposing
sentence upon
the offender finds that the offender
as a result of the violation
is a major drug offender and is guilty
of a specification of the
type described in section 2941.1410 of the Revised Code, the
court, in lieu of the prison term otherwise authorized or
required, shall impose upon the offender the mandatory prison
term
specified in division (D)(3)(a) of
section 2929.14 of the Revised
Code and may
impose an additional prison term under division
(D)(3)(b) of that section.
(F) It is an affirmative defense, as
provided in section
2901.05 of the Revised Code,
to a charge under this section for a
fifth degree felony violation of
illegal cultivation of
marihuana
that the marihuana that gave rise to the charge is in
an amount,
is in a form, is prepared, compounded, or mixed with
substances
that are not controlled substances in a manner, or is
possessed or
cultivated under any other circumstances that
indicate that the
marihuana was solely for personal use.
Notwithstanding any contrary provision of division
(F) of
this section, if, in
accordance with section 2901.05 of the
Revised
Code, a person who is charged
with a violation of illegal
cultivation of marihuana that is a
felony of the fifth degree
sustains the burden of going forward
with evidence of and
establishes by a preponderance of the
evidence the affirmative
defense described in this division, the
person may be prosecuted
for and may be convicted of or plead
guilty to a misdemeanor
violation of illegal cultivation of
marihuana.
(G) Arrest or conviction for a minor
misdemeanor violation
of this section does not constitute a
criminal record and need not
be reported by the person so
arrested or convicted in response to
any inquiries about the
person's criminal record, including any
inquiries contained in an
application for employment, a license,
or any other right or
privilege or made in connection with the
person's appearance as a
witness.
Sec. 2925.05. (A) No person shall knowingly
provide money
or other items of value to another person with the
purpose that
the recipient of the money or items of value use
them to obtain
any controlled substance for the purpose of
violating section
2925.04 of the Revised
Code
or for the purpose of selling or
offering to sell the
controlled substance in the following amount:
(1) If the drug to be sold or offered for sale is any
compound, mixture, preparation, or substance included in
schedule
I or
II, with the exception of
marihuana, cocaine,
L.S.D.,
heroin,
and hashish, or schedule III,
IV, or
V, an amount of the drug that
equals or exceeds the bulk amount of the drug;
(2) If the drug to be sold or offered for sale is
marihuana
or a compound, mixture, preparation, or substance
other than
hashish containing marihuana, an amount of the
marihuana that
equals or exceeds two hundred grams;
(3) If the drug to be sold or offered for sale is cocaine
or
a compound, mixture, preparation, or substance containing
cocaine,
an amount of the cocaine that equals or exceeds five
grams if the
cocaine is not crack cocaine or equals or exceeds
one gram if the
cocaine is crack cocaine;
(4) If the drug to be sold or offered for sale is
L.S.D.
or
a compound, mixture, preparation, or substance containing
L.S.D.,
an amount of the
L.S.D. that
equals or exceeds ten unit doses if
the
L.S.D.
is in a solid form or equals or exceeds one gram if the
L.S.D.
is in a liquid concentrate, liquid extract, or liquid
distillate
form;
(5) If the drug to be sold or offered for sale is heroin
or
a compound, mixture, preparation, or substance containing
heroin,
an amount of the heroin that equals or exceeds ten unit
doses or
equals or exceeds one gram;
(6) If the drug to be sold or offered for sale is hashish
or
a compound, mixture, preparation, or substance containing
hashish,
an amount of the hashish that equals or exceeds ten
grams if the
hashish is in a solid form or equals or exceeds two
grams if the
hashish is in a liquid concentrate, liquid extract,
or liquid
distillate form.
(B) This section does not apply to any person
listed in
division (B)(1), (2), or (3) of section 2925.03
of the Revised
Code to the extent and under the
circumstances described in those
divisions.
(C)(1) If the drug involved in the violation is
any
compound, mixture, preparation, or substance included in
schedule
I or II, with the exception of
marihuana, whoever violates
division (A) of this section
is guilty of aggravated funding of
drug trafficking, a felony of
the first degree, and, subject to
division (E) of this
section, the court shall impose as a
mandatory prison term one of
the prison terms prescribed for a
felony of the first degree.
(2) If the drug involved in the violation is any
compound,
mixture, preparation, or substance included in schedule
III, IV,
or V, whoever violates division
(A) of this section is guilty of
funding of drug
trafficking, a felony of the second degree, and
the court shall
impose as a mandatory prison term one of the
prison terms
prescribed for a felony of the second degree.
(3) If the drug involved in the violation is marihuana,
whoever violates division (A) of this section is guilty
of funding
of marihuana trafficking, a felony of the third
degree, and the
court shall impose as a mandatory prison
term one of the prison
terms prescribed for a felony of the
third degree.
(D) In addition to any prison term authorized
or required by
division (C) or (E) of this
section and sections 2929.13 and
2929.14 of the Revised
Code and in addition to any other sanction
imposed for
the offense under this section or sections 2929.11 to
2929.18 of
the Revised Code, the court that sentences an
offender
who is convicted of or pleads guilty to a violation of
division
(A) of this section shall do all of the
following that are
applicable regarding the offender:
(1) The court shall impose the mandatory fine specified
for
the offense under division (B)(1) of section 2929.18
of the
Revised Code unless, as specified in that
division, the court
determines that the offender is
indigent. The clerk of the court
shall pay a mandatory fine or
other fine imposed for a violation
of this section pursuant to
division (A) of section 2929.18 of the
Revised
Code in accordance with and subject to the requirements
of
division (F) of section 2925.03 of the Revised
Code. The agency
that receives the fine shall use the
fine in accordance with
division (F) of section 2925.03
of the Revised Code. If a person
is charged with
a violation of this section, posts bail, and
forfeits the bail,
the forfeited bail shall be paid as if the
forfeited bail were a
fine imposed for a violation of this
section.
(2) The court shall
revoke or suspend
the offender's
driver's or commercial driver's license or permit in accordance
with division (G)
of section 2925.03 of the
Revised Code. If an
offender's driver's or
commercial driver's license or permit is
revoked
suspended in
accordance
with that division, the offender
may request termination
of, and
the court may terminate, the
revocation
suspension in accordance
with that
division.
(3) If the offender is a professionally licensed person
or a
person who has been admitted to the bar by order of the
supreme
court in compliance with its prescribed and published
rules, the
court
immediately shall comply with section 2925.38 of
the
Revised
Code.
(E) Notwithstanding the prison term otherwise
authorized or
required for the offense under division (C)
of this section and
sections 2929.13 and 2929.14 of the
Revised Code, if the violation
of division
(A) of this section involves the sale, offer to sell,
or
possession of a schedule I or II controlled
substance, with the
exception of marihuana, and if the court imposing
sentence upon
the offender finds that the offender
as a result of the violation
is a major drug offender and is guilty
of a specification of the
type described in section 2941.1410 of the Revised
Code, the
court, in lieu of the prison term otherwise authorized or
required, shall impose upon the offender the mandatory prison
term
specified in division (D)(3)(a) of
section 2929.14 of the Revised
Code and may
impose an additional prison term under division
(D)(3)(b) of that section.
Sec. 2925.06. (A) No person shall knowingly
administer to a
human being, or prescribe or dispense for
administration to a
human being, any anabolic steroid not
approved by the United
States food and drug
administration for administration to human
beings.
(B) This section does not apply to any person
listed in
division (B)(1), (2), or (3) of section 2925.03
of the Revised
Code to the extent and under the
circumstances described in those
divisions.
(C) Whoever violates division (A) of
this section is guilty
of illegal administration or distribution
of anabolic steroids, a
felony of the fourth degree, and division (C)
of section 2929.13
of the Revised Code applies in determining whether to
impose a
prison term
on the offender.
(D) In addition to any prison term authorized
or required by
division (C) of this section and sections
2929.13 and 2929.14 of
the Revised Code and in
addition to any other sanction imposed for
the offense under this
section or sections 2929.11 to 2929.18 of
the Revised
Code, the court that sentences an offender who is
convicted of or pleads guilty to a violation of division
(A) of
this section shall do both of the following:
(1) The court shall
revoke or suspend
the offender's
driver's or commercial driver's license or permit in accordance
with division (G)
of section 2925.03 of the
Revised Code. If an
offender's driver's or
commercial driver's license or permit is
revoked
suspended in
accordance
with that division, the offender
may request termination
of, and
the court may terminate, the
revocation
suspension in accordance
with that division.
(2) If the offender is a professionally licensed person
or a
person who has been admitted to the bar by order of the
supreme
court in compliance with its prescribed and published
rules, the
court
immediately shall comply with section 2925.38 of
the
Revised
Code.
(E) If a person commits any act that
constitutes a violation
of division (A) of this section
and that also constitutes a
violation of any other provision of
the Revised Code, the
prosecutor, as defined in
section 2935.01 of the Revised Code,
using
customary prosecutorial discretion, may prosecute the person
for
a violation of the appropriate provision of the Revised
Code.
Sec. 2925.11. (A) No person shall knowingly obtain,
possess, or use a controlled substance.
(B) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals
authorized
to prescribe drugs, pharmacists, owners of
pharmacies, and other
persons whose conduct was in accordance
with Chapters 3719.,
4715., 4723., 4729., 4731.,
and 4741. of the Revised Code;
(2) If the offense involves an anabolic steroid, any
person
who is conducting or participating in a research project
involving
the use of an anabolic steroid if the project has been
approved by
the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the
"Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act;
(4) Any person who obtained the controlled substance
pursuant to a prescription issued by a licensed health
professional authorized to prescribe drugs.
(C) Whoever violates division (A) of this section is guilty
of
one of the following:
(1) If the drug involved in the violation is a compound,
mixture,
preparation, or substance included in schedule I or II,
with the
exception of marihuana,
cocaine, L.S.D.,
heroin, and
hashish, whoever violates division (A) of
this section is guilty
of aggravated possession of drugs. The
penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(1)(b), (c),
(d), or (e) of
this section, aggravated possession of drugs is a
felony of the fifth degree, and division (B) of section 2929.13 of
the Revised
Code applies in determining whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds
the
bulk amount but is less than five times the
bulk amount,
aggravated possession of drugs is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(c) If the amount of the drug involved equals or exceeds
five times the bulk amount but is less than
fifty times the
bulk
amount, aggravated possession of drugs is a felony of the
second
degree, and the court shall impose as a mandatory prison
term one
of the prison terms prescribed for a felony of the
second degree.
(d) If the amount of the drug involved equals or exceeds
fifty times
the bulk amount
but is less than one hundred times the
bulk
amount, aggravated possession
of drugs is a felony of the
first degree, and the court shall impose as a
mandatory prison
term one of the prison terms prescribed for a felony of the
first
degree.
(e) If the amount of the drug involved equals or exceeds one
hundred
times the bulk
amount, aggravated possession of drugs is a
felony of the first degree, the
offender is a major drug offender,
and
the court shall impose as a mandatory prison term the maximum
prison term
prescribed for a felony of the first degree and may
impose an additional
mandatory prison term prescribed for a major
drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(2) If the drug involved in the violation is a compound,
mixture,
preparation, or substance included in schedule III, IV,
or V,
whoever violates division (A) of this section is
guilty of
possession of
drugs. The penalty for the offense shall be
determined as
follows:
(a) Except as otherwise provided in division
(C)(2)(b), (c),
or (d) of this section,
possession of drugs is a misdemeanor of
the third degree or, if the offender previously has been
convicted
of a drug abuse offense, a misdemeanor of the second
degree. If
the drug involved in the violation is an anabolic
steroid included
in schedule III and if the offense is a
misdemeanor of the third
degree under this division, in lieu of
sentencing the offender to
a term of imprisonment in a detention
facility, the court may
place the offender on conditional
probation pursuant to
division
(F) of section 2951.02 of the Revised
Code.
(b) If the amount of the drug involved equals or exceeds
the
bulk amount but is less than five times the
bulk amount,
possession of drugs is a felony of the fourth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining
whether to
impose a prison term on the offender.
(c) If the amount of the drug involved equals or exceeds
five times the bulk amount but is less than
fifty times the
bulk
amount, possession of drugs is a felony of the third degree,
and
there is a presumption for a prison term for the offense.
(d) If the amount of the drug involved equals or exceeds
fifty times the bulk amount, possession of drugs is a felony of
the second degree, and the court shall impose upon the offender
as
a mandatory prison term one of the prison terms prescribed for
a
felony of the second degree.
(3) If the drug involved in the violation is marihuana or a
compound,
mixture, preparation, or substance containing marihuana
other than
hashish, whoever violates
division (A) of this
section
is guilty of possession of marihuana. The penalty for
the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b), (c),
(d), (e), or
(f) of this section, possession of marihuana is a
minor
misdemeanor.
(b) If the amount of the drug involved equals
or exceeds one
hundred grams but is less than
two hundred
grams, possession of
marihuana is a misdemeanor of the fourth
degree.
(c) If the amount of the drug involved equals or exceeds
two
hundred grams but is less than one thousand
grams,
possession of
marihuana is a felony of the fifth degree, and
division (B) of
section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(d) If the amount of the drug involved equals or exceeds
one
thousand grams but is less than five
thousand grams,
possession of
marihuana is a felony of the third degree, and
division (C) of
section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(e) If the amount of the drug involved equals or exceeds
five thousand grams but is less than twenty
thousand grams,
possession of marihuana is a felony of the third degree, and
there
is a presumption that a prison term shall be imposed for
the
offense.
(f) If the amount of the drug involved equals or exceeds
twenty thousand grams, possession of marihuana is a felony of the
second degree, and the court shall impose as a mandatory prison
term the maximum prison term prescribed for a felony of the
second
degree.
(4) If the drug involved in
the violation is cocaine or a
compound, mixture, preparation, or substance
containing cocaine,
whoever violates division (A)
of this section is guilty of
possession of cocaine. The penalty
for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(4)(b), (c),
(d), (e), or
(f) of this section, possession of cocaine is a
felony of the
fifth degree, and division (B) of section 2929.13 of
the Revised Code
applies in determining whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds
five grams but is less than twenty-five grams of
cocaine that is
not crack
cocaine or equals or exceeds one gram but is less than
five grams
of crack cocaine, possession of
cocaine is a felony of
the fourth degree, and there is a
presumption for a prison term
for the offense.
(c) If the amount of the drug involved equals or exceeds
twenty-five grams but is less than one hundred
grams
of cocaine
that is not crack cocaine or equals or
exceeds five grams but is
less than ten grams of crack cocaine,
possession of
cocaine is a
felony of the third degree, and the
court shall impose as a
mandatory prison term one of the prison
terms prescribed for a
felony of the third degree.
(d) If the amount of the drug involved equals or exceeds
one
hundred grams but is less than five hundred
grams
of cocaine that
is not crack cocaine or equals or
exceeds ten grams but is less
than twenty-five grams of crack cocaine,
possession
of
cocaine is
a felony of the second degree, and the
court shall impose as a
mandatory prison term one of the prison
terms prescribed for a
felony of the second degree.
(e) If the amount of the drug involved equals or exceeds
five hundred grams but is less than one thousand
grams
of cocaine
that is not crack cocaine or
equals or exceeds twenty-five grams
but
is less than one hundred grams of crack cocaine,
possession of
cocaine is a felony of the first degree, and the
court shall
impose as a mandatory prison term one of the prison
terms
prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds
one
thousand grams of cocaine that is not crack
cocaine or equals or
exceeds one
hundred grams of crack cocaine, possession of cocaine
is a felony of
the first degree, the offender is a major drug
offender, and the
court shall impose as a mandatory prison
term
the maximum prison term prescribed for a felony of the first
degree and may impose an additional mandatory prison term
prescribed for a major drug offender under division
(D)(3)(b) of
section 2929.14 of the
Revised Code.
(5) If the drug involved in the violation is
L.S.D., whoever
violates division
(A) of this section is guilty of possession of
L.S.D. The penalty for the offense shall
be determined as
follows:
(a) Except as otherwise provided in division
(C)(5)(b), (c),
(d), (e), or (f) of this section, possession of L.S.D. is a
felony
of the fifth degree, and division (B) of section 2929.13 of the
Revised
Code applies in determining whether to impose a prison
term on the offender.
(b) If the amount of L.S.D. involved equals or exceeds ten
unit doses
but is less than fifty unit doses
of L.S.D. in a solid
form or equals or exceeds one gram
but is less than five grams of
L.S.D.
in a liquid concentrate, liquid extract, or liquid
distillate
form, possession of
L.S.D. is a felony of the fourth
degree,
and division (C) of section 2929.13 of the Revised Code
applies in determining
whether to impose a prison term on the
offender.
(c) If the amount of
L.S.D. involved equals or exceeds fifty
unit doses,
but is less than two hundred fifty unit doses
of
L.S.D. in a solid form or equals or exceeds five grams
but is less
than twenty-five grams of L.S.D.
in a liquid concentrate, liquid
extract, or liquid distillate
form, possession of L.S.D. is a
felony of the third degree, and there is a
presumption for a
prison term for the offense.
(d) If the amount of
L.S.D. involved equals or exceeds two
hundred fifty
unit doses but is less than one thousand unit
doses
of L.S.D. in a solid form or equals or exceeds twenty-five
grams
but is less than one hundred grams of
L.S.D. in a liquid
concentrate,
liquid extract, or liquid distillate form,
possession
of L.S.D. is a felony of the
second degree, and the court shall
impose as a mandatory prison
term one of the prison terms
prescribed for a felony of the
second degree.
(e) If the amount of
L.S.D. involved equals or exceeds one
thousand unit
doses but is less than five thousand unit doses
of
L.S.D. in a solid form or equals or exceeds one hundred
grams but
is less than five hundred grams of
L.S.D.
in a liquid concentrate,
liquid extract, or liquid distillate
form, possession of L.S.D. is
a felony of the first degree,
and the court shall impose as a
mandatory prison term one of the
prison terms prescribed for a
felony of the first degree.
(f) If the amount of
L.S.D. involved equals or exceeds five
thousand
unit doses
of L.S.D. in a solid form or equals or exceeds
five
hundred grams of L.S.D.
in a liquid concentrate, liquid
extract, or liquid distillate
form, possession of L.S.D. is a
felony of the first degree, the offender is a major drug
offender,
and the court shall impose as a
mandatory prison term the maximum
prison term prescribed for a
felony of the first degree and may
impose an additional mandatory
prison term prescribed for a major
drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(6) If the drug involved in the violation is heroin or a
compound,
mixture, preparation, or substance containing heroin,
whoever violates division (A) of this section is guilty
of
possession of heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(6)(b), (c),
(d), (e), or
(f) of this section, possession of heroin is a felony
of the fifth
degree, and division (B) of section 2929.13 of the
Revised Code applies in
determining whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds ten
unit doses
but is less than fifty unit doses or equals or exceeds
one gram but is less than five grams, possession
of heroin is
a
felony of the fourth degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a
prison term on
the offender.
(c) If the amount of the drug involved equals or exceeds
fifty unit doses
but is less than one hundred unit doses or equals
or exceeds
five grams but is less than ten grams,
possession of
heroin is
a felony of the third degree, and there is a presumption
for a
prison term for the offense.
(d) If the amount of the drug involved equals or exceeds one
hundred unit
doses but is less than five hundred unit doses or
equals or exceeds
ten grams but is less than fifty grams,
possession of heroin
is a felony of the second degree, and the
court shall impose as a
mandatory prison term one of the prison
terms prescribed for a
felony of the second degree.
(e) If the amount of the drug involved equals or exceeds
five hundred unit
doses but is less than two thousand five hundred
unit doses or equals or
exceeds
fifty grams but is less than two
hundred fifty
grams,
possession of heroin is a felony of the first
degree, and the
court shall impose as a mandatory prison term one
of the prison
terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds two
thousand five
hundred unit doses or equals or exceeds
two hundred
fifty grams, possession of heroin is a felony of the
first degree,
the offender is a major drug offender, and the
court shall impose
as a mandatory prison
term the maximum prison term prescribed for
a felony of the first
degree and may impose an additional
mandatory prison term
prescribed for a major drug offender under
division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(7) If the drug involved in the violation is hashish or a
compound,
mixture, preparation, or substance containing hashish,
whoever violates division (A) of this section is guilty
of
possession of hashish. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(7)(b), (c),
(d), (e), or
(f) of this section, possession of hashish is a minor
misdemeanor.
(b) If the amount of the drug involved equals or exceeds
five grams but is less than ten grams of hashish
in a solid form
or equals
or exceeds one gram but is less than two grams
of
hashish in a liquid
concentrate, liquid extract, or liquid
distillate form, possession of
hashish is a misdemeanor of the
fourth degree.
(c) If the amount of the drug involved equals or exceeds
ten
grams but is less than fifty grams of
hashish in a solid form or
equals or
exceeds two grams but is less than ten grams of
hashish
in a liquid
concentrate, liquid extract, or liquid distillate
form,
possession of hashish is a felony of the fifth degree, and
division
(B) of section 2929.13 of the Revised Code applies in
determining whether to
impose
a prison term on the offender.
(d) If the amount of the drug involved equals or exceeds
fifty grams but is less than two hundred fifty
grams of hashish in
a solid
form or equals or exceeds ten grams but is
less than fifty
grams of hashish in a
liquid concentrate, liquid extract, or
liquid distillate form,
possession of hashish is a felony of the
third degree, and division
(C) of section 2929.13 of the Revised
Code applies in determining whether to impose
a prison term on the
offender.
(e) If the amount of the drug involved equals or exceeds
two
hundred fifty grams but is less than one
thousand grams of hashish
in a
solid form or equals or exceeds fifty grams but
is less than
two hundred grams of
hashish in a liquid concentrate, liquid
extract, or liquid distillate form,
possession of hashish is a
felony of the third degree, and there is a
presumption that a
prison term shall be imposed for the offense.
(f) If the amount of the drug involved equals or exceeds
one
thousand grams of hashish in a solid form or equals or exceeds two
hundred grams of
hashish in a liquid concentrate, liquid extract,
or liquid distillate form,
possession of hashish is a felony of
the
second degree, and the court shall impose as a mandatory
prison
term the maximum prison term prescribed for a felony of the
second
degree.
(D) Arrest or conviction for a minor misdemeanor violation
of this section does not constitute a criminal record and need
not
be reported by the person so arrested or convicted in
response to
any inquiries about the person's criminal record,
including any
inquiries contained in any application for
employment, license, or
other right or privilege, or made in
connection with the person's
appearance as a witness.
(E) In addition to any prison term authorized or
required by
division (C) of this section and sections
2929.13 and 2929.14 of
the Revised Code and in
addition to any other sanction that is
imposed for the offense
under this section or sections 2929.11 to
2929.18 of
the
Revised Code, the court that sentences an
offender
who is convicted of or pleads guilty to a violation of
division
(A) of this section shall do all of the
following that are
applicable regarding the offender:
(1)(a) If the violation is a felony of the
first, second, or
third degree, the court shall impose upon the
offender the
mandatory fine specified for the offense under
division (B)(1) of
section 2929.18 of the Revised
Code unless, as specified in that
division, the court
determines that the offender is indigent.
(b) Notwithstanding any contrary provision of section
3719.21 of the Revised Code, the clerk of the
court shall pay a
mandatory fine or other fine
imposed for a violation of this
section pursuant to division (A) of section
2929.18 of the Revised
Code in accordance with and subject to the requirements
of
division (F) of section 2925.03 of the Revised Code. The agency
that
receives the fine shall use the fine as specified in division
(F) of section
2925.03 of the Revised Code.
(c) If a person is charged with a violation of this section
that is a felony
of the first, second, or third degree, posts
bail, and forfeits the bail, the
clerk shall pay the forfeited
bail pursuant to division
(E)(1)(b) of this section as if it were
a mandatory fine
imposed under division (E)(1)(a) of this section.
(2) The court shall suspend for not less than six months or
more than five
years the
offender's driver's or commercial
driver's license
or permit
of any person who
is convicted of or
has pleaded guilty
to a violation of this section.
(3) If the offender is a professionally licensed person
or a
person who
has
been admitted to the bar by order of the supreme
court in compliance with its
prescribed and published rules, in
addition to any other sanction imposed
for
a violation of this
section, the court
forthwith
immediately
shall comply with section
2925.38 of the Revised Code.
(F) It is an affirmative defense, as provided in section
2901.05 of the Revised Code, to a charge of a fourth degree felony
violation under this section that the controlled substance that
gave
rise
to the charge is in an
amount, is in a form, is
prepared, compounded, or mixed with substances that
are
not
controlled substances in a manner, or is possessed
under any
other
circumstances, that indicate that the substance was possessed
solely for
personal use.
Notwithstanding any contrary provision
of this section, if, in accordance
with section 2901.05 of the
Revised Code, an accused who is charged with a
fourth degree
felony violation of division (C)(2), (4), (5), or (6) of this
section
sustains the burden of going forward with evidence of and
establishes by a
preponderance of the evidence the affirmative
defense described in this
division, the accused may be prosecuted
for and may plead guilty to or be
convicted of a misdemeanor
violation of division (C)(2) of this
section or a fifth degree
felony violation of division (C)(4), (5), or (6) of this section
respectively.
(G) When a person is charged with possessing a bulk amount
or
multiple of a bulk amount, division (E) of section 2925.03 of
the Revised Code
applies regarding the determination of the amount
of the controlled substance
involved at the time of the offense.
Sec. 2925.12. (A) No person shall knowingly make, obtain,
possess, or use any instrument, article, or thing the customary
and primary purpose of which is for the administration or use of a
dangerous drug, other than marihuana, when the instrument
involved
is a hypodermic or syringe, whether or not of crude or
extemporized manufacture or assembly, and the instrument,
article,
or thing involved has been used by the offender to
unlawfully
administer or use a dangerous drug, other than
marihuana, or to
prepare a dangerous drug, other than marihuana,
for unlawful
administration or use.
(B) This section does not apply to manufacturers,
licensed
health professionals authorized to prescribe
drugs, pharmacists,
owners of pharmacies, and other
persons whose conduct was in
accordance with
Chapters 3719., 4715., 4723., 4729., 4731., and
4741. of the Revised
Code.
(C) Whoever violates this section is guilty of possessing
drug abuse instruments, a misdemeanor of the second degree. If
the offender previously has been convicted of a drug abuse
offense, a violation of this section is a misdemeanor of the
first
degree.
(D) In addition to any other sanction imposed
upon an
offender for a
violation of this section, the court shall suspend
for not less
than six months or more than five years the
offender's driver's or
commercial
driver's license or permit
of
any person who is convicted of or
has pleaded guilty to a
violation of this section. If the
offender is a professionally
licensed person
or a person who has
been admitted to the bar by
order of the supreme court in
compliance with its prescribed and
published rules, in addition
to
any other sanction imposed for a
violation of this section,
the
court
forthwith
immediately shall
comply with section
2925.38 of
the Revised Code.
Sec. 2925.13. (A) No person who is the owner, operator,
or
person in charge of a locomotive, watercraft, aircraft, or
other
vehicle, as defined in division (A) of section 4501.01 of
the
Revised Code, shall knowingly permit the vehicle to be used
for
the commission of a felony drug abuse offense.
(B) No person who is the owner, lessee, or occupant, or
who
has custody, control, or supervision, of premises or real
estate,
including vacant land, shall knowingly permit the
premises or real
estate, including vacant land, to be used for
the commission of a
felony drug abuse offense by another person.
(C)(1) Whoever violates this section is guilty of permitting
drug abuse.
(2) Except as provided in division (C)(3) of this
section,
permitting drug
abuse is
a misdemeanor of the first degree.
(3) Permitting drug abuse is a felony of the fifth
degree,
and division (C) of
section
2929.13 of the Revised Code applies in
determining whether to impose a prison
term on the offender, if
the felony drug abuse offense in question is a
violation of
section 2925.02 or 2925.03 of the Revised Code.
(D) In addition to any prison term authorized or required by
division (C)
of this section and sections 2929.13 and 2929.14 of
the Revised Code
and
in addition to any other sanction imposed for
the offense under this section
or sections 2929.11 to
2929.18 of
the Revised Code, the court that sentences
a person who is
convicted of or pleads
guilty to a violation of division (A) of
this section shall do all of
the following that are applicable
regarding the offender:
(1) The court shall suspend for not less
than six months or
more than five years the
offender's driver's or
commercial
driver's license
or permit
of the offender.
(2) If the offender is a professionally licensed person
or a
person who
has
been admitted to the bar by order of the supreme
court in
compliance with its prescribed and published rules, in
addition
to any other sanction imposed for a violation of this
section,
the court
forthwith
immediately shall comply with section
2925.38 of the Revised Code.
(E) Notwithstanding any contrary provision of section
3719.21
of the Revised Code, the clerk of the court shall pay a
fine imposed for a
violation of this section pursuant to division
(A) of section 2929.18 of the
Revised Code in accordance with and
subject to the requirements of division
(F) of section 2925.03 of
the Revised Code. The agency that receives the fine
shall use the
fine as specified in division (F) of section 2925.03 of the
Revised Code.
(F) Any premises or real estate that is permitted to be used
in
violation of division (B) of this section constitutes a
nuisance
subject to abatement pursuant to Chapter 3767. of the
Revised Code.
Sec. 2925.14. (A) As used in this section,
"drug
paraphernalia" means any equipment, product, or material of any
kind that is used by the offender, intended by the offender for
use, or designed for use, in propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging,
repackaging,
storing, containing, concealing, injecting,
ingesting, inhaling,
or otherwise introducing into the human
body, a controlled
substance in violation of this chapter.
"Drug
paraphernalia"
includes, but is not limited to, any of the
following equipment,
products, or materials that are used by the
offender, intended by
the offender for use, or designed by the
offender for use, in any
of the following manners:
(1) A kit for propagating, cultivating, growing, or
harvesting any species of a plant that is a controlled substance
or from which a controlled substance can be derived;
(2) A kit for manufacturing, compounding, converting,
producing, processing, or preparing a controlled substance;
(3)
Any object, instrument, or device for manufacturing,
compounding, converting, producing, processing, or preparing
methamphetamine or any salt, isomer, or salt of an isomer of
methamphetamine;
(4) An isomerization device for increasing the potency of
any species of a plant that is a controlled substance;
(5) Testing equipment for identifying, or analyzing the
strength, effectiveness, or purity of, a controlled substance;
(6) A scale or balance for weighing or measuring a
controlled substance;
(7) A diluent or adulterant, such as quinine
hydrochloride,
mannitol, mannite, dextrose, or lactose, for
cutting a controlled
substance;
(8) A separation gin or sifter for removing twigs and
seeds
from, or otherwise cleaning or refining, marihuana;
(9) A blender, bowl, container, spoon, or mixing device
for
compounding a controlled substance;
(10) A capsule, balloon, envelope, or container for
packaging small quantities of a controlled substance;
(11) A container or device for storing or concealing a
controlled substance;
(12) A hypodermic syringe, needle, or instrument for
parenterally injecting a controlled substance into the human
body;
(13) An object, instrument, or device for ingesting,
inhaling, or otherwise introducing into the human body,
marihuana,
cocaine, hashish, or hashish oil, such as a
metal,
wooden,
acrylic, glass, stone, plastic, or ceramic pipe, with or
without a
screen, permanent screen, hashish head, or punctured
metal bowl;
water pipe; carburetion tube or device; smoking or
carburetion
mask; roach clip or similar object used to hold
burning material,
such as a marihuana cigarette, that has become
too small or too
short to be held in the hand; miniature cocaine
spoon, or cocaine
vial; chamber pipe; carburetor pipe; electric
pipe; air driver
pipe; chillum; bong; or ice pipe or chiller.
(B) In determining if
any equipment, product, or
material
is drug paraphernalia, a
court or law enforcement officer
shall
consider, in addition to
other relevant factors, the
following:
(1) Any statement by the owner, or by anyone in control,
of
the
equipment, product, or material, concerning its use;
(2) The proximity in time or space of the
equipment,
product, or material, or of
the act relating to the
equipment,
product, or material, to a violation of any provision
of this
chapter;
(3) The proximity of the
equipment, product, or
material to
any controlled substance;
(4) The existence of any residue of a controlled substance
on the
equipment, product, or material;
(5) Direct or circumstantial evidence of the intent of the
owner, or of
anyone in control, of the
equipment, product,
or
material, to deliver it to any person whom the owner
or person
in
control of the
equipment, product, or material knows
intends to
use the object to
facilitate a violation of any
provision of this
chapter. A finding that the
owner, or anyone in
control, of the
equipment, product, or material, is not
guilty of a
violation of
any other provision of this chapter does
not
prevent a finding
that the
equipment, product, or
material was intended or designed
by the
offender for use as drug
paraphernalia.
(6) Any oral or written instruction provided with the
equipment, product, or material concerning its use;
(7) Any descriptive material accompanying the
equipment,
product, or material and
explaining or depicting its
use;
(8) National or local advertising concerning the use of
the
equipment, product, or material;
(9) The manner and circumstances in which the
equipment,
product, or material is
displayed for sale;
(10) Direct or circumstantial evidence of the ratio of the
sales of the
equipment, product, or material to the total
sales
of the business
enterprise;
(11) The existence and scope of legitimate uses of the
equipment, product, or material in the community;
(12) Expert testimony concerning the use of the
equipment,
product, or material.
(C)(1) No person shall knowingly use, or possess with
purpose to use, drug paraphernalia.
(2) No person shall knowingly sell, or possess or
manufacture with purpose to sell, drug paraphernalia, if the
person knows or
reasonably should know that the equipment,
product, or material will be used
as drug paraphernalia.
(3) No person shall place an advertisement in any
newspaper,
magazine, handbill, or other publication that is
published and
printed and circulates primarily within this state,
if the person
knows that the purpose of the advertisement is to
promote the
illegal sale in this state of the equipment, product, or material
that the offender intended or designed for use as drug
paraphernalia.
(D) This section does not apply to manufacturers,
licensed
health professionals authorized to prescribe
drugs, pharmacists,
owners of pharmacies, and other
persons whose conduct is in
accordance with Chapters 3719., 4715.,
4723., 4729., 4731., and
4741. of
the Revised Code. This section shall not be construed to
prohibit the possession or use of a hypodermic as authorized by
section 3719.172 of the Revised Code.
(E) Notwithstanding sections 2933.42 and 2933.43 of the
Revised Code, any drug paraphernalia that was used, possessed,
sold, or manufactured in a violation of this section shall be
seized, after a conviction for that violation shall be forfeited,
and upon forfeiture shall be disposed of pursuant to division
(D)(8) of section 2933.41 of the Revised Code.
(F)(1) Whoever violates division (C)(1) of this section is
guilty of illegal use or possession of drug paraphernalia, a
misdemeanor of the fourth degree.
(2) Except as provided in division (F)(3) of this section,
whoever violates division (C)(2) of this section is guilty of
dealing in drug paraphernalia, a misdemeanor of the second
degree.
(3) Whoever violates division (C)(2) of this section by
selling drug paraphernalia to a juvenile is guilty of selling
drug
paraphernalia to juveniles, a misdemeanor of the first
degree.
(4) Whoever violates division (C)(3) of this section is
guilty of illegal advertising of drug paraphernalia, a
misdemeanor
of the second degree.
(G) In addition to any other sanction imposed
upon an
offender for a
violation of this section, the court shall suspend
for not less
than six months or more than five years the
offender's driver's or
commercial
driver's license or permit
of
any person who is convicted of or
has pleaded guilty to a
violation of this section. If the
offender is a professionally
licensed person
or a person who has
been admitted to the bar by
order of the supreme court in
compliance with its prescribed and
published rules, in addition
to
any other sanction imposed for a
violation of this section, the
court
forthwith
immediately shall
comply with section 2925.38 of the Revised
Code.
Sec. 2925.22. (A) No person, by deception, as defined in
section 2913.01 of the Revised Code, shall procure the
administration of, a prescription for, or the dispensing of, a
dangerous drug or shall possess an uncompleted preprinted
prescription
blank used for writing a prescription for a dangerous
drug.
(B) Whoever violates this section is guilty of deception
to
obtain a dangerous drug. The penalty for the offense shall be
determined
as follows:
(1) If the drug involved is a compound, mixture,
preparation, or substance included in schedule I or II, with the
exception of marihuana, deception to obtain drugs is a felony of
the fourth degree, and division
(C) of section 2929.13 of the
Revised Code applies in determining whether to
impose a prison
term on the offender.
(2) If the drug involved is a dangerous drug or a compound,
mixture,
preparation, or substance included in schedule III, IV,
or V or is marihuana,
deception to obtain a dangerous drug is a
felony of the fifth degree, and
division (C) of section 2929.13 of
the Revised Code applies in determining
whether to impose a prison
term on the offender.
(C) In addition to any prison term authorized or required by
division (B) of
this section and sections 2929.13 and 2929.14 of
the Revised Code and in
addition to any other sanction imposed for
the offense under this section or
sections 2929.11 to 2929.18 of
the Revised Code, the court that sentences an
offender who is
convicted of or pleads guilty to a violation
of division (A) of
this section shall do both of the following:
(1) The court shall suspend for not less
than six months or
more than five years
the
offender's driver's or
commercial
driver's license or permit
of any person who is convicted of or
has pleaded guilty to a violation of this
section.
(2) If the offender is a professionally licensed person
or a
person
who has been admitted to the bar by order of the supreme
court in compliance
with its prescribed and published rules, in
addition to any other
sanction imposed for a violation of this
section, the court
forthwith
immediately shall comply with section
2925.38 of the
Revised Code.
(D) Notwithstanding any contrary provision of section
3719.21
of the Revised Code, the clerk of the court shall pay a
fine imposed for a
violation of this
section pursuant to division
(A) of section 2929.18 of the Revised Code in
accordance with and
subject to the requirements of division (F) of
section 2925.03 of
the Revised Code. The agency that receives the fine shall
use the
fine as
specified in division (F) of section 2925.03 of the
Revised Code.
Sec. 2925.23. (A) No person shall knowingly make a false
statement in any prescription, order, report, or record required
by Chapter 3719. or 4729. of the Revised Code.
(B) No person shall intentionally make, utter, or sell, or
knowingly possess any of the following that is a false or forged:
(2) Uncompleted preprinted prescription blank used for
writing a prescription;
(3) Official written order;
(4) License for a terminal distributor of dangerous drugs
as
required in section 4729.60 of the Revised Code;
(5) Registration certificate for a wholesale distributor
of
dangerous drugs as required in section 4729.60 of the Revised
Code.
(C) No person, by theft as defined in section 2913.02 of
the
Revised Code, shall acquire any of the following:
(2) An uncompleted preprinted prescription blank used for
writing a prescription;
(3) An official written order;
(4) A blank official written order;
(5) A license or blank license for a terminal distributor
of
dangerous drugs as required in section 4729.60 of the Revised
Code;
(6) A registration certificate or blank registration
certificate for a wholesale distributor of dangerous drugs as
required in section 4729.60 of the Revised Code.
(D) No person shall knowingly make or affix any false or
forged label to a package or receptacle containing any dangerous
drugs.
(E) Divisions (A) and (D) of this section do not apply to
licensed health professionals authorized to prescribe
drugs,
pharmacists, owners of pharmacies, and other
persons whose conduct
is in accordance with Chapters 3719.,
4715., 4723., 4725., 4729.,
4731., and 4741. of the Revised Code.
(F) Whoever violates this section is guilty of illegal
processing of drug documents.
If the offender violates division
(B)(2), (4), or (5) or division (C)(2), (4), (5), or (6) of
this
section, illegal processing of drug documents is a felony of the
fifth
degree. If the offender violates division (B)(1) or (3),
division
(C)(1) or (3), or division (D) of this section, the
penalty for illegal processing of drug documents
shall be
determined as follows:
(1) If the drug involved is a compound, mixture,
preparation, or substance
included in schedule I or II, with the
exception of marihuana, illegal
processing of drug documents is a
felony of the fourth degree, and division
(C) of section 2929.13
of the Revised Code applies in determining whether to
impose a
prison term on the offender.
(2) If the drug involved is a dangerous drug or a compound,
mixture, preparation, or substance included in schedule III,
IV,
or V or is marihuana, illegal processing of drug documents is a
felony of
the fifth degree, and division (C) of section 2929.13 of
the Revised Code
applies in determining whether to impose a prison
term on the offender.
(G) In addition to any prison term authorized or required by
division (F) of
this section and sections 2929.13 and 2929.14 of
the Revised Code and in
addition to any other sanction imposed for
the offense under this section or
sections 2929.11 to 2929.18 of
the Revised Code, the court that sentences an
offender who is
convicted of or pleads guilty to any violation of divisions
(A) to
(D) of this section shall do both of the following:
(1) The court shall suspend for not less
than six months or
more than five years the
offender's driver's or
commercial
driver's license
or permit
of any person who is convicted of or
has pleaded guilty
to a violation of this section.
(2) If the offender is a professionally licensed person
or a
person who
has
been admitted to the bar by order of the supreme
court in compliance with its
prescribed and published rules, in
addition to any other sanction imposed
for
a violation of this
section, the court
forthwith
immediately
shall comply with section
2925.38 of the Revised Code.
(H) Notwithstanding any contrary provision of section
3719.21 of the Revised
Code, the clerk of court shall pay a fine
imposed for a violation of this
section pursuant to division (A)
of section 2929.18 of the Revised Code in
accordance with and
subject to the requirements of division (F) of
section 2925.03 of
the Revised Code. The agency that receives the fine shall
use the
fine as
specified in division (F) of section 2925.03 of the
Revised Code.
Sec. 2925.31. (A) Except for lawful research, clinical,
medical, dental, or veterinary purposes, no person, with purpose
to induce intoxication or similar physiological effects, shall
obtain, possess, or use a harmful intoxicant.
(B) Whoever violates this section is guilty of abusing
harmful intoxicants, a misdemeanor of the first degree.
If the
offender previously has been convicted of a drug abuse offense,
abusing harmful intoxicants is a felony of the
fifth degree.
(C) In addition to any other sanction imposed
upon an
offender for a
violation of this section, the court shall suspend
for not less
than six months or more than five years
the
offender's driver's or
commercial driver's license or permit
of
any person who is convicted of or
has pleaded guilty to a
violation of this
section. If
the
offender is a professionally
licensed person
or a person who has
been admitted to the bar by
order of the supreme court in
compliance with its prescribed and
published rules, in addition
to any other sanction imposed for a
violation of this section,
the court
forthwith
immediately shall
comply with section
2925.38 of the Revised Code.
Sec. 2925.32. (A) Divisions (A)(1) and (2) of this section
do not apply to the dispensing or distributing of nitrous oxide.
(1) No person shall knowingly dispense or distribute a
harmful intoxicant to a person age eighteen or older if the
person
who dispenses or distributes it knows or has reason to
believe
that the harmful intoxicant will be used in violation of
section
2925.31 of the Revised Code.
(2) No person shall knowingly dispense or
distribute a
harmful intoxicant to
a person under age eighteen if the person
who dispenses
or distributes it knows or
has reason to believe
that the harmful intoxicant will be used in
violation of section
2925.31 of the Revised Code. Division
(A)(2) of this section does
not prohibit either
of the following:
(a) Dispensing or distributing a harmful intoxicant
to a
person under age eighteen if
a
written order from the juvenile's
parent or guardian is provided to the
dispenser or distributor;
(b) Dispensing or distributing gasoline or diesel
fuel to a
person under age eighteen if the dispenser or
distributor does not
know or have reason to believe the product
will be used in
violation of section 2925.31 of the
Revised Code. Division
(A)(2)(a)
of this section does not require a person to obtain a
written order
from the parent or guardian of a person under age
eighteen in
order to distribute or dispense gasoline or diesel
fuel to the
person.
(B)(1) No person shall knowingly dispense or distribute
nitrous oxide to a
person age twenty-one or older if the person
who dispenses or distributes it
knows or has reason to believe the
nitrous oxide will be used in violation of
section 2925.31 of the
Revised Code.
(2) Except for lawful medical, dental, or clinical purposes,
no person shall knowingly dispense or distribute nitrous oxide
to
a person under age twenty-one.
(3) No person, at the time a cartridge of nitrous oxide is
sold to another person, shall sell a device that allows the
purchaser to
inhale nitrous oxide from cartridges or to hold
nitrous
oxide released from cartridges for purposes of inhalation.
The
sale of any such device constitutes a rebuttable presumption
that the person knew or had reason to believe that the purchaser
intended to abuse the nitrous oxide.
(4) No person who dispenses or distributes nitrous oxide in
cartridges shall fail to comply with either of the following:
(a) The record-keeping requirements established under
division (F) of this section;
(b) The labeling and transaction identification requirements
established under
division (G) of this section.
(C) This section does not apply to products used in
making,
fabricating, assembling, transporting, or constructing a
product
or structure by manual labor or machinery for sale or
lease to
another person, or to the mining, refining, or
processing of
natural deposits.
(D)(1) Whoever violates division (A)(1) or
(2)
or division
(B)(1), (2), or (3) of this section is
guilty of trafficking in
harmful intoxicants, a felony of the fifth
degree. If the
offender previously has been convicted of a drug
abuse offense,
trafficking in harmful intoxicants is a felony of the
fourth
degree. In addition to any other sanction imposed
upon an
offender for
trafficking in harmful intoxicants, the
court shall
suspend for not less
than six months or more than five years
the
offender's driver's or
commercial driver's license or permit
of
any person who is convicted of or
has pleaded guilty to
trafficking in
harmful intoxicants.
If the
offender is a
professionally licensed person
or a person who has
been admitted
to the bar by order of the supreme court in
compliance with its
prescribed and published rules, in addition
to any other sanction
imposed for
trafficking in harmful intoxicants,
the court
forthwith
immediately shall comply with section
2925.38 of the
Revised
Code.
(2) Whoever violates division (B)(4)(a) or
(b) of this
section is guilty of improperly dispensing
or distributing nitrous
oxide, a misdemeanor of the fourth degree.
(E) It is an affirmative defense to a charge of a violation
of
division (A)(2) or (B)(2) of this section that:
(1) An individual
exhibited to the defendant or an officer
or employee of the defendant, for
purposes of establishing the
individual's age, a driver's license or permit
issued by this
state, a commercial driver's license or permit issued by this
state, an
identification card issued pursuant to section 4507.50
of the Revised Code,
for another
document that purports to be a
license, permit, or identification card
described in this
division;
(2) The document exhibited appeared to be a
genuine,
unaltered document, to pertain to the individual, and to
establish
the individual's age;
(3) The defendant or the officer or
employee of the
defendant
otherwise did not have reasonable cause to believe that
the
individual was under the age represented.
(F) Beginning July 1, 2000, a person who dispenses
or
distributes nitrous oxide shall record each
transaction involving
the dispensing or distributing of the nitrous oxide on a
separate
card. The person shall require the purchaser to sign the card and
provide a complete residence address. The person dispensing or
distributing
the nitrous oxide shall sign and date the card. The
person shall retain the
card recording a transaction for one year
from the date of the
transaction. The person shall maintain the
cards at the person's business
address and make them available
during normal business hours for inspection
and
copying by
officers or employees of the state board of pharmacy or of other
law enforcement agencies of this state or the United States
that
are authorized to investigate violations of Chapter 2925.,
3719.,
or 4729. of the Revised Code or the federal drug abuse control
laws.
The cards used to record each transaction shall inform the
purchaser of the
following:
(1) That nitrous oxide cartridges are to be used only for
purposes of preparing food;
(2) That inhalation of nitrous oxide can have dangerous
health effects;
(3) That it is a violation of state law to distribute or
dispense cartridges of nitrous oxide to any person under age
twenty-one, punishable as a felony of the fifth degree.
(G)(1) Each cartridge of
nitrous oxide dispensed or
distributed in this state shall bear
the following printed
warning:
"Nitrous oxide cartridges are to be used only for
purposes of
preparing food. Nitrous oxide cartridges may not be
sold to
persons under age twenty-one. Do not inhale
contents. Misuse can
be dangerous to your health."
(2) Each time a person dispenses or distributes one or more
cartridges of
nitrous oxide, the person shall mark the packaging
containing the cartridges with a label or other device that
identifies the
person who dispensed or distributed the nitrous
oxide and the person's
business address.
Sec. 2925.36. (A) No person shall knowingly furnish
another
a sample drug.
(B) Division (A) of this section does not apply to
manufacturers, wholesalers, pharmacists, owners of pharmacies,
licensed
health professionals authorized to prescribe drugs, and
other persons whose conduct is in accordance with Chapters 3719.,
4715., 4723., 4725., 4729., 4731., and 4741. of the Revised
Code.
(C)(1) Whoever violates this section is guilty of illegal
dispensing of drug samples.
(2) If the drug involved in the offense is a compound,
mixture,
preparation, or substance included in schedule I or II,
with the
exception of marihuana, the penalty for the offense shall
be
determined as follows:
(a) Except as otherwise provided in division (C)(2)(b) of
this section,
illegal dispensing of drug samples is a felony of
the fifth degree,
and, subject to division (E) of
this section,
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(b) If the offense was committed in the vicinity of a school
or
in the vicinity of a juvenile, illegal dispensing of drug
samples is a felony
of the fourth degree, and, subject to division
(E) of this section,
division (C) of section 2929.13 of the
Revised Code applies in determining
whether to impose a prison
term on the offender.
(3) If the drug involved in the offense is a dangerous drug
or a compound,
mixture, preparation, or substance included in
schedule III, IV, or
V, or is marihuana, the penalty for the
offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b) of
this section, illegal dispensing of
drug samples is a misdemeanor
of the second degree.
(b) If the offense was committed in the vicinity of
a school
or
in the vicinity of a juvenile, illegal dispensing of drug
samples
is a misdemeanor of the first degree.
(D) In addition to any prison term authorized or
required by
division (C) or (E) of this section and
sections 2929.13 and
2929.14 of the Revised Code and in addition to any other
sanction
imposed for the offense under this section or sections 2929.11 to
2929.18 of the Revised Code, the court that
sentences an offender
who is convicted of or pleads guilty to a violation of
division
(A) of this section shall do both of the following:
(1) The court shall suspend for not less
than six months or
more than five years the
offender's driver's or
commercial
driver's license
or permit
of any person who is convicted of or
has pleaded guilty
to a violation of this section.
(2) If the offender is a professionally licensed person
or a
person who
has
been admitted to the bar by order of the supreme
court in
compliance with its prescribed and published rules, in
addition
to any other sanction imposed for a violation of this
section,
the court
forthwith
immediately shall comply with section
2925.38 of the Revised
Code.
(E) Notwithstanding the prison term authorized or required
by
division (C) of this section and sections 2929.13 and 2929.14
of the Revised
Code, if the violation of division (A) of this
section involves the sale,
offer to sell, or possession of a
schedule I or II
controlled substance, with the exception of
marihuana, and if the court
imposing sentence upon the offender
finds that the offender as
a result of the violation is a major
drug offender and is guilty of
a specification of the type
described in section 2941.1410 of the Revised Code, the
court, in
lieu of the
prison term otherwise authorized or required, shall
impose upon
the offender the mandatory prison term specified in
division
(D)(3)(a) of section 2929.14 of the Revised Code and may
impose an additional
prison
term under division (D)(3)(b) of that
section.
(F) Notwithstanding any contrary provision of
section
3719.21 of the Revised Code, the clerk of the court shall pay a
fine
imposed for a
violation of this section pursuant to division
(A) of section 2929.18 of the
Revised Code in accordance with and
subject to the requirements of division
(F) of section 2925.03 of
the Revised Code. The agency that receives the fine
shall use the
fine as specified in division (F) of section 2925.03 of the
Revised Code.
Sec. 2925.37. (A) No person shall knowingly possess any
counterfeit controlled substance.
(B) No person shall knowingly make, sell, offer to sell,
or
deliver any substance that the person knows is a counterfeit
controlled substance.
(C) No person shall make, possess, sell, offer to sell, or
deliver any punch, die, plate, stone, or other device knowing or
having reason to know that it will be used to print or reproduce
a
trademark, trade name, or other identifying mark upon a
counterfeit controlled substance.
(D) No person shall sell, offer to sell, give, or deliver
any counterfeit controlled substance to a juvenile.
(E) No person shall directly or indirectly represent a
counterfeit controlled substance as a controlled substance by
describing its effects as the physical or psychological effects
associated with use of a controlled substance.
(F) No person shall directly or indirectly falsely
represent
or advertise a counterfeit controlled substance as a
controlled
substance. As used in this division, "advertise"
means engaging
in "advertisement," as defined in section 3715.01
of the Revised
Code.
(G) Whoever violates division (A) of this section is
guilty
of possession of counterfeit controlled substances, a
misdemeanor
of the first degree.
(H) Whoever violates division (B) or (C) of this section
is
guilty of trafficking in counterfeit controlled substances.
Except
as
otherwise provided
in this division, trafficking in
counterfeit
controlled substances is a
felony of the fifth degree,
and
division (C) of section 2929.13 of the Revised
Code applies in
determining whether to impose a prison term on the offender.
If
the offense was committed in the vicinity of a school or in the
vicinity of
a
juvenile, trafficking in counterfeit controlled
substances is a felony of the
fourth degree, and division (C) of
section 2929.13 of the Revised Code
applies in determining whether
to impose a prison term on the offender.
(I) Whoever violates division (D) of this section is
guilty
of aggravated trafficking in counterfeit controlled
substances.
Except as otherwise provided in this division, aggravated
trafficking in counterfeit controlled
substances is a felony of
the fourth degree, and division
(C) of
section 2929.13 of the
Revised Code applies in determining whether to impose a
prison
term on
the offender.
(J) Whoever violates division (E) of this section is
guilty
of promoting and encouraging drug abuse. Except as otherwise
provided
in this division, promoting and encouraging drug
abuse is
a felony of the fifth degree, and division (C) of section
2929.13
of the Revised Code applies in determining whether to impose a
prison
term on the offender. If the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, promoting
and
encouraging drug abuse is a felony of the fourth degree, and
division (C) of
section 2929.13 of the Revised Code applies in
determining
whether to impose a prison term on the offender.
(K) Whoever violates division (F) of this section is
guilty
of fraudulent drug advertising. Except as otherwise provided in
this
division, fraudulent drug advertising is a felony of the
fifth
degree, and division (C) of section 2929.13 of the Revised
Code applies in
determining whether to impose a prison term on the
offender. If the offense
was committed in the vicinity of
a
school or in the vicinity of a juvenile, fraudulent drug
advertising is a
felony of the fourth degree, and division (C)
of
section 2929.13 of the Revised Code applies in determining whether
to impose a prison term
on the offender.
(L) In addition to any prison
term authorized or required by
divisions (H) to
(K) of this section and sections 2929.13 and
2929.14
of the Revised Code and in addition to any other sanction
imposed for the
offense under this section or sections 2929.11 to
2929.18 of the Revised
Code, the court that sentences an offender
who is convicted of or
pleads guilty to a violation of division
(B),
(C), (D), (E), or (F) of this section shall do both of the
following:
(1) The court shall suspend for not less
than six months or
more than five years
the
offender's driver's or commercial
driver's license or permit
of any person who is convicted of or
has pleaded guilty to any other violation of this section.
(2) If the offender is a professionally licensed person
or a
person who
has been admitted to the bar by order of the supreme
court in
compliance with its prescribed and published rules, in
addition
to any other sanction imposed for a violation of
this
section, the court
forthwith
immediately shall comply with
section
2925.38 of the Revised Code.
(M) Notwithstanding any contrary provision of
section
3719.21 of the Revised Code, the clerk of the court shall pay a
fine
imposed for a violation of this section pursuant to division
(A) of section 2929.18 of the Revised Code in accordance with and
subject to the requirements of division (F) of section
2925.03 of
the Revised Code. The agency that receives the fine shall use the
fine as specified in division (F) of section 2925.03
of the
Revised Code.
Sec. 2925.38. If a person who is convicted of or pleads
guilty to a violation of section 2925.02, 2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.11,
2925.12, 2925.13, 2925.14,
2925.22, 2925.23, 2925.31, 2925.32,
2925.36, or 2925.37 of the
Revised Code is a professionally
licensed person, in addition to
any other
sanctions imposed for the violation, the court
forthwith, except as otherwise provided in this section,
immediately
shall transmit a
certified copy of the judgment entry
of
conviction to the
regulatory or licensing board or agency that
has
the
administrative authority to suspend or revoke the
offender's
professional license. If
a
the professionally licensed
person who is convicted of or pleads
guilty to a violation of any
section listed in
this section is a
person who has been admitted
to the bar by
order of the supreme
court in
compliance with its
prescribed and published rules, in
addition
to any other sanctions
imposed for the violation, the
court
forthwith
immediately shall
transmit a certified copy of the judgment
entry of conviction to
the secretary
of the board of
commissioners
on grievances and
discipline of the supreme court
and to either
the disciplinary
counsel or the president,
secretary, and
chairperson of each
certified grievance
committee.
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject to
division (A)(2)
of this section, any facility other than an
offender's home
or residence in which an offender is assigned to
live
and that satisfies all of the following criteria:
(a) It provides programs through which the offender may seek
or maintain
employment or may receive education, training,
treatment, or
habilitation.
(b) It has received the appropriate license or certificate
for any
specialized education, training, treatment, habilitation,
or
other service that it provides from the government agency that
is responsible for licensing or certifying that type of
education,
training, treatment, habilitation, or service.
(2) "Alternative residential facility" does
not include a
community-based correctional facility, jail,
halfway house, or
prison.
(B) "Bad time" means the time by which the parole board
administratively extends an offender's stated prison term or terms
pursuant to
section 2967.11 of the Revised Code because the parole
board
finds by clear and convincing evidence that the
offender,
while serving the prison term or terms, committed an
act that is a
criminal offense under the law of this state or the
United States,
whether or not the offender is prosecuted for
the commission of
that act.
(C) "Basic probation supervision" means a
requirement that
the offender maintain contact with a person
appointed
to supervise
the offender in accordance
with sanctions imposed by the court or
imposed by the parole board pursuant to
section 2967.28 of the
Revised Code. "Basic probation supervision"
includes basic parole
supervision and basic post-release control
supervision.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and
"unit dose" have the
same meanings as in section 2925.01 of the
Revised Code.
(E) "Community-based correctional
facility" means a
community-based correctional facility and
program or district
community-based correctional facility and
program developed
pursuant to sections 2301.51 to 2301.56 of the
Revised Code.
(F) "Community control sanction"
means a sanction that is
not a prison term and that is described
in section 2929.15,
2929.16, 2929.17, or 2929.18 of the Revised
Code.
(G) "Controlled substance," "marihuana," "schedule I,"
and
"schedule II" have the same meanings as in section 3719.01 of the
Revised
Code.
(H) "Curfew" means a requirement that
an offender during a
specified period of time be at a designated
place.
(I) "Day reporting" means a sanction
pursuant to which an
offender is required each day to report to
and leave a center or
other approved reporting location at
specified times in order to
participate in work, education or
training, treatment, and other
approved programs at the center or
outside the center.
(J) "Deadly weapon" has the same
meaning as in section
2923.11 of the Revised
Code.
(K) "Drug and alcohol use monitoring"
means a program under
which an offender agrees to submit to
random chemical analysis of
the offender's blood, breath, or urine to
determine whether the
offender has ingested any alcohol or other
drugs.
(L) "Drug treatment program" means
any program under which a
person undergoes assessment and treatment designed
to
reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to
receive assessment and
treatment on an outpatient basis or may be required to
reside at a
facility other than the person's home or residence while
undergoing assessment and treatment.
(M) "Economic loss" means any
economic detriment suffered by
a victim as a result of the commission of a
felony and includes
any loss
of income due to lost
time at work because of any injury
caused to the victim, and any
property loss, medical cost, or
funeral expense incurred as a
result of the commission of the
felony.
(N) "Education or training" includes
study at, or in
conjunction with a program offered by, a
university, college, or
technical college or vocational study and
also includes the
completion of primary school, secondary school,
and literacy
curricula or their equivalent.
(O) "Electronically monitored house
arrest" has the same
meaning as in section 2929.23 of the
Revised Code.
(P) "Eligible offender" has the same
meaning as in section
2929.23 of the Revised Code
except as otherwise specified in
section 2929.20 of the
Revised Code.
(Q) "Firearm" has the same meaning as
in section 2923.11 of
the Revised Code.
(R) "Halfway house" means a facility
licensed by the
division of parole and community services of the department of
rehabilitation and correction pursuant to section
2967.14 of the
Revised Code as a suitable
facility for the care and treatment of
adult offenders.
(S) "House arrest" means a period of confinement of an
eligible offender that
is in the eligible offender's home or in
other premises specified by the
sentencing court or by the parole
board
pursuant to section 2967.28 of the Revised Code, that may be
electronically monitored house arrest, and during which all of
the
following apply:
(1) The eligible offender is required to remain in the
eligible offender's
home or other specified premises
for the
specified period of confinement, except for periods of time
during
which the eligible offender is at the eligible offender's place of
employment or at other
premises as authorized by the sentencing
court or by the parole board.
(2) The eligible offender is required
to report periodically
to a person designated by the
court or parole board.
(3) The eligible offender is subject to any other
restrictions and requirements that may be imposed by the
sentencing court or by the parole board.
(T) "Intensive probation supervision" means a
requirement
that an offender maintain frequent contact with a
person appointed
by the court, or by the parole board pursuant to section
2967.28
of the Revised Code, to supervise the offender while the
offender
is seeking or maintaining necessary employment and
participating
in training, education, and treatment programs as
required in the
court's or parole board's order. "Intensive
probation
supervision" includes intensive parole supervision and intensive
post-release control supervision.
(U) "Jail" means a jail, workhouse,
minimum security jail,
or other residential facility
used for the confinement of alleged
or convicted offenders that
is operated by a political subdivision
or a combination of
political subdivisions of this state.
(V) "Delinquent child" has the same meaning as in section
2152.02 of the
Revised Code.
(W) "License violation report" means
a report that is made
by a sentencing court, or by the parole board pursuant
to section
2967.28 of the Revised Code, to the regulatory or
licensing board
or agency that issued an offender a professional
license or a
license or permit to do business
in this state and that specifies
that the offender has been
convicted of or pleaded guilty to an
offense that may violate the
conditions under which the offender's
professional license or
license or permit to do business in this
state was granted or an offense
for which the offender's
professional license or license or permit to do
business in this
state may be revoked or suspended.
(X) "Major drug offender" means an
offender who is convicted
of or pleads guilty to the possession
of, sale of, or offer to
sell any drug, compound, mixture,
preparation, or substance that
consists of or contains at least
one thousand grams of hashish; at
least one hundred
grams of crack cocaine; at least one thousand
grams of cocaine that is not
crack cocaine; at least two thousand
five hundred unit doses or two
hundred fifty grams of
heroin; at
least five thousand unit doses of
L.S.D. or five hundred grams of
L.S.D. in a
liquid concentrate, liquid extract, or liquid
distillate form; or at least
one hundred times the
amount of any
other schedule I or II controlled
substance other than marihuana
that is necessary to commit a
felony of the third degree pursuant
to section 2925.03, 2925.04,
2925.05, or 2925.11 of the Revised
Code
that is based on the possession of, sale of, or offer to sell
the
controlled substance.
(Y) "Mandatory prison term" means any of the
following:
(1) Subject to division (Y)(2) of this section,
the term in
prison that must be imposed for the offenses or
circumstances set
forth in divisions (F)(1) to (8) or
(F)(12) of section
2929.13 and
division (D) of section 2929.14 of the
Revised Code. Except as
provided in sections
2925.02, 2925.03, 2925.04, 2925.05, and
2925.11 of the
Revised Code, unless the maximum or another
specific term is required under section 2929.14 of the
Revised
Code, a mandatory prison term described in this division may be
any prison term authorized for the level of offense.
(2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree
felony
OMVI
OVI offense pursuant
to division (G)(2)
of
section 2929.13 and division
(A)(4) or (8)
(G)(1)(d) or (e) of
section
4511.99
4511.19 of
the Revised Code.
(3) The term in prison imposed pursuant to section 2971.03
of the Revised Code for the offenses and in the circumstances
described in
division (F)(11) of section 2929.13 of the Revised
Code and
that term as
modified or terminated pursuant to
section
2971.05 of the Revised Code.
(Z) "Monitored time" means a period
of time during which an
offender continues to be under the
control of the sentencing court
or parole board, subject to no
conditions other than leading a
law-abiding life.
(AA) "Offender" means a person who,
in this state, is
convicted of or pleads guilty to a felony or a
misdemeanor.
(BB) "Prison" means a residential
facility used for the
confinement of convicted felony offenders
that is under the
control of the department of rehabilitation and
correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code.
(CC) "Prison term" includes any of the following
sanctions
for an offender:
(1) A stated prison term;
(2) A term in a prison shortened by, or with the
approval
of, the sentencing court pursuant to section 2929.20,
2967.26,
5120.031, 5120.032, or 5120.073 of the
Revised Code;
(3) A term in prison extended by bad time imposed
pursuant
to section 2967.11 of the Revised Code
or imposed for a violation
of post-release control pursuant to
section 2967.28 of the Revised
Code.
(DD) "Repeat violent offender" means
a person about whom
both of the following apply:
(1) The person has been convicted of or has pleaded
guilty
to, and is being sentenced for committing, for
complicity in
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree
other than one set forth in Chapter 2925. of the Revised
Code, a
felony of the first degree set forth in Chapter
2925. of the
Revised Code that involved an attempt
to cause serious physical
harm to a person or that resulted in serious
physical harm to a
person, or a
felony of the second degree that involved an attempt
to cause serious physical
harm to a person
or that resulted in
serious physical harm to a person.
(2) Either of the following applies:
(a) The person previously was convicted of or pleaded
guilty
to, and served a prison term for, any of the following:
(i) Aggravated murder, murder, involuntary manslaughter,
rape, felonious
sexual penetration as it existed under
section
2907.12 of the Revised Code prior to September 3,
1996, a felony
of the first or second degree that resulted in the death
of a
person or in physical harm to a person, or complicity in or an
attempt
to commit any of those offenses;
(ii) An offense under an existing or
former law of this
state, another state, or the
United States that is or was
substantially equivalent to an offense listed
under division
(DD)(2)(a)(i) of this section and that
resulted in the death of a
person or in physical harm to a person.
(b) The person previously was adjudicated a delinquent child
for
committing an act that if committed by an adult would have
been an offense
listed in division
(DD)(2)(a)(i) or (ii) of this
section, the person was committed to the department of youth
services for that
delinquent act.
(EE) "Sanction" means any penalty
imposed upon an offender
who is convicted of or pleads guilty to
an offense, as punishment
for the offense. "Sanction"
includes any sanction imposed
pursuant to any provision of
sections 2929.14 to 2929.18 of the
Revised Code.
(FF) "Sentence" means the sanction or
combination of
sanctions imposed by the sentencing court on an
offender who is
convicted of or pleads guilty to a felony.
(GG) "Stated prison term" means the
prison term, mandatory
prison term, or combination of all
prison terms and mandatory
prison terms imposed by the
sentencing court pursuant to section
2929.14 or 2971.03 of the
Revised Code. "Stated prison term"
includes any credit received by the offender for time spent in
jail awaiting trial, sentencing, or transfer to prison for the
offense and any time spent under house arrest or electronically
monitored house arrest imposed after earning credits pursuant to
section 2967.193 of the Revised Code.
(HH) "Victim-offender mediation"
means a reconciliation or
mediation program that involves an
offender and the victim of the
offense committed by the offender and that
includes a meeting in
which the offender and the victim may discuss the
offense, discuss
restitution, and consider other sanctions for
the offense.
(II) "Fourth degree felony
OMVI
OVI offense" means a
violation
of division (A) of section
4511.19 of the Revised
Code
that, under
division (G) of that section
4511.99 of
the Revised
Code, is a felony of the fourth
degree.
(JJ) "Mandatory term of local
incarceration" means the term
of sixty or one hundred twenty days in a jail, a
community-based
correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony
OMVI
OVI offense pursuant to division (G)(1) of section
2929.13
of the Revised Code and division
(A)(4) or (8)
(G)(1)(d)
or (e) of section
4511.99
4511.19 of
the
Revised Code.
(KK) "Designated homicide, assault, or kidnapping
offense,"
"sexual motivation specification," "sexually violent offense,"
"sexually violent predator," and "sexually violent predator
specification"
have the same meanings as in section 2971.01 of the
Revised Code.
(LL) "Habitual sex offender," "sexually oriented
offense,"
and "sexual predator" have the same meanings as in section 2950.01
of the Revised Code.
(MM) An offense is "committed in the vicinity of a child"
if
the offender commits the offense within thirty feet of or within
the same
residential unit as a child who
is under eighteen years
of age, regardless of whether the offender knows the
age of the
child or whether the offender knows the offense is
being committed
within thirty feet of or within the same residential unit as
the
child and regardless of whether the child actually views the
commission of
the offense.
(NN) "Family or household member" has the same meaning as
in
section 2919.25 of the Revised Code.
(OO) "Motor vehicle" and "manufactured home" have the
same
meanings as in section 4501.01 of the Revised Code.
(PP) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code.
(QQ) "Third degree felony
OMVI
OVI offense" means a
violation of
division (A) of section 4511.19 of the Revised Code
that, under
division (G) of that section
4511.99 of the Revised
Code, is a felony of
the third
degree.
(RR) "Random drug testing" has the same meaning as in
section 5120.63 of the Revised Code.
(SS) "Felony sex offense" has the same meaning as in
section
2957.28 of the Revised Code.
(RR)(TT) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code.
Sec. 2929.13. (A) Except as provided in
division (E), (F),
or (G) of this section and unless a
specific sanction is required
to be imposed or is precluded from
being imposed pursuant to law,
a court that imposes a sentence
upon an offender for a felony may
impose any sanction or
combination of sanctions on the offender
that are provided in
sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary
burden on
state or local government resources.
If the offender is eligible to be sentenced to community
control sanctions,
the court shall consider the
appropriateness of
imposing a financial sanction pursuant to
section 2929.18 of the
Revised Code or
a sanction of community service
pursuant to
section 2929.17 of the Revised Code
as the sole sanction for the
offense. Except as otherwise provided in this
division, if the
court is required
to impose a mandatory prison term for the
offense for which
sentence is being imposed, the court also may
impose a financial
sanction pursuant to section 2929.18 of the
Revised
Code but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code.
If the offender is being sentenced for a fourth degree felony
OMVI
OVI offense or for a third degree felony
OMVI
OVI offense, in
addition
to the mandatory term of local
incarceration or the
mandatory prison term required for
the offense by
division (G)(1)
or (2) of this section, the
court shall impose upon the offender a
mandatory fine in accordance with
division (B)(3) of section
2929.18 of the
Revised Code
and may impose whichever of the
following is applicable:
(1) For a fourth degree felony
OMVI
OVI offense for which
sentence is
imposed under division (G)(1) of this section, an
additional
community control sanction
or combination of community
control sanctions under section 2929.16 or 2929.17
of the Revised
Code;
(2) For a third or fourth degree felony
OMVI
OVI offense for
which
sentence is imposed under division (G)(2) of this section,
an additional
prison term as
described in division (D)(4) of
section 2929.14 of the Revised Code.
(B)(1) Except as provided in division (B)(2),
(E), (F), or
(G) of this section, in sentencing an offender for a
felony of the
fourth or fifth degree, the sentencing court shall determine
whether any
of the following apply:
(a) In committing the offense, the offender caused
physical
harm to a person.
(b) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person
with a
deadly weapon.
(c) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person,
and
the offender previously was convicted of an offense that
caused
physical harm to a person.
(d) The offender held a public office or position of
trust
and the offense related to that office or position; the
offender's
position obliged the offender to prevent the offense
or to bring
those committing it to justice; or the offender's
professional
reputation or position facilitated the offense or
was likely to
influence the future conduct of others.
(e) The offender committed the offense for hire or as part
of an organized criminal activity.
(f) The offense is a sex offense that is a fourth or
fifth
degree felony violation of section 2907.03, 2907.04,
2907.05,
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or
2907.34 of the
Revised Code.
(g) The offender previously served a prison term.
(h) The offender committed the offense while under a
community control
sanction, while on probation, or while released
from custody on a bond or
personal recognizance.
(i) The offender committed the offense while in possession
of a firearm.
(2)(a) If the court makes a finding
described in division
(B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) of this
section and if the court, after
considering the factors set forth
in section 2929.12 of the
Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised
Code and finds that the
offender is not amenable to an available
community control
sanction, the court shall impose a
prison term upon the offender.
(b) Except as provided in division (E), (F), or (G) of this
section, if the
court does not make a
finding described in
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or
(i) of
this section and if the court, after
considering the factors set
forth in section 2929.12 of the
Revised
Code, finds that a
community
control sanction or combination of community control
sanctions
is consistent with the purposes and principles of
sentencing set
forth in section 2929.11 of the
Revised
Code, the
court shall impose a
community control sanction or combination of
community control
sanctions upon the offender.
(C) Except as provided in division (E), (F), or (G) of this
section, in
determining whether to impose a prison
term as a
sanction for a felony of the
third degree or a felony drug offense
that is a
violation of a provision of
Chapter 2925. of the
Revised
Code and that is specified as
being subject to this division for
purposes of sentencing, the
sentencing court shall comply with the
purposes and principles
of sentencing under section 2929.11 of the
Revised
Code and with section 2929.12
of the Revised Code.
(D) Except as provided in division (E)
or (F) of this
section, for a felony of the first or
second degree and for a
felony drug offense that is a violation
of any provision of
Chapter 2925., 3719., or 4729. of the
Revised Code for which a
presumption in favor of
a prison term is specified as being
applicable, it is presumed
that a prison term is necessary in
order to comply
with the purposes and principles of sentencing
under section 2929.11 of the
Revised Code. Notwithstanding the
presumption established
under this division, the sentencing court
may
impose a community control sanction or a combination of
community control
sanctions instead of a prison term on an
offender for a felony of the first or
second degree or for a
felony drug offense that is a violation of any
provision of
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being
applicable if
it makes both of
the following findings:
(1) A community control sanction or a combination of
community control
sanctions would
adequately punish the offender
and protect the public from future
crime, because the applicable
factors
under section 2929.12
of the Revised Code indicating a
lesser
likelihood of recidivism
outweigh the applicable factors
under that section
indicating a
greater likelihood of recidivism.
(2) A community control sanction or a combination of
community control
sanctions would not
demean the seriousness of
the offense, because one or more
factors under section 2929.12 of
the Revised
Code that indicate that the offender's conduct was
less serious than
conduct normally constituting the offense are
applicable, and they outweigh
the applicable factors under that
section that indicate that the
offender's conduct was more
serious
than conduct normally constituting the offense.
(E)(1) Except as provided in division
(F) of this section,
for any drug offense that is a
violation of any provision of
Chapter 2925.
of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a
presumption
under division (D) of this section in favor of a prison
term or of
division (B) or (C) of this section in
determining
whether to
impose a prison term for the offense shall be
determined as
specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37
of the
Revised Code,
whichever is applicable regarding the
violation.
(2) If an offender who was convicted of or pleaded guilty to
a felony
violates the conditions of a community
control sanction
imposed for the offense solely by
reason of producing positive
results on a drug test,
the court, as punishment for the violation
of the sanction, shall not order
that the offender be imprisoned
unless the court
determines on the record either of the following:
(a) The offender had been ordered as a sanction for the
felony to
participate in a drug treatment program, in a drug
education program,
or in narcotics anonymous or a
similar program,
and the offender continued to use illegal drugs after a
reasonable
period of participation in the program.
(b) The imprisonment of the offender for the violation is
consistent with the
purposes and principles of sentencing set
forth in section 2929.11 of the
Revised Code.
(F) Notwithstanding divisions (A) to
(E) of this section,
the court shall impose a prison
term or terms under sections
2929.02 to 2929.06, section 2929.14, or section
2971.03 of the
Revised Code and except as specifically provided in
section
2929.20 or 2967.191 of the Revised Code or when parole is
authorized for the offense under section 2967.13 of the Revised
Code shall not reduce the terms pursuant to section 2929.20,
section
2967.193, or any other provision of
Chapter 2967. or
Chapter 5120. of
the Revised Code for any of the following
offenses:
(1) Aggravated murder when death is not imposed or murder;
(2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape
by force
when the victim is under thirteen years of age;
(3) Gross sexual imposition or sexual battery, if the victim
is under
thirteen
years of age, if the offender previously was
convicted of or pleaded guilty to
rape, the former offense of
felonious sexual penetration, gross sexual
imposition, or sexual
battery,
and if the victim of the previous offense was under
thirteen years of age;
(4) A felony violation of section 2903.04, 2903.06,
2903.08,
2903.11, 2903.12, or
2903.13 of the Revised Code if the section
requires the
imposition of a prison term;
(5) A first, second, or third degree felony drug
offense for
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or
4729.99 of the Revised Code, whichever is
applicable regarding the
violation, requires the imposition of a
mandatory prison term;
(6) Any offense that is a first or second degree felony
and
that is not set forth in division (F)(1), (2), (3), or (4)
of this
section, if the offender previously was convicted of or
pleaded
guilty to aggravated murder, murder, any first or
second degree
felony, or an offense under an existing or former law
of this
state, another state, or the United States that is
or was
substantially equivalent to one of those offenses;
(7) Any offense that is a third degree felony and that is
listed in division
(DD)(1) of section 2929.01 of the Revised Code
if the offender previously was
convicted of or pleaded guilty to
any offense that is listed in division
(DD)(2)(a)(i) or (ii) of
section 2929.01 of the Revised Code;
(8) Any offense, other than a violation of section 2923.12
of the Revised
Code, that is a felony, if the offender had a
firearm on or about the offender's person or under the offender's
control
while committing the felony, with respect to a portion of
the
sentence imposed pursuant to division (D)(1)(a) of
section
2929.14 of the Revised Code for having the firearm;
(9) Any offense of violence that is a felony, if the
offender wore or carried body armor while committing the felony
offense of violence, with respect to the portion of the sentence
imposed pursuant to division (D)(1)(d) of section 2929.14 of the
Revised Code for wearing or carrying the body armor;
(10) Corrupt activity in violation of section 2923.32 of
the
Revised Code when the most serious offense in
the pattern of
corrupt activity that is the basis of the offense
is a felony of
the first degree;
(11) Any sexually violent offense for which the offender
also is convicted
of or pleads guilty to a sexually violent
predator
specification that was included in the indictment, count
in the indictment, or
information charging the sexually violent
offense;
(12) A violation of division (A)(1) or (2) of section
2921.36 of the Revised
Code, or a violation of division (C) of
that section involving an item listed
in division (A)(1) or (2) of
that section, if the offender is an officer or
employee of the
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of
this section, if
an offender is being sentenced for a fourth degree felony
OMVI
OVI
offense or for a third degree felony
OMVI
OVI offense, the
court
shall
impose upon the offender a mandatory
term of local
incarceration
or a mandatory prison term in accordance with the
following:
(1) If the offender is being sentenced for a fourth degree
felony
OMVI
OVI offense, the court may impose upon the offender a
mandatory term
of local incarceration
of sixty days
or one hundred
twenty days as specified
in division
(A)(4)
(G)(1)(d) of section
4511.99
4511.19 of
the Revised Code
or a
mandatory term of local
incarceration of one hundred
twenty days
as specified in division
(A)(8) of that section. The court
shall
not reduce the term
pursuant to
section 2929.20, 2967.193, or any
other provision of
the Revised
Code. The court that imposes a
mandatory term of
local incarceration
under this division shall
specify whether the
term is to be served in a
jail, a
community-based correctional
facility, a halfway house, or an
alternative residential facility,
and the
offender shall serve the
term in the type of facility
specified
by the court. A mandatory
term of local incarceration
imposed
under division (G)(1) of this
section is not subject to
extension
under section 2967.11 of the
Revised Code, to a period
of post-release control
under section
2967.28 of the Revised Code,
or to any other Revised Code
provision that pertains to a prison
term.
(2) If the offender is being sentenced for a third
degree
felony
OMVI
OVI offense,
or if the offender is being sentenced for
a
fourth degree felony
OMVI
OVI offense and the court does not
impose a
mandatory term of local incarceration
under division
(G)(1) of
this section, the court shall impose upon the
offender a
mandatory
prison term of sixty days
or one hundred twenty days as
specified in division
(A)(4)
(G)(1)(e) of
section
4511.99
4511.19
of the Revised Code
or a mandatory prison term of
one hundred
twenty days as specified in division
(A)(8) of that
section. The
court shall not reduce the term pursuant
to section
2929.20,
2967.193, or any other provision of the Revised Code. In
no case
shall an offender who once has been sentenced to a
mandatory term
of local incarceration pursuant to division (G)(1)
of this section
for a
fourth degree felony
OMVI
OVI offense be
sentenced to
another mandatory
term of local incarceration under
that division
for any violation of division
(A) of section 4511.19
of the
Revised Code. The court shall not sentence the
offender to
a
community control sanction under section 2929.16 or 2929.17 of
the
Revised
Code. The department of rehabilitation and correction
may
place an offender
sentenced to a mandatory prison term under
this
division in an intensive
program prison established pursuant
to
section 5120.033 of the Revised
Code if the department gave the
sentencing judge prior notice of its intent to
place the offender
in an intensive program prison established under that
section and
if the judge did not notify the department that the judge
disapproved the placement. Upon the establishment of the initial
intensive
program prison pursuant to section 5120.033 of the
Revised Code that is privately operated
and managed by a
contractor pursuant to a contract entered into under section
9.06
of the Revised Code, both of the following apply:
(a) The department of rehabilitation and correction shall
make a
reasonable effort to ensure that a sufficient number of
offenders sentenced to
a mandatory prison term under this division
are placed in the privately
operated and managed prison so that
the privately operated and managed prison
has full occupancy.
(b) Unless the privately operated and managed prison has
full
occupancy, the department of rehabilitation and correction
shall not place any
offender sentenced to a mandatory prison term
under this division in any
intensive program prison established
pursuant
to section 5120.033 of the Revised Code other
than the
privately operated and managed prison.
(H) If an offender is being sentenced
for a sexually
oriented offense committed on or after January 1,
1997, the judge
shall
require the offender to submit to a
DNA specimen collection
procedure pursuant to section 2901.07 of the
Revised Code
if
either of the following applies:
(1) The offense was a sexually violent offense, and the
offender also was
convicted of or pleaded guilty to a sexually
violent predator specification
that was included in the
indictment,
count in the indictment, or information charging the
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented
offense
determines pursuant to division (B) of section 2950.09 of
the Revised
Code that the offender is a sexual predator.
(I) If an offender is being sentenced
for a sexually
oriented offense committed on or after January 1,
1997, the judge
shall
include in the sentence a summary of the
offender's duty to
register pursuant to section 2950.04 of the Revised Code,
the
offender's duty to provide notice of a change in residence address
and
register the new residence address pursuant to section 2950.05
of the Revised
Code, the offender's duty to periodically verify
the offender's current
residence address pursuant to section
2950.06 of the Revised Code, and the
duration of the duties. The
judge shall inform the offender, at the
time of sentencing, of
those duties and of their duration and, if required
under division
(A)(2) of section 2950.03 of
the Revised Code, shall perform the
duties specified in that
section.
(J)(1) Except as
provided in division (J)(2) of
this
section, when considering sentencing factors under this
section in
relation to an offender who is convicted of or pleads
guilty to an
attempt to commit an offense in violation of
section 2923.02 of
the Revised Code, the sentencing court
shall consider the factors
applicable to the felony category of
the violation of section
2923.02 of the Revised
Code instead of the factors
applicable to
the felony category of the offense
attempted.
(2) When considering sentencing factors under this
section
in relation to an offender who is convicted of or pleads
guilty to
an attempt to commit a drug abuse offense for which
the penalty is
determined by the amount or number of unit doses
of the controlled
substance involved in the drug abuse offense,
the sentencing court
shall consider the factors applicable to
the felony category that
the drug abuse offense attempted would
be if that drug abuse
offense had been committed and had
involved an amount or number of
unit doses of the controlled
substance that is within the next
lower range of controlled substance amounts
than was involved in
the attempt.
(K) As used in this section, "drug abuse offense" has the
same meaning as in
section 2925.01 of the Revised Code.
Sec. 2929.14. (A) Except as provided in
division (C),
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this
section and except
in relation to an offense for which a sentence
of death or life
imprisonment is to be imposed, if the court
imposing a sentence
upon an offender for a felony elects or is
required to impose a
prison term on the offender pursuant to this
chapter and is not
prohibited by division (G)(1) of section 2929.13 of the
Revised
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall
be one of the following:
(1) For a felony of the first degree, the prison term
shall
be three, four, five, six, seven, eight, nine, or ten
years.
(2) For a felony of the second degree, the prison term
shall
be two, three, four, five, six, seven, or eight years.
(3) For a felony of the third degree, the prison term
shall
be one, two, three, four, or five years.
(4) For a felony of the fourth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months.
(5) For a felony of the fifth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven,
or twelve months.
(B) Except as provided in division (C),
(D)(1), (D)(2),
(D)(3), or (G) of this section, in section 2907.02
of the Revised
Code, or in Chapter
2925. of the Revised Code, if the court
imposing a sentence upon an offender for a felony elects or is
required to impose a prison term on the offender and if the
offender previously has not served a prison term, the court shall
impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless the
court finds
on the record that the shortest prison term will
demean the
seriousness of the offender's conduct or will not
adequately
protect the public from future crime by the offender
or others.
(C) Except as provided in division (G) of this section or in
Chapter 2925. of
the Revised Code, the court imposing a sentence
upon an
offender for a felony may impose the longest prison term
authorized for the offense pursuant to division (A) of
this
section only upon offenders who committed the worst forms of
the
offense, upon offenders who pose the greatest likelihood of
committing future crimes, upon certain major drug offenders under
division (D)(3) of this section, and upon certain repeat
violent
offenders in accordance with division (D)(2) of
this section.
(D)(1)(a) Except as provided in division
(D)(1)(e) of this
section, if
an offender who is convicted of or pleads guilty to a
felony also
is convicted of or pleads guilty to a specification of
the type
described in section 2941.141, 2941.144, or
2941.145 of
the
Revised Code, the court shall impose on the offender one of
the
following prison terms:
(i) A prison term of six years if the specification is of
the
type described in section 2941.144 of the Revised Code
that
charges the offender with having a firearm that is an automatic
firearm
or that was equipped with a firearm muffler or silencer on
or about the
offender's person or
under the offender's control
while committing the felony;
(ii) A prison term of three years if the specification
is of
the type described in section 2941.145 of the Revised
Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense
and displaying
the firearm, brandishing
the firearm,
indicating that the offender possessed the firearm, or
using it to
facilitate the offense;
(iii) A prison term of one year if the specification
is of
the type described in section 2941.141 of the Revised
Code
that
charges the offender with having a firearm on or about the
offender's
person or under the offender's control while committing
the felony.
(b) If a
court imposes a prison term on
an
offender under
division (D)(1)(a) of this section, the prison
term shall not be
reduced pursuant to section 2929.20, section 2967.193,
or
any
other provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. A court shall not
impose more than one prison term on an
offender under
division (D)(1)(a) of this section for felonies
committed as part of
the same act or transaction.
(c) Except as provided in division
(D)(1)(e)
of this
section, if an offender who is convicted of or pleads
guilty to a
violation of section 2923.161 of the
Revised
Code or to a felony
that includes,
as an essential element, purposely or knowingly
causing or
attempting to cause the death of or physical harm to
another,
also is convicted of or pleads guilty to a specification
of the
type described in section 2941.146 of the
Revised
Code that
charges the offender
with committing the offense by discharging a
firearm from a
motor vehicle other than a manufactured
home, the
court, after imposing
a prison term on the offender for the
violation of section
2923.161 of the Revised
Code or for the other
felony
offense under division (A), (D)(2), or (D)(3) of this
section, shall
impose an additional prison term of five years upon
the offender
that shall not be reduced pursuant to section
2929.20, section 2967.193, or
any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A
court shall not impose
more than one additional prison term on an offender under
division
(D)(1)(c) of this section for felonies committed as
part of the
same
act or transaction. If a court imposes an additional prison
term on an
offender under division (D)(1)(c) of this section
relative to an offense, the court also shall
impose a prison term
under division
(D)(1)(a) of this section
relative to the same
offense, provided the criteria specified in that division
for
imposing an additional prison term are satisfied relative to the
offender
and the offense.
(d)
If an offender who is convicted of or pleads guilty to
an offense
of violence that is a felony also is convicted of or
pleads guilty to a
specification of the type described in section
2941.1411 of the Revised Code that charges the
offender with
wearing or carrying body armor
while committing the felony offense
of violence, the court shall
impose on the offender a prison term
of two years. The prison
term so imposed shall not be reduced
pursuant to section 2929.20,
section 2967.193, or any other
provision of
chapter
Chapter 2967. or
chapter
Chapter 5120. of the
Revised Code. A court shall not impose more
than one prison term
on an offender under division
(D)(1)(d) of this section for
felonies committed as
part of
the same act or transaction. If a
court imposes an additional prison
term under division (D)(1)(a)
or (c)
of this section, the
court is not precluded from imposing
an additional prison term under
division (D)(1)(d) of this
section.
(e) The court shall not impose any of the
prison terms
described in division
(D)(1)(a)
of this section or any of the
additional prison terms described in
division (D)(1)(c) of this
section upon an
offender for a
violation of section
2923.12 or
2923.123 of the Revised Code. The court shall not
impose any of
the prison terms described in
division
(D)(1)(a) of this section
or any of the additional prison terms
described in division
(D)(1)(c) of this section
upon an offender for a violation of
section 2923.13 of the
Revised Code unless all of the following
apply:
(i) The offender previously has been convicted
of aggravated
murder, murder, or any felony of the first or
second degree.
(ii) Less than five years have passed since the
offender was
released from prison or post-release control,
whichever is later,
for the prior offense.
(2)(a) If an offender who is
convicted of or pleads guilty
to a felony also is convicted of or pleads
guilty to a
specification of the type described in section 2941.149 of the
Revised Code
that the
offender is a repeat
violent offender, the
court shall
impose a prison term from the range of terms
authorized for the offense
under division (A) of this section
that
may be the longest term in the range and that shall not be reduced
pursuant to section 2929.20, section 2967.193, or
any other
provision of Chapter 2967. or Chapter 5120. of the
Revised
Code.
If the court finds that the
repeat violent offender, in committing
the offense, caused any
physical harm that carried a substantial
risk of death to a
person or that involved substantial permanent
incapacity or
substantial permanent disfigurement of a person,
the
court shall impose the longest prison term from the range of terms
authorized for the
offense under division (A) of this section.
(b) If the court imposing a prison term on a
repeat violent
offender imposes the longest prison term
from the range of terms
authorized for the offense under division
(A) of this section, the
court may impose on the offender
an additional definite prison
term of one, two, three, four,
five, six, seven, eight, nine, or
ten years if the court finds
that both of the following apply with
respect to the prison terms
imposed on the offender pursuant to
division
(D)(2)(a) of this section and, if
applicable, divisions
(D)(1) and (3) of this section:
(i) The terms so imposed are inadequate to
punish the
offender and protect the public from future crime,
because the
applicable factors
under
section 2929.12
of the Revised Code
indicating a greater
likelihood of recidivism outweigh
the
applicable factors under that section indicating a lesser
likelihood of
recidivism.
(ii) The terms so imposed are demeaning to the
seriousness
of the offense, because one or more of the factors
under section
2929.12 of the Revised Code
indicating that the offender's conduct
is more serious than conduct normally
constituting the offense are
present, and they outweigh the applicable
factors under that
section indicating that the offender's
conduct is
less serious
than conduct normally constituting the offense.
(3)(a) Except when an offender commits a
violation of
section 2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for the
violation is life imprisonment or commits a
violation of section
2903.02 of the Revised Code, if the offender
commits a violation of section 2925.03 or 2925.11 of
the Revised
Code and that section classifies the offender as a major drug
offender and requires the
imposition of a ten-year prison term on
the offender, if
the offender commits a felony violation of
section 2925.02,
2925.04, 2925.05, 2925.36, 3719.07, 3719.08,
3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of
section 3719.172, division
(C) of section 4729.51, or division (J)
of section 4729.54
of the Revised Code that includes the sale,
offer to sell,
or possession of a schedule
I or II controlled
substance, with the exception of
marihuana, and the
court imposing
sentence upon the offender finds
that the offender is guilty of a
specification of the type
described in section 2941.1410 of the
Revised Code charging
that the offender is a
major drug offender,
or if the court imposing sentence upon an offender for
a felony
finds that the offender is guilty
of corrupt activity with the
most serious offense in the pattern
of corrupt activity being a
felony of the first degree or is guilty of
an attempted forcible
violation of section 2907.02 of the Revised Code with
the victim
being under
thirteen years of age and that attempted violation is
the felony
for which sentence is being imposed, the court shall
impose upon
the offender for the felony violation a ten-year
prison term that
cannot be reduced pursuant to section 2929.20 or
Chapter
2967. or 5120. of the Revised Code.
(b) The court imposing a prison term on an
offender under
division (D)(3)(a) of this
section may impose an additional prison
term of one, two, three,
four, five, six, seven, eight, nine, or
ten years, if the court,
with respect to the term imposed under
division
(D)(3)(a) of this section and, if
applicable, divisions
(D)(1) and (2) of this section,
makes both of the findings set
forth in divisions
(D)(2)(b)(i) and (ii) of this section.
(4) If the offender is being sentenced for a third or fourth
degree felony
OMVI
OVI offense under division (G)(2) of section
2929.13 of the Revised
Code,
the sentencing court shall impose
upon the offender a mandatory prison term in
accordance with that
division. In addition to the mandatory prison term,
if the
offender is being sentenced for a fourth degree felony OVI
offense, the court, notwithstanding division (A)(4) of this
section, may sentence the offender to a definite prison term of
not less than six months and not more than thirty months, and if
the offender is being sentenced for a third degree felony OVI
offense, the
sentencing court may sentence the offender to an
additional prison term of any
duration specified in division
(A)(3) of this section
minus. In either case, the additional
prison term imposed shall be reduced by the sixty or one
hundred
twenty days imposed upon the offender as the mandatory prison
term.
The total of the
additional prison term imposed under
division (D)(4) of this section
plus the sixty or one hundred
twenty days imposed as the mandatory prison term
shall equal
a
definite term in the range of six months to thirty months for a
fourth degree felony OVI offense and shall equal one of
the
authorized prison terms specified in division (A)(3) of this
section
for a third degree felony OVI offense. If
the court
imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term after
the
offender has served the mandatory prison term required for the
offense. The
court shall not sentence the offender to a community
control sanction under
section 2929.16 or 2929.17 of the Revised
Code.
(E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a mandatory prison term
is imposed
upon an offender pursuant to
division (D)(1)(a) of this
section for having a firearm on or
about the offender's person or under the
offender's
control while
committing a felony, if a mandatory prison term
is imposed
upon an
offender pursuant to division (D)(1)(c) of
this section for
committing a felony specified in that division by discharging
a
firearm from a motor vehicle, or if both types of mandatory prison
terms
are imposed, the offender shall serve
any mandatory prison
term
imposed under either division
consecutively to any other
mandatory prison term imposed under either division
or under
division (D)(1)(d) of this
section,
consecutively to and prior to
any prison term
imposed for the underlying felony pursuant to
division (A),
(D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term
or
mandatory prison term previously or subsequently imposed
upon the
offender.
(b) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(d) of this section for
wearing or
carrying body armor while committing an offense of violence that
is a felony,
the offender shall serve the mandatory
term so
imposed consecutively to any other mandatory prison term
imposed
under that division or under division (D)(1)(a)
or (c) of
this
section, consecutively to and prior to any prison term imposed for
the underlying felony under division (A), (D)(2), or
(D)(3)
of
this section or any other section of the Revised Code, and
consecutively to any other
prison term or mandatory prison term
previously or subsequently
imposed upon the offender.
(2) If an offender who is an inmate in a jail, prison,
or
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an
offender who is an
inmate in a jail, prison, or other residential
detention facility or is under
detention at a detention facility
commits another felony while the offender is
an
escapee in
violation of
section 2921.34 of the Revised Code, any prison
term
imposed upon the offender for one of those violations
shall be
served by the offender consecutively to the prison term or term of
imprisonment the offender
was serving when the offender committed
that offense and to any other prison
term previously or
subsequently imposed upon the offender.
(3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised
Code or if a prison term is
imposed for a felony violation of division
(B) of section 2921.331
of the Revised Code, the offender shall serve that
prison term
consecutively to any
other prison term or mandatory prison term
previously or subsequently
imposed upon the offender.
(4) If multiple prison terms are imposed on an offender
for
convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness
of the
offender's conduct and to the danger the offender
poses to
the public, and if the court also finds any
of the following:
(a) The offender committed the multiple
offenses while the
offender was awaiting trial or sentencing, was
under a sanction
imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the
Revised Code, or was under
post-release control for a prior
offense.
(b) The harm caused by the multiple offenses
was so great or
unusual that no single prison term for any of the
offenses
committed as part of a single course of conduct
adequately
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct
demonstrates
that consecutive sentences are necessary to protect
the public
from future crime by the offender.
(5) When consecutive prison terms are imposed pursuant
to
division (E)(1), (2), (3), or (4) of this
section, the term to be
served is the aggregate of all of the terms so
imposed.
(F) If a court imposes a prison term of a type
described in
division (B) of section 2967.28 of the
Revised Code, it shall
include in the sentence a
requirement that the offender be subject
to a period of
post-release control after the offender's release
from imprisonment, in
accordance with that division. If a court
imposes a prison term
of a type described in division (C) of that
section, it
shall include in the sentence a requirement that the
offender be
subject to a period of post-release control after the
offender's release
from imprisonment, in accordance with that
division, if the
parole board determines that a period of
post-release control is
necessary.
(G) If a person is convicted of or pleads guilty to a
sexually violent
offense and also is convicted of or pleads guilty
to a sexually violent
predator specification that was included in
the indictment, count in the
indictment, or information charging
that offense, the court shall impose
sentence upon the offender in
accordance with section 2971.03 of the Revised
Code, and Chapter
2971. of the Revised Code applies regarding the prison term
or
term of life imprisonment without parole imposed upon the offender
and the
service of that term of imprisonment.
(H) If a person who has been convicted of or pleaded guilty
to a felony is
sentenced to a prison term or term of imprisonment
under this section,
sections 2929.02 to 2929.06 of the Revised
Code, section 2971.03 of the
Revised Code, or any other provision
of law, section 5120.163 of the Revised
Code applies regarding the
person while the person is confined in a state
correctional
institution.
(I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence
also is convicted of or
pleads guilty to a specification of the
type described in section
2941.142 of the
Revised Code that charges the offender with having
committed
the felony while participating in a criminal gang, the
court shall impose upon
the offender an additional prison term of
one, two, or three years.
(J) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a
felony of the first, second, or
third degree that is an
offense of violence also is convicted of
or pleads guilty to a
specification of the type described in
section 2941.143 of the
Revised
Code that charges the offender
with having committed the offense in a school safety
zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall
serve the additional two years consecutively to and
prior to the prison term
imposed for the underlying offense.
(K) At the time of sentencing, the court shall determine if
an
offender is eligible for placement in a program of shock
incarceration under
section 5120.031 of the Revised Code or is
eligible for placement in an intensive program
prison under
section 5120.032 of the Revised Code. The court may recommend the
offender for
placement in a program of shock incarceration, if
eligible, or for placement
in an intensive program prison, if
eligible, disapprove placement of the
offender in a program of
shock incarceration or in an intensive program
prison, regardless
of eligibility, or make no recommendation on placement of
the
offender.
If the court disapproves placement of the offender in a
program or prison
of that nature, the department of rehabilitation
and correction shall not
place the offender in any program of
shock incarceration or intensive program
prison.
If the court approves placement of the offender in a program
of shock
incarceration or in an intensive program prison, the
department shall notify
the court if the offender is subsequently
placed in the recommended program or
prison and shall include with
the notice a brief description of the placement.
If the court approves placement of the offender in a program
of shock
incarceration or in an intensive program prison and the
department does not
subsequently place the offender in the
recommended program or prison, the
department shall send a notice
to the court indicating why the offender was
not placed in the
recommended program or prison.
If the court does not make a recommendation under this
division with
respect to an eligible offender, the department
shall screen the offender and
determine if there is an available
program of shock incarceration or an
intensive program prison for
which the offender is suited. If there is an
available program of
shock incarceration or an intensive program prison for
which the
offender is suited, the department shall notify the court of the
proposed placement of the offender and shall include with the
notice a brief
description of the placement. The court shall have
ten days from receipt of
the notice to disapprove the placement.
Sec. 2929.15. (A)(1) If in sentencing an offender for a
felony the court is
not required to impose a prison term, a
mandatory prison term, or a
term of life imprisonment upon the
offender, the court may directly impose a
sentence that consists
of one or more community
control sanctions
authorized pursuant to
section 2929.16, 2929.17, or 2929.18 of
the Revised Code. If the
court is sentencing an offender for a fourth
degree felony
OMVI
OVI offense under division
(G)(1) of section 2929.13 of the
Revised Code, in addition to the
mandatory term of local
incarceration imposed under that division and the
mandatory fine
required by
division (B)(3) of section
2929.18 of the Revised
Code, the court may impose upon the offender a
community control
sanction or combination of community control sanctions in
accordance with sections 2929.16 and 2929.17 of the Revised Code.
The duration of all community
control sanctions imposed upon an
offender under this division shall not
exceed
five years.
If the
offender absconds or otherwise leaves the jurisdiction of the
court
in which the offender resides without obtaining permission
from the court or
the offender's probation officer to leave the
jurisdiction of the court, or if
the offender is confined in any
institution for the commission of any offense
while under a
community control sanction, the period of the community control
sanction ceases to run until the offender is brought before the
court for its
further action.
If the court sentences the offender
to one or more nonresidential
sanctions under section 2929.17 of
the Revised Code, the court shall impose
as a condition of
the
nonresidential sanctions that, during the period of the sanctions,
the
offender must abide by the law and must not leave the state
without the
permission of the court or the offender's probation
officer. The court
may impose any
other conditions of release
under a community control sanction that the court
considers
appropriate, including, but not limited to, requiring that the
offender not ingest or be injected with a drug of abuse and submit
to random
drug testing as provided in division (D) of this section
to determine whether
the offender ingested or was injected with a
drug of abuse and requiring that
the results of the drug test
indicate that the offender did not ingest or was
not injected with
a drug of abuse. If the court is sentencing an
offender for a
third or fourth degree felony
OMVI
OVI offense under
division
(G)(2) of section 2929.13 of the Revised Code,
the court shall not
impose upon the offender any community control sanction or
combination of community control sanctions under section 2929.16
or 2929.17 of
the Revised Code.
(2)(a) If a court sentences an offender to any community
control sanction
or combination of community control sanctions
authorized
pursuant to section 2929.16, 2929.17, or 2929.18 of the
Revised Code, the
court shall place the offender under the general
control and
supervision of a department of probation in the county
that
serves the court for purposes of reporting to the court a
violation of any condition of the sanctions, any condition of
release under a
community control sanction imposed by the court, a
violation of law, or the
departure of the offender from this state
without the
permission of the court or the offender's probation
officer. Alternatively,
if
the offender resides in another county
and a county department of probation
has been
established in that
county or that county is served by a multicounty probation
department established under section 2301.27 of the Revised
Code,
the court may request the
court of common pleas of that county to
receive the offender into the general
control and supervision
of
that county or multicounty department of probation for
purposes of
reporting to the court a violation of any condition of the
sanctions,, any condition of release under a community control
sanction
imposed by the court, a violation of law, or the
departure of the offender from this state without the permission
of the court
or the offender's probation officer, subject to the
jurisdiction of
the trial judge over
and with respect to the
person of the offender, and to the rules
governing that department
of probation.
If there is no department of
probation in the county that
serves the court, the court shall place the
offender, regardless
of the offender's county of residence, under the general
control
and supervision of the adult parole authority for
purposes of
reporting to the court a violation of any of the sanctions, any
condition of release under a community control sanction imposed by
the court,
a violation of law, or the departure of the
offender
from this state without the permission of the court or the
offender's
probation officer.
(b) If the court imposing sentence upon an offender
sentences the offender to
any community control sanction or
combination of community control sanctions authorized pursuant
to
section 2929.16, 2929.17, or 2929.18 of the
Revised Code, and if
the offender
violates any condition of the sanctions,
any
condition of release under a community control sanction imposed by
the
court, violates any law, or departs the state without the
permission of the
court
or the offender's probation officer, the
public or
private person or
entity that operates or administers
the sanction or the program
or activity that comprises the
sanction shall report the
violation or departure directly to the
sentencing court, or shall
report the
violation or departure to
the county or multicounty department of
probation
with general
control and supervision over the offender under
division (A)(2)(a)
of this section or the officer of that department who
supervises
the offender, or, if there is no such department with general
control and supervision over the offender under that division,
to
the adult parole authority. If the public or private person
or
entity that operates or administers the sanction or the
program or
activity that comprises the sanction reports the
violation or
departure to the county or multicounty department of
probation
or
the adult parole authority, the department's or authority's
officers may treat the offender as if the offender were on
probation and
in violation of the probation, and shall report the
violation of
the condition of the sanction, any condition of
release under a community
control sanction imposed by the court,
the violation of law, or
the departure from the state without the
required permission to the
sentencing court.
(B) If the conditions of a community control
sanction are
violated or if the
offender violates a law or leaves the state
without the permission of the
court or the offender's probation
officer, the sentencing court may
impose a longer time under the
same sanction if the total time under the
sanctions does not
exceed the five-year limit specified in
division (A) of this
section, may impose a more
restrictive sanction under section
2929.16, 2929.17, or 2929.18 of the Revised
Code, or may impose a
prison term on the offender pursuant to
section 2929.14 of the
Revised Code. The prison
term, if any, imposed upon a violator
pursuant to this division
shall be within the range of prison
terms available for the
offense for which the sanction that was
violated was imposed and
shall not exceed the prison term
specified in the notice provided
to the offender at the sentencing
hearing pursuant to division
(B)(3) of section 2929.19 of the
Revised
Code. The court may reduce the longer period of time
that
the offender is required to spend under the longer sanction,
the
more restrictive sanction, or a prison term imposed pursuant
to
this division by the time the offender successfully spent
under
the sanction that was initially imposed.
(C) If an offender, for a significant period of
time,
fulfills the conditions of a sanction imposed pursuant to
section
2929.16, 2929.17, or 2929.18 of the Revised
Code in an exemplary
manner, the court may reduce the
period of time under the sanction
or impose a less restrictive
sanction, but the court shall not
permit
the offender to violate any law or permit the offender to
leave the state
without the permission of the court or the
offender's probation officer.
(D)(1) If a court under division
(A)(1) of this section
imposes
a condition of release under a community control sanction
that
requires the offender to submit to random drug testing, the
department of probation or the adult parole authority that has
general control and supervision of the offender under
division
(A)(2)(a) of this section
may cause the offender to submit to
random drug testing
performed by a laboratory or
entity that has
entered into a
contract with any of the governmental entities or
officers authorized
to enter into a contract with that laboratory
or entity under
section 341.26, 753.33, or 5120.63 of the
Revised
Code.
(2) If no laboratory or entity described in division
(D)(1)
of this section has entered
into a contract as specified in that
division, the
department of probation or the adult parole
authority that has
general control and supervision of the offender
under
division (A)(2)(a) of this section
shall cause the offender
to submit to random drug testing
performed by a reputable public
laboratory
to determine whether the individual
who is the subject
of the drug test ingested or was injected with a drug of
abuse.
(3) A laboratory or entity that has entered into a contract
pursuant to section 341.26, 753.33, or 5120.63 of the
Revised Code
shall perform the random
drug tests under division (D)(1) of this
section in accordance with
the applicable standards that
are
included in the terms of that contract. A public laboratory shall
perform
the random drug tests under division (D)(2) of this
section in
accordance with the standards set
forth in the policies
and procedures established by the department of
rehabilitation and
correction pursuant to section 5120.63 of the Revised Code. An
offender
who is required under division
(A)(1) of this section to
submit to random drug testing as a condition of release under a
community control sanction and whose test results indicate that
the offender
ingested or was injected with a drug of abuse shall
pay the fee for the drug
test if the department of probation or
the adult parole authority that has
general control and
supervision of the offender requires payment of a fee. A
laboratory or entity that performs the random drug testing on an
offender under division (D)(1) or (2) of this section shall
transmit
the results of the drug test
to the appropriate
department of probation or the adult parole
authority that has
general control and supervision of the
offender under division
(A)(2)(a) of
this section.
Sec. 2929.16. (A) The court imposing a
sentence for a
felony upon an offender who is not required to
serve a mandatory
prison term may impose any community
residential sanction or
combination of community residential sanctions
under this section.
The court imposing a sentence for a fourth degree felony
OMVI
OVI
offense under
division
(G)(1) of section 2929.13 of the Revised
Code may impose upon the offender, in
addition to the
mandatory
term of local incarceration imposed under that division, a
community residential sanction or
combination of
community
residential sanctions under this section, and the offender shall
serve or satisfy the sanction or combination of sanctions after
the offender
has served the mandatory term of local incarceration
required for the
offense. Community residential sanctions
include, but are not limited to, the
following:
(1) A term of up to six months at a community-based
correctional facility that serves the county;
(2) Except as otherwise provided in division (A)(3) of
this
section and subject to division (D) of this section, a
term of up
to six months in a jail;
(3) If the offender is convicted of a fourth degree felony
OMVI
OVI
offense and is sentenced under division (G)(1) of
section
2929.13 of the Revised Code, subject to division (D) of this
section, a term of up to one year in a jail less the
mandatory
term of
local incarceration of sixty or one hundred twenty
consecutive days of
imprisonment imposed pursuant
to that
division;
(4) A term in a halfway house;
(5) A term in an alternative residential facility.
(B) The court that assigns any offender
convicted of a
felony to a residential sanction under this
section may authorize
the offender to be released so that the offender may
seek or
maintain employment, receive education or training, or
receive
treatment. A release pursuant to this division shall be
only for
the duration of time that is needed to fulfill the
purpose of the
release and for travel that reasonably is
necessary to fulfill the
purposes of the release.
(C) If the court assigns an offender to a
county jail that
is not a minimum security misdemeanant jail in a county that
has
established a county jail industry program pursuant to section
5147.30 of
the Revised Code, the court shall specify, as part of
the sentence, whether the sheriff of that county may consider the
offender for participation in the county jail industry
program.
During the offender's term in the county jail, the
court shall
retain jurisdiction to modify its specification upon
a
reassessment of the offender's qualifications for participation
in
the program.
(D) If a
court sentences an offender to a term in jail under
division
(A)(2) or (3) of this section and if the
sentence is
imposed for a felony of the fourth or fifth degree that is not an
offense of violence, the court may specify that it prefers that
the offender
serve the term in a minimum security jail established
under section 341.34 or
753.21 of the Revised Code. If the court
includes a
specification
of that type in the sentence and if the
administrator of the
appropriate minimum security jail or the
designee of that administrator
classifies the offender in
accordance with section 341.34 or 753.21 of the
Revised Code
as a
minimal security risk, the offender shall serve the term in the
minimum
security jail established under section 341.34 or 753.21
of the
Revised Code.
Absent a specification of that type and a
finding of that type, the offender
shall serve the term in a jail
other than a minimum security jail established
under section
341.34 or 753.21 of the Revised Code.
(E) If a person who has been convicted of or pleaded guilty
to a
felony is sentenced to a community residential sanction as
described in
division (A) of this section, at the time of
reception and at other
times the person in charge of the operation
of the community-based
correctional facility, jail, halfway house,
alternative residential facility,
or other place at which the
offender will serve the residential sanction
determines to be
appropriate, the person in charge of the operation of the
community-based correctional facility, jail, halfway house,
alternative
residential facility, or other place may cause the
convicted offender to be
examined and tested for tuberculosis, HIV
infection, hepatitis,
including but not limited to hepatitis A, B,
and C,
and other
contagious diseases. The person in charge of the
operation of the
community-based correctional facility, jail,
halfway house, alternative
residential facility, or other place at
which the offender will serve the
residential sanction may cause a
convicted offender in the community-based
correctional facility,
jail, halfway house, alternative residential facility,
or other
place who refuses to be tested or treated for tuberculosis,
HIV
infection, hepatitis, including but not limited to hepatitis
A, B,
and C, or another contagious disease to be
tested and
treated
involuntarily.
Sec. 2929.17. The court imposing a sentence for a
felony
upon an offender who is not required to serve a mandatory
prison
term may impose any nonresidential sanction or combination
of
nonresidential sanctions authorized under this section.
If the
court imposes one or more nonresidential sanctions authorized
under
this section, the court shall impose
as a condition of the
sanction that, during the period of the nonresidential
sanction,
the offender shall abide by the law and shall not leave the state
without the permission of the court or the offender's probation
officer.
The court imposing a sentence for a fourth degree felony
OMVI
OVI offense under division (G)(1)
of section 2929.13 of the
Revised Code may impose upon the offender, in
addition to the
mandatory term of local incarceration imposed under that
division,
a nonresidential
sanction or combination of nonresidential
sanctions under this section, and
the offender shall serve or
satisfy the sanction or combination of sanctions
after the
offender has served the mandatory term of local incarceration
required for the offense. Nonresidential sanctions include, but
are not
limited to, the following:
(A) A term of day reporting;
(B) A term of electronically monitored house arrest, a
term
of electronic monitoring without house arrest, or a term of
house
arrest without electronic monitoring;
(C) A term of community service of up to five hundred
hours
pursuant to division (F) of section 2951.02 of the
Revised Code
or, if the court determines that the
offender is financially
incapable of fulfilling a financial
sanction described in section
2929.18 of the Revised
Code, a term of community service as an
alternative to a
financial sanction;
(D) A term in a drug treatment program with a level of
security for the offender as determined necessary by the court;
(E) A term of intensive probation supervision;
(F) A term of basic probation supervision;
(G) A term of monitored time;
(H) A term of drug and alcohol use monitoring, including
random drug testing
pursuant to section 2951.05 of the Revised
Code;
(J) A requirement that the offender obtain employment;
(K) A requirement that the offender obtain education
or
training;
(L) Provided the court obtains the prior approval of the
victim,
a requirement that the offender participate in
victim-offender mediation;
(M) A license violation report;
(N) If the offense is a violation of section 2919.25 or a
violation of section 2903.11, 2903.12, or 2903.13 of the Revised
Code involving a person who was a family or household member at
the
time of the violation, if the offender committed the offense
in the vicinity
of one or more children who are not victims of the
offense, and if the
offender or the victim of the offense is a
parent, guardian, custodian, or
person in loco parentis of one or
more of those children, a requirement that
the
offender obtain
counseling. This division does not limit the
court in requiring
the offender to obtain counseling for any offense or in any
circumstance not specified in this division.
Sec. 2929.18. (A) Except as otherwise provided in this
division and in addition to imposing court costs pursuant to
section 2947.23
of the Revised Code, the court imposing a sentence
upon an offender for a
felony may sentence the offender to any
financial sanction or combination of
financial
sanctions
authorized under this section or, in the circumstances specified
in section 2929.25 of the Revised Code, may impose upon the
offender a fine in accordance with that section. If the offender
is sentenced
to a sanction of confinement pursuant to section
2929.14 or 2929.16 of the
Revised Code that is to be served in a
facility operated by
a board of county commissioners, a
legislative authority of a municipal
corporation, or another
governmental entity, the court imposing sentence upon
an offender
for a felony shall comply with division
(A)(4)(b) of this section
in determining whether to
sentence the offender to a financial
sanction described in division
(A)(4)(a) of this section.
Financial sanctions
that may be imposed pursuant to this section
include, but are
not limited to, the following:
(1) Restitution by the offender to the victim of the
offender's crime or any survivor of the victim, in an amount
based
on the victim's economic loss. The court shall order that the
restitution be made to the adult probation department that serves
the county
on behalf of the victim, to the clerk of courts, or to
another agency
designated by the court, except that it may include
a requirement
that reimbursement be made to third parties for
amounts paid to
or on behalf of the victim or any survivor of the
victim for economic
loss resulting from the offense. If
reimbursement to third parties is
required, the reimbursement
shall be made to any governmental
agency to repay any amounts paid
by the agency to or on behalf of the
victim or
any survivor of the
victim for economic loss resulting from the
offense before any
reimbursement is made to any person other than
a governmental
agency. If no governmental agency incurred
expenses for economic
loss of the victim or any survivor of the
victim resulting from
the offense, the reimbursement shall be
made to any person other
than a governmental agency to repay
amounts paid by that person to
or on behalf of the victim or any
survivor of the
victim for
economic loss of the victim resulting from the
offense. The court
shall not require an offender to repay an insurance
company for
any amounts the company paid on behalf of the offender pursuant to
a policy of insurance. At sentencing, the court shall determine
the amount of
restitution to be made by the offender. All
restitution payments
shall be credited against any recovery of
economic loss in a
civil action brought by the victim or any
survivor of the victim
against the offender.
(2) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision, or as described in division (B)(2)
of this
section to one or more law enforcement agencies, with the
amount
of the fine based on a standard percentage of the
offender's daily
income over a period of time determined by the
court and based
upon the seriousness of the offense. A fine
ordered under this
division shall not exceed the statutory fine
amount authorized for
the level of the offense under division
(A)(3) of this section.
(3) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision when appropriate for a felony, or as
described in division (B)(2) of this section to one or
more law
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more
than twenty
thousand dollars;
(b) For a felony of the second degree, not more
than fifteen
thousand dollars;
(c) For a felony of the third degree, not more
than ten
thousand dollars;
(d) For a felony of the fourth degree, not more
than five
thousand dollars;
(e) For a felony of the fifth degree, not more
than two
thousand five hundred dollars.
(4)(a) Subject to division
(A)(4)(b) of this section,
reimbursement by the
offender of any or
all of the costs of
sanctions incurred by the government,
including the following:
(i) All or part of the costs of implementing
any community
control sanction;
(ii) All or part of the costs of confinement
under a
sanction imposed pursuant to section 2929.14 or 2929.16
of the
Revised Code, provided that the amount of
reimbursement ordered
under this division shall not exceed
the total amount of
reimbursement the
offender is able to pay as determined at a
hearing and shall not exceed the
actual cost of the confinement;
(b) If the offender is sentenced to a sanction of
confinement pursuant to
section 2929.14 or 2929.16 of the Revised
Code that is to be served in a facility
operated by a board of
county commissioners, a legislative authority of a
municipal
corporation, or another local governmental entity, one of the
following applies:
(i) If, pursuant to section 307.93, 341.14, 341.19, 341.23,
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code,
the
board, legislative authority, or other local governmental
entity requires
prisoners convicted of an offense other than a
minor misdemeanor to reimburse
the county, municipal corporation,
or other entity for its expenses incurred
by reason of the
prisoner's confinement, the court shall impose a financial
sanction under division (A)(4)(a) of this section that requires
the offender
to reimburse the county, municipal corporation, or
other local governmental
entity for the cost of the confinement.
In addition, the
court may impose any other financial sanction
under this section.
(ii) If, pursuant to any section identified in division
(A)(4)(b)(i)
of this section, the board, legislative authority, or
other local governmental
entity has adopted
a resolution or
ordinance specifying that prisoners convicted of felonies are
not
required to reimburse the county, municipal corporation, or other
local
governmental entity
for its expenses incurred by reason of
the prisoner's confinement, the court
shall not impose a financial
sanction under division (A)(4)(a) of this section
that requires
the offender to reimburse the county, municipal corporation, or
other local governmental entity for the cost of the confinement,
but the court
may impose any
other financial sanction under this
section.
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) of
this section
applies, the court may impose, but is not required to
impose, any financial
sanction under this section.
(c) Reimbursement by the offender for costs
pursuant to
section 2929.28 of the Revised Code.
(B)(1) For a first, second, or third degree
felony violation
of any provision of Chapter 2925.,
3719., or 4729. of the Revised
Code, the
sentencing court shall impose upon the offender a
mandatory fine
of at least one-half of, but not more than, the
maximum statutory
fine amount authorized for the level of the
offense pursuant to
division (A)(3) of this section. If an
offender alleges in an affidavit filed
with the court prior
to
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an
indigent person and is unable to pay the mandatory fine described
in this
division, the court shall not impose the mandatory fine
upon the offender.
(2) Any mandatory fine imposed upon an offender under
division (B)(1) of this section and any fine imposed upon
an
offender under division (A)(2) or (3) of this section
for any
fourth or fifth degree felony violation of any provision
of
Chapter 2925., 3719., or 4729. of the Revised
Code shall be paid
to law enforcement agencies pursuant
to division (F) of section
2925.03 of the Revised
Code.
(3) For a fourth degree felony
OMVI
OVI offense and for a
third
degree felony
OMVI
OVI offense, the sentencing
court shall
impose upon
the offender a mandatory fine
in the amount specified
in division
(A)(4)
(G)(1)(d) or
(8)(e) of section
4511.99
4511.19
of the Revised
Code, whichever is applicable. The mandatory fine
so imposed shall be
disbursed as provided in
the division
(A)(4)
or (8) of
section
4511.99 of the Revised
Code
pursuant to which it
is imposed.
(4) Notwithstanding any fine
otherwise authorized or
required to be imposed under division
(A)(2) or (3) or (B)(1) of
this section or section 2929.31
of the Revised Code for a
violation of section 2925.03 of the Revised Code, in
addition to
any
penalty or sanction imposed for that offense under section
2925.03 or sections 2929.11 to 2929.18 of the
Revised Code and in
addition to the
forfeiture of property in connection with the
offense as
prescribed in sections 2925.42 to 2925.45 of the
Revised Code, the court that sentences
an offender for a violation
of section 2925.03 of
the Revised Code may impose upon the
offender a fine in addition to any fine imposed under division
(A)(2) or (3) of this section
and in addition to any mandatory
fine imposed under division
(B)(1) of this section. The fine
imposed under division
(B)(4) of this section shall be used as
provided in division
(H) of section 2925.03 of the Revised Code.
A
fine
imposed under division (B)(4) of this section shall not
exceed
whichever of the following is applicable:
(a) The total value of any personal
or real property in
which the offender has an interest and that
was used in the course
of, intended for use in the course of,
derived from, or realized
through conduct in violation of
section 2925.03 of the Revised
Code, including any
property that constitutes proceeds derived
from that offense;
(b) If the offender has no interest
in any property of the
type described in division
(B)(4)(a) of this section or if it is
not possible to
ascertain whether
the offender has an interest in
any property of that type in
which the offender may have an
interest, the amount of the
mandatory fine for the offense imposed
under division
(B)(1) of this section or, if no mandatory fine is
imposed under
division (B)(1) of this section, the amount of the
fine authorized
for the level of the offense
imposed under
division (A)(3) of this section.
(5) Prior to imposing a fine under division
(B)(4) of this
section, the
court shall determine whether the offender has an
interest in
any property of the type described in division
(B)(4)(a) of this section. Except as provided in
division (B)(6)
or (7) of this section,
a fine that is authorized and imposed
under division
(B)(4) of this section does not
limit or affect the
imposition of the penalties and sanctions
for a violation of
section 2925.03 of the Revised Code
prescribed under
those
sections
or sections 2929.11 to 2929.18 of the
Revised Code and
does not limit or
affect a forfeiture of property in connection
with the offense
as prescribed in sections 2925.42 to 2925.45 of
the
Revised Code.
(6) If the sum total of a mandatory fine amount imposed
for
a first, second, or third degree felony violation of section
2925.03
of the Revised Code under division
(B)(1) of this section
plus the
amount of any fine imposed under division
(B)(4) of this
section does not
exceed the maximum statutory fine amount
authorized for the
level of the offense under division (A)(3) of
this section or
section 2929.31 of the Revised Code, the court may
impose a
fine for the offense in addition to the mandatory fine
and the
fine imposed under division (B)(4) of this section. The
sum total of the amounts of the mandatory fine, the fine imposed
under division (B)(4) of this
section, and the additional fine
imposed under division
(B)(6) of this section shall
not exceed the
maximum statutory fine amount authorized for the
level of the
offense under division (A)(3) of this section or
section 2929.31
of the Revised Code. The clerk of the court
shall pay any fine
that is imposed under division
(B)(6) of this section to the
county, township, municipal
corporation, park district as
created
pursuant to section 511.18 or 1545.04 of the
Revised Code, or
state law enforcement
agencies in this state that primarily were
responsible for or
involved in making the arrest of, and in
prosecuting, the
offender pursuant to division (F) of section
2925.03 of the
Revised Code.
(7) If the sum total of the amount of a mandatory fine
imposed for a first, second, or third degree felony violation of
section 2925.03 of the Revised Code plus the amount of any
fine
imposed under division (B)(4) of this section exceeds
the maximum
statutory fine amount authorized for the level of
the offense
under division (A)(3) of this section or
section 2929.31 of the
Revised Code, the court shall not
impose a fine under division
(B)(6) of this section.
(C)(1) The offender shall pay reimbursements
imposed upon
the offender pursuant to division
(A)(4)(a) of this
section to pay
the costs incurred by the department of rehabilitation and
correction in operating a
prison or other facility used to confine
offenders pursuant to sanctions
imposed under section 2929.14 or
2929.16 of the Revised
Code to the treasurer of state. The
treasurer of state
shall deposit the reimbursements in the
confinement cost
reimbursement fund that is hereby created in the
state
treasury. The department of rehabilitation and correction
shall
use the amounts deposited in the fund to fund the operation
of
facilities used to confine offenders pursuant to sections
2929.14
and 2929.16 of the Revised Code.
(2) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed upon the
offender pursuant to division
(A)(4)(a) of this
section to pay the
costs incurred by a county pursuant to any
sanction imposed under
this section or section 2929.16 or 2929.17
of the Revised Code or
in operating a facility
used to confine offenders pursuant to a
sanction imposed under
section 2929.16 of the Revised Code to the
county
treasurer. The county treasurer shall deposit the
reimbursements in the sanction cost reimbursement fund that each
board of county commissioners shall create in its county
treasury.
The county shall use the amounts deposited in the fund
to pay the
costs incurred by the county pursuant to any sanction
imposed
under this section or section 2929.16 or 2929.17 of the
Revised
Code or in operating a facility used to
confine offenders pursuant
to a sanction imposed under section
2929.16 of the Revised Code.
(3) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed upon the
offender pursuant to division
(A)(4)(a) of this
section to pay the
costs incurred by a municipal corporation
pursuant to any sanction
imposed under this section or section
2929.16 or 2929.17 of the
Revised Code or in
operating a facility used to confine offenders
pursuant to a
sanction imposed under section 2929.16 of the
Revised
Code to the treasurer of the municipal
corporation. The
treasurer shall deposit the reimbursements
in a special fund that
shall be established in the
treasury of each municipal
corporation. The municipal
corporation shall use the amounts
deposited in the fund to pay
the costs incurred by the municipal
corporation pursuant to any
sanction imposed under this section or
section 2929.16 or 2929.17
of the Revised Code or in operating a
facility
used to confine offenders pursuant to a sanction imposed
under
section 2929.16 of the Revised Code.
(4) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed pursuant to
division
(A)(4)(a) of this section for the costs incurred by a
private provider pursuant to a sanction imposed under this section
or section
2929.16 or 2929.17 of the Revised Code to the provider.
(D) A financial sanction imposed pursuant to division (A) or
(B) of this section is a judgment in favor of the state or a
political subdivision in which the court that imposed the
financial
sanction is located, except that a financial sanction of
reimbursement imposed pursuant to division
(A)(4)(a)(ii) of this
section upon an
offender who is incarcerated in a state facility
or a municipal
jail is a judgment in favor of the state or the
municipal
corporation, a financial sanction of reimbursement
imposed upon an
offender pursuant to this section for costs
incurred by a private provider of
sanctions is a judgment in favor
of the private provider, and a
financial sanction of restitution
imposed
pursuant to this section is a judgment in favor of the
victim of
the offender's criminal act. The offender subject to
the sanction is the
judgment debtor. Imposition of a financial
sanction and execution on the
judgment does not preclude any other
power of the court to impose or enforce
sanctions on the offender.
Once the financial sanction is
imposed as a judgment, the victim,
private provider, state, or
political subdivision may bring an
action to do any of the following:
(1) Obtain execution of the judgment through any
available
procedure, including:
(a) An execution against the property of the
judgment debtor
under Chapter 2329. of the
Revised Code;
(b) An execution against the person of the
judgment debtor
under Chapter 2331. of the
Revised Code;
(c) A proceeding in aid of execution under
Chapter 2333. of
the Revised Code,
including:
(i) A proceeding for the examination of the
judgment debtor
under sections 2333.09 to 2333.12 and sections
2333.15 to 2333.27
of the Revised Code;
(ii) A proceeding for attachment of the person
of the
judgment debtor under section 2333.28 of the
Revised Code;
(iii) A creditor's suit under section 2333.01
of the Revised
Code.
(d) The attachment of the property of the
judgment debtor
under Chapter 2715. of the
Revised Code;
(e) The garnishment of the property of the
judgment debtor
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the
judgment debtor under section 1321.33 of the Revised
Code.
(E) A court that imposes a financial sanction upon an
offender may hold a
hearing if necessary to determine whether the
offender is able to pay the
sanction or is likely in the future to
be able to pay it.
(F) Each court imposing a financial sanction
upon an
offender under this section or under section 2929.25 of the
Revised
Code may designate a court
employee to collect, or may
enter into contracts with one or more
public agencies or private
vendors for the collection of, amounts
due under the financial
sanction imposed pursuant to this
section or section 2929.25 of
the Revised Code. Before entering into a
contract for the
collection of
amounts due from an offender pursuant to any
financial sanction imposed
pursuant to this section or section
2929.25 of the Revised Code,
a court shall comply with sections
307.86 to 307.92 of the
Revised Code.
(G) If a court that imposes a financial
sanction under
division (A) or (B) of this section
finds that an offender
satisfactorily
has completed all other sanctions imposed upon the
offender and that all
restitution that has been ordered has been
paid as ordered, the
court may suspend any financial sanctions
imposed pursuant to this section
or section 2929.25 of the Revised
Code that have not been
paid.
(H) No financial sanction imposed under this
section or
section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender.
Sec. 2929.19. (A)(1) The court shall hold a sentencing
hearing
before imposing a sentence
under this chapter upon an
offender who was convicted of or
pleaded guilty to a felony and
before resentencing an offender
who was convicted of or pleaded
guilty to a felony and whose case
was remanded pursuant to section
2953.07 or 2953.08 of the Revised
Code. At the hearing, the
offender, the prosecuting attorney, the victim or
the victim's
representative in accordance with section 2930.14 of
the Revised
Code, and, with the approval of the
court, any other person may
present information relevant to the
imposition of sentence in the
case. The court shall inform the
offender of the verdict of the
jury or finding of the court and
ask the offender whether the
offender has anything to say as to why
sentence should not be
imposed upon the offender.
(2) Except as otherwise provided in this division, before
imposing sentence on an offender who is being
sentenced for a
sexually oriented offense that was committed on or after
January
1, 1997,
and that is not a sexually violent offense,
and before
imposing sentence on an offender who is being sentenced for a
sexually violent offense committed on or after January 1,
1997,
and who was not
charged with a sexually violent
predator
specification in the indictment, count in the indictment, or
information charging the sexually violent offense, the court shall
conduct a
hearing in accordance with division (B)
of section
2950.09 of the Revised Code to
determine whether the offender is a
sexual predator. The court shall not
conduct a hearing under that
division if the offender is being sentenced for a
sexually violent
offense and a sexually violent predator specification was
included
in the
indictment, count in the indictment, or information
charging the
sexually violent offense. Before imposing sentence
on an
offender who is being sentenced for a sexually oriented
offense,
the court also shall comply with division (E) of section
2950.09 of
the Revised Code.
(B)(1) At the sentencing hearing, the court,
before imposing
sentence, shall consider the record,
any information presented at
the hearing by any person pursuant
to division (A) of this
section, and, if one was
prepared, the presentence investigation
report made pursuant to
section 2951.03 of the Revised Code or
Criminal Rule 32.2, and any victim impact
statement made pursuant
to section 2947.051 of the
Revised Code.
(2) The court shall impose a sentence and shall make a
finding that gives its reasons for selecting the sentence
imposed
in any of the following circumstances:
(a) Unless the offense is a sexually violent offense for
which
the court is required to impose sentence pursuant to
division (G) of
section 2929.14 of the Revised Code, if it imposes
a prison term for a felony
of the fourth or fifth degree or for a
felony drug
offense that is a violation of a provision of
Chapter
2925. of the Revised Code and that is specified as
being subject
to division (B)
of section 2929.13 of the Revised Code for
purposes of
sentencing, its reasons for imposing the prison term,
based upon the overriding purposes and principles of felony
sentencing set
forth in section 2929.11 of the Revised Code, and
any factors
listed in divisions (B)(1)(a) to (i) of section
2929.13 of
the Revised
Code that it found to apply relative to the
offender.
(b) If it does not impose a
prison term for a felony of the
first or second degree or for
a felony drug offense that is a
violation of a
provision of Chapter 2925. of
the Revised Code and
for which a
presumption in favor of a prison term is specified as
being
applicable, its reasons for not imposing the prison term and
for
overriding the presumption, based upon the overriding purposes
and principles of felony sentencing set forth in section 2929.11
of the Revised Code, and the basis of the findings it made under
divisions (D)(1) and (2) of
section 2929.13 of the Revised Code.
(c) If it imposes consecutive sentences under
section
2929.14 of the Revised Code, its reasons for imposing
the
consecutive sentences;
(d) If the sentence is for one offense and it imposes a
prison term for the
offense that is the maximum prison term
allowed for that offense by division
(A) of section 2929.14 of the
Revised Code, its reasons for imposing the
maximum prison term;
(e) If the sentence is for two or more offenses arising out
of a single
incident and it imposes a prison term for those
offenses that is the maximum
prison term allowed for the offense
of the highest degree by division (A) of
section 2929.14 of the
Revised Code, its reasons for imposing the maximum
prison term.
(3) Subject to division (B)(4) of
this section, if the
sentencing court determines at the
sentencing hearing that a
prison term is necessary or required,
the court shall do all of
the following:
(a) Impose a stated prison term;
(b) Notify the offender that, as part of the sentence,
the
parole board may extend the stated prison term for certain
violations of
prison rules for up to
one-half of the stated prison
term;
(c) Notify the offender that the offender will be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if
the
offender is
being sentenced for a
felony of
the first degree or second
degree, for a felony
sex offense, or
for a felony of the third degree in the commission of which
the
offender caused or threatened to cause physical harm to a person;
(d) Notify the offender that the offender may be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if
the
offender is being sentenced for a
felony of
the third, fourth, or fifth degree that is not subject to
division
(B)(3)(c) of this section;
(e) Notify the offender that, if a
period of supervision is
imposed following
the
offender's release from prison, as described
in division
(B)(3)(c) or (d) of this
section, and if the offender
violates that supervision or a condition of
post-release control
imposed under division (B) of section 2967.131 of the
Revised
Code, the parole board may
impose a prison
term, as part of the
sentence, of up to one-half of the stated
prison term originally
imposed
upon the offender;
(f) Require that the offender not ingest or be injected with
a drug of abuse
and submit to random drug testing as provided in
section 341.26, 753.33, or
5120.63 of the Revised Code, whichever
is applicable to the offender who is
serving a prison term, and
require that the results of the drug test
administered under any
of those sections indicate that the offender did not
ingest or was
not injected with a drug of abuse.
(4) If the offender is being sentenced for a sexually
violent offense
that the offender committed on or after January 1,
1997,
and the offender also is convicted of or pleads guilty to a
sexually
violent predator specification that was included in the
indictment, count in
the indictment, or information charging the
sexually violent offense or if the
offender is being sentenced for
a sexually oriented offense that the offender
committed on or
after
January 1, 1997, and the court
imposing the sentence has
determined pursuant to division (B) of
section 2950.09 of
the
Revised Code that the offender is a sexual predator, the
court
shall include in the offender's sentence a statement that
the
offender has been adjudicated as being a sexual predator and shall
comply with the requirements of section 2950.03 of the Revised
Code. Additionally, in the circumstances described in division
(G) of section 2929.14 of the Revised Code, the court shall impose
sentence on
the offender as described in that division.
(5) If the sentencing court determines at the
sentencing
hearing that a community control sanction should be
imposed and
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction.
The
court shall notify the offender that, if the conditions of the
sanction are violated, if
the offender commits a violation of any
law, or if the offender leaves this
state without the permission
of the court or the offender's probation
officer, the court
may
impose a longer time under
the same sanction, may impose a more
restrictive sanction, or may
impose a prison term on the offender
and shall indicate the
specific prison term that may be imposed as
a sanction for the
violation, as selected by the court from the
range of prison
terms for the offense pursuant to section 2929.14
of the
Revised Code.
(6) Before imposing a financial sanction under section
2929.18 of the Revised Code or a fine under section 2929.25 of the
Revised
Code, the court shall consider the offender's present and
future ability to
pay the amount of the sanction or fine.
(C)(1) If the offender is being sentenced for a fourth
degree felony
OMVI
OVI offense under division (G)(1) of
section
2929.13 of the Revised Code, the court shall impose the mandatory
term
of local
incarceration in accordance with that division,
shall impose a mandatory fine
in accordance with division (B)(3)
of section 2929.18 of the Revised Code,
and, in addition, may
impose additional sanctions as specified in sections
2929.15,
2929.16, 2929.17, and 2929.18 of the Revised Code. The court
shall
not impose a prison term on the offender.
(2) If the offender is being sentenced for a third or fourth
degree felony
OMVI
OVI offense under division (G)(2) of
section
2929.13 of the Revised Code, the court shall impose the mandatory
prison term in accordance with that
division, shall impose a
mandatory fine in accordance with division (B)(3) of
section
2929.18 of the Revised Code, and, in addition, may impose an
additional prison term as specified in section 2929.14 of the
Revised Code.
The court shall not impose any community control
sanction on the offender.
(D) If the sentencing court determines at the sentencing
hearing
that an offender is eligible for placement in a program of
shock incarceration
under section 5120.031 of the Revised Code or
in an intensive program prison
under section
5120.032 of the
Revised Code, the court, pursuant to division (K) of
section
2929.14 of the Revised Code, may recommend placement of the
offender in a program of
shock incarceration or an intensive
program prison, disapprove placement of
the offender in a program
or prison of that nature, or make no recommendation.
The court
shall make a finding that gives its reasons for its recommendation
or disapproval.
Sec. 2929.23. (A) As used in this section:
(1) "Electronic monitoring device" means any of the
following:
(a) Any device that can be operated by electrical or
battery
power and that conforms with all of the following:
(i) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of
the
type described in division (A)(1)(a)(ii) of this section if
the
transmitter is removed from the person, turned off, or
altered in
any manner without prior court approval in relation to
electronically monitored house arrest or electronically monitored
house detention or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic
monitoring device for
an inmate on transitional control
or otherwise is tampered with, that can
transmit continuously and
periodically a signal to that receiver
when the person is within a
specified distance from the receiver,
and that can transmit an
appropriate signal to that receiver if
the person to whom it is
attached travels a specified distance
from that receiver.
(ii) The device has a receiver that can receive
continuously
the signals transmitted by a transmitter of the type
described in
division (A)(1)(a)(i) of this section, can transmit
continuously
those signals by telephone to a central monitoring
computer of the
type described in division (A)(1)(a)(iii) of this
section, and can
transmit continuously an appropriate signal to
that central
monitoring computer if the receiver is turned off or
altered
without prior court approval or otherwise tampered with.
(iii) The device has a central monitoring computer that
can
receive continuously the signals transmitted by telephone by
a
receiver of the type described in division (A)(1)(a)(ii) of
this
section and can monitor continuously the person to whom an
electronic monitoring device of the type described in division
(A)(1)(a) of this section is attached.
(b) Any device that is not a device of the type described
in
division (A)(1)(a) of this section and that conforms with all
of
the following:
(i) The device includes a transmitter and receiver that
can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means;
(ii) The device includes a transmitter and receiver that
can
determine at any time, or at a designated point in time,
through
the use of a central monitoring computer or other
electronic means
the fact that the transmitter is turned off or
altered in any
manner without prior approval of the court in
relation to
electronically monitored house arrest or
electronically monitored
house detention or without prior
approval of the department of
rehabilitation and correction in
relation to the use of an
electronic monitoring device for an inmate on transitional control
or
otherwise
is tampered with.
(c) Any type of technology that can adequately track or
determine
the location of a subject person at any time and that is
approved by the
director of rehabilitation and correction,
including, but not limited to, any
satellite technology, voice
tracking system, or retinal scanning system that
is so approved.
(2) "Certified electronic monitoring device" means an
electronic monitoring device that has been certified by the
superintendent of the bureau of criminal identification and
investigation pursuant to division (C)(1) of this section.
(3) "Eligible offender" means a person who has been
convicted of or pleaded guilty to any offense, except that a
person is not an "eligible offender" if any of the
following
apply
in relation to the person, the offense, or the person and
the
offense:
(a) The person is subject to or is serving a term of life
imprisonment.
(b) The person is subject to or is serving a mandatory
prison term imposed
under division (F) of section 2929.13,
division (D) of section 2929.14, or any other section of the
Revised Code,
provided that, after the person has served all of
the mandatory prison terms
so imposed, the person may be an
eligible offender unless excluded by
division (A)(3)(a), (c) or
(d) of this
section.
(c) The offense is a
violation of division
(A) of section
4511.19 of the Revised Code
fourth degree felony OVI offense, and
the offender is sentenced for
that offense pursuant to division
(G)(1) of section 2929.13 of the Revised
Code and is
serving the
mandatory term of local incarceration of sixty or one hundred
twenty consecutive days of
imprisonment imposed under that
division, provided that, after the person has
served all of the
mandatory term of local incarceration so imposed, the person
may
be an eligible offender unless excluded by division
(A)(3)(a),
(b), or (d) of this
section.
(d) The offense is a
violation of division
(A) of section
4511.19 of the Revised Code
third or fourth degree felony OVI
offense, and the person is sentenced for
that offense pursuant to
division
(G)(2) of section 2929.13 of the Revised
Code.
(4) "Electronically monitored house arrest" means a period
of confinement of an eligible offender in the eligible
offender's
home or in other
premises specified by the sentencing court or a
period of confinement of a
delinquent child in the child's home or
in other premises specified by the
juvenile court, during which
period
of confinement all of the following apply:
(a) The eligible offender or child wears, otherwise has
attached to
the eligible offender's or child's person, or
otherwise is subject to
monitoring by a certified
electronic
monitoring device, or the eligible offender or child is
subject to
monitoring by a
certified electronic monitoring system;
(b) The eligible offender or child is required to remain in
the
eligible
offender's or child's home or other premises
specified by the
sentencing court or juvenile court for the
specified period of confinement, except for periods of time
during
which the eligible offender or child is at
the eligible offender's
place of employment, at school,
or
at other
premises as authorized
by the sentencing court;
(c) The eligible offender or child is subject to monitoring
by a
central system that monitors the certified electronic
monitoring
device that is attached to the eligible offender's or
child's person or
that otherwise is being
used to monitor the
eligible offender or child and that can monitor
and determine the
eligible offender's or child's
location at any time or at a
designated point in time, or the
eligible offender or child is
required to participate in monitoring by a certified electronic
monitoring system;
(d) The eligible offender or child is required by the
sentencing
court or juvenile court to report periodically to a
person designated
by the court;
(e) The eligible offender or child is subject to any other
restrictions and requirements that may be imposed by the
sentencing court or juvenile court.
(5) "Electronic monitoring system" means a system by which
the location of an eligible offender can be verified
telephonically through the use of voice-activated voice response
technology that conforms with all of the following:
(a) It can be programmed to call the telephone or
telephones
assigned to the eligible offender who is the
subject of the
monitoring as often as necessary;
(b) It is equipped with a voice recognition system that
can
work accurately and reliably under the anticipated conditions
in
which it will operate;
(c) It is equipped to perform an alarm function if the
eligible offender who is the subject of monitoring does
not
respond to
system commands in the manner required.
(6) "Certified electronic monitoring system" means an
electronic monitoring system that has been certified by the
superintendent of the bureau of criminal identification and
investigation pursuant to division (C)(1) of this section.
(7) "Transitional
control" means the program of transitional
control established by the
department of rehabilitation and
correction under section 2967.26 of the Revised Code, if the
department establishes a program of that nature under that
section.
(B)(1) Any court may impose as a sanction pursuant to
sections 2929.15 and 2929.17 of the Revised Code a period of
electronically
monitored house arrest upon an eligible offender
who is convicted
of or pleads guilty to a felony, except that the
total of any
period of electronically monitored house arrest
imposed upon that
eligible offender plus the period of all other
sanctions imposed upon the
same eligible offender pursuant to
sections 2929.15, 2929.16,
2929.17, and 2929.18 of the Revised
Code shall not exceed five years. Any
court may impose a period
of electronically
monitored house arrest upon an eligible offender
who is
convicted of or pleads guilty to a misdemeanor in addition
to
or in lieu of any other sentence imposed or authorized for the
offense, except that the total of any period of electronically
monitored house arrest imposed upon that eligible offender plus
the period
of any sentence of imprisonment imposed upon the same
eligible
offender shall not exceed the maximum term of
imprisonment that
could be imposed upon the eligible offender
pursuant to section
2929.21 of the Revised Code and except that,
if the
offense for which an eligible offender is being sentenced
is a
violation of division (A) of section 4511.19 or of division
(D)(2)
(A) of section
4507.02
4510.14 of the Revised Code, the
court may
impose a period of electronically monitored house arrest
upon the
eligible offender only when authorized by and only in the
circumstances described in division
(A)(G) of section
4511.99
4511.19 or
division
(B)(C) of section
4507.99
4510.14 of the
Revised Code.
If a court imposes a period of electronically monitored house
arrest upon an
eligible offender, it shall require the eligible
offender to
wear, otherwise have attached to the eligible
offender's person, or otherwise
be
subject to monitoring by a
certified electronic monitoring device or to
participate in the
operation of and monitoring by a certified electronic monitoring
system; to remain in the eligible offender's home or other
specified premises for the
entire period of electronically
monitored house arrest except
when the court permits the eligible
offender to leave those
premises to go to the eligible offender's
place of employment or to other specified premises; to be
monitored by a central system that monitors the certified
electronic monitoring device that is attached to the eligible
offender's person or
that otherwise is being used to monitor the
eligible
offender and that can monitor
and determine the eligible
offender's location at any time
or at a designated point
in time
or to be monitored by the certified electronic monitoring
system;
to report periodically to a person designated by the
court; and,
in return for receiving a period of electronically
monitored house
arrest, to enter into a written contract with the
court agreeing
to comply with all restrictions and requirements
imposed by the
court, agreeing to pay any fee imposed by the
court for the costs
of the electronically monitored house arrest
imposed by the court
pursuant to division (E) of this section,
and agreeing to waive
the right to receive credit for any time
served on electronically
monitored house arrest toward any prison term or
sentence of
imprisonment imposed upon the eligible
offender for the offense
for
which the period of electronically monitored
house arrest was
imposed if the eligible offender violates any of the
restrictions
or requirements of
the period of electronically monitored house
arrest, and
additionally, it may impose any other reasonable
restrictions and
requirements upon the eligible offender.
(2) If an eligible offender violates any of the restrictions
or
requirements imposed upon the eligible offender as part of
the
eligible offender's period of
electronically monitored house
arrest, the eligible offender
shall not receive
credit for any
time served on electronically monitored house
arrest toward any
prison term or sentence of imprisonment imposed upon
the eligible
offender for
the offense for which the period of electronically
monitored
house arrest was imposed.
(C)(1) The superintendent of the bureau of criminal
identification and investigation, in accordance with this section
and rules adopted by the superintendent pursuant to division
(C)(2) of this section, shall certify for use in cases of
electronically
monitored house arrest
and in relation to an inmate
on transitional control specific types and
brands of electronic
monitoring devices and electronic monitoring
systems that comply
with the requirements of this section,
section 5120.073 of the
Revised Code, and those rules. Any
manufacturer that, pursuant to
this division, seeks to obtain the
certification of any type or
brand of electronic monitoring
device or electronic monitoring
system shall submit to the
superintendent an application for
certification in accordance
with those rules together with the
application fee and costs of
certification as required by those
rules. The superintendent
shall not certify any electronic
monitoring device or electronic
monitoring system pursuant to this
division unless the
application fee and costs have been paid to
the superintendent.
(2) The superintendent, in accordance with Chapter 119. of
the Revised Code, shall adopt rules for certifying specific types
and brands of electronic monitoring devices and electronic
monitoring systems for use in electronically monitored house
arrest and
in relation to an inmate on
transitional control. The
rules shall set
forth the requirements for obtaining the
certification, the
application fee and other costs for obtaining
the certification,
the procedure for applying for certification,
and any other
requirements and procedures considered necessary by
the
superintendent. The rules shall require that no type or brand
of
electronic monitoring device or electronic monitoring system be
certified unless the type or brand of device or system complies
with whichever of the following is applicable, in addition to any
other requirements specified by the superintendent:
(a) For electronic monitoring devices of the type
described
in division (A)(1)(a) of this section, the type or
brand of device
complies with all of the following:
(i) It has a transmitter of the type described in division
(A)(1)(a)(i) of this section, a receiver of the type described in
division (A)(1)(a)(ii) of this section, and a central monitoring
computer of the type described in division (A)(1)(a)(iii) of this
section;
(ii) Its transmitter can be worn by or attached to a
person
with a minimum of discomfort during normal activities, is
difficult to remove, turn off, or otherwise alter without prior
court approval in relation to electronically monitored house
arrest or prior
approval of the department of rehabilitation and
correction in
relation to the use of an
electronic monitoring
device for an inmate on transitional control, and
will
transmit a
specified signal to the receiver if it is removed,
turned off,
altered, or otherwise tampered with;
(iii) Its receiver is difficult to turn off or alter and
will transmit a signal to the central monitoring computer if it
is
turned off, altered, or otherwise tampered with;
(iv) Its central monitoring computer is difficult to
circumvent;
(v) Its transmitter, receiver, and central monitoring
computer work accurately and reliably under the anticipated
conditions under which electronically monitored house arrest will
be imposed by
courts or under which an
electronic monitoring
device will
be used by the department of rehabilitation and
correction in relation to
an inmate on transitional control;
(vi) It has a backup battery power supply that operates
automatically when the main source of electrical or battery power
for the device fails.
(b) For electronic monitoring devices of the type
described
in division (A)(1)(b) of this section, the type or
brand of device
complies with all of the following:
(i) It has a transmitter and receiver of the type
described
in divisions (A)(1)(b)(i) and (ii) of this section.
(ii) Its transmitter is difficult to turn off or alter
without prior court approval in relation to electronically
monitored house arrest or without prior approval of the
department of
rehabilitation and correction in relation to the use
of an electronic
monitoring device for
an inmate on transitional
control, and, if the transmitter is turned off
or
altered in any
manner without prior approval of the court or
department or
otherwise is tampered with, the fact that it has
been turned off,
altered, or tampered with can be determined at
any time, or at a
designated point in time, through the use of a
central monitoring
computer or through other electronic means.
(iii) Its receiver is difficult to turn off or alter, and,
if the receiver is turned off, altered, or otherwise tampered
with, the fact that it has been turned off, altered, or tampered
with can be determined at any time, or at a designated point in
time, through the use of a central monitoring computer or through
other electronic means.
(iv) Its central monitoring computer or other means of
electronic monitoring is difficult to circumvent.
(v) Its transmitter, receiver, and central monitoring
computer or other means of electronic monitoring work accurately
and reliably under the anticipated conditions under which
electronically monitored house arrest will be used, or under
which an electronic monitoring
device will
be used by the
department of rehabilitation and correction in relation to
an
inmate on transitional control.
(vi) If it operates on electrical or battery power, it has
a
backup battery power supply that operates automatically when
the
main source of electrical or battery power for the device
fails,
or, if it does not operate on electrical or battery power,
it has
a backup method of operation so that it will continue to
operate
if its main method of operation fails.
(c) For electronic monitoring systems, the type or brand
of
system complies with all of the following:
(i) It can be programmed to call the telephone or
telephones
assigned to the person who is the subject of the
monitoring as
often as necessary;
(ii) It is equipped with a voice recognition system that
can
work accurately and reliably under the anticipated conditions
in
which it will operate;
(iii) It is equipped to perform an alarm function if the
person who is the subject of the monitoring does not respond to
system commands in the manner required.
(3) The superintendent shall publish and make available to
all courts and to the department of rehabilitation and
correction,
without charge, a list of all types and brands of
electronic
monitoring devices and electronic monitoring systems
that have
been certified by the superintendent pursuant to
division (C)(1)
of this section and information about the
manufacturers of the
certified devices and systems and places at
which the devices and
systems can be obtained.
(D) The superintendent of the bureau of criminal
identification and investigation shall deposit all costs and fees
collected pursuant to division (C) of this section into
the
general revenue fund.
(E)(1) Each county in which is located a court that
imposes
a period of electronically monitored house arrest as a sentencing
sanction or
alternative
may establish in the county treasury an
electronically monitored
house arrest fund. The clerk of each
court that
uses that sentencing sanction or alternative may
deposit into the
fund all fees
collected from eligible offenders
upon whom electronically
monitored house arrest is imposed
pursuant to this
section, section 2152.19, or any other section
of the
Revised
Code that specifically authorizes the imposition of
electronically monitored house arrest. Each court
that imposes
electronically monitored house arrest may adopt by local court
rule a reasonable daily fee to be paid
by each eligible offender
upon whom a period of electronically monitored
house arrest is
imposed as a sentencing sanction or
alternative.
The fee may
include the
actual costs of providing house arrest and an
additional
amount
necessary to enable the court to provide
electronically monitored
house arrest to indigent eligible
offenders. The
fund may be used only for the payment of the costs
of
electronically monitored house arrest, including,
but not
limited to, the costs of electronically monitored house
arrest
for
indigent eligible offenders.
(2) If a fee is adopted pursuant to division (E)(1) of
this
section, it shall be in addition to any fine specifically
authorized or required by any other section of the Revised Code
for an eligible offender upon whom a period of electronically
monitored
house arrest is imposed as a sentencing sanction or
alternative.
Sec. 2929.41. (A) Except as provided in division (B) of
this section, division (E) of section 2929.14, or division (D) or
(E) of
section 2971.03 of the Revised Code, a sentence of
imprisonment shall be
served concurrently with any other sentence
of imprisonment imposed by a
court of this state, another state,
or the United States. Except as provided
in division (B)(2)(3)
of
this section, a sentence of imprisonment for misdemeanor
shall be
served concurrently with a prison term or sentence of imprisonment
for felony served in
a state or federal correctional institution.
(B)(1) A sentence of imprisonment for a misdemeanor shall be
served
consecutively to any other sentence of imprisonment when
the trial court
specifies that it is to be
served consecutively or
when it is imposed for a misdemeanor violation of
section
2907.322, 2921.34, or 2923.131
of the Revised Code.
When consecutive sentences of imprisonment are
imposed for
misdemeanor under this division, the term to be served is the
aggregate
of the consecutive terms imposed, except that the
aggregate term
to be served shall not exceed eighteen months.
(3)(2) If a court of this state imposes a prison term upon
the
offender for the commission of a felony and a court of another
state or the
United States also has imposed a prison term upon the
offender for the commission of a felony, the court of this state
may order
that the offender serve the prison term it imposes
consecutively to any prison
term imposed upon the offender by the
court of another state or the
United States.
(2)(3) A sentence of imprisonment imposed for a misdemeanor
violation of section
4510.11, 4510.14, 4510.16, 4510.21,
or
4511.19
or division (B)(1), (C),
(D)(1), or
(D)(2) of section
4507.02 of the Revised Code
shall be served consecutively to a
prison term that is imposed for
a felony violation of section
2903.06, 2903.07, 2903.08, or
4511.19 of the Revised Code or a
felony violation of section 2903.04 of the
Revised Code involving
the
operation of a motor vehicle by the offender and that is
served in a state
correctional institution when the trial court
specifies that it is to be
served consecutively.
When consecutive sentences of imprisonment and prison terms
are
imposed for one or more misdemeanors and one or more felonies
under this
division, the term to be served is the aggregate of the
consecutive terms imposed, and the offender shall serve all terms
imposed for a felony before serving any term imposed for a
misdemeanor.
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,
deputy marshal, municipal police officer, township constable,
police officer of a township or joint township police district,
member of a police force employed by a metropolitan housing
authority under division (D) of section 3735.31 of the Revised
Code, member of a police force employed by a regional transit
authority
under division (Y) of section 306.35 of the Revised
Code, state university law enforcement officer appointed
under
section 3345.04 of the Revised Code, Ohio veterans' home
police
officer appointed under section 5907.02 of the Revised Code,
or
special police officer employed by a port authority under section
4582.04 or 4582.28 of the Revised Code shall
arrest and detain,
until a warrant can be obtained, a
person found violating, within
the limits of the political
subdivision, metropolitan housing
authority housing project, regional
transit authority facilities
or areas of a municipal corporation that
have been agreed to by a
regional transit authority and a municipal
corporation located
within its territorial
jurisdiction, college,
university, Ohio
veterans' home, or port authority in
which the peace
officer is
appointed, employed, or elected, a law of this state,
an ordinance
of a municipal corporation, or a resolution of a
township.
(2) A peace officer
of the department of natural resources
or an individual
designated to perform law enforcement duties
under section
511.232, 1545.13, or 6101.75 of the Revised
Code
shall arrest and detain,
until a warrant can be obtained, a person
found violating,
within the limits of the peace officer's or
individual's
territorial jurisdiction, a law of this state.
(3) The house sergeant at arms if the house sergeant at arms
has
arrest authority pursuant to division (E)(1) of section
101.311 of the Revised Code
and an assistant house sergeant at
arms shall arrest and detain, until a
warrant can be obtained, a
person found violating, within the limits of the
sergeant at
arm's
arms's or assistant sergeant at
arm's
arms's territorial
jurisdiction
specified in division (D)(1)(a) of section 101.311
of
the Revised Code or
while providing security pursuant to division
(D)(1)(f)
of section 101.311 of the Revised Code, a
law of this
state, an ordinance of a municipal corporation, or a resolution of
a township.
(B)(1) When there is reasonable ground to believe that an
offense of violence, the offense of criminal child enticement as
defined in section 2905.05 of the Revised Code, the offense of
public indecency as defined in section 2907.09 of the Revised
Code, the offense of domestic violence as defined in section
2919.25 of the Revised Code, the offense of violating a protection
order as
defined in section 2919.27 of the Revised Code, the
offense of menacing by stalking
as defined in section 2903.211 of
the Revised Code, the offense
of aggravated trespass as defined in
section 2911.211 of the
Revised Code, a theft offense as defined
in section 2913.01 of
the Revised Code, or a felony drug abuse
offense as defined in
section 2925.01 of the Revised Code, has
been committed within
the limits of the political subdivision,
metropolitan housing
authority housing project,
regional
transit
authority facilities or those areas of a municipal corporation
that have
been agreed to by a regional transit authority and a
municipal corporation
located within its territorial jurisdiction,
college, university,
Ohio veterans' home, or port authority in
which the peace
officer is appointed, employed, or
elected or
within the limits of the territorial jurisdiction of the peace
officer, a peace officer described in division
(A) of this section
may arrest and detain until a
warrant can be obtained any person
who the peace officer
has reasonable cause to believe is guilty of
the violation.
(2) For purposes of division (B)(1) of this section, the
execution of any of the following constitutes reasonable ground
to
believe that the offense alleged in the statement was
committed
and reasonable cause to believe that the person alleged
in the
statement to have committed the offense is guilty of the
violation:
(a) A written statement by a person alleging that an
alleged
offender has committed the offense of menacing by
stalking or
aggravated trespass;
(b) A written statement by the administrator of the
interstate compact on mental health appointed under section
5119.51 of the Revised Code alleging that a person who had been
hospitalized, institutionalized, or confined in any facility
under
an order made pursuant to or under authority of section
2945.37,
2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or 2945.402 of the
Revised
Code has escaped from the facility, from confinement in a
vehicle
for transportation to or from the facility, or from
supervision
by an employee of the facility that is incidental to
hospitalization, institutionalization, or confinement in the
facility and that occurs outside of the facility, in violation of
section 2921.34 of the Revised Code;
(c) A written statement by the
administrator of any facility
in which a person has been
hospitalized, institutionalized, or
confined under an order made
pursuant to or under authority of
section 2945.37, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised Code alleging that
the person has escaped
from the facility, from confinement in a
vehicle for
transportation to or from the facility, or from
supervision by an
employee of the facility that is incidental to
hospitalization,
institutionalization, or confinement in the
facility and that
occurs outside of the facility, in violation of
section 2921.34 of
the Revised Code.
(3)(a) For purposes of division (B)(1)
of this section, a
peace officer described in division
(A) of this section has
reasonable grounds to believe that the offense of domestic
violence or the offense of violating a protection order has been
committed and
reasonable cause to
believe that a particular person
is guilty of committing the
offense if any of the following
occurs:
(i) A person executes a written statement
alleging that the
person in question has committed the offense of
domestic violence
or the offense of violating a protection order
against the person
who executes the
statement or against a child of the person who
executes the
statement.
(ii) No written statement of the type described
in division
(B)(3)(a)(i) of this
section is executed, but the peace officer,
based upon the peace
officer's own knowledge and observation of
the facts and circumstances of
the alleged incident of the offense
of domestic violence or the
alleged incident of the offense of
violating a protection order
or based upon any other information,
including, but not limited to, any reasonably trustworthy
information given to the peace officer by the alleged victim
of
the alleged incident of the offense or any witness of the alleged
incident
of the offense, concludes that there are reasonable
grounds to
believe that the offense of domestic violence or the
offense of
violating a protection order has been
committed and
reasonable cause to believe that the person in
question is guilty
of committing the offense.
(iii) No written statement of the type
described in division
(B)(3)(a)(i)
of this section is executed, but the peace officer
witnessed
the person in question commit the offense of domestic
violence or
the offense of violating a protection order.
(b) If pursuant to division
(B)(3)(a) of this section a
peace officer has
reasonable grounds to believe that the offense
of domestic
violence or the offense of violating a protection
order has been committed and
reasonable cause to
believe that a
particular person is guilty of committing the
offense, it is the
preferred course of action in this state that
the officer arrest
and detain that person pursuant to division
(B)(1) of this section
until a warrant can be obtained.
If pursuant to division (B)(3)(a)
of this section a peace
officer has reasonable grounds to
believe that the offense of
domestic violence or the offense of
violating a protection order
has been
committed and reasonable cause to believe that family or
household members have committed the offense against each other,
it is the preferred course of action in this state that the
officer, pursuant to division (B)(1) of this section,
arrest and
detain until a warrant can be obtained the family or
household
member who committed the offense and whom the officer
has
reasonable cause to believe is the primary physical
aggressor.
There is no preferred course of action in this state
regarding any
other family or household member who committed the
offense and
whom the officer does not have reasonable cause to
believe is the
primary physical aggressor, but, pursuant to
division (B)(1) of
this section, the peace officer may
arrest and detain until a
warrant can be obtained any other
family or household member who
committed the offense and whom the
officer does not have
reasonable cause to believe is the primary
physical aggressor.
(c) If a peace officer described in division
(A) of this
section does not arrest and detain a
person whom the officer has
reasonable cause to believe committed
the offense of domestic
violence or the offense of violating a
protection order when it is
the preferred
course of action in this state pursuant to division
(B)(3)(b) of this section that the officer
arrest that person, the
officer shall articulate in the
written report of the incident
required by section 2935.032 of the
Revised Code a clear statement
of the officer's reasons for not
arresting and detaining that
person until a warrant can be obtained.
(d) In determining for purposes of division
(B)(3)(b) of
this section which family or
household member is the primary
physical aggressor in a situation
in which family or household
members have committed the offense
of domestic violence or the
offense of violating a protection
order against each other, a
peace officer
described in division (A) of this section, in
addition
to any other relevant circumstances, should consider all
of the
following:
(i) Any history of domestic violence or of any
other violent
acts by either person involved in the alleged
offense that the
officer reasonably can ascertain;
(ii) If violence is alleged, whether the alleged
violence
was caused by
a person acting in self-defense;
(iii) Each person's fear of physical harm, if
any, resulting
from the other person's threatened use of force
against any person
or resulting from the other person's use or
history of the use of
force against any person, and the
reasonableness of that fear;
(iv) The comparative severity of any injuries
suffered by
the persons involved in the alleged offense.
(e)(i) A peace officer described in
division (A) of this
section shall not require, as a
prerequisite to arresting or
charging a person who has committed
the offense of domestic
violence or the offense of violating a
protection order, that the
victim of the
offense specifically consent to the filing of
charges against the
person who has committed the offense or sign a
complaint against
the person who has committed the offense.
(ii) If a person is arrested for or charged
with committing
the offense of domestic violence or the offense
of violating a
protection order and if the
victim of the offense does not
cooperate with the involved law
enforcement or prosecuting
authorities in the prosecution of the
offense or, subsequent to
the arrest or the filing of the
charges, informs the involved law
enforcement or prosecuting
authorities that the victim does not
wish the prosecution of the
offense to continue or wishes to drop
charges against the alleged
offender relative to the offense, the
involved prosecuting
authorities, in determining whether to
continue with the
prosecution of the offense or whether to dismiss
charges against
the alleged offender relative to the offense and
notwithstanding
the victim's failure to cooperate or the victim's
wishes, shall
consider all facts and circumstances that are
relevant to the
offense, including, but not limited to, the
statements and
observations of the peace officers who responded to
the incident
that resulted in the arrest or filing of the charges
and of all
witnesses to that incident.
(f) In determining pursuant to divisions (B)(3)(a) to (g) of
this section
whether to arrest a person pursuant to division
(B)(1) of
this section, a peace officer described in division
(A)
of this section shall not consider as a factor any
possible
shortage of cell space at the detention facility to
which the
person will be taken subsequent to the person's
arrest or any
possibility that the person's arrest might cause, contribute to,
or exacerbate overcrowding at that detention facility or at any
other
detention facility.
(g) If a peace officer described in division (A) of
this
section intends
pursuant to
divisions (B)(3)(a) to (g) of this
section to arrest a person pursuant to
division (B)(1) of this
section and if the officer is
unable to
do so because the person
is not present, the officer promptly shall seek a
warrant for the
arrest of the person.
(h) If a peace officer described in division
(A) of this
section responds to a report of an alleged
incident of the offense
of domestic violence or an alleged
incident of the offense of
violating a
protection order and if the circumstances
of the
incident
involved the use or threatened use of a deadly weapon or
any
person involved in the incident brandished a deadly weapon
during
or in relation to the incident, the deadly weapon that was
used,
threatened to be used, or brandished constitutes contraband,
and,
to the extent possible, the officer shall seize the deadly
weapon
as contraband pursuant to section 2933.43 of the Revised
Code. Upon the seizure of a deadly weapon pursuant to
division
(B)(3)(h) of this section, section
2933.43 of the Revised
Code
shall apply regarding the treatment and disposition
of the deadly
weapon. For purposes of that section, the
"underlying criminal
offense" that was the basis of the
seizure of a deadly weapon
under division (B)(3)(h) of
this section and to which the
deadly
weapon had a relationship is any of the following that is
applicable:
(i) The alleged incident of the offense of
domestic violence
or the alleged incident of the offense of
violating a protection
order to which the
officer who seized the deadly weapon responded;
(ii) Any offense that arose out of the same
facts and
circumstances as the report of the alleged incident of
the offense
of domestic violence or the alleged incident of the
offense of
violating a protection order to
which the officer who seized the
deadly weapon responded.
(4) If, in the circumstances described in divisions
(B)(3)(a) to (g) of
this section, a peace officer described in
division
(A) of this section arrests and detains a person
pursuant
to division (B)(1) of this section, or if,
pursuant to division
(B)(3)(h) of this
section, a peace officer described in division
(A) of
this section seizes a deadly weapon, the officer, to the
extent
described in and in accordance with section 9.86 or 2744.03
of
the Revised Code, is immune in any civil action
for damages for
injury, death, or loss to person or property that
arises from or
is related to the arrest and detention or the
seizure.
(C) When there is reasonable ground to believe that a
violation of division (A)(1),
(B)(2), or
(C)(3) of section 4506.15
or a
violation of section 4511.19 of the Revised Code has been
committed by a person operating a motor vehicle subject to
regulation by the public utilities commission of Ohio under Title
XLIX of the Revised Code, a peace officer with authority to
enforce that provision of law may stop or detain the person whom
the officer has reasonable cause to believe was operating the
motor vehicle in violation of the division or section and, after
investigating the circumstances surrounding the operation of the
vehicle, may arrest and detain the person.
(D) If a sheriff, deputy sheriff, marshal, deputy marshal,
municipal police officer, member of a police force employed by a
metropolitan housing authority under division (D) of section
3735.31 of the Revised Code, member of a police force employed by
a
regional transit authority under division (Y) of section 306.35
of the Revised
Code, special police officer employed by a port
authority under section
4582.04 or 4582.28 of the Revised Code,
township constable, police officer of a
township or joint township
police district, state university
law enforcement officer
appointed under section 3345.04 of the
Revised Code, peace officer
of the department of natural
resources, individual designated to
perform law enforcement duties
under
section 511.232, 1545.13, or
6101.75 of the Revised Code, the house
sergeant at arms if the
house sergeant at arms has arrest authority pursuant
to division
(E)(1) of section 101.311 of the Revised Code, or an assistant
house
sergeant at arms is authorized by
division (A) or
(B) of
this section
to arrest and detain, within the limits of the
political
subdivision, metropolitan housing authority housing
project, regional
transit authority facilities or those areas of a
municipal
corporation that have been agreed to by a regional
transit authority and a
municipal corporation located within its
territorial jurisdiction,
port authority, college, or university
in which the officer is
appointed,
employed, or elected or within
the limits of the territorial jurisdiction
of the peace officer, a
person until a warrant can be obtained, the peace
officer, outside
the limits of that
territory, may pursue, arrest, and detain that
person until a warrant
can be
obtained if all of the following
apply:
(1) The pursuit takes place without unreasonable delay
after
the offense is committed;
(2) The pursuit is initiated within the limits of the
political subdivision, metropolitan housing authority housing
project, regional transit authority facilities or those areas of a
municipal corporation that have been agreed to by a regional
transit authority
and a municipal corporation located within its
territorial
jurisdiction, port authority, college, or university
in which
the peace officer is
appointed, employed, or elected or
within the limits of the
territorial jurisdiction of the peace
officer;
(3) The offense involved is a felony, a misdemeanor of the
first degree or a substantially equivalent municipal ordinance, a
misdemeanor of the second degree or a substantially equivalent
municipal ordinance, or any offense for which points are
chargeable pursuant to
division (G) of section
4507.021
4510.036
of the
Revised Code.
(E) In addition to the authority granted under division
(A)
or (B) of this section:
(1) A sheriff or deputy sheriff may arrest and detain,
until
a warrant can be obtained, any person found violating
section
4503.11, 4503.21, or 4549.01, sections 4549.08 to
4549.12, section
4549.62, or Chapter 4511. or 4513. of the
Revised Code on the
portion of any street or highway that is
located immediately
adjacent to the boundaries of the county in
which the sheriff or
deputy sheriff is elected or appointed.
(2) A member of the police force of a township police
district created under section 505.48 of the Revised Code, a
member of the police force of a joint township police district
created under section 505.481 of the Revised Code, or a
township
constable appointed in accordance with section 509.01 of the
Revised Code, who has received a certificate from the Ohio peace
officer training commission under section 109.75 of the Revised
Code,
may arrest and detain, until a warrant can be obtained, any
person found violating any section or chapter of the Revised Code
listed in division (E)(1) of this section, other than sections
4513.33 and 4513.34 of the Revised Code, on the portion of any
street or highway that is located immediately adjacent to the
boundaries of the township police district or joint township
police district, in the case of a member of a township police
district or joint township police district police force, or the
unincorporated territory of the township, in the case of a
township constable. However, if the population of the township
that created the township police district served by the member's
police force, or the townships that created the joint township
police district served by the member's police force, or the
township that is served by the township constable, is sixty
thousand or less, the member of the township police district or
joint police district police force or the township constable may
not make an arrest under division (E)(2) of this
section on a
state highway that is
included as part of the interstate system.
(3) A police officer or village marshal appointed,
elected,
or employed by a municipal corporation may arrest and
detain,
until a warrant can be obtained, any person found
violating any
section or chapter of the Revised Code listed in
division (E)(1)
of this section on the portion of any street or
highway that is
located immediately adjacent to the boundaries of
the municipal
corporation in which the police officer or village
marshal is
appointed, elected, or employed.
(4) A peace
officer of the department of natural resources
or an individual
designated to perform law enforcement duties
under section
511.232, 1545.13, or 6101.75 of the
Revised Code may
arrest and detain,
until a warrant can be obtained, any person
found violating any
section or chapter of the Revised
Code listed
in division
(E)(1) of this section, other
than sections 4513.33
and 4513.34 of the
Revised
Code, on the portion of any
street or
highway that is located immediately adjacent to the
boundaries of
the lands and waters that constitute the
territorial jurisdiction
of the peace officer.
(F)(1) A department of mental health special police officer
or
a department of mental retardation and developmental
disabilities
special police officer may arrest without a warrant
and detain until a
warrant can be obtained any person found
committing on the
premises of any institution under the
jurisdiction of the
particular department a misdemeanor under a
law of the state.
A department of mental health special police officer or a
department of mental retardation and developmental disabilities
special police officer may arrest without a warrant and detain
until a
warrant can be obtained any person who has been
hospitalized,
institutionalized, or confined in an institution
under the
jurisdiction of the particular department pursuant to or
under
authority of section 2945.37, 2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised
Code and who is
found committing on the
premises of any institution under the
jurisdiction of the
particular department a violation of section
2921.34 of the
Revised Code that involves an escape from the
premises of the
institution.
(2)(a) If a department of mental health special police
officer
or a department of mental retardation and developmental
disabilities special police officer finds any person who has been
hospitalized, institutionalized, or confined in an institution
under the jurisdiction of the particular department pursuant to
or
under authority of section 2945.37, 2945.371, 2945.38,
2945.39,
2945.40, 2945.401, or
2945.402 of the Revised Code committing a
violation of
section 2921.34 of the Revised Code that involves an
escape from
the premises of the institution, or if there is
reasonable ground
to believe that a violation of section 2921.34
of the Revised
Code has been committed that involves an escape
from the premises
of an institution under the jurisdiction of the
department of
mental health or the department of mental
retardation and
developmental disabilities and if a department of
mental health
special police officer or a department of mental
retardation and
developmental disabilities special police officer
has reasonable cause
to believe that a particular person who has
been hospitalized,
institutionalized, or confined in the
institution pursuant to or
under authority of section 2945.37,
2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of
the
Revised Code is guilty of the violation, the
special police
officer, outside of the premises of the institution,
may pursue,
arrest, and detain that person for that violation of
section
2921.34 of the Revised Code, until a warrant can be
obtained, if
both of the following apply:
(i) The pursuit takes place without unreasonable delay
after
the offense is committed;
(ii) The pursuit is initiated within the premises of the
institution from which the violation of section 2921.34 of the
Revised Code occurred.
(b) For purposes of division (F)(2)(a) of this section,
the
execution of a written statement by the administrator of the
institution in which a person had been hospitalized,
institutionalized, or confined pursuant to or under authority of
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or
2945.402 of the
Revised Code alleging that the person has escaped
from the
premises of the institution in violation of section
2921.34 of
the Revised Code constitutes reasonable ground to
believe that the violation was committed and reasonable cause to
believe that the person alleged in the statement to have
committed
the offense is guilty of the violation.
(G) As used in this section:
(1) A "department of mental health special police officer"
means a special police officer of the department of mental health
designated under section 5119.14 of the Revised Code who is
certified by the Ohio peace officer training commission under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(2) A "department of mental retardation and developmental
disabilities special police officer" means a special
police
officer of the
department of mental retardation and developmental
disabilities
designated under section 5123.13 of the Revised Code
who is
certified by the Ohio peace officer training council under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(3) "Deadly weapon" has the same meaning as in section
2923.11 of the Revised
Code.
(4) "Family or household member" has the same meaning as in
section 2919.25
of the Revised Code.
(5) "Street" or "highway" has the same meaning as in
section
4511.01 of the Revised Code.
(6) "Interstate system" has the same meaning as in section
5516.01 of the Revised Code.
(7) "Peace officer of the department of
natural resources"
means an employee of the
department of natural resources who is
a
natural resources law enforcement staff officer designated
pursuant to
section 1501.013, a forest officer designated
pursuant
to section 1503.29, a preserve officer designated
pursuant to
section 1517.10, a wildlife officer designated
pursuant to section
1531.13, a park officer designated pursuant to section
1541.10, or
a state watercraft officer
designated pursuant to section 1547.521
of the
Revised Code.
Sec. 2935.27. (A)(1) If a law enforcement officer issues
a
citation to a person pursuant to section 2935.26 of the Revised
Code and if the minor misdemeanor offense for which the citation
is issued is an act prohibited by Chapter 4511., 4513., or 4549.
of the Revised Code or an act prohibited by any municipal
ordinance that is substantially similar to any section contained
in Chapter 4511., 4513., or 4549. of the Revised Code, the
officer
shall inform the person, if the person has a current
valid Ohio
driver's or commercial driver's license, of the possible
consequences of the person's actions as required under
division
(E) of
this section, and also shall inform the person that
the
person is required
either to appear at the time and place stated
in the citation or
to comply with division (C) of section 2935.26
of the Revised
Code.
(2) If the person is an Ohio resident
who
but does not have
a
current valid Ohio driver's or commercial driver's license or if
the person is
a resident of a
state that is not a member of the
nonresident violator compact, of
which this
state is a member
pursuant to section
4511.95
4510.71 of the
Revised Code,
and if
the
officer shall bring
the person before the court
with which the
citation is required
to be filed,
by local rule, has prescribed a
procedure for
the
setting of a reasonable security
by
the court
pursuant to division (F) of this section, security shall be set in
accordance with that local rule and that division.
A court by local rule may prescribe a procedure for the
setting of reasonable security as described in this division. As
an alternative to
this procedure, a court by local rule may
prescribe
a procedure
for the setting of a reasonable security by
the person without the
person appearing before the court.
(B) A person who
appears before a court to have
has security
set under division (A)(2) of this section shall be given a
receipt
or other evidence of the deposit of the security by the
court.
(C) Upon compliance with division (C) of section 2935.26
of
the Revised Code by a person who was issued a citation, the
clerk
of the court shall notify the court. The court shall
immediately
return any sum of money, license, or other security
deposited in
relation to the citation to the person, or to any
other person who
deposited the security.
(D) If a person who has a current valid Ohio driver's or
commercial driver's license and who was issued a citation fails
to
appear at the time and place specified on the citation,
fails to
comply with division (C) of section 2935.26 of the
Revised Code,
or fails to comply with or satisfy any judgment of
the court
within the time allowed by the court, the court shall
declare the
forfeiture
suspension of the person's license.
Thirty days
after
the declaration
of forfeiture, the court shall enter information
relative to the
forfeiture
suspension on a form approved and
furnished by the registrar
of motor vehicles, and forward the form
to the registrar. The registrar shall
suspend the person's
driver's or commercial driver's license, send written notification
of the
suspension to the person at the
person's last known
address, and order the person to
surrender the person's
driver's
or commercial driver's
license to the registrar within forty-eight
hours. No valid
driver's or commercial driver's license shall be
granted to the
person until the court having jurisdiction of the
offense that led to the
suspension orders that the
forfeiture
suspension be
terminated. The court shall so order if the person,
after having
failed to appear in court at the required time and
place to
answer the charge or after having pleaded guilty to or
been found
guilty of the violation and having failed within the
time allowed
by the court to pay the fine imposed by the court,
thereafter
appears to answer the charge and pays any fine imposed
by the court or pays
the fine originally imposed by the court.
The
court shall inform the
registrar of the termination of the
forfeiture
suspension by
entering information
relative to the
termination on a form approved and furnished by the registrar
and
sending the form to the registrar
as provided in this division.
The
court also shall charge and
collect from the person
shall pay
to the bureau of motor vehicles a
fifteen-dollar
processing fee to
cover the costs of the bureau
of motor vehicles in
administering
this section. The
clerk of the court shall
transmit monthly all
such processing fees to the registrar
for
shall deposit
the fees
so paid into the state bureau of motor
vehicles fund created by
section
4501.25 of the Revised Code.
In addition, upon receipt of the copy of the declaration
of
forfeiture
suspension from the court, neither the registrar nor
any
deputy
registrar shall accept any application for the
registration or
transfer of registration of any motor vehicle
owned or leased by
the person named in the declaration of
forfeiture
suspension until
the court having jurisdiction of the
offense
that led to the
forfeiture
suspension orders that the
forfeiture
suspension be
terminated. However, for a motor
vehicle
leased by a person named
in a declaration of
forfeiture
suspension, the registrar shall not
implement the
preceding
sentence until the
registrar adopts
procedures for that
implementation under section 4503.39
of the
Revised Code. Upon
receipt by the registrar of an order
terminating the
forfeiture
suspension, the registrar shall take
such measures as may
be
necessary to permit the person to register
a motor vehicle
owned
or leased by the person or to transfer the
registration of such a
motor vehicle, if the person later makes
application to take such
action and the person otherwise is
eligible to register the motor
vehicle
or to transfer the
registration of it.
The registrar is not required to give effect to any
declaration of
forfeiture
suspension or order terminating a
forfeiture
suspension unless the order is
transmitted to the
registrar by means of an electronic transfer system.
If the person who was issued the citation fails to appear
at
the time and place specified on the citation and fails to
comply
with division (C) of section 2935.26 of the Revised Code
and the
person has deposited a sum of money or other security in
relation
to the citation under division (A)(2) of this section,
the deposit
immediately shall be forfeited to the court.
This section does not preclude further action as authorized
by division (F) of section 2935.26 of the Revised Code.
(E) A law enforcement officer who issues a person a minor
misdemeanor citation for an act prohibited by Chapter 4511.,
4513., or 4549. of the Revised Code or an act prohibited by a
municipal ordinance that is substantially similar to any section
contained in Chapter 4511., 4513., or 4549. of the Revised Code
shall inform the person that if the person does not appear at
the
time
and place stated on the citation or does not comply with
division
(C) of section 2935.26 of the Revised Code, the person's
driver's
or commercial driver's license will be suspended, the
person will not be eligible for the reissuance of the license or
the issuance
of a new license or the
issuance of a certificate of
registration for a motor vehicle owned or leased
by the person,
until the person appears and complies with all orders of the
court. The person also is subject to any applicable criminal
penalties.
(F) A court setting security under division (A)(2) of this
section shall do so in conformity with sections 2937.22 and
2937.23 of the Revised Code and the Rules of Criminal Procedure.
Sec. 2937.221. (A) A person arrested without warrant for
any violation listed in division (B) of this section, and having
a
current valid Ohio driver's or commercial driver's license, if the
person
has been notified of the possible consequences
of the
person's actions as required by division (C) of this
section, may
post
bond by depositing the license with the arresting officer if
the
officer and person so choose, or with the local court having
jurisdiction if the court and person so choose. The license may
be used as bond only during the period for which it is valid.
When an arresting officer accepts the driver's or
commercial
driver's license as bond, the officer shall note
the date,
time,
and place of the court appearance on "the violator's notice
to
appear," and the notice shall serve as a valid Ohio driver's or
commercial driver's license until the date and time appearing
thereon. The arresting officer immediately shall forward
the
license to the appropriate court.
When a local court accepts the license as bond or continues
the case to another date and time, it shall provide the person
with a card in a form approved by the registrar of motor vehicles
setting forth the license number, name, address, the date and
time
of the court appearance, and a statement that the license is
being
held as bond. The card shall serve as a valid license
until the
date and time contained in the card.
The court may accept other bond at any time and return the
license to the person. The court shall return the license to the
person when judgment is satisfied, including, but not limited to,
compliance with any court orders, unless a suspension or
revocation
cancellation is part of the penalty imposed.
Neither "the violator's notice to appear" nor a court-
granted card shall continue driving privileges beyond the
expiration date of the license.
If the person arrested fails to appear in court at the date
and time set by the court or fails to satisfy the judgment of the
court, including, but not limited to, compliance with all court
orders within the time allowed by the court, the court may
declare
the forfeiture of
impose a class seven suspension of the
person's
license
from the range specified in division (A)(7) of
section
4510.02 of the Revised Code. Thirty
days
after the
declaration of
forfeiture
suspension, the court shall
forward the
person's
license to the registrar. The court also shall enter information
relative to the
forfeiture
suspension on a form approved and
furnished by the registrar
and send the form to the
registrar,
who
and the registrar shall
suspend the license
and
send written
notification of the
suspension to the person at the person's last
known address. No
valid driver's or commercial driver's license
shall be granted to
the person until the
expiration of the period
of the suspension or, prior
to the expiration of that period, the
court having jurisdiction orders
that the
forfeiture
be
suspension
is terminated.
The
If the court terminates
the suspension, the
court shall inform the registrar
of the termination
of the
forfeiture by entering
information relative to the termination on
a form
approved and furnished by the registrar and sending the
form to the registrar.
The court also shall charge and collect
from
Upon the expiration or
termination of the suspension, the
person
shall pay
to the bureau of motor vehicles a processing fee
of fifteen dollars to
cover the costs of the
bureau
of motor
vehicles in administering this section. The
clerk of the court
shall transmit monthly all such processing
fees to the registrar
for
shall deposit
the fees so
paid into the state bureau of motor
vehicles fund created by section 4501.25 of the Revised Code.
In addition, upon receipt from the court of the copy of
the
declaration of forfeiture
suspension, neither the registrar
nor
any deputy registrar shall accept any application for the
registration or transfer of registration of any motor vehicle
owned by or leased in the name of the person named in the
declaration of forfeiture
suspension until the
expiration of
the
period of the suspension or, prior to the expiration of that
period,
the court having
jurisdiction
over the offense that led to
the suspension issues an order
terminating the
forfeiture
suspension. However, for a motor
vehicle leased in the
name of a
person named in a
declaration of forfeiture
suspension, the
registrar shall not
implement the preceding sentence until the
registrar adopts procedures for
that implementation under section
4503.39 of the Revised Code. Upon
the
expiration of the
suspension or upon receipt
by the registrar of
such an order
terminating the suspension,
the registrar also shall take
such
the
measures
as may be
necessary to permit the person to register a
motor vehicle the person owns or
leases or to transfer the
registration of
such a
motor vehicle
the person owns or
leases if
the person later makes a
proper application and otherwise is
eligible to be issued or to
transfer a motor vehicle registration.
(B) Division (A) of this section applies to persons
arrested
for violation of:
(1) Any of the provisions of Chapter 4511. or 4513. of the
Revised Code, except sections 4511.19, 4511.20, 4511.251, and
4513.36 of the Revised Code;
(2) Any municipal ordinance substantially similar to a
section included in division (B)(1) of this section;
(3) Any bylaw, rule, or regulation of the Ohio turnpike
commission substantially similar to a section included in
division
(B)(1) of this section.
Division (A) of this section does not apply to those
persons
issued a citation for the commission of a minor
misdemeanor under
section 2935.26 of the Revised Code.
(C) No license shall be accepted as bond by an arresting
officer or by a court under this section until the officer or
court has notified the person that, if the person deposits the
license with the officer or court and either does not appear on
the date and at the time set by the officer or the court, if the
court sets a time, or does not satisfy any judgment rendered,
including, but not limited to, compliance with all court orders,
the license will be suspended, and the person
will not be eligible
for
reissuance of the license or issuance of a new license, or the
issuance of a certificate of registration for a
motor vehicle
owned or leased by the person until the person
appears and
complies with any order issued by the court.
The person also is
subject to any criminal penalties that may apply to the
person.
Sec. 2937.222. (A) On the motion of the prosecuting
attorney or
on the judge's own motion, the judge shall hold a
hearing to determine whether
an accused person charged with
aggravated murder when it is not a capital
offense, murder, a
felony of the first or second degree, a violation of
section
2903.06 of the Revised Code, a violation of section 2903.211 of
the
Revised Code that is a felony, or a felony
OMVI
OVI offense
shall
be denied bail. The judge shall order that the accused be
detained until the
conclusion of the hearing. Except for good
cause, a
continuance on the motion of the state shall not exceed
three court
days. Except for good cause,
a continuance on the
motion of the accused shall not exceed five court days
unless the
motion of the accused waives in writing the five-day limit and
states in writing a specific period for which the accused requests
a
continuance. A continuance granted upon a motion of the accused
that waives
in writing the five-day limit shall not exceed five
court days after the
period of continuance requested in the
motion.
At the hearing, the accused has the right to be
represented
by counsel and, if the accused is indigent, to have
counsel
appointed. The judge shall afford the
accused an opportunity to
testify, to present witnesses and
other information, and to
cross-examine witnesses who appear at
the hearing. The rules
concerning admissibility of evidence in criminal
trials do not
apply to the presentation and consideration of information at
the
hearing. Regardless of
whether the hearing is being held on the
motion of the
prosecuting attorney or on the court's own motion,
the
state has the burden of proving that the proof is
evident or
the presumption great that the accused committed the
offense with
which the accused is charged, of proving that
the accused poses a
substantial risk of serious physical harm to
any person or to the
community, and of proving that no release conditions will
reasonably assure the safety of that person and the community.
The judge may reopen the
hearing at any time before trial if
the judge
finds that information exists that was not known to the
movant
at the time of the hearing and that that information has a
material bearing on
whether bail should be denied. If a municipal
court or
county court enters an order denying bail, a judge of the
court of
common pleas having jurisdiction over the case may
continue that
order or may hold a hearing pursuant to this section
to determine
whether to continue that order.
(B) No accused person shall be denied bail
pursuant to this
section unless the judge finds by clear and convincing
evidence
that the proof
is evident or the presumption great that the
accused committed
the offense described in division
(A) of this
section with which
the accused is charged, finds by clear and
convincing evidence that the
accused poses a substantial
risk of
serious physical harm to any person or to the community, and finds
by
clear and convincing evidence that no release conditions will
reasonably
assure the safety of that person
and the community.
(C) The judge, in determining whether the accused person
described
in division (A) of this section
poses a substantial risk
of serious physical harm to any person
or to the community and
whether there are conditions of release that will
reasonably
assure the safety of that person and the community, shall consider
all available
information regarding all of the following:
(1) The nature and circumstances of the offense charged,
including whether the offense is an offense of violence or
involves alcohol or a drug of abuse;
(2) The weight of the evidence against the accused;
(3) The history and characteristics of the accused,
including, but not limited to, both of the following:
(a) The character, physical and mental condition,
family
ties, employment, financial resources, length of
residence in the
community, community ties, past conduct,
history relating to drug
or alcohol abuse, and criminal history
of the accused;
(b) Whether, at the time of the current alleged
offense or
at the time of the arrest of the accused, the accused was on
probation, parole,
post-release control, or other release pending
trial,
sentencing, appeal, or completion of sentence for the
commission
of an offense under the laws of this state, another
state, or
the United States or under a municipal ordinance.
(4) The nature and seriousness of the danger to any person
or the community that would be posed by the person's release.
(D)(1) An order of the court of
common pleas denying bail
pursuant to this section is a final appealable
order. In an
appeal pursuant
to division (D) of this section, the court of
appeals shall do all
of the following:
(a) Give the appeal priority on its calendar;
(b) Liberally modify or dispense with formal requirements in
the
interest of a speedy and just resolution of the appeal;
(c) Decide the appeal expeditiously;
(d) Promptly enter its judgment affirming or reversing the
order
denying bail.
(2) The pendency of an appeal under this section does not
deprive
the court of common pleas of jurisdiction to conduct
further proceedings
in the case or to further consider the order
denying bail in accordance
with this section. If, during the
pendency of an appeal under
division (D) of this section, the
court of common pleas sets aside
or terminates the order denying
bail, the court of appeals shall dismiss
the appeal.
(E) As used in this section:
(1) "Court day" has the same meaning as in section
5122.01
of the Revised Code.
(2) "Felony
OMVI
OVI offense" means a third degree
felony
OMVI
OVI
offense and a fourth degree felony
OMVI
OVI offense.
(3) "Fourth degree felony
OMVI
OVI offense" and "third
degree felony
OMVI
OVI offense" have the same
meanings as in
section 2929.01 of the Revised Code.
Sec. 2937.46.
(A) The supreme court of Ohio
may, in the
interest of uniformity of
procedure in the various courts, and for
the purpose of promoting
prompt and
efficient disposition of cases
arising under the traffic laws of this state
and related
ordinances,
makes
may make uniform rules for
practice and
procedure in
courts inferior to the court of common pleas not
inconsistent with the
provisions of Chapter 2937. of the Revised
Code, including, but not limited
to:
(A)(1) Separation of arraignment and trial of traffic and
other types of cases;
(B)(2) Consolidation of cases for trial;
(C)(3) Transfer of cases within the same county for the
purpose of trial;
(D)(4) Designation of special referees for hearings or for
receiving pleas or
bail at times when courts are not in session;
(E)(5) Fixing of reasonable bonds, and disposition of cases
in which bonds have
been forfeited.
All of said
(B)
Except as otherwise specified in division
(L)
of section 4511.19 of the Revised Code, all of the rules
described
in
division (A) of this section, when promulgated by the
supreme
court, shall be fully
binding on all courts inferior to
the court
of common pleas
and on the
court of common pleas in
relation to
felony violations of division
(A) of section 4511.19
of the
Revised Code and shall effect a
cancellation of any local
court
rules inconsistent
therewith
with
the supreme court's rules.
Sec. 2937.99. (A) No person shall fail
to appear as
required, after
having been released pursuant to section 2937.29
of the Revised
Code. Whoever violates this
section is guilty of
failure to appear and shall be punished as set forth in
division
(B) or (C) of this section.
(B) If the release was in connection with a
charge of the
commission of a felony
charge or pending appeal after conviction
of
a
felony, failure to appear is a felony of
the fourth degree.
(C) If the release was in connection with a
charge of the
commission of a misdemeanor
charge or for appearance as a witness,
failure to appear
is a misdemeanor of
the
first degree.
(D) This section does not apply to misdemeanors and related
ordinance offenses arising under Chapters 4501., 4503., 4505.,
4507., 4509.,
4510., 4511., 4513., 4517., 4549., and 5577. of the
Revised Code, except that this section does apply to violations
of
sections 4511.19, 4549.02, and 4549.021 of the Revised Code
and
ordinance offenses related to sections 4511.19,
4549.02, and
4549.021 of the Revised Code.
Sec. 2951.02. (A)(1) In determining whether to suspend
a
sentence of imprisonment imposed upon an offender for a
misdemeanor and
place the offender on probation or
whether to
otherwise suspend a sentence of imprisonment imposed upon an
offender for a misdemeanor pursuant to division (A) of section
2929.51 of the Revised Code, the court shall consider the risk
that the offender will commit another offense and the need for
protecting the public from the risk, the nature and circumstances
of the offense, and the history, character, and condition of the
offender.
(2) An offender who has been convicted of or pleaded
guilty
to a misdemeanor shall not be placed on probation and shall not
otherwise have the sentence of imprisonment imposed upon the
offender
suspended
pursuant to division (A) of section 2929.51 of
the Revised
Code if either of the following applies:
(a) The offender is a repeat or dangerous offender.
(b) The misdemeanor offense involved was not a
violation of
section 2923.12 of the Revised
Code and was committed while the
offender was
armed with a firearm or dangerous ordnance.
(B) The following do not control the court's discretion
but
the court shall consider them in favor of placing an offender who
has been
convicted of or pleaded guilty to a misdemeanor on
probation or in favor of
otherwise suspending the offender's
sentence of imprisonment pursuant to division (A) of section
2929.51 of the
Revised Code:
(1) The offense neither caused nor threatened serious harm
to persons or property, or the offender did not contemplate that
it would do so.
(2) The offense was the result of circumstances unlikely
to
recur.
(3) The victim of the offense induced or facilitated it.
(4) There are substantial grounds tending to excuse or
justify the offense, though failing to establish a defense.
(5) The offender acted under strong provocation.
(6) The offender has no history of prior delinquency or
criminal activity, or has led a law-abiding life for a
substantial
period before commission of the present offense.
(7) The offender is likely to respond affirmatively to
probationary or other court-imposed treatment.
(8) The character and attitudes of the offender indicate
that the offender is unlikely to commit another offense.
(9) The offender has made or will make restitution or
reparation to the victim of the offender's offense for the injury,
damage,
or loss sustained.
(10) Imprisonment of the offender will entail undue hardship
to the offender
or the offender's dependents.
(C)(1) When an offender who has been convicted of or pleaded
guilty to a
misdemeanor is placed on probation or the sentence of
that type of offender otherwise is suspended pursuant to division
(A)
of section
2929.51 of the Revised Code, the probation or
other
suspension shall be at least on condition that, during the
period
of probation or other suspension, the offender shall abide by the
law and shall not leave the
state
without
the permission of the
court
or the offender's probation officer. In the interests of
doing justice,
rehabilitating the offender, and ensuring the
offender's good behavior, the
court may impose additional
requirements on the offender.
Compliance with the additional
requirements imposed under this division also
shall be a condition
of the offender's probation or other suspension. The
additional
requirements so imposed may include, but shall not be limited to,
any of the following:
(a) A requirement that the offender make
restitution
pursuant to section 2929.21 of the Revised Code for all or part of
the property damage that is caused
by the offender's offense and
for all or part of the value of the property
that is the subject
of any theft offense that the offender committed;
(b) If the offense is a violation of section 2919.25 or a
violation of
section 2903.13 of the Revised Code involving a
person who was a family or
household member at the time of the
violation, if the offender committed the
offense in the vicinity
of one or more children who are not victims of the
offense, and if
the offender or the victim of the offense is a parent,
guardian,
custodian, or person in loco parentis of one or more of those
children, a requirement that the offender obtain counseling. This
division
does not limit the court in imposing a requirement that
the offender obtain
counseling for any offense or in any
circumstance not specified in this
division.
(c) A requirement that the offender not ingest or be
injected
with a drug of abuse and submit to random
drug testing
and requiring that the results of the drug test indicate
that the
offender did not ingest or was not injected with a drug
of abuse.
If the court requires the offender to submit to
random drug
testing under division
(C)(1)(c) of this section, the
county
department of probation, the multicounty department of
probation,
or the adult parole authority, as appropriate, that
has general
control and supervision of offenders who are on
probation or other
suspension or are under a nonresidential
sanction, shall cause the
offender to submit to random drug
testing pursuant to section
2951.05 of the Revised
Code.
(2) During the period of a misdemeanor offender's
probation
or other suspension or during the period of a felon's
nonresidential sanction,
authorized probation officers who are
engaged within the scope of their
supervisory duties or
responsibilities may search, with or without a warrant,
the person
of the offender, the place of residence of the offender, and a
motor vehicle, another item of tangible or intangible personal
property, or
other real property in which the offender has a
right, title, or interest or
for which the offender has the
express or implied permission of a person with
a right,
title, or
interest to use, occupy, or possess if the probation officers have
reasonable grounds to believe that the offender is not abiding by
the law or
otherwise is not complying with the conditions of the
offender's probation or
other
suspension or the conditions of the
offender's nonresidential sanction.
If a felon who is sentenced
to a nonresidential sanction is under the
general control and
supervision of the adult parole authority, as described in
division (A)(2)(a) of section 2929.15 of the Revised Code, adult
parole authority field officers with supervisory responsibilities
over the
felon shall have the same search authority relative to
the felon during the
period of the sanction as is described under
this division for probation
officers. The court that places the
offender on probation or
suspends
the misdemeanor offender's
sentence of imprisonment pursuant to
division (D)(2)
or (4) of
section 2929.51 of the Revised Code or that sentences the felon
to
a nonresidential sanction pursuant to section 2929.17 of the
Revised Code shall
provide the offender with a written notice that
informs the offender that authorized probation officers or adult
parole
authority field officers with supervisory responsibilities
over the
offender who are engaged within
the scope of their
supervisory duties or responsibilities may conduct those
types
of
searches during the period of probation or other suspension or
during
the period of the nonresidential sanction if they have
reasonable grounds to believe that the offender is not abiding by
the law or
otherwise is not complying with the conditions of the
offender's probation or
other suspension or the conditions of the
offender's nonresidential
sanction.
(D) The following do not control the court's discretion
but
the court shall consider them against placing an offender who has
been
convicted of or pleaded guilty to a misdemeanor on probation
and against
otherwise suspending the offender's sentence of
imprisonment pursuant to division (A) of section 2929.51 of the
Revised Code:
(1) The offender recently violated the conditions of
pardon,
post-release control pursuant to section 2967.28 of
the
Revised
Code, or a probation or suspension pursuant to
division (A) of
section 2929.51 of the Revised Code,
previously granted the
offender.
(2) There is a substantial risk that, while at liberty
during the period of probation or other suspension, the offender
will commit another offense.
(3) The offender is in need of correctional or
rehabilitative treatment that can be provided best by the
offender's
commitment to a locally governed and operated
residential facility.
(4) Regardless of whether the offender knew the age of the
victim, the victim of the offense was sixty-five years of age or
older or permanently and totally disabled at the time of the
commission of the offense.
(E) The criteria listed in divisions (B) and (D) of this
section shall not be construed to limit the matters that may be
considered in determining whether to suspend sentence of
imprisonment and place an offender who has been convicted of or
pleaded guilty
to a misdemeanor on probation or whether to
otherwise suspend the offender's sentence of imprisonment pursuant
to division
(A) of section 2929.51 of the Revised Code.
(F)(1) When an offender is
convicted
of or pleads guilty to
a misdemeanor, the
court may require the offender, as a condition
of probation or as a condition
of otherwise suspending the
offender's sentence pursuant to division (A) of
section 2929.51 of
the Revised Code, in addition to the
conditions of probation or
other suspension imposed pursuant to
division (C) of this section,
to perform supervised community
service work under the authority
of health districts, park
districts, counties, municipal
corporations, townships, other
political subdivisions of the
state, or agencies of the state or
any of its political
subdivisions, or under the authority of
charitable organizations
that render services to the community or
its citizens, in
accordance with this division. Supervised
community service work
shall not be required as a condition of
probation or other
suspension under this division unless the
offender agrees to
perform the work offered as a condition of
probation or other
suspension by the court. The court may
require an offender who
agrees to perform the work to pay to it a
reasonable fee to cover
the costs of the offender's participation in the
work, including,
but not limited to, the costs of procuring a
policy or policies of
liability insurance to cover the period
during which the offender
will perform the work.
A court may permit any offender convicted of a misdemeanor
to
satisfy the payment of a fine imposed for the offense by
performing supervised community service work as described in this
division if the offender requests an opportunity to satisfy the
payment by this means and if the court determines the offender is
financially unable to pay the fine.
The supervised community service work that may be imposed
under this division shall be subject to the following
limitations:
(a) The court shall fix the period of the work and, if
necessary, shall distribute it over weekends or over other
appropriate times that will allow the offender to continue at the
offender's
occupation or to care for the offender's family. The
period of the work as
fixed by the court shall not exceed an
aggregate of two hundred
hours.
(b) An agency, political subdivision, or charitable
organization must agree to accept the offender for the work
before
the court requires the offender to perform the work for the
entity. A
court shall not require an offender to perform
supervised
community service work for an agency, political
subdivision, or
charitable organization at a location that is an
unreasonable
distance from the offender's residence or domicile,
unless the
offender is provided with transportation to the
location where
the work is to be performed.
(c) A court may enter into an agreement with a county
department of job and family services for the management,
placement, and
supervision of offenders eligible for community
service work in work
activities,
developmental activities, and
alternative work activities under sections 5107.40
to 5107.69 of
the
Revised Code. If a court and a county
department of job and
family services have entered into an
agreement of that nature, the
clerk of that court is authorized to pay
directly to the county
department all or a portion of the fees
collected by the court
pursuant to this division in accordance with the terms
of its
agreement.
(d) Community service work that a court requires under
this
division shall be supervised by an official of the agency,
political subdivision, or charitable organization for which the
work is performed or by a person designated by the agency,
political subdivision, or charitable organization. The official
or designated person shall be qualified for the supervision by
education, training, or experience, and periodically shall
report,
in writing, to the court and to the offender's probation
officer
concerning the conduct of the offender in performing the
work.
(2) When an offender is convicted of a felony, the court
may
impose pursuant to sections 2929.15 and 2929.17 of the Revised
Code a
sanction that requires the offender to perform supervised
community
service work in accordance with this division and under
the
authority of any agency, political subdivision, or charitable
organization as described in division (F)(1) of this section. The
court may
require an offender who is ordered to
perform the work
to pay to it a reasonable fee to cover the costs
of the offender's
participation in the work, including, but not limited to,
the
costs of procuring a policy or policies of liability
insurance to
cover the period during which the offender will
perform the work.
A court may permit an offender convicted of a felony to
satisfy the payment of a fine imposed for the offense pursuant to
section
2929.18 of the Revised Code by performing supervised
community service work as
described in this
division if the court
determines that the offender is financially unable to pay
the
fine.
The supervised community service work that may be imposed
under this division shall be subject to the limitations specified
in divisions (F)(1)(a) to (d) of this section, except that the
court is not
required to obtain the agreement of the offender to
impose supervised
community work as a sanction. Additionally, the
total of any period of
supervised community service work imposed
on an offender under this division
plus the period of all other
sanctions imposed pursuant to sections 2929.15,
2929.16, 2929.17,
and 2929.18 of the Revised Code shall not exceed five years.
(G)(1) When an offender is convicted of a violation of
section 4511.19 of the Revised Code, a municipal ordinance
relating to operating a vehicle while under the influence of
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a
municipal ordinance relating to operating a vehicle with a
prohibited concentration of alcohol in the blood, breath, or
urine, the court may require, as
a condition of probation in
addition to the required conditions
of probation and the
discretionary conditions of probation that
may be imposed pursuant
to division (C) of this section, any
suspension
or revocation of a
driver's or commercial driver's
license or permit or nonresident
operating privilege, and all
other penalties provided by law or by
ordinance, that the
offender operate only a motor vehicle equipped
with an ignition
interlock device that is certified pursuant to
section
4511.83
4510.43 of
the Revised Code.
(2) When a court requires an offender, as a condition of
probation pursuant to division (G)(1) of this section, to operate
only a motor vehicle equipped with an ignition interlock device
that is certified pursuant to section
4511.83
4510.43 of the
Revised
Code, the offender immediately shall surrender the
offender's driver's or
commercial driver's license or permit to
the court. Upon the
receipt of the offender's license or permit,
the court shall
issue an order authorizing the offender to operate
a motor
vehicle equipped with a certified ignition interlock
device,
deliver the offender's license or permit to the bureau of
motor
vehicles, and include in the abstract of the case forwarded
to
the bureau pursuant to section
4507.021
4510.036 of the Revised
Code the
conditions of probation imposed pursuant to division
(G)(1) of
this section. The court shall give the offender a copy
of its
order, and that copy shall be used by the offender in lieu
of a
driver's or commercial driver's license or permit until the
bureau issues a restricted license to the offender.
(3) Upon receipt of an offender's driver's or commercial
driver's license or permit pursuant to division (G)(2) of this
section, the bureau of motor vehicles shall issue a restricted
license to the offender. The restricted license shall be
identical to the surrendered license, except that it shall have
printed on its face a statement that the offender is prohibited
from operating a motor vehicle that is not equipped with an
ignition interlock device that is certified pursuant to section
4511.83
4510.43 of the Revised Code. The bureau shall deliver the
offender's surrendered license or permit to the court upon
receipt
of a court order requiring it to do so, or reissue the
offender's
license or permit under section
4507.54
4510.52 of the Revised
Code if the registrar destroyed the offender's license or permit
under that section. The offender shall surrender the restricted
license to the court upon receipt of the offender's surrendered
license or
permit.
(4) If an offender violates a requirement of the court
imposed under division
(G)(1) of this section, the
court may
impose a class seven suspension of the offender's driver's or
commercial driver's license or permit or nonresident operating
privilege
may be suspended as provided in
from the range specified
in division (A)(7) of section
4507.16
4510.02 of the Revised
Code.
On a second or subsequent violation, the court may impose a class
four suspension of the offender's driver's or commercial driver's
license or permit or nonresident operating privilege from the
range specified in division (A)(4) of section 4510.02 of the
Revised Code.
(H) As used in this
section:
(1) "Repeat offender" and "dangerous offender" have the
same
meanings as in section 2935.36 of the
Revised
Code.
(2) "Firearm" and "dangerous ordnance" have the same
meanings as in section 2923.11 of the
Revised
Code.
(3) "Theft offense" has the same meaning as in section
2913.01 of the Revised
Code.
(4) "Random drug testing" has the same meaning as in
section
5120.63 of the Revised
Code.
(5) "Ignition
interlock device"
has the same meaning as in
section
4511.83
4510.01 of the Revised Code.
Sec. 2953.31. As used in sections 2953.31 to 2953.36 of
the
Revised Code:
(A) "First offender" means anyone who has been convicted
of
an offense in this state or any other jurisdiction and who
previously or subsequently has not been convicted of the same or
a
different offense in this state or any other jurisdiction. When
two or more
convictions result from or are connected with
the same
act or result from offenses committed at the same time,
they shall
be counted as one conviction. When two or three convictions
result from the same indictment, information, or complaint, from
the
same plea of guilty, or from the same official proceeding, and
result
from related criminal acts that were committed within a
three-month period but
do not result from the same act or from
offenses
committed at the same time, they shall be counted as one
conviction, provided
that a court may decide as provided in
division
(C)(1)(a) of section 2953.32 of the Revised Code that it
is not in the
public interest for the two or three convictions to
be counted as one
conviction.
For purposes of, and except as otherwise provided in, this
division, a conviction for a minor misdemeanor,
a conviction for
a
violation of any section in Chapter
4507.,
4510., 4511.,
4513., or
4549. of
the Revised Code, or
a conviction for a violation of a
municipal
ordinance that is substantially similar to any section
in those
chapters is not a previous or subsequent conviction.
A
However,
a
conviction for a violation of section 4511.19,
4511.192, 4511.251,
4549.02, 4549.021, 4549.03, 4549.042, or
4549.07
4549.62 or
sections 4549.41 to 4549.46 of the Revised
Code,
or a
conviction
for a violation of section 4510.11 or
4510.14 of the
Revised
Code that is based upon the offender's
operation of a
vehicle during
a suspension imposed under section
4511.191 or
4511.196 of the
Revised Code, for a violation of a
substantially
equivalent municipal ordinance
that is substantially
similar to
any of those sections,
for a felony violation of
Title
XLV of the
Revised Code,
or for a violation of a substantially
equivalent
former law of this state or
former municipal ordinance
shall be
considered a previous
or subsequent conviction.
(B) "Prosecutor" means the county prosecuting attorney,
city
director of law, village solicitor, or similar chief legal
officer, who has the authority to prosecute a criminal case in
the
court in which the case is filed.
(C) "Bail forfeiture" means the forfeiture of bail by a
defendant who is arrested for the commission of a misdemeanor,
other than a defendant in a traffic case as defined in Traffic
Rule 2, if the forfeiture is pursuant to an agreement with the
court and prosecutor in the case.
(D) "Official records" has the same meaning as in division
(D) of section 2953.51 of the Revised Code.
(E) "Official proceeding" has the same meaning as in section
2921.01 of the Revised Code.
Sec. 2953.36. Sections 2953.31 to 2953.35 of the Revised
Code do not apply to
any of the following:
(A) Convictions when the offender is subject to a mandatory
prison term;
(B) Convictions under section 2907.02, 2907.03, 2907.04,
2907.05, 2907.06,
2907.321, 2907.322, or 2907.323, former section
2907.12, or Chapter 4507.,
4510., 4511., or 4549. of the Revised
Code, or a conviction for a
violation of
a
municipal ordinance
that is substantially similar to any section contained in
any of
those chapters;
(C) convictions of an offense of violence when the offense
is a
misdemeanor of the first degree or a felony and when the
offense is not a
violation of section 2917.03 of the Revised Code
and is not a violation of
section 2903.13,
2917.01 or 2917.31 of
the Revised Code that is a misdemeanor of the first
degree;
(D) Convictions
of an offense in circumstances in which the
victim of the offense was under
eighteen years of age when the
offense is a misdemeanor of the first degree or
a felony;
(E) Convictions of a felony of the first or second
degree;
(F) Bail forfeitures in a traffic case as
defined in Traffic
Rule 2.
Sec. 3123.55. Notice shall be sent to the
individual
described in section 3123.54 of the Revised Code in compliance
with section
3121.23 of the Revised Code. The notice shall
specify
that a court or agency has determined the individual to be
in
default under a child support order or that the individual is
an obligor
under a child support order who has failed to comply
with a subpoena or
warrant
issued by a court or agency with
respect to a proceeding to enforce a child
support order, that a
notice containing the individual's
name and social security number
or other identification number may be sent to the registrar of
motor vehicles,
and that, if the registrar receives that notice
and determines that the
individual is the individual named in that
notice and the registrar has not
received notice under section
3123.56 or 3123.57 of the Revised Code,
all of the following will
occur:
(A) The registrar and all deputy registrars will be
prohibited
from issuing to the individual a driver's or commercial
driver's license,
motorcycle
operator's license or endorsement, or
temporary instruction permit or
commercial driver's temporary
instruction permit.
(B) The registrar and all deputy registrars will be
prohibited
from renewing
for the individual a driver's or
commercial driver's license,
motorcycle operator's license or
endorsement, or
commercial driver's temporary instruction permit.
(C) If the individual holds a driver's or commercial
driver's
license, motorcycle operator's license or endorsement, or
temporary instruction permit or commercial driver's temporary
instruction
permit,
it
the registrar will
be suspended
impose a
class F suspension under division (B)(6) of section 4510.02 of the
Revised Code if the registrar determines
that the individual is
the individual named in the notice sent pursuant to
section
3123.54 of the Revised Code.
(D) If the individual is the individual named in the notice,
the
individual will not be issued or have renewed any license,
endorsement, or
permit, and no suspension will be lifted with
respect to any license,
endorsement, or permit listed in this
section until the registrar
receives a notice under section
3123.56 or 3123.57 of the Revised Code.
Sec. 3123.58.
(A) On receipt of a notice pursuant to
section 3123.54 of the Revised Code, the registrar of motor
vehicles shall determine whether
the individual named in
the
notice holds or has applied for a driver's license or commercial
driver's
license, motorcycle operator's license or endorsement, or
temporary
instruction permit or commercial driver's temporary
instruction permit.
If the registrar determines that the
individual holds or has applied for a
license, permit, or
endorsement and the individual is the individual
named in the
notice and does not receive a notice pursuant to section 3123.56
or 3123.57 of the Revised Code, the registrar immediately shall
provide
notice
of the determination to each deputy registrar. The
registrar or a deputy
registrar may not issue to the individual a
driver's or commercial driver's
license, motorcycle operator's
license or endorsement, or temporary
instruction permit or
commercial driver's temporary instruction permit and may
not renew
for the individual
a driver's or commercial driver's license,
motorcycle operator's license or
endorsement, or commercial
driver's temporary instruction
permit. The registrar or a deputy
registrar also shall
suspend
impose a
class F suspension of the
license,
permit, or endorsement held by the individual
under
division (B)(6) of section 4510.02 of the Revised Code.
(B) Prior to the date specified in section
3123.52 of the
Revised Code, the
registrar of motor vehicles or a
deputy
registrar shall do only the following
with respect to an
individual if the registrar makes the determination
required under
division (A) of this
section and no notice is received
concerning
the
individual under section 3123.56 or 3123.57 of the
Revised
Code:
(1) Refuse to issue or renew the individual's commercial
driver's
license or commercial driver's temporary instruction
permit;
(2) Impose a class F suspension under division (B)(6) of
section 4510.02
of the Revised Code
on the individual with respect
to the license or
permit held by the individual.
Sec. 3123.59. Not later than seven days after receipt of a
notice pursuant
to section 3123.56 or 3123.57 of the Revised Code,
the registrar of motor vehicles shall
notify each deputy registrar
of the notice. The
registrar and each deputy registrar shall
then, if the individual otherwise is
eligible for the license,
permit, or endorsement and wants the license,
permit, or
endorsement, issue a license, permit, or
endorsement to, or
renew
a license, permit, or endorsement of, the individual,
or, if
the
registrar imposed a class F suspension of the individual's
license, permit, or endorsement
was suspended pursuant to
division
(A) of section 3123.58 of the Revised Code, remove the
suspension.
On and after the date specified in section 3123.52 of the Revised
Code, the
registrar or a deputy registrar shall remove, after
receipt of a notice under
section 3123.56 or 3123.57 of the
Revised Code, a
disqualification
class F suspension imposed on an
individual
with respect to a
commercial driver's license or
commercial driver's temporary
instruction permit pursuant to
division (B) of section
3123.611
3123.58 of the Revised Code. The
registrar or a
deputy registrar may charge a fee of not more
than
twenty-five
dollars for issuing or renewing or removing the
suspension of
a
license, permit, or
for removing a
disqualification
endorsement
pursuant to this section. The
fees
collected by the registrar
pursuant to this section shall be paid
into the state bureau of
motor vehicles
fund established in
section 4501.25 of the Revised
Code.
Sec. 3123.613. Prior to the date specified in section
3123.52 of the Revised Code,
instead of the notice provisions
described in divisions (A),
(B), (C), and (D) of section 3123.55
of the Revised Code, the
notice shall specify that all of the
following will occur:
(A) The registrar of motor vehicles and all
deputy
registrars will be prohibited from issuing to, or renewing for,
the
individual a commercial driver's license or commercial
driver's temporary
instruction permit.
(B) If the individual holds a commercial driver's license or
commercial driver's temporary instruction permit, the registrar
will impose a
disqualification as defined in
class F suspension
under division (B)(6) of section
4506.01
4510.02 of the Revised
Code
with respect to the license or permit if the registrar
determines
that the individual is the individual named in the
notice sent pursuant to
section 3123.54 of the Revised Code.
(C) If the individual is the individual named in the notice,
the
individual will not be issued, and the disqualification
will
not be removed with respect to, any license or permit listed in
this
section until the registrar
receives a notice under section
3123.56 or 3123.57 of the Revised Code.
Sec. 3123.614. Notwithstanding section 119.06 of the Revised
Code and prior to the date
specified in section 3123.52 of the
Revised Code, the registrar of motor vehicles shall not
hold any
hearing in connection with an order refusing to issue or renew, or
imposing a
disqualification
suspension with respect to, the
commercial driver's license
or commercial driver's temporary
instruction permit of an individual pursuant
to
division (B) of
section
3123.611
3123.58 of the Revised Code.
Sec. 3327.10. (A) No person shall be employed as driver
of
a school bus or motor van, owned and operated by any school
district or educational service center or privately owned and
operated under
contract with any
school district or service center
in this state, who has not received a
certificate
from the
educational service center governing board in case such person is
employed by a service center or by
a local school
district under
the supervision of the service center governing
board, or by the
superintendent of schools, in case such person is employed by the
board of a city or exempted village school district, certifying
that such person is at least eighteen years of age and is of good
moral character and is qualified physically and otherwise for
such
position. The service center governing board or the
superintendent, as the
case may be, shall provide for an annual
physical examination
that conforms with rules adopted by the state
board of education
of each driver to ascertain
the driver's
physical fitness
for such
employment. Any certificate may be
revoked by the authority
granting the same on proof that the
holder has been guilty of
failing to comply with division (D)(1)
of this section, or upon a
conviction or a guilty plea for a
violation, or any other action,
that results in a loss or
suspension of driving rights. Failure
to comply with such
division may be cause for disciplinary action
or termination of
employment under division (C) of section
3319.081, or section
124.34 of the Revised Code.
(B) No person shall be employed as driver of a school bus
or
motor van not subject to the rules of the department of
education
pursuant to division (A) of this section who has not
received a
certificate from the school administrator or
contractor certifying
that such person is at least eighteen years
of age, is of good
moral character, and is qualified physically
and otherwise for
such position. Each driver shall have an
annual physical
examination which conforms to the state highway
patrol rules,
ascertaining
the driver's physical fitness for
such
employment.
The examination shall be performed by one of the
following:
(1) A person licensed under Chapter 4731. of the Revised Code
or by another state to practice medicine and surgery or
osteopathic medicine and surgery;
(2) A registered nurse who holds a certificate of authority
issued under Chapter 4723. of the Revised Code to practice as a
certified nurse practitioner or clinical nurse specialist and is
practicing pursuant to a standard care arrangement with a
collaborating physician.
Any certificate may be revoked by the authority
granting the
same on proof that the holder has been guilty of
failing to comply
with division (D)(2) of this section.
(C) Any person who drives a school bus or motor van must
give satisfactory and sufficient bond except a driver who is an
employee of a school district and who drives a bus or motor van
owned by the school district.
(D) No person employed as driver of a school bus or motor
van under this section who is convicted of a traffic violation or
who has had
the person's commercial driver's license
suspended
or
revoked
shall drive a school bus or motor van until
such
the
person
has filed a
written notice of
such
the conviction,
or
suspension,
or
revocation as
follows:
(1) If
the person is employed under division (A) of this
section,
such
the person shall file the notice
shall be filed with
the superintendent, or a
person
designated by the superintendent,
of the school district
for
which
such
the person drives a school
bus or motor van as an
employee or
drives a privately owned and
operated school bus or
motor van
under contract.
(2) If employed under division (B) of this section,
such
the
person shall file the notice
shall be filed with the employing
school
administrator or
contractor, or a person designated by the
administrator or
contractor.
(E) In addition to resulting in possible revocation of a
certificate as authorized by divisions (A) and (B) of this
section, violation of division (D) of this section is a minor
misdemeanor.
Sec. 3793.02. (A) The department of alcohol and drug
addiction services shall promote, assist in developing, and
coordinate or conduct programs of education and research for the
prevention of alcohol and drug addiction and for the treatment,
including intervention, of alcoholics and persons who abuse drugs
of abuse, including anabolic steroids. Programs established by
the department shall include abstinence-based prevention and
treatment programs.
(B) In addition to the other duties prescribed by this
chapter, the department shall do all of the following:
(1) Promote and coordinate efforts in the provision of
alcohol and drug addiction services by other state agencies, as
defined in section 1.60 of the Revised Code; courts; hospitals;
clinics; physicians in private practice; public health
authorities; boards of alcohol, drug addiction, and mental health
services; alcohol and drug addiction programs; law enforcement
agencies; and related groups;
(2) Provide for education and training in prevention,
diagnosis, treatment, and control of alcohol and drug addiction
for medical students, physicians, nurses, social workers,
professional counselors, psychologists, and other persons who
provide alcohol and drug addiction services;
(3) Provide training and consultation for persons who
supervise alcohol and drug addiction programs and facilities;
(4) Develop measures for evaluating the effectiveness of
alcohol and drug addiction services, including services that use
methadone treatment, and for increasing the accountability of
alcohol and drug addiction programs;
(5) Provide to each court of record, and biennially
update,
a list of the treatment and education programs within
that court's
jurisdiction that the court may require an offender,
sentenced
pursuant to
division (A) of section
4511.99
4511.19 of the
Revised
Code, to attend;
(6) Print and distribute the warning sign described in
sections 3313.752, 3345.41, and 3707.50 of the Revised Code.
(C) The department may accept and administer grants from
public or private sources for carrying out any of the duties
enumerated in this section.
(D) Pursuant to Chapter 119. of the Revised Code, the
department shall adopt a rule defining the term "intervention" as
it is used in this chapter in connection with alcohol and drug
addiction services. The department may adopt other rules as
necessary to implement the requirements of this chapter.
Sec. 3793.10. A drivers' intervention program may be used
as
an alternative to a term of imprisonment for an offender
sentenced
pursuant to division
(A)(1)(G)(1)(a) of section
4511.99
4511.19 of
the
Revised Code, if it is certified by the director of alcohol
and
drug addiction services pursuant to this section. No drivers'
intervention program shall be used as an alternative to a term of
imprisonment that is imposed pursuant to division
(A)(2),
(3),
(4), (6), (7)(G)(1)(b), (c), (d), or
(8)(e) of section
4511.99
4511.19 of the Revised Code.
To qualify for certification by the director and to receive
funds from the statewide treatment and
prevention fund created
by
section 4301.30 of the
Revised Code in any
amounts and at any
times that the director determines are
appropriate, a drivers'
intervention program shall meet state
minimum standards that the
director shall establish by rule. The
rules shall include, but
are not limited to, standards governing
program course hours and
content, qualifications of program
personnel, methods of
identifying and testing participants to
isolate participants with
alcohol and drug abuse problems,
referral of such persons to
alcohol and drug addiction programs,
the prompt notification of
courts by program operators of the
completion of the programs by
persons required by courts to
attend them, and record keeping,
including methods of tracking
participants for a reasonable time
after they have left the
program.
The director shall issue a certificate to any qualified
drivers' intervention program. The certificate is
valid for three
years.
Sec. 3937.31. (A) Every automobile insurance policy shall
be issued for a period of not less than two years or
guaranteed
renewable for successive policy periods totaling not
less than two
years. Where renewal is mandatory, "cancellation,"
as used in
sections 3937.30 to 3937.39 of the Revised Code,
includes refusal
to renew a policy with at least the coverages,
included insureds,
and policy limits provided at the end of the
next preceding policy
period. No insurer may cancel any such
policy except pursuant to
the terms of the policy, and in
accordance with sections 3937.30
to 3937.39 of the Revised Code,
and for one or more of the
following reasons:
(1) Misrepresentation by the insured to the insurer of any
material fact in the procurement or renewal of the insurance or
in
the submission of claims thereunder;
(2) Loss of driving privileges through suspension,
revocation, or expiration of the driver's or commercial driver's
license of the named insured or any member of the named
insured's
family covered
as a driver; provided that the insurer shall
continue the policy
in effect but exclude by endorsement all
coverage as to the
person whose driver's license has been
suspended
or revoked or
has expired, if the person is other than
the named insured or
the
principal operator;
(3) Nonpayment of premium, which means failure of the
named
insured to discharge when due any of the named
insured's
obligations in
connection with the payment of premiums on a
policy, or any
installment of such premiums, whether the premium
is payable
directly to the insurer or its agent or indirectly
under any
premium finance plan or extension of credit;
(4) The place of residence of the insured or the state of
registration or license of the insured automobile is changed to a
state or country in which the insurer is not authorized to write
automobile coverage.
This section does not apply in the case of a cancellation
if
the insurer has indicated its willingness to issue a new
policy
within the same insurer or within another insurer under
the same
ownership or management as that of the insurer
that has
issued the
cancellation.
(B) Sections 3937.30 to 3937.39 of the Revised Code do not
prohibit:
(1) Changes in coverage or policy limits, cancellation, or
nonrenewal for any reason at the request or with the consent of
the insured;
(2) Lawful surcharges, adjustments, or other changes in
premium;
(3) Policy modification to all policies issued to a
classification of risk which do not effect a withdrawal or
reduction in the initial coverage or policy limits;
(4) An insurer's refusing for any reason to renew a policy
upon its expiration at the end of any mandatory period, provided
such nonrenewal complies with the procedure set forth in section
3937.34 of the Revised Code.
(C) Sections 3937.30 to 3937.39 of the Revised Code do not
apply to any policy or coverage that has been in
effect less
than
ninety days at the time notice of cancellation is mailed by
the
insurer, unless it is a renewal policy.
(D) Renewal of a policy does not constitute a waiver or
estoppel with respect to grounds for cancellation
that existed
before the effective date of such renewal.
(E) Nothing in this section prohibits an insurer from
incorporating into a policy any changes that are permitted or
required by
this section or other sections of the Revised Code at
the beginning of any policy period
within the two-year period set
forth in division
(A) of this section.
Sec. 4301.99. (A) Whoever violates section 4301.47,
4301.48, 4301.49, 4301.62, or 4301.70 or division (B) of section
4301.691 of the Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates section 4301.15, division (A)(2) or
(D)
of section 4301.22, division (C), (D), (E), (F), (G), (H), or
(I)
of section 4301.631, or section 4301.64 or 4301.67 of the
Revised
Code is guilty of a misdemeanor of the fourth degree.
If an offender who violates section 4301.64 of the
Revised
Code
was under the age of eighteen years at the time of the
offense, the court, in
addition to any other penalties it imposes
upon the offender, shall
suspend
the
offender's temporary
instruction permit, probationary
driver's license, or
driver's
license
for a period of
not less than six months
and not more than
one year. If the offender is fifteen years
and six months
of age
or older and has not been issued a temporary instruction
permit or
probationary driver's license, the offender shall not be
eligible
to
be issued such a license or permit for a period of six
months.
If the
offender
has not attained the age of fifteen years
and six
months, the offender shall
not be eligible to be issued a
temporary instruction permit until the offender
attains the age of
sixteen years.
(C) Whoever violates division (D) of section 4301.21, or
section 4301.251, 4301.58, 4301.59, 4301.60, 4301.632, 4301.633,
4301.66, 4301.68, or 4301.74, division (B), (C), (D), (E), or (F)
of section 4301.69 of the Revised Code, or division (C), (D),
(E),
(F), (G), or (I) of section 4301.691 of the Revised Code is
guilty
of a misdemeanor of the first degree.
If an offender who violates
section 4301.632 of the
Revised
Code was under the age of eighteen years at the time
of the
offense and the offense
occurred while the offender was the
operator of or a passenger in a motor
vehicle, the court, in
addition to any other penalties it imposes upon the offender,
shall
suspend
the
offender's
temporary instruction permit or
probationary driver's license for
a period of
not less than six
months
and not more than one year.
If the offender is
fifteen
years and six months of age or older and has not been
issued a
temporary
instruction permit or probationary driver's
license,
the
offender shall not be eligible to be issued such a
license or
permit
for
a period of six months. If the offender has
not
attained the age of fifteen
years and six months, the offender
shall not be eligible to be issued a
temporary instruction permit
until the offender attains the age of sixteen
years.
(D) Whoever violates division (B) of section 4301.14, or
division (A)(1) or (3), (B), or (C) of section 4301.22 of the
Revised Code is guilty of a misdemeanor of the third degree.
(E) Whoever violates section 4301.63 or division (B) of
section 4301.631 of the Revised Code shall be fined not less than
twenty-five nor more than one hundred dollars. The court
imposing
a fine for a violation of section 4301.63 or division
(B) of
section 4301.631 of the Revised Code may order that the
fine be
paid by the performance of public work at a reasonable
hourly rate
established by the court. The court shall designate
the time
within which the public work shall be completed.
(F)(1) Whoever violates section 4301.634 of the Revised
Code
is guilty of a misdemeanor of the first degree. If, in
committing
a first violation of that section, the offender
presented to the
permit holder or the permit holder's
employee or agent a false,
fictitious, or altered identification card, a false or fictitious
driver's license purportedly issued by any state, or a driver's
license issued by any state that has been altered, the offender
is
guilty of a misdemeanor of the first degree and shall be fined
not
less than two hundred fifty and not more than one thousand
dollars, and may be sentenced to a term of imprisonment of not
more than six months.
(2) On a second violation in which, for the second time,
the
offender presented to the permit holder or the permit
holder's
employee or
agent a false, fictitious, or altered identification
card, a
false or fictitious driver's license purportedly issued by
any
state, or a driver's license issued by any state that has
been
altered, the offender is guilty of a misdemeanor of the first
degree and shall be fined not less than five hundred nor more
than
one thousand dollars, and may be sentenced to a term of
imprisonment of not more than six months. The court also may
suspend
impose a class seven suspension of the offender's
driver's
or commercial driver's license or
permit or nonresident operating
privilege
or deny the offender
the opportunity to be issued a
driver's or commercial driver's
license for a period not exceeding
sixty days
from the range specified
in division (A)(7) of section
4510.02 of the Revised
Code.
(3) On a third or subsequent violation in which, for the
third or subsequent time, the offender presented to the permit
holder or the permit holder's employee or agent a false,
fictitious, or altered
identification card, a false or fictitious
driver's license
purportedly issued by any state, or a driver's
license issued by
any state that has been altered, the offender is
guilty of a
misdemeanor of the first degree and shall be fined not
less than
five hundred nor more than one thousand dollars, and may
be
sentenced to a term of imprisonment of not more than six
months. The court
also shall
suspend
impose a class six
suspension of the
offender's driver's or
commercial driver's
license or permit or nonresident operating
privilege
or deny the
offender the opportunity to be issued a
driver's or commercial
driver's license for a period of ninety
days
from the range
specified in division (A)(6) of section
4510.02 of the Revised
Code, and the court may order
that the suspension or denial
remain
in effect until the offender attains the age of twenty-one
years.
The court also may order the offender to perform a
determinate
number of hours of community service, with the court
determining
the actual number of hours and the nature of the
community service
the offender shall perform.
(G) Whoever violates section 4301.636 of the Revised Code is
guilty of a
felony of the fifth degree.
(H) Whoever violates division (A)(1) of section 4301.22 of
the Revised Code is guilty of a misdemeanor, shall be fined not
less than five hundred and not more than one thousand dollars,
and, in addition to the fine, may be imprisoned for a definite
term of not more than sixty days.
(I) Whoever violates division (A) of section 4301.69 or
division (H) of section 4301.691 of the Revised Code is guilty of
a misdemeanor, shall be fined not less than five hundred and not
more than one thousand dollars, and, in addition to the fine, may
be imprisoned for a definite term of not more than six months.
Sec. 4501.01. As used in this chapter and Chapters 4503.,
4505., 4507., 4509.,
4510., 4511., 4513., 4515., and 4517. of the
Revised
Code, and in the penal laws, except as otherwise
provided:
(A)
"Vehicles" means everything on wheels or runners,
including motorized bicycles, but does not mean vehicles that are
operated
exclusively on rails or tracks or from overhead electric
trolley
wires and vehicles that belong to any police department,
municipal
fire department, or volunteer fire department, or that
are used by such
a department in the discharge of its functions.
(B)
"Motor vehicle" means any vehicle, including
mobile
homes
and recreational vehicles, that is
propelled or drawn
by
power
other than muscular power or power collected from
overhead
electric trolley wires.
"Motor
vehicle" does not include
motorized
bicycles, road
rollers, traction engines, power
shovels,
power
cranes, and other
equipment used in construction
work and
not
designed for or
employed in general highway
transportation,
well-drilling
machinery, ditch-digging
machinery, farm machinery,
trailers that are used
to transport
agricultural produce or
agricultural production
materials
between a local place of storage
or supply and the farm
when
drawn or towed on a public road or
highway at a speed of
twenty-five miles per hour or less,
threshing machinery,
hay-baling machinery, corn sheller,
hammermill and agricultural
tractors, machinery used in the
production of horticultural,
agricultural, and vegetable products,
and trailers that are
designed and
used exclusively to transport a
boat between a
place of storage
and a marina, or in and around a
marina, when
drawn or towed on a
public road or highway for a
distance of no
more than ten miles
and at a speed of twenty-five
miles per hour
or less.
(C)
"Agricultural tractor" and
"traction engine" mean any
self-propelling vehicle that is designed or used for drawing other
vehicles or wheeled machinery, but has no provisions for
carrying
loads independently of such other vehicles, and that is used
principally for agricultural purposes.
(D)
"Commercial tractor," except as defined in division (C)
of this section, means any motor vehicle that has motive power
and
either is designed or used for drawing other motor vehicles,
or is
designed or
used for drawing another motor vehicle while
carrying
a portion
of the other motor vehicle or its load, or
both.
(E)
"Passenger car" means any motor vehicle that is designed
and
used for carrying not more than nine persons and includes any
motor
vehicle that is designed and used for carrying not more
than
fifteen
persons in a ridesharing arrangement.
(F)
"Collector's vehicle" means any motor vehicle or
agricultural tractor or traction engine that is of special
interest,
that has a fair market value of one hundred dollars or
more,
whether operable or not, and that is owned, operated,
collected,
preserved, restored, maintained, or used essentially
as
a
collector's item, leisure pursuit, or investment, but not
as the
owner's principal means of transportation.
"Licensed
collector's
vehicle" means a collector's vehicle, other than an
agricultural
tractor or traction engine, that displays current,
valid license
tags issued under section 4503.45 of the Revised
Code, or a
similar type of motor vehicle that displays current,
valid
license
tags issued under substantially equivalent
provisions in
the laws
of other states.
(G)
"Historical motor vehicle" means any motor vehicle
that
is over twenty-five years old and is owned solely as a
collector's
item and for participation in club activities,
exhibitions, tours,
parades, and similar uses, but that in no
event is used
for
general transportation.
(H)
"Noncommercial motor vehicle" means any motor vehicle,
including a farm truck as defined in section 4503.04 of the
Revised Code, that is designed by the manufacturer to carry a load
of no
more than one ton and is used exclusively for purposes
other
than
engaging in business for profit.
(I)
"Bus" means any motor vehicle that has motor power
and
is
designed and used for carrying more than nine passengers,
except
any motor vehicle that is designed and used for carrying
not more
than
fifteen passengers in a ridesharing arrangement.
(J)
"Commercial car" or
"truck" means any motor vehicle
that
has motor
power and is designed and used for carrying
merchandise
or freight, or
that is used as a commercial tractor.
(K)
"Bicycle" means every device, other than a tricycle
that
is
designed solely for use as a play vehicle by a child,
that is
propelled
solely by human power upon which any person
may ride,
and that has either two
tandem wheels, or one wheel in
front and
two wheels in
the rear, any of which is more than
fourteen inches
in diameter.
(L)
"Motorized bicycle" means any vehicle that either has
two
tandem wheels or one wheel in the front and two wheels in
the
rear, that is capable of being pedaled, and that is equipped
with
a
helper motor of not more than fifty cubic centimeters
piston
displacement that produces no more than one brake
horsepower and
is capable of propelling the vehicle at a speed of
no greater
than
twenty miles per hour on a level surface.
(M)
"Trailer" means any vehicle without motive power
that
is
designed or used for carrying property or persons wholly on
its
own structure and for being drawn by a motor vehicle, and
includes
any such vehicle that is formed by or operated as a
combination of
a semitrailer and a vehicle of the dolly type such
as that
commonly known as a trailer dolly, a vehicle used to
transport
agricultural produce or agricultural production
materials between
a local place of storage or supply and the farm
when drawn or
towed on a public road or highway at a speed
greater than
twenty-five miles per hour, and a vehicle that is
designed
and
used exclusively to transport a boat between a
place of
storage
and a marina, or in and around a marina, when
drawn or
towed on a
public road or highway for a distance of
more than ten
miles or at
a speed of more than twenty-five miles
per hour.
"Trailer" does
not include a manufactured home or
travel trailer.
(N)
"Noncommercial trailer" means any trailer, except a
travel trailer or trailer that is used to transport a boat as
described
in division (B) of this section, but, where applicable,
includes
a vehicle that is used to transport a boat as described
in division (M)
of this section, that has a gross weight of no
more than three
thousand pounds, and that is used exclusively for
purposes other than
engaging in business for a profit.
(O)
"Mobile home" means a building
unit or assembly of
closed
construction that is fabricated in an off-site
facility,
is
more
than thirty-five body
feet in length or, when erected
on
site, is
three hundred
twenty or more square feet, is built
on a
permanent
chassis, is
transportable in one or more
sections, and
does not
qualify as
a manufactured home as
defined in division
(C)(4) of
section 3781.06
of the Revised
Code or as an
industrialized unit
as defined in division (C)(3)
of section
3781.06 of the Revised
Code.
(P)
"Semitrailer" means any vehicle of the trailer type
that
does not have motive power and is so designed or used with
another
and
separate motor vehicle that in operation a part of
its own
weight
or that of its load, or both, rests upon and is
carried by
the other vehicle
furnishing the motive power for
propelling
itself
and the vehicle referred to in this division,
and includes,
for
the purpose only of registration and taxation
under those
chapters, any
vehicle of the dolly type, such as a
trailer dolly,
that is designed or used for the conversion of a
semitrailer into
a
trailer.
(Q)
"Recreational vehicle" means a vehicular portable
structure that meets all of the following conditions:
(1) It is designed
for the sole purpose of recreational
travel.
(2) It is not used for the purpose of engaging in business
for profit.
(3) It is not used for the purpose of engaging in intrastate
commerce.
(4) It is not used for the purpose of commerce as defined in
49 C.F.R. 383.5,
as amended.
(5) It is not regulated by the public utilities commission
pursuant to
Chapter 4919., 4921., or 4923. of the Revised Code.
(6) It is classed as one of the following:
(a)
"Travel trailer" means a nonself-propelled
recreational
vehicle that does not exceed an overall length of
thirty-five
feet, exclusive of bumper and tongue or coupling, and
contains
less than three hundred twenty square feet of space when erected
on site.
"Travel trailer"
includes a tent-type fold-out camping
trailer as defined in
section 4517.01 of the Revised Code.
(b)
"Motor home" means a self-propelled recreational
vehicle
that has no fifth wheel and is constructed with
permanently
installed
facilities for
cold storage, cooking and
consuming of
food, and for sleeping.
(c)
"Truck camper" means a nonself-propelled recreational
vehicle that does not have wheels for road use and is designed to
be placed
upon and attached to a motor vehicle.
"Truck camper"
does not
include truck covers that consist of walls and a roof,
but do not
have floors and facilities enabling them to be used as
a dwelling.
(d)
"Fifth wheel trailer" means a vehicle that is of such
size and weight as
to be movable without a special highway
permit,
that has a gross trailer area
of four hundred square
feet or less,
that is constructed with a raised forward
section
that allows a
bi-level floor plan, and that is designed to be
towed by
a vehicle
equipped with a fifth-wheel hitch ordinarily
installed in the bed
of
a truck.
(e)
"Park trailer" means a vehicle that is commonly known as
a park model
recreational vehicle, meets the American national
standard institute standard
A119.5 (1988) for park trailers, is
built on a single chassis, has a gross
trailer area of four
hundred square feet or less when set up, is designed for
seasonal
or temporary living quarters, and may be connected to utilities
necessary for the operation of installed features and appliances.
(R)
"Pneumatic tires" means tires of rubber and fabric or
tires of similar material, that are inflated with air.
(S)
"Solid tires" means tires of rubber or similar elastic
material that are not dependent upon confined air for support of
the load.
(T)
"Solid tire vehicle" means any vehicle that is equipped
with
two or more solid tires.
(U)
"Farm machinery" means all machines and tools that are
used in
the production, harvesting, and care of farm products,
and
includes trailers
that are used to transport agricultural
produce
or agricultural
production materials between a local
place of
storage or supply
and the farm when drawn or towed on a
public
road or highway at a
speed of twenty-five miles per hour
or less.
(V)
"Owner" includes any person
or firm,
other
than a
manufacturer or dealer, that has title to a motor
vehicle,
except that, in sections 4505.01 to 4505.19 of the
Revised
Code,
"owner" includes in addition manufacturers and
dealers.
(W)
"Manufacturer" and
"dealer" include all persons
and
firms that are regularly engaged in the
business
of
manufacturing, selling, displaying, offering for
sale, or
dealing
in motor vehicles, at an established place of
business
that is
used exclusively for the purpose of
manufacturing,
selling,
displaying, offering for sale, or
dealing in motor
vehicles. A
place of business that is used for
manufacturing,
selling,
displaying, offering for sale, or
dealing in motor
vehicles shall
be deemed to be used exclusively
for those purposes
even though
snowmobiles or all-purpose
vehicles are sold or
displayed for
sale
thereat, even though
farm machinery is sold or
displayed
for
sale
thereat, or even
though repair, accessory,
gasoline
and oil,
storage, parts,
service, or paint departments
are
maintained
thereat, or, in any
county having a population of
less than
seventy-five thousand
at the last federal
census,
even
though a department in
a place of business is used to
dismantle,
salvage, or rebuild
motor vehicles by means of used
parts, if
such
departments are
operated for the purpose of
furthering and
assisting in the
business of manufacturing,
selling, displaying,
offering for
sale, or dealing in motor
vehicles. Places of
business or
departments in a place of
business used to
dismantle,
salvage,
or rebuild motor vehicles
by
means of using
used parts
are not
considered as being
maintained
for the purpose
of
assisting or
furthering the
manufacturing,
selling,
displaying,
and offering
for sale or
dealing in motor
vehicles.
(X)
"Operator" includes any person who drives or operates
a
motor vehicle upon the public highways.
(Y)
"Chauffeur" means any operator who operates a motor
vehicle, other than a taxicab, as an employee for hire; or any
operator whether or not the owner of a motor vehicle, other than
a
taxicab, who operates such vehicle for transporting, for gain,
compensation, or profit, either persons or property owned by
another. Any operator of a motor vehicle who is voluntarily
involved in
a ridesharing arrangement is not considered an
employee for hire
or operating such vehicle for gain,
compensation, or profit.
(Z)
"State" includes the territories and federal districts
of
the United States, and the provinces of Canada.
(AA)
"Public roads and highways" for vehicles includes all
public thoroughfares, bridges, and culverts.
(BB)
"Manufacturer's number" means the manufacturer's
original serial number that is affixed to or imprinted upon the
chassis
or other part of the motor vehicle.
(CC)
"Motor number" means the manufacturer's original
number
that is affixed to or imprinted upon the engine or motor
of the
vehicle.
(DD)
"Distributor" means any person who is authorized by a
motor
vehicle manufacturer to distribute new motor vehicles to
licensed
motor vehicle dealers at an established place of
business
that is used
exclusively for the purpose of
distributing new motor
vehicles to licensed motor vehicle
dealers, except when the
distributor also is a new motor vehicle
dealer, in which case the
distributor may distribute at the
location of the
distributor's
licensed dealership.
(EE)
"Ridesharing arrangement" means the transportation of
persons in a motor vehicle where the transportation is
incidental
to another purpose of a volunteer driver and includes
ridesharing
arrangements known as carpools, vanpools, and
buspools.
(FF)
"Apportionable vehicle" means any vehicle that is used
or
intended for use in two or more international registration
plan
member jurisdictions that allocate or proportionally
register
vehicles, that is used for the transportation of persons
for hire
or designed, used, or maintained primarily for the
transportation
of property, and that meets any of the following
qualifications:
(1) Is a power unit having a gross vehicle weight in
excess
of twenty-six thousand pounds;
(2) Is a power unit having three or more axles, regardless
of the gross vehicle weight;
(3) Is a combination vehicle with a gross vehicle weight
in
excess of twenty-six thousand pounds.
"Apportionable vehicle" does not include recreational
vehicles, vehicles displaying restricted plates, city pick-up and
delivery vehicles, buses used for the transportation of chartered
parties, or vehicles owned and operated by the United States,
this
state, or any political subdivisions thereof.
(GG)
"Chartered party" means a group of persons who
contract
as a group to acquire the exclusive use of a
passenger-carrying
motor vehicle at a fixed charge for the
vehicle in accordance with
the carrier's tariff, lawfully on file
with the United
States
department of transportation, for the
purpose of group
travel to a
specified destination or for a
particular itinerary,
either agreed
upon in advance or modified
by the chartered group
after having
left the place of origin.
(HH)
"International registration plan" means a reciprocal
agreement of member jurisdictions that is endorsed by the
American
association of motor vehicle administrators, and that
promotes and
encourages the fullest possible use of the highway
system by
authorizing apportioned registration of fleets of
vehicles and
recognizing registration of vehicles apportioned in
member
jurisdictions.
(II)
"Restricted plate" means a license plate that has a
restriction of time, geographic area, mileage, or commodity, and
includes license plates issued to farm trucks under division (K)
of section 4503.04 of the Revised Code.
(JJ)
"Gross vehicle weight," with regard to any commercial
car, trailer, semitrailer, or bus that is taxed at the rates
established under section 4503.042 of the Revised Code, means the
unladen weight of the vehicle fully equipped plus the maximum
weight of the load to be carried on the vehicle.
(KK)
"Combined gross vehicle weight" with regard to any
combination of a commercial car, trailer, and semitrailer, that
is
taxed at the rates established under section 4503.042 of the
Revised Code, means the total unladen weight of the combination
of
vehicles fully equipped plus the maximum weight of the load to
be
carried on that combination of vehicles.
(LL)
"Chauffeured limousine" means a motor vehicle
that is
designed to carry nine or fewer passengers
and is operated for
hire on an hourly basis pursuant to a prearranged contract for
the
transportation of passengers on public roads and highways
along a
route under the control of the person hiring the vehicle
and not
over a defined and regular route.
"Prearranged contract"
means an
agreement, made in advance of boarding, to provide
transportation
from a specific location in a chauffeured
limousine at a fixed
rate per hour or trip.
"Chauffeured
limousine" does not include
any vehicle that is used exclusively
in the
business of funeral
directing.
(MM)
"Manufactured home" has the same
meaning as in
division
(C)(4)
of section 3781.06 of the Revised Code.
(NN)
"Acquired situs,"
with respect to a manufactured home
or
a mobile home, means to
become located in this state by the
placement of the home
on real property, but does not include the
placement of a
manufactured home or a mobile home in the
inventory
of a new
motor vehicle dealer or the inventory of a
manufacturer,
remanufacturer, or distributor of manufactured or
mobile
homes.
(OO)
"Electronic" includes electrical, digital, magnetic,
optical, electromagnetic, or any other form of technology that
entails
capabilities similar to these technologies.
(PP)
"Electronic record" means a record generated,
communicated,
received, or stored by electronic means for use in
an information system or
for transmission from one information
system to another.
(QQ)
"Electronic signature" means a signature in electronic
form
attached to or logically associated with an electronic
record.
(RR)
"Financial transaction device" has the same meaning as
in
division (A) of section 113.40 of the Revised Code.
(SS)
"Electronic motor vehicle dealer" means a motor vehicle
dealer licensed under Chapter 4517. of the Revised Code whom the
registrar of motor
vehicles determines meets the criteria
designated in section 4503.035 of the Revised Code for
electronic
motor vehicle dealers and designates as an electronic motor
vehicle
dealer under that section.
(TT)
"Limited driving privileges" means the privilege to
operate
a motor vehicle that a court grants under section 4510.021
of the Revised Code to a person
whose driver's or commercial
driver's license or permit or nonresident
operating privilege has
been suspended.
Sec. 4501.022. (A) The registrar of motor vehicles shall
determine the necessary or appropriate method by which written
notice of an order
revoking or suspending a motor vehicle
driver's
or commercial driver's license or requiring the
surrender of a
certificate of registration and registration
plates may be
provided to the person holding the license or the
certificate of
registration and registration plates. Division
(A) of this
section does not apply if the registrar is required
to provide
notification by use of a method specified by law.
(B) Pursuant to rules adopted by the registrar, the bureau
of motor vehicles shall implement proof of mailing procedures to
provide verification that written notice of an order
revoking or
suspending a motor vehicle driver's or commercial driver's
license
or requiring the surrender of a certificate of
registration and
registration plates was sent to the person
holding the license or
the certificate of registration and
registration plates.
Sec. 4501.17. There is hereby created in the state treasury
the
OMVI
OVI fines
fund. The fund shall consist of fine money
received by the state highway
patrol pursuant to
division (A) of
section
4511.99
4511.19 of the Revised Code, and
shall be used by
the state highway patrol to enforce
that section
4511.19 of the
Revised Code and to conduct programs to inform the public of the
dangers
of,
and laws governing, the operation of motor vehicles
while under the influence
of alcohol.
Sec. 4501.19. There is hereby created in the state treasury
the law
enforcement reimbursement fund. The law enforcement
reimbursement fund
shall consist of fees collected by the
registrar of motor
vehicles under
division (A)(6)(5) of section
4503.233 of the Revised Code, and shall be used to make payments
to law
enforcement agencies in accordance with that division.
However,
the director of budget and management may transfer excess
money from the law
enforcement reimbursement fund to the bureau of
motor vehicles fund created in
section 4501.25 of the Revised Code
if the registrar determines that the
amount of money in
the law
enforcement reimbursement fund exceeds the amounts required to be
paid
by division (A)(6)(5) of section 4503.233 of the Revised
Code,
and the registrar
requests the director to make the
transfer. All investment
earnings of the law enforcement
reimbursement fund shall be credited to
the fund.
Sec. 4501.25. There is hereby created in the state treasury
the state bureau
of motor vehicles fund. The fund shall consist
of all money collected by the
registrar of motor vehicles,
including taxes, fees, and fines levied, charged,
or referred to
in Chapters 4501., 4503., 4505., 4506., 4507., 4509.,
4510.,
4511.,
4517., 4519.,
and 4521., and sections 3123.59, 2935.27,
2937.221,
4738.06, 4738.13, and 4738.18 of the Revised Code
unless
otherwise designated by law. The fund shall be used to pay
the expenses of
administering the law relative to the powers and
duties of the registrar of
motor vehicles. All investment
earnings of the fund shall be retained by the
fund.
Sec. 4507.25
4501.34. (A) The registrar of motor vehicles
may
adopt and publish rules to govern
his
the registrar's
proceedings. All proceedings of the registrar shall be open to
the public,
and all documents in
his
the registrar's possession
shall
be
are
public records.
He
The registrar shall adopt a seal
bearing the
inscription: "Motor Vehicle Registrar
of Ohio." The
seal shall be affixed to all writs and
authenticated copies of
records, and, when it has been so
attached,
such
the copies shall
be received in evidence with the
same
effect as other public
records. All courts shall take judicial
notice of the seal.
(B) Upon the request of any person accompanied by a
nonrefundable fee of two dollars per name, the registrar may
furnish lists of names and addresses as they appear upon the
applications for driver's licenses, provided that any further
information contained in the applications shall not be disclosed.
All
The registrar shall pay all the fees collected
shall be
paid
by the registrar into the
state treasury to the credit of the
state bureau of motor vehicles fund
established in section 4501.25
of the Revised Code.
This division does not apply to the list of qualified
driver
licensees required to be compiled and filed pursuant to
section
2313.06 of the Revised Code.
Sec. 4507.26
4501.351. An order, except an order relating
to
a
license as defined in
section 119.01 of the Revised Code,
made
by the registrar of motor vehicles
may
be reversed, vacated,
or
modified by the court of common pleas of Franklin
county, or by
the court of common pleas in the county in which the party
affected is a resident, or in which the matter complained of
arose.
Sec. 4507.27
4501.36. A proceeding to obtain the reversal,
vacation, or modification
of an order of the registrar of motor
vehicles shall be by
appeal,.
Any party to the proceedings before
the registrar
shall file notice of
which shall be filed
the appeal
in the court of common pleas on
or before the expiration
of thirty
days from date of entry of
such
the order, by any
party to the
proceedings before the registrar.
Such. The court shall set
such
the
appeal for
hearing
and take
such
any testimony as is necessary
to
decide the
matter.
At
The court shall give the registrar at
least
ten
days' notice of the time and place of
such
the hearing
shall
be given to the
registrar.
Sec. 4507.28
4501.37. No court may reverse, suspend, or
delay
any order made by the
registrar of motor vehicles, or
enjoin, restrain, or interfere with the
registrar or a deputy
registrar in the performance of official duties, except
as
provided in
sections 4507.01 to 4507.39, inclusive,
this chapter
and Chapter 4507. or
4510. of the Revised Code.
Sec. 4507.29
4501.38. Upon the request of the registrar of
motor vehicles, the
prosecuting attorney of the county in which
any proceedings are
pending, shall
aid in any investigation,
prosecution, hearing, or trial
had
held under
sections
4507.01 to
4507.39,
this chapter or Chapter 4506., 4507.,
4510.,
or
4511. of
the Revised Code, and shall
institute and prosecute
such
any
actions or proceedings for the enforcement of
such
the sections
contained in those chapters, and for the
punishment of all
violations
thereof
of those sections, as the
registrar directs.
Sec. 4503.033. (A) Annually, on or before the
thirty-first
day of January, every deputy registrar shall file
with the
registrar of motor vehicles on a form prescribed by the
registrar,
a statement disclosing all of the following:
(1) The name of the person filing the statement, and, if
applicable, of his spouse and of members of his immediate family;
(2) Any contribution made within the previous calendar
year
by the person and, if applicable, by his spouse and by
members of
his immediate family to each of the following:
(b) Any candidate for the office of governor, attorney
general, secretary of state, treasurer of state, auditor of
state,
member of the senate or house of representatives of the
general
assembly, or to the campaign committee of any such
candidate.
(3) The month, day, and year in which the contribution was
made;
(4) The full name and address of each person, political
party, or campaign committee to which a contribution was made;
(5) The value in dollars and cents of the contribution.
(B) No person shall knowingly fail to file, on or before
the
filing deadline under this section, a statement that is
required
by division (A) of this section.
(C) No person shall knowingly make a false statement in a
statement that is required to be filed under division (A) of this
section.
(D) On and after
the effective date of this amendment
March
2, 1994, the statement required by division (A) of this
section
shall be accompanied by a filing fee of twenty-five
dollars. If
the statement required by division (A) of this
section is not
filed by the date on which it is required to be
filed, the
registrar of motor vehicles shall assess a late filing
fee as
prescribed in division (F) of section 102.02 of the
Revised Code.
The registrar shall deposit all fees he receives
under this
division into the general revenue fund of the state.
(E) Not later than the date a deputy registrar is required
to file a statement under division (A) of this section, the
deputy
registrar shall file a copy of the statement with the
office of
the secretary of state. The secretary of state shall
keep the
copies of all statements filed with his office under
this division
only for the purpose of making them available for
public
inspection.
(F)
Whoever violates division (B) of this section shall
be
fined one thousand dollars. Whoever violates division (C) of this
section shall be fined ten thousand dollars.
Sec. 4503.05.
(A) No person shall use a motor vehicle
registered as
a
noncommercial motor vehicle
as defined in section
4501.01 of the Revised
Code
for other than the purposes set forth
in
that section
4501.01
of the Revised Code.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the fourth degree.
Sec. 4503.061. (A) All manufactured and mobile homes shall
be
listed on either the real property tax list or the manufactured
home tax list of the county in which the home has situs. Each
owner shall follow the procedures in this section to identify
the
home to the county auditor of the county containing the taxing
district in
which the home has situs so that the auditor may place
the home on the
appropriate tax list.
(B) When a manufactured or mobile home first
acquires situs
in this state and is subject to real property
taxation pursuant to
division (B)(1) or (2) of section 4503.06 of
the Revised Code, the
owner shall present to
the auditor of the county containing the
taxing district in
which the home has its situs the certificate of
title for the home, together
with
proof that all taxes due
have
been paid and proof that a relocation
notice was obtained for the
home if required under this
section. Upon receiving the
certificate of title and the required proofs,
the auditor
shall
place the home on the real property tax list and proceed
to treat
the home as other properties on that list. After the auditor has
placed the home on the tax list of
real and public utility
property, the auditor shall deliver the
certificate of title to
the clerk of the court of common pleas
that issued it pursuant to
section 4505.11 of the
Revised Code, and the clerk shall
inactivate the certificate of title.
(C)(1) When a manufactured or mobile home subject to a
manufactured home tax is relocated to or first acquires situs in
any
county that has adopted
a permanent
manufactured home
registration system, as provided in division (F)
of this section,
the owner, within thirty days after the home
is relocated or first
acquires situs under section 4503.06 of the
Revised
Code, shall
register the home with the
county auditor of the county containing
the taxing district in
which the home has its situs. For the
first registration in each
county of situs, the owner or vendee in
possession shall present
to the county auditor an Ohio certificate
of title, certified
copy of the certificate of title, or
memorandum certificate of
title as such are required by law, and
proof, as required by the
county auditor, that the home, if it has
previously
been occupied and is being relocated, has been
previously registered, that all taxes due
and required to be paid
under division
(H)(1) of this section before a
relocation notice
may be issued
have been paid, and that a relocation notice was
obtained for the home if
required by division (H) of this section.
If the owner or vendee does not possess the Ohio certificate of
title, certified copy of the certificate of title, or memorandum
certificate
of title at the time the owner or vendee first
registers the home in a county, the county auditor shall register
the home without presentation of the document, but the owner or
vendee shall present the certificate of title, certified copy of
the certificate of title, or memorandum certificate of title to
the county auditor within fourteen days after the owner or vendee
obtains possession of the document.
(2) When a manufactured or mobile home is registered for the
first
time in a county and when the total tax due has been paid as
required
by division (F) of section 4503.06 of the Revised Code
or
divisions (E) and (H) of this section, the
county treasurer shall
note by writing or by a stamp on the
certificate of title,
certified copy of certificate of title, or
memorandum certificate
of title that the home has
been registered and that the taxes due,
if any, have been
paid for the preceding five years and for the
current year. The treasurer shall then issue a
certificate
evidencing registration and a decal to be displayed
on the street
side of the home. Such certificate is
valid in any county in this
state during the year for which it is
issued.
(3) For each year thereafter, the county treasurer
shall
issue a tax bill stating the amount of
tax due under section
4503.06 of the Revised Code, as provided in division
(D)(6) of
that section. When the
total tax due has been paid as required by
division (F) of
section 4503.06 of the Revised Code, the county
treasurer shall
issue a certificate evidencing registration that
shall be valid
in any county in this state during the year for
which the
certificate is issued.
(4) The permanent decal issued under this division is valid
during the period of ownership, except that when a manufactured
home is relocated in another county the owner shall apply for a
new registration as required by this section and section 4503.06
of the Revised Code.
(D)(1) All owners of manufactured or mobile homes subject to
the
manufactured home tax being relocated to or having situs in a
county
that has not adopted a
permanent registration system, as
provided in division (F) of
this section, shall register the home
within thirty days after the home
is relocated or first acquires
situs under section 4503.06
of the Revised Code and thereafter
shall annually
register the home with the county auditor of the
county containing the taxing district in which the home has its
situs.
(2) Upon the annual registration, the county treasurer
shall issue a tax bill stating
the amount of
annual manufactured
home tax due under section 4503.06
of the Revised Code, as
provided in division (D)(6) of that section. When a
manufactured
or
mobile home is registered and when the tax for the current
one-half year has
been paid as required by division (F) of section
4503.06 of
the Revised Code, the county treasurer shall issue a
certificate
evidencing registration and a decal. Such certificate
and decal
are valid in any county in this state during the year
for which
they are issued. The decal shall be displayed on the
street side
of the home.
(3) For the first annual registration in each county of
situs,
the county auditor shall require the owner or vendee to
present
an Ohio certificate of title, certified copy of the
certificate
of title, or memorandum certificate of title as such
are required
by law, and proof, as required by the county auditor,
that the
manufactured or mobile home has been previously
registered,
if such registration was required, that all taxes due
and required to be paid under division (H)(1) of this section
before a relocation notice may be issued
have been paid, and that
a relocation notice
was obtained for the
home if required by
division (H) of this section.
If the owner or vendee does not
possess the Ohio certificate of
title, certified copy of the
certificate of title, or memorandum certificate
of title at the
time the owner or vendee first
registers the home in a county, the
county auditor shall register
the home without presentation of the
document, but the owner or
vendee shall present the certificate of
title, certified copy of
the certificate of title, or memorandum
certificate of title to
the county auditor within fourteen days
after the owner or vendee
obtains possession of the document.
When
the county treasurer
receives the tax
payment, the county
treasurer shall note by writing or by a
stamp on the certificate
of title, certified copy of the certificate of title,
or
memorandum certificate of title that the home has
been registered
for the current year and that the manufactured home
taxes due, if
any, have
been paid for the preceding five years and for the
current year.
(4) For subsequent annual registrations, the auditor may
require the owner or vendee in possession to present an Ohio
certificate of title, certified copy of the certificate of title,
or memorandum certificate of title to the county treasurer upon
payment of the manufactured home tax that is due.
(E)(1) Upon the application to transfer ownership of a
manufactured or mobile home for which manufactured home taxes are
paid
pursuant to division (C) of section 4503.06 of the Revised
Code the clerk of
the court of common pleas shall not issue any
certificate of title
that does not contain or have attached both
of the following:
(a) An endorsement of the county treasurer stating that
the
home has been registered for each
year of ownership and that all
manufactured home taxes imposed pursuant
to section 4503.06 of the
Revised
Code have been paid or that no tax is due;
(b) An endorsement of the county auditor that the
manufactured home transfer tax imposed pursuant to
section 322.06
of the Revised Code and any fees imposed under
division (F) of
section 319.54 of the Revised Code have been paid.
(2) If all the taxes have not
been paid, the clerk shall
notify the vendee to contact the county
treasurer of the county
containing the taxing district in which
the home has its situs at
the time of the proposed
transfer. The county treasurer shall
then collect all the taxes
that are due for the year of the
transfer and all previous years not exceeding a total of five
years. The county treasurer shall distribute that part of the
collection owed to
the county treasurer of other counties if the
home had its situs in another county during a
particular year when
the unpaid tax became due and payable. The
burden to prove the
situs of the home in the years
that the taxes were not paid is on
the transferor of the home.
Upon payment of such taxes, the
county auditor shall remove all
remaining taxes from the
manufactured home tax list and the delinquent
manufactured home
tax list, and the county treasurer shall release
all liens for
such taxes. The clerk of courts shall issue a
certificate of
title, free and clear of all liens for manufactured
home taxes, to
the transferee of the home.
(3) Once the transfer is complete and the certificate of
title
has been issued, the transferee shall register the
manufactured or mobile
home pursuant to division (C) or (D) of
this section
with the county auditor of the county containing the
taxing
district in which the home remains after the transfer
or,
if the home is relocated to another county, with the county
auditor of the county to which the home is relocated. The
transferee need not pay the annual tax for
the year of acquisition
if the original owner has already paid
the annual tax for that
year.
(F) The county auditor may adopt a permanent registration
system and issue a permanent decal with the first registration as
prescribed by the tax commissioner.
(G) When any manufactured or mobile home required to be
registered by this section is not registered, the county auditor
shall impose
a penalty of
one hundred dollars upon the owner and
deposit the amount to the credit of the
county real estate
assessment fund to be used to pay the costs of
administering this
section and section 4503.06 of the Revised Code. If
unpaid, the
penalty shall constitute a lien on the home and shall be added
by
the county auditor to the manufactured home tax list for
collection.
(H)(1) Before moving a manufactured or mobile home on
public
roads from one address within this
state to another address
within or outside this state, the owner of the
home shall obtain a
relocation notice, as provided by
this section, from the auditor
of the county in which the home is located if
the home is
currently subject to taxation pursuant to section 4503.06 of the
Revised Code. The auditor shall charge five dollars for the
notice, and
deposit the amount to the credit of the county real
estate assessment fund to
be used to pay the costs of
administering this section and section 4503.06
of the Revised
Code. The auditor shall not issue a relocation notice unless
all
taxes owed on the home under section 4503.06 of the
Revised Code
that were first charged to the home during the period
of ownership
of the owner seeking the relocation notice
have been paid. If the
home is being moved by a new owner of the home or
by a party
taking repossession of the home, the auditor shall
not issue a
relocation notice unless all of the taxes due for
the preceding
five years and for the current year have been paid.
A relocation
notice issued by a county auditor is valid until the
last day of
December of the year in which it was issued.
(2) If a manufactured or mobile home is not yet subject to
taxation under
section 4503.06 of the
Revised Code, the owner of
the home shall obtain a
relocation notice from the dealer of the
home. Within thirty days after the
manufactured or mobile home is
purchased, the dealer
of the home shall provide the auditor of the
county in which the
home is to be located written notice of the
name of the purchaser of the
home, the registration number or
vehicle identification number of the
home, and the address or
location to
which the home is to be moved. The county auditor
shall provide to each
manufactured and mobile home dealer, without
charge, a supply of relocation notices to be distributed
to
purchasers pursuant to this section.
(3) The notice shall be in the form of a one-foot
square
yellow sign with the words "manufactured home relocation notice"
printed prominently on it. The name of the owner of the
home, the
home's registration number or vehicle identification number,
the
county and the address or location to which the home
is being
moved, and the county in which
the notice is issued shall also be
entered on the notice.
(4) The relocation notice must be attached to the rear of
the home when the home is being moved on a public road. Except
as
provided in division (H)(5)
of this section, no person shall drive
a motor vehicle moving a
manufactured or mobile home on a public
road from one address to
another address within this state unless
a relocation notice is
attached to the rear of the home.
(5) If the county auditor determines that a
manufactured or
mobile home has been moved without a relocation notice as
required
under this division, the auditor
shall impose a penalty of one
hundred dollars upon the owner of the home and
upon the person who
moved the home and deposit the amount to the credit of
the county
real estate assessment fund to pay the costs of administering this
section and section 4503.06 of the Revised Code.
If the home was
relocated from one county in this state to another
county in this
state and the county auditor of the county to which the
home was
relocated imposes the penalty, that county auditor, upon
collection
thereof, shall cause
an amount equal to the penalty to
be transmitted from the county
real estate assessment fund to the
county auditor of the county
from which the home was relocated,
who shall deposit the amount to
the credit of the county real
estate assessment fund. If the
penalty on the owner is unpaid,
the penalty shall constitute a lien on
the home and
the auditor
shall add the penalty to the manufactured home tax
list for
collection. If the county auditor determines that a dealer that
has
sold a manufactured or mobile home has failed to timely
provide
the information required under this division, the auditor
shall
impose a penalty upon the dealer in the amount of one
hundred
dollars. The penalty shall be credited to the county real
estate assessment fund and used to pay the costs of
administering
this section and section 4503.06 of the
Revised Code.
(I)
Whoever violates division (H)(4) of this section is
guilty of a minor misdemeanor.
Sec. 4503.066. (A)(1) To obtain a reduction in the
assessable value of a manufactured or mobile home under section
4503.065 of
the Revised Code, the owner of the home shall file an
application with the county auditor of the county in which the
home is
located. An application for reduction in
assessable value
based upon a physical disability shall be
accompanied by a
certificate signed by a physician, and an
application for
reduction in assessable value based upon a mental
disability shall
be accompanied by a certificate signed by a
physician or
psychologist licensed to practice in this state.
The certificate
shall attest to the fact that the applicant is
permanently and
totally disabled, shall be in a form that the
department of
taxation requires, and shall include the definition
of totally and
permanently disabled as set forth in section
4503.064 of the
Revised Code. An application for reduction in
assessable value
based upon a disability certified as permanent
and total by a
state or federal agency having the function of so
classifying
persons shall be accompanied by a certificate from
that agency.
(2) Each application shall constitute a continuing
application for a reduction in assessable value for each year in
which the manufactured or mobile home is occupied by the applicant
and in
which the amount of the reduction in assessable value does
not exceed either
the amount or per cent of the
reduction for the
year in which the
application was first filed. Failure to receive
a new
application or notification under division (B) of this
section
after a certificate of reduction has been issued under
section
4503.067 of the Revised Code is prima-facie evidence that
the
original applicant is entitled to the reduction in assessable
value calculated on the basis of the information contained in
the
original application. The original application and any
subsequent
application shall be in the form of a signed statement
and shall
be filed not later than the first Monday in June. The
statement
shall be on a form, devised and supplied by the tax
commissioner,
that shall require no more information than is
necessary to
establish the applicant's eligibility for the
reduction in
assessable value and the amount of the reduction to
which the
applicant is entitled. The form shall contain a
statement that
signing such application constitutes a delegation of authority by
the applicant to the county auditor to examine any financial
records that relate to income earned by the applicant as stated
on
the application for the purpose of determining eligibility
under,
or possible violation of, division (C) or (D) of this
section.
The
form also shall contain a statement that conviction
of
willfully
falsifying information to obtain a reduction in
assessable value
or failing to comply with division (B) of this
section shall
result in the revocation of the right to the
reduction for a
period of three years.
(3) A late application for a reduction in assessable value
for the year preceding the year for which an original application
is filed may be filed with an original application. If the
auditor determines that the information contained in the late
application is correct, the auditor shall determine both the
amount of the reduction in assessable value to which the applicant
would have
been entitled for the current tax year had the
application been
timely filed and approved in the preceding year,
and the amount
the taxes levied under section 4503.06 of the
Revised Code for
the current year would have been reduced as a
result of the
reduction in assessable value. When an applicant is
permanently
and totally disabled on the first day of January of
the year in
which the applicant files a late application, the
auditor, in
making the
determination of the amounts of the
reduction in assessable value
and taxes under division (A)(3) of
this section, is not required
to determine that the applicant was
permanently and totally
disabled on the first day of January of
the preceding year.
The amount of the reduction in taxes pursuant to a late
application shall be treated as an overpayment of taxes by the
applicant. The auditor shall credit the amount of the
overpayment
against the amount of the taxes or penalties then due
from the
applicant, and, at the next succeeding settlement, the
amount of
the credit shall be deducted from the amount of any
taxes or
penalties distributable to the county or any taxing unit
in the
county that has received the benefit of the taxes or
penalties
previously overpaid, in proportion to the benefits
previously
received. If, after the credit has been made, there
remains a
balance of the overpayment, or if there are no taxes or
penalties
due from the applicant, the auditor shall refund that
balance to
the applicant by a warrant drawn on the county
treasurer in favor
of the applicant. The treasurer shall pay the
warrant from the
general fund of the county. If there is
insufficient money in the
general fund to make the payment, the
treasurer shall pay the
warrant out of any undivided manufactured or mobile
home taxes
subsequently received by the treasurer for
distribution to the
county or taxing district in the county that received the benefit
of the overpaid taxes, in proportion to the benefits previously
received, and the amount paid from the undivided funds shall be
deducted from the money otherwise distributable to the county or
taxing district in the county at the next or any succeeding
distribution. At the next or any succeeding distribution after
making the refund, the treasurer shall reimburse the general fund
for any payment made from that fund by deducting the amount of
that payment from the money distributable to the county or other
taxing unit in the county that has received the benefit of the
taxes, in proportion to the benefits previously received. On the
second Monday in September of each year, the county auditor shall
certify the total amount of the reductions in taxes made in the
current year under division (A)(3) of this section to the tax
commissioner who shall treat that amount as a reduction in taxes
for the current tax year and shall make reimbursement to the
county of that amount in the manner prescribed in section
4503.068
of the Revised Code, from moneys appropriated for that
purpose.
(B) If in any year after an application has been filed
under
division (A) of this section the owner no longer qualifies
for the
reduction in assessable value for which the owner was issued a
certificate or qualifies for a reduction that is less than either
the per cent or amount of the reduction to which the owner
was
entitled in the year the application was filed, the owner shall
notify the
county auditor that the owner is not qualified for a
reduction in the
assessable value of the home or file a new
application under division (A) of this section.
During January of each year, the county auditor shall
furnish
each person issued a certificate of reduction in value,
by
ordinary mail, a form on which to report any changes in total
income that would have the effect of increasing or decreasing the
reduction to which the person is entitled, changes in ownership of
the
home, including changes in or revocation of a
revocable inter
vivos trust, changes in disability, and other
changes in the
information earlier furnished the auditor relative
to the
application. The form shall be completed
and returned to
the
auditor not later than the first Monday in June if the
changes
would affect the level of reduction in assessable value.
(C) No person shall knowingly make a false statement for
the
purpose of obtaining a reduction in assessable value under
section
4503.065 of the Revised Code.
(D) No person shall knowingly fail to notify the county
auditor of any change required by division (B) of this section
that has the effect of maintaining or securing a reduction in
assessable value of the home in excess of the
reduction allowed
under section 4503.065 of the Revised Code.
(E) No person shall knowingly make a false statement or
certification attesting to any person's physical or mental
condition for purposes of qualifying such person for tax relief
pursuant to sections 4503.064 to 4503.069 of the Revised Code.
(F)
Whoever violates division (C), (D), or
(E) of this
section is guilty of a misdemeanor of the fourth degree.
Sec. 4503.10. (A) The owner of every snowmobile,
off-highway motorcycle,
and
all-purpose vehicle required to be
registered under section
4519.02 of the Revised
Code shall file an
application
for registration under section 4519.03 of the
Revised
Code. The owner of a motor
vehicle, other than a snowmobile,
off-highway motorcycle, or
all-purpose vehicle, that is not
designed and constructed by the
manufacturer for operation on a
street or highway may not
register it under this chapter except
upon certification of
inspection pursuant to section 4513.02 of
the
Revised
Code by the sheriff, or the chief of
police of the
municipal corporation or township, with jurisdiction
over the
political
subdivision in which the owner of the motor
vehicle
resides.
Except as provided in section 4503.103
of the Revised
Code, every
owner of every other motor vehicle
not previously
described in
this section and every
person mentioned as owner in
the last
certificate of title of a motor vehicle
that
is operated
or driven
upon the public roads or highways shall
cause to be
filed each
year, by mail or otherwise, in the office
of the
registrar of
motor vehicles or a deputy registrar, a
written or
electronic
application or a preprinted registration renewal
notice
issued
under section 4503.102 of the Revised Code, the form of
which
shall be prescribed by the registrar, for registration for
the
following registration year, which shall begin on the first
day of
January of every calendar year and end on the thirty-first
day of
December in the same year. Applications for registration
and
registration renewal notices shall be filed at the times
established by the registrar pursuant to section 4503.101 of the
Revised Code. A motor vehicle owner also may elect to apply for
or renew a
motor
vehicle registration by electronic means using
electronic
signature in
accordance with rules adopted by the
registrar.
Except
as provided in division (J) of this
section,
applications
for registration shall be made on blanks
furnished by
the
registrar for that purpose, containing the
following
information:
(1) A brief description of the motor vehicle to be
registered, including the name of the manufacturer, the factory
number of the vehicle, the year's model, and, in the case of
commercial cars, the gross weight of the vehicle fully equipped
computed in the manner prescribed in section 4503.08 of the
Revised Code;
(2) The name and residence
address of the owner, and the
township and municipal corporation in
which the
owner resides;
(3) The district of registration, which shall be
determined
as follows:
(a) In case the motor vehicle to be registered is used for
hire or principally in connection with any established business
or
branch business, conducted at a particular place, the district
of
registration is the municipal corporation in which that place
is
located or, if not located in any municipal corporation, the
county and township in which that place is located.
(b) In case the vehicle is not so used, the district of
registration is the municipal corporation or county in which the
owner resides at the time of making the application.
(4) Whether the motor vehicle is a new or used motor
vehicle;
(5) The date of purchase of the motor vehicle;
(6) Whether the fees required to be paid for the
registration or transfer of the motor vehicle, during the
preceding registration year and during the preceding period of
the
current registration year, have been paid. Each application
for
registration shall be signed by the owner, either
manually or by
electronic signature, or pursuant to
obtaining a limited power of
attorney authorized by the registrar for
registration, or other
document authorizing such signature. If the owner
elects to apply
for or renew
the motor vehicle registration with the registrar by
electronic
means, the owner's manual signature is not required.
(7) The owner's social security number, if assigned, or,
where a motor vehicle to be registered is used for hire or
principally in connection with any established business, the
owner's federal taxpayer identification number. The bureau of
motor vehicles shall retain in its records all social security
numbers provided under this section, but the bureau shall not
place social security numbers on motor vehicle certificates of
registration.
(B) Each time an applicant first registers a motor
vehicle
in the applicant's name, the
applicant shall present for
inspection a physical
certificate of title or a memorandum
certificate
showing title to
the motor vehicle to be registered in
the name of the
applicant if a physical certificate of title or
memorandum certificate has been issued by a clerk of a court of
common pleas. If, under sections 4505.021, 4505.06, and 4505.08
of the Revised Code, a clerk instead has issued an electronic
certificate of title for the applicant's motor vehicle, that
certificate may be presented for inspection at the time of first
registration in a manner prescribed by rules adopted by the
registrar. When a
motor vehicle inspection and maintenance
program is in effect
under section 3704.14 of the Revised Code and
rules adopted under
it, each application for registration for a
vehicle required to
be inspected under that section and those
rules shall be
accompanied by an inspection certificate for the
motor vehicle
issued in accordance with that section. The
application shall be
refused if any of the following applies:
(1) The application is not in proper form.
(2) The application is prohibited from being accepted by
division (D) of
section 2935.27, division (A) of section 2937.221,
division (A) of
section 4503.13, division (B) of section
4507.168
4510.22,
or division (B)(1) of section 4521.10 of the Revised
Code.
(3) A
certificate of title or memorandum certificate of
title does not
accompany
the application or, in the case of an
electronic certificate of title, is not presented in a manner
prescribed by the registrar's rules.
(4) All registration and transfer fees for the motor
vehicle, for the preceding year or the preceding period of the
current registration year, have not been paid.
(5) The owner or lessee does not have an inspection
certificate for the motor vehicle as provided in section 3704.14
of the Revised Code, and rules adopted under it, if that section
is applicable.
This section does not require the payment of license or
registration taxes on a motor vehicle for any preceding year, or
for any preceding period of a year, if the motor vehicle was not
taxable for that preceding year or period under sections 4503.02,
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the
Revised Code. When a certificate of registration is issued upon
the first registration of a motor vehicle by or on behalf of the
owner, the official issuing the certificate shall indicate the
issuance with a stamp on the certificate of title or memorandum
certificate or, in the case of an electronic certificate of title,
an electronic stamp or other notation as specified in rules
adopted by the registrar, and with a stamp on the inspection
certificate for the motor
vehicle, if any. The official also
shall indicate, by a stamp or
by other means the registrar
prescribes, on the
registration certificate issued upon the first
registration of a
motor vehicle by or on behalf of the owner the
odometer reading
of
the motor vehicle as shown in the odometer
statement included
in
or attached to the certificate of title.
Upon each subsequent
registration of the motor vehicle by or on
behalf of the same
owner, the official also shall so indicate the
odometer reading
of
the motor vehicle as shown on the immediately
preceding
certificate of registration.
The registrar shall include in the permanent registration
record of any vehicle required to be inspected under section
3704.14 of the Revised Code the inspection certificate number
from
the inspection certificate that is presented at the time of
registration of the vehicle as required under this division.
(C) In addition, a charge of twenty-five cents shall be
made
for each reflectorized safety license plate issued, and a single
charge
of twenty-five cents shall be made for each county
identification sticker
or each set of county
identification
stickers issued, as the case may be, to cover the cost
of
producing the license plates and
stickers, including material,
manufacturing, and administrative costs. Those
fees shall be in
addition to the
license tax. If the total cost of producing the
plates is less
than twenty-five cents per plate, or if the total
cost of
producing the stickers is less than twenty-five cents per
sticker or
per set issued, any excess moneys accruing from the
fees shall be distributed
in the same manner as provided by
section 4501.04 of the Revised
Code for the distribution of
license tax moneys. If the total
cost of producing the plates
exceeds twenty-five cents per plate,
or if the total cost of
producing the stickers exceeds
twenty-five cents per sticker or
per set issued, the difference shall
be paid from the
license tax
moneys collected pursuant to section 4503.02 of the
Revised Code.
(D) Each deputy registrar shall be allowed a fee of
two
dollars and
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004, for
each application for
registration and registration
renewal notice
the
deputy registrar receives,
which shall be for
the purpose of
compensating the deputy
registrar for the deputy
registrar's
services, and such
office and rental expenses,
as may
be necessary
for the proper discharge of the deputy registrar's
duties in the
receiving of applications and renewal notices and
the issuing of
registrations.
(E) Upon the certification of the registrar, the county
sheriff or local police officials shall recover license plates
erroneously or fraudulently issued.
(F) Each deputy registrar, upon receipt of any application
for
registration or registration renewal notice, together with the
license fee and any
local motor
vehicle license tax levied
pursuant to Chapter 4504. of the
Revised Code, shall transmit that
fee and tax, if any, in the
manner provided in this section,
together with the original and
duplicate copy of the application,
to the registrar. The
registrar, subject to the approval of the
director of public
safety, may deposit the funds collected by
those deputies in a
local bank or depository to the credit of the
"state of Ohio,
bureau of motor vehicles." Where a local bank or
depository
has been designated by the registrar, each deputy
registrar shall deposit
all moneys collected by the deputy
registrar into that bank
or depository not more than one business
day after their collection and shall
make
reports to the registrar
of the amounts so deposited, together
with any other information,
some of which may be prescribed by
the treasurer of state, as the
registrar may require and as
prescribed by the registrar by rule.
The registrar, within three
days after receipt of notification of
the deposit of funds by a
deputy registrar in a local bank or
depository, shall draw on that
account
in favor of the treasurer
of state. The registrar, subject to
the approval of the director
and the treasurer of state, may make
reasonable rules necessary
for the prompt transmittal of fees and
for safeguarding the
interests of the state and of counties,
townships, municipal
corporations, and transportation
improvement districts levying
local motor vehicle license taxes.
The
registrar may
pay
service
charges usually collected by banks and depositories for
such
service. If deputy registrars are located in
communities where
banking facilities are not available, they shall transmit the
fees
forthwith, by money order or otherwise, as the registrar, by
rule
approved by the director and the treasurer of state, may
prescribe. The registrar may pay the usual and customary fees
for
such service.
(G) This section does not prevent any person from making
an
application for a motor vehicle license directly to the
registrar
by mail, by electronic means, or in person at any of the
registrar's offices, upon payment of a service fee of
two
dollars
and
seventy-five cents
commencing on July 1, 2001,
three dollars
and twenty-five cents commencing on January 1, 2003,
and three
dollars and fifty cents commencing on January 1, 2004,
for each
application.
(H) No person shall make a false statement as to the
district of registration in an application required by division
(A) of this section. Violation of this division is falsification
under section 2921.13 of the Revised Code and punishable as
specified in that section.
(I)(1) Where applicable, the requirements of division (B)
of
this section relating to the presentation of an inspection
certificate issued under section 3704.14 of the Revised Code and
rules adopted under it for a motor vehicle, the refusal of a
license for failure to present an inspection certificate, and the
stamping of the inspection certificate by the official issuing
the
certificate of registration apply to the registration of and
issuance of license plates for a motor vehicle under sections
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,
4503.47, and 4503.51 of the Revised Code.
(2)(a) The registrar shall adopt rules ensuring that each
owner registering a motor vehicle in a county where a motor
vehicle inspection and maintenance program is in effect under
section 3704.14 of the Revised Code and rules adopted under it
receives information about the requirements established in that
section and those rules and about the need in those counties to
present an inspection certificate with an application for
registration or preregistration.
(b) Upon request, the registrar shall provide the director
of environmental protection, or any person that has been awarded
a
contract under division (D) of section 3704.14 of the Revised
Code, an on-line computer data link to registration information
for all passenger cars, noncommercial motor vehicles, and
commercial cars that are subject to that section. The registrar
also shall provide to the director of environmental protection a
magnetic data tape containing registration information regarding
passenger cars, noncommercial motor vehicles, and commercial cars
for which a multi-year registration is in effect under section
4503.103 of the Revised Code or rules adopted under it,
including,
without limitation, the date of issuance of the
multi-year
registration, the registration deadline established
under rules
adopted under section 4503.101 of the Revised Code
that was
applicable in the year in which the multi-year
registration was
issued, and the registration deadline for
renewal of the
multi-year registration.
(J) Application for registration under the international
registration plan, as set forth in sections 4503.60 to 4503.66 of
the Revised Code, shall be made to the registrar on forms
furnished by the registrar. In accordance with international
registration plan guidelines and pursuant to rules adopted by the
registrar, the forms shall include the following:
(1) A uniform mileage schedule;
(2) The gross vehicle weight of the vehicle or combined
gross vehicle weight of the combination vehicle as declared by
the
registrant;
(3) Any other information the registrar requires by
rule.
Sec. 4503.102. (A) The registrar of motor vehicles shall
adopt rules to establish a centralized system of motor vehicle
registration renewal by mail or by electronic means. Any person
owning
a motor vehicle that was registered in the person's name
during the
preceding registration
year shall renew the
registration of the motor vehicle not more than ninety
days prior
to the expiration date of the registration either by
mail or by
electronic means through the
centralized system of registration
established
under this section, or in person at any office of the
registrar or at a deputy registrar's office.
(B)(1) No less than forty-five days prior to the expiration
date of any motor vehicle registration, the registrar shall mail
a
renewal notice to the person in whose name the motor
vehicle is
registered. The renewal notice shall clearly state
that the
registration of the motor vehicle may be renewed by mail
or
electronic means
through the centralized system of registration or
in person at any office
of
the registrar or at a deputy
registrar's office and shall be preprinted
with information
including, but not limited to, the owner's name and
residence
address as shown in the records of the bureau of motor
vehicles, a
brief description of the motor vehicle to be
registered, notice of
the license taxes and fees due on the motor
vehicle, the toll-free
telephone number of the registrar as
required under division
(D)(1) of section 4503.031 of the Revised
Code, and any additional
information the registrar may require by
rule. The renewal notice
shall be sent by regular mail to
the owner's last known address as
shown in the records of the bureau
of motor vehicles.
(2) If the application for
renewal of the registration of a
motor vehicle is prohibited from being
accepted by the registrar
or a deputy registrar by division (D) of section 2935.27, division
(A) of section 2937.221, division (A) of section
4503.13, division
(B) of section
4507.168
4510.22,
or division (B)(1) of section
4521.10 of
the Revised Code, the registrar is
not required to send
a renewal
notice to the vehicle owner or vehicle lessee.
(C) The owner of the motor vehicle shall verify the
information contained in the notice, sign it either manually or by
electronic means, and return it, either by mail or electronic
means, or
the owner may take it in
person to any office of the
registrar or of a deputy registrar,
together with a financial
transaction device number,
when permitted by rule of the
registrar, check, or money order in the amount of the
registration
taxes and fees payable on the motor vehicle and a
mail fee of
two
dollars and
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004, plus
postage as
indicated on the notice, if the registration
is renewed
by mail,
and an inspection certificate for the motor
vehicle as
provided
in section 3704.14 of the Revised Code. If
the motor
vehicle owner chooses
to renew the motor vehicle
registration by
electronic means,
the owner shall proceed in
accordance with the
rules the registrar adopts.
(D) If all registration and transfer fees for the motor
vehicle for the preceding year or the preceding period of the
current registration year have not been paid, if division (D) of
section 2935.27, division (A) of section 2937.221, division (A) of
section 4503.13, division
(B) of section
4507.168
4510.22, or
division
(B)(1) of section
4521.10 of the Revised Code prohibits
acceptance
of the renewal notice, or if
the owner or lessee does
not have an
inspection certificate for the motor
vehicle as
provided in
section 3704.14 of the Revised Code, if
that section
is
applicable, the license shall be refused, and the
registrar or
deputy registrar shall so notify the owner. This
section does not
require the payment of license or registration
taxes on a motor
vehicle for any preceding year, or for any
preceding period of a
year, if the motor vehicle was not taxable
for that preceding year
or period under section 4503.02, 4503.04,
4503.11, 4503.12, or
4503.16 or Chapter 4504. of the Revised
Code.
(E)(1) Failure to receive a renewal notice does not
relieve
a motor vehicle owner from the responsibility to renew the
registration for the motor vehicle. Any person who has a motor
vehicle registered in this state and who does not receive a
renewal notice as provided in division (B) of this section prior
to the expiration date of the registration shall request an
application for registration from the registrar or a deputy
registrar and sign the application
manually or by electronic means
and submit the application and
pay any applicable
license taxes
and fees to the registrar or deputy registrar.
(2) If the owner of a motor vehicle submits an application
for
registration and the registrar is prohibited by division (D)
of
section 2935.27, division (A) of section 2937.221, division (A)
of
section 4503.13, division
(B) of section
4507.168
4510.22, or
division
(B)(1) of section
4521.10 of the Revised Code from
accepting the
application, the registrar
shall return the
application and the
payment to the owner. If the owner of a motor
vehicle
submits a
registration renewal application to the
registrar by electronic
means and the registrar is prohibited from
accepting the
application as provided in this division, the
registrar shall
notify the
owner of this fact and deny the
application and return
the payment or give a
credit on the
financial transaction device
account
of the owner in
the manner
the registrar prescribes by
rule adopted pursuant to division
(A)
of this section.
(F) Every deputy registrar shall post in a prominent place
at the deputy's office a notice informing the public of the
mail
registration system required by this section and also shall post
a
notice that every owner of a motor vehicle and every chauffeur
holding a certificate of registration is required to notify the
registrar in writing of any change of residence within ten days
after the change occurs. The notice shall be in such form as the
registrar prescribes by rule.
(G) The
two dollars and
seventy-five cents fee
collected
from July 1, 2001, through December 31, 2002, the three
dollars
and twenty-five cents fee collected from January 1, 2003,
through
December 31, 2003, and the three dollars and fifty cents
fee
collected after January 1, 2004, plus
postage and any
financial
transaction device
surcharge collected by the registrar
for
registration by mail, shall be paid to the credit of the
state
bureau of motor vehicles fund
established by section 4501.25 of
the Revised Code.
(H) Pursuant to section 113.40 of the Revised Code, the
registrar may implement a program
permitting payment of motor
vehicle registration taxes and fees,
driver's license and
commercial driver's license fees, and any
other taxes, fees,
penalties, or charges imposed or levied by the state
by means of a
financial transaction device.
The registrar may adopt rules as
necessary for this purpose.
(I) For persons who reside in counties where tailpipe
emissions inspections are required under the motor vehicle
inspection and maintenance program, the notice required by
division (B) of this section shall also include the toll-free
telephone number maintained by the Ohio environmental protection
agency to provide information concerning the locations of
emissions testing centers.
Sec. 4503.11. (A) Except as provided by sections
4503.103,
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised
Code, no
person who is the owner or chauffeur of a motor vehicle
operated
or driven upon the public roads or highways shall fail
to file
annually the application for registration or to pay the
tax
therefor.
(B) Except as provided by sections 4503.12 and 4503.16 of
the Revised Code, the taxes payable on all applications made
under
sections 4503.10 and 4503.102 of the Revised Code shall be
the sum
of the tax due under division (B)(1)(a) or (b) of this
section
plus the tax due under division (B)(2)(a) or (b) of this
section:
(1)(a) If the application is made before the second month of
the current registration period to which the motor vehicle is
assigned as provided in section 4503.101 of the Revised Code, the
tax due is the full amount of the tax provided in section 4503.04
of the Revised Code;
(b) If the application is made during or after the second
month of the current registration period to which the motor
vehicle is assigned as provided in section 4503.101 of the
Revised
Code, and prior to the beginning of the next such
registration
period, the amount of the tax provided in section
4503.04 of the
Revised Code shall be reduced by one-twelfth of
the amount of such
tax, rounded upward to the nearest cent,
multiplied by the number
of full months that have elapsed in the
current registration
period. The resulting amount shall be
rounded upward to the next
highest dollar and shall be the amount
of tax due.
(2)(a) If the application is made before the sixth month
of
the current registration period to which the motor vehicle is
assigned as provided in section 4503.101 of the Revised Code, the
amount of tax due is the full amount of local motor vehicle
license taxes levied under Chapter 4504. of the Revised Code;
(b) If the application is made during or after the sixth
month of the current registration period to which the motor
vehicle is assigned as provided in section 4503.101 of the
Revised
Code and prior to the beginning of the next such
registration
period, the amount of tax due is one-half of the
amount of local
motor vehicle license taxes levied under Chapter
4504. of the
Revised Code.
(C)
Whoever violates this section is guilty of a misdemeanor
of
the fourth degree.
Sec. 4503.12.
(A) Upon the transfer of ownership of a motor
vehicle, the registration of the motor vehicle expires and
the
original owner immediately shall remove the license plates
from
the motor vehicle, except that:
(A)(1) If a statutory merger or consolidation results in the
transfer of ownership of a motor vehicle from a constituent
corporation to the surviving corporation, or if the
incorporation
of a proprietorship or partnership results in the
transfer of
ownership of a motor vehicle from the proprietorship
or
partnership to the corporation, the registration shall be
continued upon the filing by the surviving or new corporation,
within thirty days of such transfer, of an application for an
amended certificate of registration, unless such registration is
prohibited by division (D) of section 2935.27, division (A) of
section
2937.221, division (B) of section
4507.168
4510.22, or
division
(B)(1) of section
4521.10 of the Revised
Code. The
application
shall be accompanied by a service fee of
two dollars
and
seventy-five cents
commencing on July 1, 2001, three
dollars
and
twenty-five cents commencing on January 1, 2003, and
three
dollars
and fifty cents commencing on January 1, 2004, a
transfer
fee of
one dollar,
and the original certificate of
registration.
Upon a
proper
filing, the registrar of motor
vehicles shall issue
an
amended
certificate of registration in the
name of the new
owner.
(B)(2) If the death of the owner of a motor vehicle results
in
the transfer of ownership of the motor vehicle to the
surviving
spouse of the owner or if a motor vehicle is owned by
two persons
under joint ownership with right of survivorship
established under
section 2106.17 of the Revised Code and one of
those persons dies,
the registration shall be continued upon the
filing by the
surviving spouse of an application for an amended
certificate of
registration, unless such registration is
prohibited by division
(D) of section 2935.27,
division (A) of section
2937.221, division
(A) of section 4503.13, division
(B) of section
4507.168
4510.22,
or
division (B)(1) of section
4521.10 of the
Revised
Code. The
application shall be accompanied by a service fee of
two dollars
and
seventy-five cents
commencing on July 1, 2001,
three dollars
and twenty-five cents commencing on January 1, 2003,
and three
dollars and fifty cents commencing on January 1, 2004, a
transfer
fee of one dollar,
the original certificate of
registration, and,
in relation to a
motor vehicle that is owned by
two persons under
joint ownership
with right of survivorship
established under
section 2106.17 of
the Revised Code, by a copy
of the certificate
of title that
specifies that the vehicle is
owned under joint
ownership with
right of survivorship. Upon a
proper filing, the
registrar shall
issue an amended certificate of
registration in
the name of the
surviving spouse.
(C)(3) If the original owner of a motor vehicle that has
been
transferred makes application for the registration of another
motor vehicle at any time during the remainder of the
registration
period for which the transferred motor vehicle was
registered, the
owner, unless such registration is prohibited by
division (D) of
section 2935.27, division (A) of section 2937.221, division
(A) of
section 4503.13, division
(E)(D) of section 4503.234,
division (B)
of
section
4507.168
4510.22, or division (B)(1) of section 4521.10
of the
Revised
Code, may file an application for transfer of the
registration
and, where applicable, the license plates,
accompanied by a
service fee of
two dollars and
seventy-five
cents
commencing on July 1, 2001, three dollars and
twenty-five
cents commencing on January 1, 2003, and three dollars
and fifty
cents commencing on January 1, 2004, a transfer fee
of
one dollar,
and the original certificate of registration. The
transfer of the
registration and, where applicable, the license
plates from the
motor vehicle for which they originally were
issued to a
succeeding motor vehicle purchased by the same person
in whose
name the original registration and license plates were
issued
shall be done within a period not to exceed thirty days.
During
that thirty-day period, the license plates from the motor
vehicle
for which they originally were issued may be displayed on
the
succeeding motor
vehicle, and the succeeding motor vehicle may
be
operated on the public roads
and highways in this state.
At the time of application for transfer, the registrar shall
compute and collect the amount of tax due on the succeeding motor
vehicle, based upon the amount that would be due on a new
registration as of the date on which the transfer is made less a
credit for the unused portion of the original registration
beginning on that date. If the credit exceeds the amount of tax
due on the new registration, no refund shall be made. In
computing the amount of tax due and credits to be allowed under
this division, the provisions of division (B)(1)(a) and (b) of
section 4503.11
of the Revised Code shall apply. As to passenger
cars,
noncommercial vehicles, motor homes, and motorcycles,
transfers
within or between these classes of motor vehicles only
shall be
allowed. If the succeeding motor vehicle is of a
different class
than the motor vehicle for which the registration
originally was
issued, new license plates also shall be issued
upon the
surrender of the license plates originally issued and
payment of
the fees
provided in divisions (C) and (D) of section
4503.10 of the
Revised Code.
(D)(4) The owner of a commercial car having a gross vehicle
weight or combined gross vehicle weight of more than ten thousand
pounds may transfer the registration of that commercial car to
another commercial car the owner owns without transferring
ownership
of
the first commercial car, unless registration of the
second
commercial car is prohibited by division (D) of section
2935.27, division (A)
of section 2937.221, division (A) of section
4503.13,
division (B) of section
4507.168
4510.22, or division
(B)(1) of
section 4521.10
of the Revised Code. At any time during
the
remainder of the
registration period for which the first
commercial car was
registered, the owner may file an application
for the transfer of
the registration and, where applicable, the
license plates,
accompanied by a service fee of
two dollars and
seventy-five
cents
commencing on July 1, 2001, three
dollars and
twenty-five cents commencing on January 1, 2003, and
three dollars
and fifty cents commencing on January 1, 2004, a
transfer fee of
one dollar, and the certificate of
registration of
the first
commercial car. The amount of any tax
due or credit to
be allowed
for a transfer of registration under
this division
shall be
computed in accordance with division
(C)(A)(3)
of this section.
No commercial car to which a registration is transferred
under this division shall be operated on a public road or highway
in this
state until after the transfer of registration is
completed in
accordance with this division.
(E)(5) Upon application to the registrar or a deputy
registrar,
a person who owns or leases a
motor vehicle may
transfer
special
license plates assigned to that vehicle to any
other
vehicle that
the person owns or leases or that is owned or
leased by the
person's spouse. The application shall be
accompanied by a
service fee of
two dollars and
seventy-five
cents
commencing on
July 1, 2001, three dollars and twenty-five
cents
commencing on
January 1, 2003, and three dollars and fifty
cents
commencing on
January 1, 2004, a transfer fee of one dollar,
and
the original
certificate of registration. As appropriate,
the
application also
shall be accompanied by a power of attorney
for
the registration
of a leased vehicle and a written statement
releasing the special
plates to the applicant. Upon a proper
filing, the registrar or
deputy registrar shall assign the
special
license plates to the
motor vehicle owned or leased by
the
applicant and issue a new
certificate of registration for
that
motor vehicle.
(B) Whoever violates this section is guilty of a misdemeanor
of the fourth degree.
(C) As used in division
(E)(A)(5) of this section, "special
license
plates" means either of the following:
(1) Any license plates for which the person to whom the
license plates are issued must pay an additional fee in excess of
the fees prescribed in section 4503.04 of the Revised Code,
Chapter 4504. of the Revised Code, and the service fee prescribed
in division (D) or (G) of section 4503.10 of the Revised Code;
(2) License plates issued under section 4503.44 of the
Revised Code.
Sec. 4503.182. (A) A purchaser of a motor
vehicle, upon
application and proof of purchase of the vehicle, may be
issued
a
temporary license placard or windshield sticker for the
motor
vehicle.
The purchaser of a vehicle applying for a temporary license
placard or windshield sticker under this section shall execute an
affidavit stating that the purchaser has not been
issued
previously
during the
current registration year a license plate
that could
legally be transferred to
the vehicle.
Placards or windshield stickers shall be issued only for
the
applicant's use of the vehicle to enable
the
applicant to legally
operate the motor vehicle while proper title,
license plates, and
a certificate of registration
are being obtained, and shall be
displayed on no
other motor vehicle.
Placards or windshield stickers issued under this section
are
valid for a period of thirty days from date of
issuance
and are
not transferable or renewable.
The fee for
the placards or windshield stickers is
two
dollars plus a
deputy registrar service fee of
two dollars and
seventy-five
cents
commencing on July 1, 2001, three dollars and
twenty-five
cents
commencing on January 1, 2003, and three dollars
and fifty
cents
commencing on January 1, 2004, for
each
placard
issued
by a
deputy registrar.
(B) The registrar of motor vehicles may issue to a
motorized
bicycle dealer or a licensed motor vehicle dealer
temporary
license placards to be issued to purchasers for use on
vehicles
sold by the
dealer, in accordance with
rules
prescribed
by the
registrar. The dealer shall notify the
registrar, within
forty-eight hours, of
the issuance
of a
placard by
electronic
means via computer
equipment purchased and
maintained by the
dealer or in any other
manner prescribed by the
registrar.
The fee for each
placard issued by the registrar to
a
licensed motor vehicle dealer is
two dollars plus a fee of
two
dollars and
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004.
(C) The registrar of motor vehicles, at the
registrar's
discretion, may issue a temporary license placard. Such a
placard
may
be issued in the case of extreme hardship encountered by a
citizen from this state or another state who has attempted to
comply with all registration laws, but for extreme circumstances
is unable to properly register the citizen's vehicle.
(D) The registrar shall adopt
rules, in accordance with
division (B) of section 111.15 of the
Revised Code, to specify the
procedures for reporting the
information from applications for
temporary license placards
and windshield stickers and for
providing the information from these
applications to law
enforcement agencies.
(E) Temporary license
placards issued under this section
shall bear a distinctive combination of
seven
letters, numerals,
or letters and numerals, and shall incorporate
a security feature
that, to the greatest degree possible, prevents tampering
with any
of the information that is entered upon a placard when it is
issued.
(F)
Whoever violates division (A) of this section is guilty
of a misdemeanor of the fourth degree. Whoever violates division
(B) of this section is guilty of a misdemeanor of the first
degree.
(G) As used in this section, "motorized bicycle dealer"
means
any person engaged in the business of selling at retail,
displaying, offering for sale, or dealing in motorized bicycles
who is not subject to section 4503.09 of the Revised Code.
Sec. 4503.19.
(A) Upon the filing of an application for
registration and the payment of the tax for
registration, the
registrar
of motor vehicles or a deputy registrar shall determine
whether the owner
previously has
been issued license plates for
the motor vehicle
described in the application. If no license
plates previously have
been
issued to the owner for that motor
vehicle, the registrar or deputy registrar
shall assign to the
motor vehicle a distinctive number and issue
and deliver to the
owner in the manner
that the registrar may
select a certificate of
registration, in the form
that the
registrar shall
prescribe, and,
except as otherwise provided in this section, two
license plates,
duplicates of each other, and a validation
sticker, or a
validation
sticker alone, to be attached to the number plates as
provided in section
4503.191 of the Revised Code. The registrar
or deputy registrar also shall
charge the owner any fees required
under division (C) of section 4503.10 of
the Revised Code.
Trailers, manufactured homes, mobile homes,
semitrailers, the
manufacturer thereof, the
dealer, or in transit companies therein,
shall be issued one
license plate only and one validation sticker,
or a validation sticker
alone, and the license plate and
validation sticker shall
be displayed
only on the rear of such
vehicles. A commercial tractor that
does not receive an
apportioned license plate under the
international registration
plan shall be issued two license
plates and one validation
sticker, and the
validation sticker shall be displayed on the
front of the
commercial tractor. An apportioned vehicle receiving
an
apportioned
license plate under the international registration
plan shall be
issued one license plate only and one validation
sticker, or a validation
sticker alone; the license plate shall be
displayed only on the front of
a semitractor and on the rear of
all other vehicles. School
buses shall not be issued license
plates but shall bear
identifying numbers in the manner prescribed
by section 4511.764
of the Revised Code. The certificate of
registration and license plates and
validation stickers, or
validation stickers
alone, shall be issued and delivered to the
owner in person or by
mail. Chauffeured limousines shall be
issued license plates, a
validation sticker, and a livery sticker
as provided in section
4503.24 of the Revised Code. In the event
of the loss,
mutilation, or destruction of any certificate of
registration, or
of any license plates or validation stickers, or
if
the owner
chooses to replace license plates previously issued
for a motor vehicle,
or if the registration certificate and
license plates have been
impounded as
provided by division
(F)(B)(1) of section 4507.02 and
division
(A)(4) of section
4507.16 of the Revised Code, the owner of
a motor
vehicle, or
manufacturer or dealer, may obtain from the
registrar, or from a
deputy registrar if authorized by the registrar, a
duplicate
thereof or new license plates bearing a different number, if the
registrar
considers it advisable, upon filing an application
prescribed by the
registrar, and upon paying a fee of one dollar
for such certificate of
registration, a fee of two dollars for
each set of two
license plates, or one dollar for each single
license plate or
validation sticker. In addition, each applicant
for a replacement
certificate of
registration, license plate, or
validation sticker shall pay the fees provided
in divisions (C)
and (D) of section 4503.10 of the Revised Code.
Additionally, the registrar and each deputy registrar who
either issues license plates and a validation sticker for use on
any vehicle other than a
commercial tractor, semitrailer, or
apportioned vehicle, or who issues
a validation sticker alone for
use on such a vehicle and the owner
has changed the owner's county
of residence since the
owner last was issued county
identification
stickers, also shall issue and deliver to the
owner either one or
two county identification stickers, as appropriate,
which shall be
attached to the
license plates in a manner
prescribed by the
director of public safety. The county
identification stickers
shall identify prominently
by name or number
the county in which
the owner of the vehicle resides at the time of
registration.
(B)
Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4503.21.
(A) No person who is the owner or operator of
a
motor vehicle shall fail to display in plain view on the front
and rear of the motor vehicle the distinctive number and
registration mark, including any county identification sticker
and
any validation sticker issued under sections 4503.19 and
4503.191
of the Revised Code, furnished by the director of public
safety,
except that a manufacturer of motor vehicles or dealer
therein,
the holder of an in transit permit, and the owner or
operator of a
motorcycle, motorized bicycle, manufactured home,
mobile home,
trailer, or semitrailer shall display on the rear
only. A motor
vehicle that is issued two license plates shall
display the
validation sticker only on the rear license plate, except that a
commercial tractor that does not receive an apportioned license
plate
under the international registration plan shall
display the
validation sticker on the front of the
commercial tractor. An
apportioned vehicle receiving an apportioned license plate under
the international registration plan shall display the license
plate
only on the front of a commercial tractor and on the rear
of
all other vehicles. All license plates shall be securely
fastened
so as not to swing, and shall not be covered by any material that
obstructs their visibility.
No person to whom a temporary license placard or windshield
sticker has been issued for the use of a motor vehicle under
section 4503.182 of the Revised Code, and no operator of
that
motor vehicle, shall fail to display the
temporary license
placard
in plain view from the rear of the vehicle either in the
rear
window or on an external rear surface of the motor vehicle,
or
fail to display the windshield sticker in plain view on
the rear
window of the motor vehicle. No temporary license
placard or
windshield sticker shall be covered by any material
that obstructs
its visibility.
(B)
Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4503.231.
(A) No motor vehicle registered in the name
of
a person whose certificate of registration and identification
license plates have been impounded as provided by division
(F)(B)(1)
of section 4507.02 of the Revised Code, shall be
operated
or
driven on any highway in this state unless it displays
identification
restricted license plates
which
that are a
different color from
those regularly issued and carry a special
serial number that may
be readily identified by law enforcement
officers. The registrar
of motor vehicles shall designate the
color and serial number to
be used on
such
restricted license
plates, which shall remain
the same from
year to year and shall
not be displayed on any other motor
vehicles.
The bureau of motor vehicles shall adopt rules providing
for
the decentralization of the issuance of
identification
restricted
license plates under this section. The rules shall provide for
the issuance of the
identification
restricted license plates by
at
least one
agency in each county.
No person operating a motor vehicle displaying restricted
license plates
as described in this division shall knowingly
disguise or obscure the color of
the restricted plate.
(B) If a person has been granted
limited driving privileges
with a condition of the privileges
being that the person must
display on the vehicle that is driven
under the privileges
restricted license plates that are described
in this section, all
of the following apply:
(1) If a motor vehicle to be driven under the limited
driving
privileges is owned by the person's employer and if the
person is
required to operate that motor vehicle in the course and
scope of the
person's employment, the person may operate that
vehicle without
displaying on that vehicle restricted license
plates that are
issued under this section if the employer has been
notified that
the person has limited driving
privileges and of the
nature of the
restriction and if the person has proof of the
employer's notification in the
person's possession
while operating
the employer's vehicle for normal business duties. A motor
vehicle owned by a
business that is partly or entirely owned or
controlled by the
person with the limited driving privileges is
not a motor vehicle
owned by an employer, for purposes of this
division.
(2) If a motor vehicle to be driven under the limited
driving
privileges is registered in a state other than this state,
instead of
displaying on that vehicle restricted license plates
that are issued
under this section, the person with the limited
driving privileges
shall display on the vehicle a decal, as
prescribed by the
registrar of motor vehicles, that states that
the vehicle is
subject to limited driving privileges in this state
and that
describes the restriction. The decal shall be displayed
on the
bottom left corner
of the back window of the vehicle or, if
there
is no back window, on the bottom left corner of the
windshield of the vehicle. The bureau of motor
vehicles shall
adopt rules providing for the decentralization of the issuance of
the decals described
in this division, with the rules providing
for the issuance of the
decals by at least one agency in each
county.
(C) Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4503.233. (A)(1)
As used in this section, "vehicle
owner" means either of the following:
(a) The person in whose name is registered, at the time of
the offense, a
vehicle that is subject to an immobilization order
issued under division
(A)(2) of this section;
(b) A person to whom, at the time of the offense, the
certificate of title
to
a vehicle has been assigned and who has
not obtained a certificate of title to
the vehicle in that
person's name but who is deemed by the court as being the
owner of
the vehicle at the time of the offense for which the vehicle is
subject to an immobilization order issued under
division (A)(2) of
this section.
(2) If a court is required to order the immobilization of
a
vehicle for a specified period of time pursuant to
division
(B)(1)
or (2), (C)(1) or (2), or (E)(1) of section 4507.99,
pursuant to
division (A)(2)(b),, (6)(b), or (7)(b) of section 4511.99,
pursuant to division (B)(1) or (2) or (C)(1) or (2) of section
4507.361, or pursuant to division (B)(2)(i) or
(ii) of section
4510.11,
4510.14,
4510.16,
4510.41,
4511.19, 4511.193,
or
4511.203
of the Revised Code, the court
shall issue
an immobilization
order, subject to section 4503.235
of the Revised Code, in
accordance with this division and for the
period of time specified
in the particular
division
section, and
the immobilization
under
the order shall be in accordance with this
section. The court, at
the time of sentencing the offender for
the offense relative to
which the immobilization order is issued
or as soon thereafter as
is practicable, shall give a copy of the
order to the offender or
the offender's counsel
and to the
vehicle owner or the vehicle
owner's counsel. The court
promptly shall send a copy of the
order
to the registrar on a form prescribed
by the registrar and
to the
person or agency it designates to execute the
order.
The order shall indicate the date on which it is issued,
shall identify the vehicle that is subject to the order, and
shall
specify all of the following:
(a) The period of the immobilization;
(b) The place at which the court determines that the
immobilization shall be carried out, provided that the court
shall
not determine and shall not specify that the immobilization
is to
be carried out at any place other than a commercially
operated
private storage lot, a place owned by a law enforcement
or other
government agency, or a place to which one of the
following
applies:
(i) The place is leased by or otherwise under the control
of
a law enforcement or other government agency.
(ii) The place is owned by the offender, the offender's
spouse, or a parent or child of the offender.
(iii) The place is owned by a private person or entity,
and,
prior to the issuance of the order, the private entity or
person
that owns the place, or the authorized agent of that
private
entity or person, has given express written consent for
the
immobilization to be carried out at that place.
(iv) The place is a public street or highway on which the
vehicle is parked in accordance with the law.
(c) The person or agency designated by the court to execute
the order,
which shall be either the law enforcement agency that
employs the
law enforcement officer who seized the vehicle, a
bailiff of the court, another person the court determines to be
appropriate to execute the order, or the law enforcement agency
with jurisdiction over the place of residence of the vehicle
owner;
(d) That neither the registrar nor a deputy registrar will
be permitted to
accept an application for the license plate
registration of any motor vehicle
in the name of the vehicle owner
until the immobilization fee is paid.
(3)(2) The person or agency the court designates to
immobilize the vehicle shall seize or retain that vehicle's
license plates
and forward them to the bureau of motor vehicles.
(4)(3) In all cases, the
vehicle owner
offender
shall be
assessed
an immobilization fee of one hundred dollars, and the
immobilization fee shall be paid to the registrar before
the
vehicle may be released to the
vehicle owner
offender
Neither the
registrar
nor a deputy registrar shall accept an application for
the registration of any
motor vehicle in the name of the
vehicle
owner
offender until
the immobilization fee is
paid.
(5)(4) If the vehicle subject to the order is
immobilized
pursuant to the order and is found being operated
upon any street
or highway in this state during the
immobilization period, it
shall be seized, removed from the street
or highway, and
criminally forfeited and disposed of
pursuant to section 4503.234
of the Revised Code.
(6)(5) The registrar shall deposit the immobilization fee
into the law
enforcement reimbursement fund created by section
4501.19 of the Revised
Code. Money in the fund shall be expended
only as provided in division
(A)(6)(5) of this section. If the
court designated in the
order a court bailiff or another
appropriate person other than a
law enforcement officer to
immobilize the vehicle, the amount of the
fee deposited into the
law enforcement reimbursement fund shall
be paid out to the county
treasury if the court that issued the order
is a county court, to
the treasury of the municipal corporation
served by the court if
the court that issued the order is a
mayor's court, or to the city
treasury of the legislative
authority of the court, both as
defined in section 1901.03 of the
Revised Code, if the court that
issued the order is a municipal
court. If the court designated a
law enforcement agency to
immobilize the vehicle and if the law
enforcement agency immobilizes the
vehicle, the amount of the fee
deposited into the law enforcement
reimbursement fund shall be
paid out to the law enforcement agency
to reimburse the agency for
the costs it incurs in
obtaining immobilization equipment and, if
required, in sending
an officer or other person to search for and
locate the vehicle
specified in the immobilization order and to
immobilize the
vehicle.
In addition to the immobilization fee required to be paid
under division (A)(4)(3) of this section, the
vehicle
owner
offender
may be charged expenses or charges incurred in the
removal and storage of the
immobilized vehicle.
(B) If a court issues an immobilization
order under division
(A)(2)(1) of this section, the person or
agency designated by the
court to execute the immobilization order
promptly shall
immobilize or continue the immobilization of the
vehicle at the
place specified by the court in the order. The registrar shall
not authorize the release of the vehicle or authorize the issuance
of new
identification license plates for the vehicle at the
end of
the immobilization period until the immobilization
fee has been
paid.
(C) Upon receipt of the license plates for a vehicle under
this section, the
registrar shall destroy the license plates. At
the end
of the immobilization period and upon the payment of the
immobilization fee
that must be paid under this section, the
registrar shall authorize the
release of the vehicle
and authorize
the issuance, upon the payment of the same fee as
is required for
the replacement of lost, mutilated, or destroyed
license plates
and certificates of registration,
of new license plates and, if
necessary, a new
certificate of registration to the
vehicle owner
offender for
the vehicle
in question.
(D)(1) If a court issues an immobilization order under
division (A) of this
section, the immobilization period
commences
on the day on which the vehicle in question is
immobilized. If
the
vehicle in question had been seized under section
4507.38
4510.41
or 4511.195 of the Revised Code, the time between the
seizure and the beginning of the immobilization period shall be
credited
against the immobilization period
specified in the
immobilization order issued under
division (A) of this section.
No
vehicle that is
impounded
immobilized
under this section is
eligible to have
special
restricted
license plates
of the type
described in
under section 4503.231 of the Revised Code issued for
that vehicle.
(2) If a court issues an immobilization order under division
(A) of this
section, if the vehicle
subject to the order is
immobilized under the order, and if the
vehicle is found being
operated upon any street or highway of
this state during the
immobilization period, it
shall be seized, removed from the street
or highway, and criminally
forfeited, and disposed of pursuant to
section
4503.234 of the Revised Code. No vehicle that is
forfeited under
this provision shall be considered contraband for
purposes of
section 2933.41, 2933.42, or 2933.43 of the Revised
Code, but
shall be held by the law enforcement agency that employs
the
officer who seized it for disposal in accordance with section
4503.234 of the Revised Code.
(3) If a court issues an immobilization order under division
(A) of this
section, and if the vehicle is not
claimed within
seven days after the end of the period of
immobilization or if the
vehicle owner
offender has not paid the
immobilization fee, the
person or agency that immobilized
the vehicle shall send a written
notice to the
vehicle
owner
offender at the
vehicle owner's
offender's last
known address informing
the
vehicle owner
offender
of the date on which the period of
immobilization
ended, that the
vehicle owner
offender has twenty days
after the date of the
notice
to pay the immobilization fee and
obtain the release of the
vehicle, and that if
the
vehicle owner
offender does not pay the
fee and obtain the
release of the vehicle within that twenty-day
period, the vehicle
will be forfeited under section 4503.234 of
the Revised
Code to the entity that is entitled to the
immobilization fee.
(4) An
owner of a
offender whose motor vehicle
that is
subject to an
immobilization order issued under division (A)
of
this section shall not sell the motor vehicle without approval
of
the court that issued the order. If such an
owner
offender wishes
to sell the motor vehicle during the
immobilization
period, the
owner
offender shall apply to the court that
issued the
immobilization order for
permission to assign the title to the
vehicle. If the court
is satisfied that the sale will be in good
faith and not for the purpose of
circumventing the provisions of
division (A)(2)(1) of this
section, it may certify its consent to
the
owner
offender and to
the registrar. Upon
receipt of the
court's consent, the registrar shall enter the court's notice
in
the
owner's
offender's vehicle license plate registration
record.
If, during a period of immobilization under an immobilization
order issued
under division (A) of this section, the title to the
immobilized motor
vehicle is transferred by the foreclosure of a
chattel mortgage, a sale upon execution, the cancellation of a
conditional sales contract, or an order of a court, the involved
court shall notify the registrar of the
action, and the registrar
shall enter the court's notice in the
owner's
offender's
vehicle
license plate registration record.
Nothing in this section shall be construed as requiring the
registrar or the
clerk of the court of common pleas to note upon
the certificate of title
records any prohibition regarding the
sale of a motor vehicle.
(5) If the title to a motor vehicle that is subject to an
immobilization order under division (A) of this
section is
assigned or transferred without court approval between
the time of
arrest of the
person who was operating the vehicle at
the time of
offender who committed the offense for which such an
order is to
be issued
and the time of the actual immobilization of the
vehicle, the court
shall order that, for a period of two years
from the date of the
order, neither the registrar nor any deputy
registrar shall
accept an application for the registration of any
motor vehicle
in the name of the
owner of the
offender whose
vehicle
that was assigned or
transferred without court approval.
The court shall notify the
registrar of the order on a form
prescribed by the registrar for
that purpose.
(E)(1) The court with jurisdiction over the case, after
notice to all interested parties including lienholders, and after
an opportunity for them to be heard, if the
vehicle owner
offender
fails
to appear in person, without good cause, or if the court
finds
that the
vehicle owner
offender does not intend to seek
release
of the
vehicle at the end of the period of immobilization
or that the
vehicle owner
offender is not or will not be able to
pay the
expenses and
charges incurred in its removal and storage,
may order that title
to the vehicle be transferred, in order of
priority, first into
the name of the entity entitled to the
immobilization fee under
division (A)(6)(5) of this section, next
into the name of a
lienholder, or lastly, into the name of the
owner of the place of
storage.
A lienholder that receives title under a
court order shall do
so on the condition that it pay any expenses or
charges incurred
in the vehicle's removal and storage. If the entity that
receives
title to the vehicle is the entity that is entitled to the
immobilization fee under division (A)(6)(5) of this section,
it
shall
receive title on the condition that it pay any lien on the
vehicle.
The court shall not order that title be transferred to
any person or entity
other than the owner of the place of storage
if the person or
entity refuses to receive the title. Any person
or entity that
receives title may either keep title to the vehicle
or may
dispose of the vehicle in any legal manner that it
considers
appropriate, including assignment of the certificate of
title to
the motor vehicle to a salvage dealer or a scrap metal
processing
facility. The person or entity shall not transfer
the
vehicle to the person who is the vehicle's
immediate previous
owner.
If the person or entity assigns the motor vehicle to a
salvage dealer or
scrap
metal processing facility, the person or
entity shall send the assigned
certificate of title to the motor
vehicle to the clerk of the court of common
pleas of the county in
which the salvage dealer or scrap metal processing
facility is
located. The person or entity shall mark the face of the
certificate of title with the words "FOR DESTRUCTION" and shall
deliver a photocopy of the certificate of title to the salvage
dealer or scrap
metal processing facility for its records.
(2) Whenever a court issues an order under division (E)(1)
of this
section, the court also shall order removal of the license
plates
from the vehicle and cause them to be sent to the registrar
if
they have not already been sent to the registrar. Thereafter,
no further
proceedings shall take place under this section, but
the
vehicle
owner
offender remains liable for payment of the
immobilization fee
described in division (A)(4)(3) of this section
if an
immobilization
order previously had been issued by the
court.
(3) Prior to initiating a proceeding under division (E)(1)
of this section, and upon payment of the fee under division (B) of
section
4505.14 of the Revised Code, any interested party may
cause
a search to be made of the public records of the bureau of
motor vehicles or the clerk of the court of common pleas, to
ascertain the identity of any lienholder of the vehicle. The
initiating party shall furnish this information to the clerk of
the court with jurisdiction over the case,
and the clerk shall
provide notice
to the vehicle owner, the defendant, any
lienholder, and any
other interested parties listed by the
initiating party, at the
last known address supplied by the
initiating party, by certified
mail or, at the option of the
initiating party, by personal
service or ordinary mail.
As used in this section, "interested party" includes the
vehicle owner
offender, all lienholders,
the defendant,
the owner
of the
place of storage, the person or entity that caused the
vehicle to
be removed, and the person or entity, if any, entitled
to the
immobilization fee under division (A)(6)(5) of this
section.
Sec. 4503.234. (A)
As used in this section, "vehicle
owner"
means the person in whose name is registered a vehicle
that is
subject to an order of forfeiture issued under this
section.
(B) If a court is required by section 4503.233, 4503.236,
4507.361,
4507.99,
4510.11, 4510.14, 4510.16, 4510.41, 4511.19,
4511.193,
or
4511.99
4511.203 of the Revised Code to order the
criminal forfeiture of a vehicle, the order shall be
issued and
enforced in accordance with this division, subject to
division
(C)(B) of this section
and section 4503.235 of the
Revised
Code.
An
order of criminal forfeiture issued under this division
shall
authorize an appropriate law enforcement agency to seize
the
vehicle ordered criminally forfeited upon the terms and
conditions
that the
court determines proper. No vehicle ordered criminally
forfeited
pursuant to this division shall be considered contraband
for
purposes of section 2933.41, 2933.42, or 2933.43 of the
Revised
Code, but
shall be held by the law enforcement agency that
employs
the officer who seized it
shall hold the vehicle for
disposal in
accordance with this
section. A forfeiture order may
be
issued only after the
vehicle owner
offender has been provided
with an opportunity to
be heard. The prosecuting attorney shall
give the
vehicle owner
offender written
notice of the possibility
of forfeiture by sending a copy of the relevant
uniform traffic
ticket or other written notice to the
vehicle owner
offender not
less
than seven days prior to the date of issuance of the
forfeiture order. A
vehicle is subject to
an order of criminal
forfeiture pursuant to this division upon
the conviction of the
offender
of or plea of guilty by the offender to a violation of
division (A) of section 4503.236,
division (B)(1) or
(D)(2) of
section 4507.02, section
4507.33
4510.11, 4510.14,
4510.16,
or
4511.203, or division (A) of section 4511.19
of the Revised Code,
or a municipal
ordinance that is substantially equivalent to
division (A) of
section 4503.236, division (B)(1) or
(D)(2) of
section 4507.02, section 4507.33, or division (A)
of section
4511.19 of the Revised Code
any of those sections or
divisions.
(C)(B)(1) Prior to the issuance of an order of criminal
forfeiture pursuant to
division (B) of this section, the law
enforcement agency that employs the law enforcement officer who
seized the vehicle
shall
conduct or cause to be conducted a search
of the
appropriate public records that relate to the vehicle and
shall
make or cause to be made reasonably diligent inquiries to
identify any lienholder or
any person or entity with an ownership
interest in the
vehicle. The court that is to issue the
forfeiture
order also shall cause a notice of the potential
order
relative to the vehicle and of the expected
manner of disposition
of the vehicle after its forfeiture to be
sent to any lienholder
or person who is known to
the court to have any right, title, or
interest in the vehicle. The court shall give the notice
by
certified mail, return receipt requested, or by personal service.
(2) No order of criminal
forfeiture shall be issued pursuant
to
division (B) of this section if
a lienholder or other person
with an ownership interest in the
vehicle establishes to the
court, by a preponderance of the evidence
after filing a motion
with the court,
that the lienholder or other
that person neither
knew nor should
have known after a reasonable
inquiry that the
vehicle would be used or involved,
or likely
would be used
or
involved, in the violation resulting in the issuance of the
order
of criminal forfeiture or the violation of the order of
immobilization issued under section 4503.233 of
the Revised Code,
that the lienholder or other
that person did not
expressly or
impliedly consent
to the use or involvement of the vehicle in that
violation, and that the
lien or ownership interest was
perfected
pursuant
to law prior to the seizure of the vehicle under section
4503.236,
4507.38,
or
4510.41, 4511.195,
or
4511.203 of the
Revised
Code. If the lienholder or holder of the
ownership
interest satisfies the court that these
criteria have been met,
the court shall preserve
the holder's
the lienholder's or other
person's lien or
interest, and the court either shall return the
vehicle to the holder,
the
holder's or shall order that the
the
holder's proceeds of any sale
held
pursuant to division
(D)(C)(2)
of this section be paid to the
lienholder or
holder of the
interest less the costs of seizure, storage, and maintenance of
the vehicle. The court shall not
return a vehicle to a lienholder
or a holder of an ownership
interest
under
division (C)(2) of this
section unless the
lienholder or holder submits an affidavit
to
the court that states that the lienholder or holder will not
return the vehicle to the person from whom the vehicle was seized
pursuant to the order of criminal forfeiture or to any member of
that person's family and will not otherwise knowingly permit that
person or any member of that person's family to obtain
possession
of the
vehicle.
(3) No order of criminal
forfeiture shall be issued pursuant
to
division (B) of this section if
a person
with an interest in
the vehicle establishes to the court, by a
preponderance of the
evidence after filing a motion with the court,
that the person
neither knew nor should have known after a
reasonable
inquiry that
the vehicle had been used or was involved in the
violation
resulting in the issuance of the order of criminal
forfeiture or
the violation of the order of immobilization issued under
section
4503.233 of the Revised Code,
that the person did not expressly or
impliedly consent to the
use or
involvement of the vehicle in that
violation, that the interest was perfected
in
good faith and for
value pursuant to law between the time of the arrest of the
offender and the final disposition of the criminal charge in
question, and that the vehicle was in the possession of the
vehicle owner
interest holder at the time of the perfection of
the
interest. If
the court is satisfied that the interest
holder has
met these criteria, the court shall preserve
the holder's
the
interest holder's interest, and the court either
shall return the
vehicle to the interest holder
the holder's or order that the
the
holder's proceeds of any
sale held pursuant to division
(D)(C) of
this section be paid
to the holder of
the interest less the costs
of seizure, storage, and maintenance of the
vehicle. The court
shall not return a vehicle to an
interest holder
under division
(C)(3) of this section unless the holder
submits an affidavit to
the court stating
that the holder will not return the vehicle to
the person from
whom the holder acquired
the holder's the
holder's
interest, nor to any member
of that person's family, and the
holder will not otherwise
knowingly permit that person or any
member of that person's
family to
obtain possession of the
vehicle.
(D)(C) A vehicle ordered criminally forfeited to the state
pursuant to
division (B) of this section shall
be disposed of as
follows:
(1) It shall be given to the law enforcement agency
that
employs the law enforcement officer who seized the
vehicle, if
that agency desires to have it;
(2) If a vehicle is not disposed of pursuant to division
(D)(C)(1) of this section, the vehicle shall be sold,
without
appraisal, if the value of the vehicle is
two thousand dollars or
more as determined by publications of
the national
auto dealer's
association, at a public auction to the highest bidder for
cash.
Prior to the sale, the prosecuting attorney in the case shall
cause a notice of the proposed sale to be given in accordance
with
law. The court shall cause notice of the sale of the vehicle to
be
published in a newspaper of general circulation in the county
in which the
court is located at least seven days prior to the
date of the
sale. The proceeds of a sale under this division or
division
(G)(F) of
this section shall be applied in the following
order:
(a) First, they shall be applied to the payment of the
costs
incurred in connection with the seizure, storage, and
maintenance
of, and provision of security for, the vehicle, any
proceeding
arising out of the forfeiture, and if any, the sale.
(b) Second, the remaining proceeds after compliance with
division
(D)(C)(2)(a) of this section, shall be applied to the
payment of the value of any lien or ownership
interest in
the
vehicle preserved under division
(C)(B) of this section.
(c) Third, the remaining proceeds, after compliance with
divisions
(D)(C)(2)(a) and (b) of this section, shall be
applied
to
the appropriate funds in accordance with divisions (D)(1)(c)
and
(2) of section 2933.43 of the Revised Code, provided that the
total of the amount so deposited under this division shall not
exceed one thousand dollars. The remaining proceeds deposited
under this division shall be used only for the purposes
authorized
by those divisions and division (D)(3)(a)(ii) of that
section.
(d) Fourth, the remaining proceeds after compliance with
divisions
(D)(C)(2)(a) and (b) of this section and after
deposit
of
a total amount of one thousand dollars under division
(D)(C)(2)(c) of this section shall be applied so that fifty
per
cent of those
remaining proceeds is paid into the reparation fund
established
by section 2743.191 of the Revised Code, twenty-five
per cent is
paid into the drug abuse resistance education programs
fund
created by division
(L)(F)(2)(e) of section 4511.191 of the
Revised
Code and shall be used only for the purposes authorized by
division
(L)(F)(2)(e) of that section, and twenty-five per
cent is
applied to the appropriate funds in accordance with division
(D)(1)(c) of section 2933.43 of the Revised Code. The proceeds
deposited into any fund described in section 2933.43 of the
Revised Code shall be used only for the purposes authorized by
division (D)(1)(c), (2), and (3)(a)(ii) of that section.
(E) Notwithstanding
(D)
Except as provided in division
(E)
of section 4511.203 of the Revised Code and notwithstanding any
other
provision of law, neither
the registrar of motor vehicles
nor any deputy registrar shall
accept an application for the
registration of any motor vehicle
in the name of any person, or
register any motor vehicle in the
name of any person, if both of
the following apply:
(1) Any vehicle registered in the person's name was
criminally forfeited under
division (B) of this
section and
section 4503.233, 4503.236,
4507.361,
4507.99
4510.10,
4510.11,
4510.14, 4510.16, 4510.161, 4510.41, 4511.19, 4511.193,
or
4511.99
4511.203
of the Revised Code;
(2) Less than five years have expired since the issuance of
the most recent order of criminal forfeiture issued in relation
to
a vehicle registered in the person's name.
(F)(E) If a court is required by section 4503.233,
4507.361,
4507.99
4503.236, 4510.10, 4510.11, 4510.14,
4510.16,
4510.161,
4510.41,
4511.19, 4511.193,
or
4511.99
4511.203 of the Revised
Code to
order the criminal
forfeiture to the state
of a vehicle,
and the
title to the motor vehicle is assigned or transferred,
and
division
(C)(B)(2) or (3) of this section applies, in
addition to
or
independent of any other penalty established by law, the court
may fine the
offender the value of the vehicle as determined by
publications of the
national auto dealer's association. The
proceeds from any fine imposed under
this division
(F) of this
section shall be distributed in
accordance with division
(D)(4)
(C)(2) of this section.
(G)(F) As used in
division (D) of this section and
divisions
(D)(1)(c),
(D)(2), and (D)(3)(a)(ii) of section 2933.43 of the
Revised Code in relation to proceeds of the sale of a vehicle
under division
(D)(C) of this section, "prosecuting attorney"
includes the prosecuting attorney, village solicitor, city
director of law, or similar chief legal officer of a municipal
corporation who prosecutes the case resulting in the conviction
or
guilty plea in question.
(G) If the vehicle to
be forfeited has an average retail
value of less than two thousand dollars as
determined by
publications of the national auto dealer's
association, no public
auction is required to be held. In such
a case, the court may
direct that the vehicle be disposed of in
any manner that it
considers appropriate, including assignment
of the certificate of
title to the motor vehicle to a salvage
dealer or a scrap metal
processing facility. The court shall
not transfer the vehicle to
the person who is the vehicle's
immediate previous owner.
If the court assigns the motor vehicle to a salvage
dealer or
scrap metal processing facility and the court is in possession of
the certificate of title to the motor vehicle, it shall send the
assigned certificate of title to the motor vehicle to the clerk
of
the court of common pleas of the county in which the salvage
dealer or scrap metal processing facility is located. The court
shall mark the face of the certificate of title with the words
"FOR DESTRUCTION" and shall
deliver a photocopy of the certificate
of title to the salvage
dealer or scrap metal processing facility
for its records.
If the court is not in possession of the certificate of title
to the
motor vehicle, the court shall issue an order transferring
ownership of the
motor vehicle to a salvage dealer or scrap metal
processing facility, send the
order to the clerk of the court of
common pleas of the county in which the
salvage dealer or scrap
metal processing facility is located, and send a
photocopy of the
order to the salvage dealer or scrap metal processing
facility for
its records. The clerk shall make the proper notations or
entries
in the clerk's records concerning the disposition of the motor
vehicle.
Sec. 4503.236. (A) No person shall operate a motor vehicle
or
permit the operation of
a motor vehicle upon any public or
private property used by the
public for vehicular travel or
parking knowing or having
reasonable cause to believe that the
motor vehicle has been
ordered immobilized pursuant to an
immobilization order issued
under section 4503.233 of the Revised
Code.
(B) A motor vehicle that
is operated by a person during a
violation of division
(A) of this section shall be
criminally
forfeited
to the state in accordance with the procedures
contained
in section 4503.234 of the Revised Code, but such forfeiture is
subject to section 4503.235 of the Revised Code.
(C)
Whoever violates division (A) of this section is
guilty
of a misdemeanor of the second degree.
Sec. 4503.28.
(A) No person who is a manufacturer of,
dealer in, or
distributor of
motor vehicles shall fail to file an
application for registration and to pay
the tax
therefor
for the
registration and to apply for and pay
the legal fees for as many
certified
copies
thereof
of the registration as the law requires.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the fourth degree.
Sec. 4503.30.
(A) Any placards issued by the registrar of
motor vehicles and bearing the distinctive number assigned to a
manufacturer, dealer, or distributor pursuant to section 4503.27
of the Revised Code may be displayed on any motor vehicle, other
than commercial cars, or on any motorized bicycle owned by the
manufacturer, dealer, or distributor, or lawfully in the
possession or control of the manufacturer, or the
agent or
employee of the manufacturer, the dealer,
or the agent or employee
of the dealer, the distributor,
or the agent or employee of the
distributor,
and shall be displayed on no other motor vehicle or
motorized bicycle.
A placard may be displayed on a motor vehicle,
other than a
commercial car, owned by a dealer when the vehicle is
in transit from a
dealer to a purchaser, when the vehicle is being
demonstrated for sale or
lease, or when the vehicle otherwise is
being utilized by the dealer. A
vehicle bearing a placard issued
to a dealer under section 4503.27 of the
Revised Code may be
operated by the dealer, an agent or
employee of the dealer, a
prospective purchaser, or a third party operating
the vehicle with
the permission of the dealer.
Such placards may be displayed on commercial cars only when
the cars are in transit from a manufacturer to a dealer, from a
distributor to a dealer
or distributor, or from a dealer to a
purchaser, or when the cars
are being demonstrated for sale or
lease, and shall not be
displayed when the cars are being used for
delivery, hauling,
transporting, or other commercial purpose.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the third degree.
Sec. 4503.301. (A) A manufacturer, dealer, or distributor
of motor vehicles may apply for a reasonable number of commercial
car
demonstration placards. The application shall show the
make
of commercial cars,
commercial tractors, trailers, and
semitrailers manufactured,
dealt, or distributed in and shall show
the taxing district in
which the applicant's place of business is
located.
Upon the filing of such application and the payment of an
annual
fee of five hundred dollars and appropriate
postage as
required by the registrar of motor vehicles, the
registrar shall
assign to the applicant a distinctive placard and number.
Such
placards shall be known as "commercial car demonstration
placards," and shall expire on a date prescribed by the registrar.
Upon the first application by any person for such placards, the
registrar
shall prorate the annual fee in accordance with section
4503.11 of the Revised Code; for all
renewals or replacements of
such placards, the registrar shall collect the
full amount of the
annual fee.
Commercial car demonstration placards may be displayed on
commercial
cars,
commercial tractors, trailers and semitrailers
owned by the
manufacturer, dealer, or distributor, when those
vehicles
are
operated by or being demonstrated to a prospective
purchaser. In
addition to the purposes permitted by section
4503.30 of the
Revised Code, the placards provided for in this
section may be
displayed on vehicles operated or used for
delivery, hauling,
transporting, or any other lawful purpose.
When
such placards
are used, the placards provided for in section
4503.30 of the
Revised Code need not be displayed.
The operator of any commercial car, commercial tractor,
trailer, or semitrailer displaying the placards provided for in
this section, at all times, shall carry with
the operator a letter
from the manufacturer, dealer, or distributor
authorizing the use
of such manufacturer's, dealer's, or distributor's
commercial car
demonstration placards.
When such placards are used on any commercial car or
commercial tractor, such power unit shall be considered duly
registered and licensed for the purposes of section 4503.38 of
the
Revised Code.
(B) No manufacturer, dealer, or distributor of motor
vehicles shall use the commercial car demonstration placard for
purposes other than those authorized by this
section.
(C)
Whoever violates division (B) of this section is
guilty
of a misdemeanor of the third degree.
Sec. 4503.32.
(A) No person shall use the license placards
provided
for in
section
4503.31 of the Revised Code contrary to
said section.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the third degree.
Sec. 4503.34.
(A) No person who is a drive-away operator or
trailer
transporter,
or both, engaged in the business of
transporting and delivering new motor
vehicles or used motor
vehicles, or both, by means of the full mount method,
the saddle
mount method, the tow bar method, the tow-away method, or any
combination thereof, or under their own power, shall fail to file
an
application as required by section 4503.33 of the Revised Code,
and to pay the
fees therefor and to apply for and pay the legal
fees for as many certified
copies thereof as said section
requires.
(B)
Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4503.39. With regard to a motor vehicle leased by or in
the name
of a person named in a
declaration of forfeiture
suspension
order, the registrar of motor
vehicles shall adopt
procedures as indicated in division
(D) of section 2935.27,
division (A) of section 2937.221, and division
(B) of section
4507.168
4510.22 of the Revised Code. The
procedures shall
prescribe
the information and methodology necessary to implement
those divisions.
Sec. 4503.44. (A) As used in this section and in section
4511.69 of the Revised Code:
(1) "Person with a disability that limits or impairs the
ability to walk"
means any person who, as determined by a
physician or chiropractor,
meets any of the following criteria:
(a) Cannot walk two hundred feet without stopping to rest;
(b) Cannot walk without the use of, or assistance from, a
brace, cane,
crutch, another person, prosthetic device,
wheelchair, or other assistive
device;
(c) Is restricted by a lung disease to such an extent that
the person's
forced (respiratory) expiratory volume for one
second, when measured by
spirometry, is less than one liter, or
the arterial oxygen tension is less
than sixty millimeters of
mercury on room air at rest;
(d) Uses portable oxygen;
(e) Has a cardiac condition to the extent that the person's
functional
limitations are classified in severity as class III or
class IV according to
standards set by the American heart
association;
(f) Is severely limited in the ability to walk due to an
arthritic,
neurological, or orthopedic condition;
(2) "Organization" means any private organization or
corporation, or any governmental board, agency, department,
division, or office, that, as part of its business or program,
transports persons with disabilities that limit or impair the
ability to walk
on a regular basis in a motor
vehicle that has not
been altered for the purpose of providing it
with special
equipment for use by handicapped persons. This definition does
not apply to division (J) of this section.
(3) "Physician" means a person licensed to practice
medicine
or surgery or osteopathic medicine and surgery under
Chapter 4731.
of the Revised Code.
(4) "Chiropractor" means a person licensed to practice
chiropractic under Chapter 4734. of the Revised Code.
(B) Any organization or person with a disability that limits
or
impairs the
ability to walk may
apply to the registrar of motor
vehicles for a removable windshield placard
or, if the person owns
or leases a motor vehicle, the person
may apply for the
registration of any motor vehicle the person
owns or leases. In
addition to one or more sets of license plates or one placard, a
person with a
disability that limits or impairs the ability to
walk
is entitled to one additional placard, but only if the person
applies
separately for the additional placard, states the reasons
why
the additional placard is needed, and the registrar, in the
registrar's discretion, determines that good and justifiable
cause
exists to approve the request for the additional
placard. When a
motor vehicle has been altered for the purpose of providing it
with special equipment for a person with a disability that limits
or impairs
the ability to walk, but is
owned or leased by someone
other than such a person, the owner or lessee may
apply to the
registrar or a deputy registrar for registration under
this
section. The application for registration of a motor vehicle
owned or leased by a person
with a disability that limits or
impairs the ability to walk shall be
accompanied by
a signed
statement from the applicant's personal physician or
chiropractor
certifying that the applicant meets at least one of the
criteria
contained in division (A)(1) of this section and that the
disability is expected to continue for more than six consecutive
months.
The application for a removable windshield placard made
by
a person with a disability that limits or impairs the ability
to
walk shall be accompanied by a prescription from the
applicant's
personal physician or chiropractor prescribing such a
placard for the
applicant, and by a signed statement certifying
that the applicant meets at
least one of the criteria contained in
division
(A)(1) of this section. The physician or chiropractor
shall state on
the prescription the length of time the
physician
or chiropractor expects the applicant to have the disability that
limits or impairs the applicant's ability to
walk. The
application for a removable windshield placard made by an
organization shall be accompanied by such documentary evidence of
regular transport of persons with disabilities that limit or
impair the
ability to walk by the organization as
the registrar
may require by rule and shall be completed in
accordance with
procedures that the registrar may require by
rule. The
application for registration of a motor vehicle that
has been
altered for the purpose of providing it with special
equipment for
a person with a disability that limits or impairs the ability to
walk but is owned by someone other
than such a person shall be
accompanied by such
documentary evidence of vehicle alterations as
the registrar may
require by rule.
(C) When an organization, a person with a
disability that
limits or impairs the ability to walk, or a person who does
not
have a disability that limits or impairs the ability to walk but
owns a
motor vehicle
that has been altered for the purpose of
providing it with special equipment
for a person with a disability
that limits or impairs the ability to walk
first submits an
application for registration of a
motor vehicle under this section
and every fifth
year thereafter, the organization or person shall
submit
a signed statement from the applicant's personal physician
or chiropractor, a
completed application, and any required
documentary
evidence of vehicle alterations as provided in
division (B) of this section,
and also a power of attorney from
the owner of
the motor vehicle if the applicant leases the
vehicle. Upon submission of
these
items, the registrar or deputy
registrar shall issue to the applicant
appropriate vehicle
registration and a set of license plates and validation
stickers,
or validation stickers alone when required by section 4503.191 of
the Revised Code. In addition to the letters and numbers
ordinarily inscribed thereon, the license plates shall be
imprinted with the international symbol of access. The license
plates and validation stickers shall be issued upon payment of
the
regular license fee as prescribed under section 4503.04 of
the
Revised Code and any motor vehicle tax levied under Chapter
4504.
of the Revised Code, and the payment of a service
fee equal to the
amount specified in division (D) or (G) of section 4503.10 of
the
Revised Code.
(D)(1) Upon receipt of a completed and signed
application
for a
removable windshield placard,
a prescription as described in
division (B) of this section, documentary
evidence of regular
transport of persons with disabilities that limit or
impair the
ability to walk, if
required, and
payment of a service fee equal
to the amount specified in division (D) or (G)
of section 4503.10
of the Revised Code,
the registrar or deputy registrar
shall issue
to the
applicant a removable windshield placard, which shall bear
the date of
expiration on both sides of the placard and
shall
be
valid until expired, revoked, or
surrendered. Every removable
windshield placard expires as described in
division (D)(2) of this
section, but in no case shall a removable windshield placard be
valid for a
period of less than sixty days. Removable windshield
placards shall be
renewable upon application as
provided in
division (B) of this section, and a service fee equal to the
amount specified in division (D) or (G) of section 4503.10 of the
Revised Code
shall be charged for the renewal of a removable
windshield placard. The
registrar shall provide the application
form and shall determine
the information to be included thereon.
The registrar also
shall determine the form and size of the
removable windshield placard, the
material of which it is to be
made, and any other
information to be included thereon, and shall
adopt rules
relating to the issuance, expiration, revocation,
surrender, and
proper display of such placards.
Any placard
issued after
October 14, 1999, shall be manufactured in a manner
that allows the expiration
date of the placard to be indicated on
it through
the punching, drilling, boring, or creation by any
other means
of holes in the placard.
(2) At the time a removable windshield placard is
issued to
a person with a disability that limits or impairs the
ability to
walk, the registrar or deputy registrar shall enter
into the
records of the bureau of motor vehicles the last date
on which the
person will have that disability, as indicated on
the accompanying
prescription. Not less than thirty days prior
to that date and
all removable windshield placard renewal dates, the bureau
shall
send a renewal notice to that
person at the person's last known
address as shown in the
records of the bureau, informing the
person that the person's
removable windshield placard will expire
on the indicated date not to exceed
five years from the date of
issuance,
and that the person is required to renew the placard by
submitting to the registrar or a deputy registrar another
prescription, as described in division
(B) of this section, and by
complying with the renewal provisions prescribed in division
(D)(1) of this section. If
such a prescription is not received by
the registrar or a deputy
registrar by that date, the placard
issued to that person
expires and no longer is valid, and this
fact shall be recorded
in the records of the bureau.
(3) At least once every year, on a date determined by
the
registrar, the bureau shall examine the records of the
office of
vital statistics, located within the department of
health, that
pertain to deceased persons, and also the bureau's
records of all
persons who have been issued removable windshield
placards and
temporary removable windshield placards. If the
records of the
office of vital statistics indicate that a person
to whom a
removable windshield placard or temporary removable
windshield
placard has been issued is deceased, the bureau shall
cancel that
placard, and note the cancellation in its
records.
The office of vital statistics shall make available to
the
bureau all information necessary to enable the bureau to
comply
with division (D)(3) of this section.
(4) Nothing in this section shall be construed to require a
person
or organization to apply for a removable windshield placard
or special license
plates if the parking card or special license
plates issued to the person or
organization under prior law have
not expired or been surrendered or revoked.
(E) Any person with a disability that limits or impairs the
ability to walk
may apply to the
registrar or a deputy registrar
for a temporary removable windshield placard.
The application for
a
temporary removable windshield placard shall be accompanied by a
prescription from the applicant's personal physician
or
chiropractor prescribing such a placard for the applicant, and by
a signed statement certifying that the applicant meets at least
one of the
criteria contained in
division (A)(1) of this section
and that the disability is
expected to continue for six
consecutive months or less.
The physician or chiropractor shall
state on the prescription the length
of time the physician or
chiropractor expects the applicant to have the
disability that
limits or impairs the applicant's ability to
walk, which cannot
exceed six months from the date of the
prescription. Upon receipt
of an
application for a temporary removable windshield placard,
presentation of the prescription and the signed statement from the
applicant's
personal physician or chiropractor, and payment of a
service fee equal to the
amount specified in
division (D) or (G)
of section 4503.10 of the Revised Code, the
registrar or deputy
registrar shall issue to the applicant a temporary
removable
windshield placard. The temporary removable windshield placard
shall be of the same size and form as the removable windshield
placard, shall
be printed in white on a red-colored background,
and shall
bear the word "temporary" in letters of such size as the
registrar shall prescribe. A temporary removable windshield
placard also shall bear the date of expiration
on the front and
back of the placard, and shall be valid until expired,
surrendered, or revoked, but in no case shall such a placard be
valid for a period of less than sixty days. The registrar shall
provide
the
application form and shall determine the information
to be
included on it. The registrar also shall determine the
material
of which the temporary removable windshield placard is to
be made and any
other information to be included on the placard
and shall adopt rules
relating to the issuance, expiration,
surrender, revocation, and
proper display of those placards.
Any
temporary removable windshield placard issued after October
14,
1999, shall be manufactured in a manner that allows for the
expiration
date of the placard to be indicated on it through the
punching, drilling,
boring, or creation by any other means of
holes in the
placard.
(F) If an applicant for a removable windshield placard is a
veteran of the
armed forces of the United States whose disability,
as defined in
division (A)(1) of this section, is
service-connected, the
registrar or deputy registrar, upon receipt
of the application, presentation
of a signed statement
from the
applicant's personal physician or
chiropractor certifying the
applicant's
disability, and presentation of
such documentary
evidence from the department of veterans affairs that
the
disability of the applicant meets at least one of the criteria
identified
in division (A)(1) of this section and is
service-connected as
the registrar may require by rule, but
without the payment of any
service fee, shall issue the applicant
a
removable windshield placard that is valid until
expired,
surrendered, or revoked.
Upon a conviction of a violation of division (H), (I), or (J)
of
this section, the court shall report the conviction, and send
the placard or
parking card, if available, to the
registrar, who
thereupon shall revoke the privilege of
using the placard or
parking card and send notice in writing to the
placardholder or
cardholder at that holder's last
known address as shown in the
records of the bureau, and the placardholder or
cardholder shall
return the placard or
card if not previously surrendered to the
court, to the
registrar within ten days following mailing of the
notice.
Whenever a person to whom a removable windshield placard or
parking card has
been issued moves to another state, the person
shall
surrender the placard or card to the registrar; and whenever
an
organization to which a placard or card has been issued changes
its
place of operation to another state, the organization shall
surrender the placard or card to the registrar.
(G) Subject to division (F) of section
4511.69 of the
Revised Code, the operator of a motor vehicle
displaying a
removable windshield placard, temporary removable windshield
placard, parking card, or the special license plates
authorized by
this section is entitled to park the
motor
vehicle in any special
parking location reserved for persons with disabilities
that limit
or impair the ability to walk, also known as handicapped parking
spaces or disability parking spaces.
(H) No person or organization that is not eligible under
division (B) or (E)
of this section shall willfully and falsely
represent that the person or organization is
so eligible.
No person or organization shall display license plates issued
under this section unless the license plates have been issued for
the vehicle
on which they are displayed and are valid.
(I) No person or organization to which a removable
windshield placard or
temporary removable windshield placard is
issued shall do either of the
following:
(1) Display or permit the display of the placard on
any
motor vehicle when having reasonable cause to believe the
motor
vehicle is being used in connection with an activity that
does not
include providing transportation for persons with disabilities
that
limit or impair the ability to walk;
(2) Refuse to return or surrender the placard, when
required.
(J)(1) No person or organization to which a parking card is
issued shall do
either of the following:
(a) Display or permit the display of the parking card on any
motor vehicle
when having reasonable cause to believe the motor
vehicle is being used in
connection with an activity that does not
include providing transportation for
a handicapped person;
(b) Refuse to return or surrender the parking card, when
required.
(2) As used in division (J) of this section:
(a) "Handicapped person" means any person who has lost the
use of one or both
legs or one or both arms, who is blind, deaf,
or so severely handicapped as to
be unable to move about without
the aid of crutches or a wheelchair, or whose
mobility is
restricted by a permanent cardiovascular, pulmonary, or other
handicapping condition.
(b) "Organization" means any private organization or
corporation, or any
governmental board, agency, department,
division, or office, that, as part of
its business or program,
transports handicapped persons on a regular basis in
a motor
vehicle that has not been altered for the purposes of providing it
with special equipment for use by handicapped persons.
(K) If a removable windshield placard, temporary removable
windshield
placard, or parking card is lost, destroyed, or
mutilated,
the placardholder or cardholder may obtain
a duplicate
by doing both of the following:
(1) Furnishing suitable proof of the loss, destruction, or
mutilation to the registrar;
(2) Paying a service fee
equal to
the amount specified in
division (D) or (G) of section 4503.10 of the Revised
Code.
Any placardholder or cardholder who loses a placard or
card
and, after
obtaining a duplicate, finds the original, immediately
shall surrender the
original placard or card to the registrar.
(L) The registrar shall pay all fees received under this
section for the issuance of removable windshield placards or
temporary
removable windshield placards or duplicate removable
windshield placards or
cards into the state treasury to the credit
of the state bureau of motor
vehicles fund created in section
4501.25 of the Revised Code.
(M) For purposes of enforcing this section, every peace
officer is deemed to
be an agent of the registrar. Any peace
officer or any authorized employee of
the bureau of motor vehicles
who, in the performance of duties
authorized by law, becomes aware
of a person whose placard or parking card has
been revoked
pursuant to this section, may confiscate that placard or parking
card and return it to the registrar. The registrar shall
prescribe any forms
used by law enforcement agencies in
administering this section.
No peace officer, law enforcement agency employing a peace
officer, or
political subdivision or governmental agency employing
a peace officer, and no
employee of the bureau is liable in a
civil action for
damages or loss
to persons arising out of the
performance of any duty required or authorized
by this section.
As
used in this division, "peace officer" has the same
meaning as
in
division (B) of section 2935.01 of the Revised Code.
(N) All applications for registration
of motor vehicles,
removable windshield placards, and temporary removable
windshield
placards issued
under this section, all renewal notices for such
items, and all other
publications issued by the
bureau that relate
to this section shall set forth the criminal
penalties that may be
imposed upon a person who violates any
provision relating to
special license plates issued under this
section, the parking of
vehicles displaying such license plates,
and the issuance,
procurement, use, and display of removable
windshield placards and
temporary removable windshield placards
issued under this section.
(O)
Whoever violates this section is guilty of a misdemeanor
of
the fourth degree.
Sec. 4503.46. (A) For the purposes of this section,
"prisoner of war" means any regularly appointed, enrolled,
enlisted, or inducted member of the military forces of the United
States who was captured, separated, and incarcerated by an enemy
of the United States at any time, and any regularly appointed,
enrolled, or enlisted member of the military forces of Great
Britain, France, any of the countries that comprised the former
Union of Soviet Socialist Republics, Australia, Belgium, Brazil,
Canada,
China, Denmark, Greece, the Netherlands, New Zealand,
Norway, Poland, South
Africa, or any of the countries that
comprised the former Yugoslavia who was a
citizen of the United
States at the time of such appointment, enrollment, or
enlistment,
and was captured, separated, and incarcerated by an enemy of this
country during World War II.
(B) Any person who has been a prisoner of war may apply to
the registrar of motor vehicles for the registration of one
passenger
car, noncommercial motor vehicle, or
other vehicle of a
class approved by the registrar the person owns or
leases. The
application shall be accompanied by written evidence in the
form
of a record of separation, a letter from one of the armed forces
of the
United States or other country as provided in division (A)
of this section, or
other evidence as the registrar may require
by
rule, that such a person was a prisoner of war and was
honorably
discharged or is presently residing in this state on
active duty
with one of the branches of the armed forces of the
United States,
or was a prisoner of war and was honorably
discharged or received
an equivalent discharge or release from
one of the armed forces of
such other country.
Upon receipt of an application for registration of a
motor
vehicle under this section, and presentation
of satisfactory
evidence of such prisoner-of-war status, the
registrar shall issue
to the applicant the appropriate vehicle
registration and a set of
license plates. In addition to the
letters and numbers ordinarily
inscribed thereon, the license
plates shall be inscribed with the
words "FORMER POW." The
license plates shall be issued without
payment of any
registration fee or service fee as required by
division (B) of
section 4503.04 and sections 4503.10 and 4503.102
of the Revised
Code, and without payment of any applicable county,
township, or
municipal motor vehicle tax levied under Chapter
4504. of the
Revised Code.
(C) The spouse of a deceased former prisoner of war who
has
not remarried, if the deceased person received or was
eligible to
receive special license plates issued under division
(B) of this
section, may apply to the registrar for the registration
of the
spouse's personal motor vehicle without the payment of any
fee or
tax as provided by division (B) of this section. The
application
for registration shall be accompanied by documentary
evidence of
the deceased person's status as a former prisoner of
war and by
any other evidence that the registrar requires by
rule.
Upon receipt of an application for registration under this
division and presentation of satisfactory evidence as required by
this division and by the registrar, the registrar shall issue to
the spouse the appropriate vehicle registration and a set of
license plates as provided in division (B) of this section.
(D) No person who is not a former prisoner of war or
spouse
of a deceased former prisoner of war who has not remarried
shall
willfully and falsely represent that the person
is such a former
prisoner of war or spouse, for the purpose of
obtaining license
plates under this section.
(E) No person shall own or lease a motor
vehicle bearing
license plates issued under this section unless
the person is
eligible to be issued the license
plates.
(F)
Whoever violates this section is guilty of a misdemeanor
of
the fourth degree.
Sec. 4503.47.
(A) Any person who is a volunteer firefighter
may apply to the registrar of motor vehicles for the registration
of one
passenger car or other vehicle of a class approved by the
registrar the person
owns or leases. The application shall be
accompanied by such written evidence
as the registrar may require
by rule, that the person is a volunteer
firefighter.
Upon receipt of an application for the registration of a
passenger car or other vehicle of a class approved by the
registrar
under this section and presentation of satisfactory
evidence of such
volunteer firefighter status, the
registrar shall
issue to the applicant the appropriate vehicle
registration and a
set of license plates and a validation
sticker, or a validation
sticker alone when required by section 4503.191 of
the Revised
Code. In addition to the letters and numbers
ordinarily inscribed
thereon, the license plates shall be
inscribed with the letters
"F.D." inside a Maltese cross emblem.
The license plates and
validation stickers shall be issued upon
payment of the regular
license fees as prescribed under section
4503.04 of the Revised
Code and any local motor vehicle tax levied
under Chapter 4504. of
the Revised Code, and upon the payment of
an additional fee of ten
dollars for issuance
under this section. The fee shall be for the
purpose of
compensating the bureau of motor vehicles for
additional services
required in the issuing of such license
plates, and shall be transmitted
by the registrar to the treasurer
of state for deposit in the
state bureau of motor vehicles fund
created by section 4501.25 of the
Revised Code. No person shall
apply for more than one set of
volunteer firefighter license
plates annually.
The chief of a fire department or the fire chief shall
immediately notify the registrar whenever any person under the
chief's supervision is no longer a volunteer
firefighter.
Whenever a person is no longer eligible to be issued
volunteer firefighter license plates, the person shall
surrender
the volunteer firefighter license plates to the bureau in exchange
for plates without the "F.D." emblem. A fee of five dollars
shall
be charged for the services required in the
issuing of replacement
plates when an individual is no longer
eligible to be issued
volunteer firefighter license
plates.
Application for volunteer firefighter license plates may be
made, and such license plates and replacement plates shall be
issued, at any time of year.
No person who is not a volunteer firefighter shall
willfully
and falsely represent that the person is a volunteer firefighter
for
the purpose of obtaining volunteer firefighter license plates
under this
section. No person shall own a vehicle bearing such
license plates unless the
person is eligible to be issued such
license plates.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the fourth degree.
Sec. 4503.471. (A) Any person who is a
member in good
standing of the international association of
firefighters may
apply to the registrar of motor vehicles for
the registration of
any passenger car, noncommercial vehicle, motor home, or
other
vehicle of a class approved by the registrar that the
person owns
or leases and the issuance of international association of
firefighters
license plates. The
application shall be accompanied
by the
written evidence that the registrar may require by rule
showing
that the person is a member in good standing of the
international association of firefighters. The application for
international
association of firefighters license plates may be
combined with a request for
a
special reserved license plate under
section 4503.40 or 4503.42 of the Revised
Code.
Upon receipt of an application for registration of a
vehicle
under this section and
presentation of satisfactory evidence
showing that the person is
a member in good standing of the
international association of
firefighters, the
registrar shall
issue to the applicant the
appropriate vehicle registrations, sets
of license plates and
validation stickers, or validation stickers
alone when
required by section 4503.191 of the
Revised
Code.
In addition to the
letters and numbers ordinarily inscribed
on the license plates, international
association of firefighters
license plates
shall be inscribed with a
Maltese cross emblem
designed
by the international association of firefighters and
approved
by the registrar. International association of
firefighters license plates
shall bear county
identification
stickers that identify the county of registration by name or
number.
The license plates and validation stickers
shall be issued
upon payment of the regular license fee as
prescribed under
section 4503.04 of the Revised
Code, payment of any local motor
vehicle
tax levied under Chapter 4504. of the
Revised Code, and
payment of an
additional fee of ten dollars
for the purpose of
compensating the bureau of motor vehicles for
additional services
required in the issuing of license plates
under this section. If
the application for international association of
firefighters
license
plates is combined with a request for a special reserved
license plate under
section 4503.40 or 4503.42 of the Revised
Code, the license plate and validation sticker
shall be issued
upon payment of the fees and taxes contained in this division
and
the additional fee prescribed under section 4503.40 or 4503.42 of
the Revised Code. The
registrar shall deposit the additional fee
of ten dollars in the state bureau
of motor
vehicles fund created
by section 4501.25 of the
Revised Code.
Whenever a person no longer is eligible to be issued
international association of firefighters license plates, the
person shall
surrender the international association of
firefighters license plates to the
bureau in exchange for license
plates without the
Maltese cross emblem described in this
section.
A fee of five dollars shall be
charged for the services required
in the issuing of replacement
plates when a person no longer is
eligible to be issued
international association of firefighters
license plates.
A person may make application for international association
of firefighters
license plates
at any time of year, and the
registrar shall issue international association
of firefighters
license plates and replacement plates at any time of year.
(B) No person who is not a member in good
standing of the
international association of firefighters shall
willfully and
falsely represent that the person is a
member in good standing of
the international association of
firefighters for the purpose of
obtaining international association of
firefighters license plates
under this section. No
person shall own or lease a vehicle
bearing international association of
firefighters
license plates
unless
the person is eligible to be issued international
association of firefighters
license
plates.
(C) Whoever violates division (B) of this section is guilty
of a misdemeanor of the fourth degree.
Sec. 4505.101.
(A) The owner of any repair garage or
place
of storage in which a motor vehicle with a value of less
than two
thousand five hundred dollars has been left unclaimed for fifteen
days or more following completion of the requested repair or the
agreed term
of storage may
send by certified mail, return receipt
requested, to the last
known address of the owner a notice to
remove the motor vehicle. If
the motor vehicle remains unclaimed
by the owner for fifteen days
after the mailing of the notice, and
the person on whose property
the vehicle has been abandoned has
received the signed receipt from the
certified mail or has been
notified that the delivery was not possible, the
person shall
obtain a certificate of
title to the motor vehicle in the
person's
name in the manner provided in this section.
The owner of the repair garage or place of storage that
mailed the notice shall
execute an affidavit that all of the
requirements of this section
necessary to authorize the issuance
of a certificate of title for
the motor vehicle have been met.
The
affidavit shall set
forth the value of the motor vehicle when
unclaimed as determined in
accordance with standards fixed by the
registrar of motor vehicles; the length of time that the motor
vehicle has remained unclaimed; the expenses incurred with
the
motor vehicle; that a notice to remove the
vehicle has been mailed
to
the titled owner, if known, by certified mail, return receipt
requested; and that a search of the records of the bureau of
motor
vehicles has been made for outstanding liens on the
motor vehicle.
No affidavit shall be executed or filed under this section
until after a
search of the records of the bureau of motor
vehicles has been
made. If the research reveals any outstanding
lien on the
motor vehicle, the owner of the repair garage or place
of storage of
the motor vehicle shall notify the mortgagee or
lienholder by
certified mail, return receipt requested, stating
where the motor
vehicle is located and the value of the vehicle.
Unless
the mortgagee or lienholder claims the motor vehicle within
fifteen days from the mailing of the notice, the
mortgagee's
mortgage or the lienholder's lien shall be invalid.
Upon presentation by the owner of the repair garage or
place
of storage of the affidavit, showing compliance with
all
requirements of this section to the clerk of courts of the county
in which the repair garage or place of storage is located,
the
clerk of courts shall issue a certificate of title, free and
clear
of all liens and encumbrances, to the owner of the
place of
storage.
The value of the motor vehicle, as determined in accordance
with standards fixed by the registrar of motor vehicles, less
expenses incurred by the owner of such repair garage or place of
storage, shall be paid to the clerk of courts for deposit into
the
county general fund upon receipt of the certificate of title.
(B)
Whoever violates this section shall be fined not more
than
two hundred dollars, imprisoned not more than ninety days, or
both.
Sec. 4505.102. (A) If a pawnbroker licensed under
Chapter
4727. of the Revised Code makes a loan that is secured by a motor
vehicle,
watercraft, or outboard motor and has taken possession
of
the
motor vehicle, watercraft, or outboard motor and the
certificate
of title to the
motor vehicle, watercraft, or
outboard
motor, and the owner of
the motor vehicle, watercraft,
or outboard
motor fails to redeem or pay
interest on the loan
for which the
motor vehicle, watercraft, or outboard
motor was
pledged within
two months from the date of the loan or the
date
on which the last
interest payment is due, and the pawnbroker
notifies
the owner by
mail, with proof of mailing, as required
by division
(A) of
section 4727.11 of the Revised Code, of the
possible forfeiture of
the
motor
vehicle, watercraft, or
outboard motor, and the owner
fails to redeem
the motor vehicle,
watercraft, or outboard motor
within the thirty-day period
required by that division to be
specified in the notice, the
pawnbroker shall proceed to obtain a
certificate
of title to the
motor vehicle, watercraft, or outboard
motor in the
pawnbroker's
name in the manner provided
in this
section.
(B) The pawnbroker shall execute an affidavit stating all of
the
following:
(1) That the pawnbroker is a pawnbroker licensed under
Chapter 4727. of the Revised Code;
(2) That the pawnbroker has made a loan to the owner of a
motor vehicle,
watercraft, or outboard motor, and the security
for
the loan is the motor
vehicle, watercraft, or outboard
motor;
(3) That both the motor vehicle, watercraft, or outboard
motor and the
certificate of title to the motor vehicle,
watercraft, or outboard motor are
in the possession of the
pawnbroker;
(4) That the owner of the motor vehicle, watercraft, or
outboard motor has
failed to redeem the pledged motor vehicle,
watercraft, or outboard motor or
pay interest on the loan for
which the motor vehicle, watercraft, or outboard
motor was
pledged
within two months from the date of the loan or the date
on
which
the
last interest payment was due;
(5) That the pawnbroker has notified the owner of the motor
vehicle,
watercraft, or outboard motor by mail, with proof of
mailing, as required by
division
(A) of section 4727.11 of the
Revised Code,
and the owner has failed to redeem the motor
vehicle, watercraft, or outboard
motor within the thirty-day
period required by that division to be specified in the notice.
Upon presentation by the pawnbroker of a copy of the
affidavit, a copy of
the pawn form, a copy of the proof of
mailing, and the certificate of title to
the motor vehicle,
watercraft, or outboard motor,
a clerk of
a court of
common
pleas
shall issue, if the
record
shows no lien or encumbrances
exist,
a
certificate of
title, free and clear of all liens and
encumbrances, to the pawnbroker.
(C) No person shall execute or present the affidavit
required by
this section, knowing any entry on the affidavit to
be
false.
(D)
Whoever violates this section shall be fined not more
than
two hundred dollars, imprisoned not more than ninety days, or
both.
Sec. 4505.11. (A) Each owner of a motor vehicle and each
person mentioned as owner in the last certificate of title, when
the motor vehicle is dismantled, destroyed, or changed in such
manner that it loses its character as a motor vehicle, or changed
in such manner that it is not the motor vehicle described in the
certificate of title, shall surrender the certificate of title
to
that motor vehicle to
a clerk of
a court of common pleas, and
the clerk, with the consent of any
holders of any liens
noted
on the certificate of title,
then shall enter a cancellation upon
the clerk's records
and
shall
notify the registrar of motor
vehicles of the cancellation.
Upon the cancellation of a certificate of title in the
manner
prescribed by this section,
any clerk and the
registrar
of motor
vehicles
may cancel and destroy all
certificates and
all
memorandum
certificates in that chain of
title.
(B)
If an Ohio certificate of title or salvage
certificate
of title to a motor vehicle is assigned to a salvage
dealer, the
dealer is not required to obtain an Ohio
certificate
of title or
a salvage certificate of title to the
motor vehicle
in
the
dealer's own name if the dealer
dismantles or destroys
the
motor
vehicle, indicates the number of
the dealer's motor
vehicle
salvage dealer's license
on it, marks
"FOR
DESTRUCTION" across
the face of the certificate of title or
salvage certificate of
title, and surrenders the certificate of
title or salvage
certificate of title to
a clerk of
a
court
of common pleas
as
provided in division (A) of this
section. If
the salvage
dealer
retains the motor vehicle for
resale, the dealer
shall make
application for a salvage
certificate of title to the motor
vehicle in the dealer's own
name as provided in division (C)(1) of
this section.
(C)(1) When an insurance company declares it economically
impractical to repair such a motor vehicle and has paid an agreed
price for the purchase of the motor vehicle to any insured or
claimant owner, the insurance company shall receive the
certificate of title and the motor vehicle and proceed as follows.
Within thirty days, the insurance company shall deliver the
certificate of title to
a clerk of
a court of common pleas
and
shall make application for a salvage certificate of title.
The
clerk shall issue the salvage certificate of title on a form,
prescribed by the registrar, that shall be
easily distinguishable
from the original certificate of title and
shall bear the same
number and information as the original
certificate of title.
Except as provided in division
(C)(2) of this section, the
salvage
certificate of title shall be
assigned by the insurance
company to
a salvage dealer or any
other person for use as
evidence of
ownership upon the sale or
other disposition of the
motor vehicle,
and the salvage
certificate of title shall be
transferrable to any
other person. The clerk
shall charge a fee
of four
dollars for
the cost of processing each salvage
certificate of
title.
(2) If an insurance company considers a motor vehicle as
described in division (C)(1) of this section to be impossible to
restore for highway operation, the insurance company may assign
the certificate of title to the motor vehicle to a salvage dealer
or scrap metal processing facility and send the assigned
certificate of title to the clerk of the court of common pleas of
the county in which the salvage dealer or scrap metal processing
facility is located. The insurance company shall mark the face
of
the certificate of title
"FOR DESTRUCTION" and shall deliver
a
photocopy of the certificate of title to the salvage dealer or
scrap metal processing facility for its records.
(3) If an insurance company declares it economically
impractical to repair a motor vehicle, agrees to pay to the
insured or claimant owner an amount in settlement of a claim
against a policy of motor vehicle insurance covering the motor
vehicle, and agrees to permit the insured or claimant owner to
retain possession of the motor vehicle, the insurance company
shall not pay the insured or claimant owner any amount in
settlement of the insurance claim until the owner obtains a
salvage certificate of title to the vehicle and furnishes a copy
of the salvage certificate of title to the insurance company.
(D) When a self-insured organization, rental or leasing
company, or secured creditor becomes the owner of a motor vehicle
that is burned, damaged, or dismantled and is determined to be
economically impractical to repair, the self-insured
organization,
rental or leasing company, or secured creditor
shall do one of the
following:
(1) Mark the face of the certificate of title to the motor
vehicle
"FOR DESTRUCTION" and surrender the certificate of title
to
a clerk of
a court of common pleas for cancellation as
described in division (A) of this section. The self-insured
organization, rental or leasing company, or secured creditor
then
shall deliver the motor vehicle, together with a
photocopy of the
certificate of title, to a salvage dealer or
scrap metal
processing facility and shall cause the motor vehicle
to be
dismantled, flattened, crushed, or destroyed.
(2) Obtain a salvage certificate of title to the motor
vehicle in the name of the self-insured organization, rental or
leasing company, or secured creditor, as provided in division
(C)(1) of this section, and then sell or otherwise dispose of the
motor vehicle. If the motor vehicle is sold, the self-insured
organization, rental or leasing company, or secured creditor
shall
obtain a salvage certificate of title to the motor vehicle
in the
name of the purchaser from
a clerk of
a court of
common
pleas.
(E) If a motor vehicle titled with a salvage certificate
of
title is restored for operation upon the highways, application
shall be made to
a clerk of
a court of common pleas for a
certificate of title. Upon inspection by the state highway
patrol, which shall include establishing proof of ownership and
an
inspection of the motor number and vehicle identification
number
of the motor vehicle and of documentation or receipts for
the
materials used in restoration by the owner of the motor
vehicle
being inspected, which documentation or receipts shall be
presented at the time of inspection, the clerk, upon surrender of
the salvage certificate of title, shall issue a certificate of
title for a fee prescribed by the registrar. The certificate of
title shall be in the same form as the original certificate of
title, shall bear the same number as the salvage certificate of
title and the original certificate of title, and shall bear the
words
"REBUILT SALVAGE" in black boldface letters on its face.
Every subsequent certificate of title, memorandum certificate of
title, or duplicate certificate of title issued for the motor
vehicle also
shall bear
the words
"REBUILT SALVAGE" in black
boldface letters on its
face. The exact location on the face of
the certificate of title
of the words
"REBUILT SALVAGE" shall be
determined by the
registrar, who shall develop an automated
procedure within the
automated title processing system to comply
with this division.
The clerk shall use reasonable care in
performing the duties
imposed on the clerk by this division in
issuing a
certificate of title
pursuant to this division, but
the
clerk is not liable for
any of the clerk's errors or
omissions or
those of the clerk's deputies, or the automated
title processing
system in the performance of those duties. A
fee of
fifty dollars
shall be assessed by the state
highway
patrol for each
inspection made pursuant to this
division and
shall be deposited
into the state highway safety
fund established
by section 4501.06
of the Revised Code.
(F) No person shall operate upon the highways in this
state
a motor vehicle, title to which is evidenced by a salvage
certificate of title, except to deliver the motor vehicle
pursuant
to an appointment for an inspection under this section.
(G) No motor vehicle the certificate of title to which has
been marked
"FOR DESTRUCTION" and surrendered to
a clerk of
a
court of common pleas shall be used for anything except
parts and
scrap metal.
(H)(1) Except as otherwise provided in this
division, an
owner of a manufactured or mobile home that will be
taxed as real
property pursuant to division
(B) of section 4503.06 of the
Revised
Code shall surrender the
certificate of title to the
auditor of the county containing the taxing
district in which the
home is located. An owner
whose home qualifies for real property
taxation under
divisions (B)(1)(a) and (b) of
section 4503.06
of
the Revised
Code shall surrender the
certificate within
fifteen
days after the home meets the
conditions specified in
those
divisions. The
auditor shall deliver the
certificate of
title to
the
clerk of the court of common pleas who issued it.
(2) If the certificate of title for a manufactured or
mobile
home that is to be taxed as real property is held by a
lienholder,
the lienholder shall surrender
the certificate of
title to the
auditor of the county containing the taxing district
in
which the
home is located, and the auditor shall deliver the
certificate of
title to the clerk of the court of common
pleas
who issued it.
The lienholder shall surrender the
certificate
within thirty days
after both of the following have
occurred:
(a) The homeowner has provided written notice to
the
lienholder requesting that the certificate of title be
surrendered
to the
auditor of the county containing the taxing
district in
which the home is located.
(b) The homeowner has either paid the lienholder
the
remaining balance owed to the lienholder, or, with the
lienholder's consent, executed and delivered to the
lienholder a
mortgage on the home and land on which the
home is sited in the
amount of the remaining
balance owed to the lienholder.
(3) Upon the delivery of a certificate of title by the
county auditor to
the clerk, the
clerk
shall inactivate it
and
retain it for a period of thirty
years.
(4) Upon application by the owner of a manufactured or
mobile
home that is taxed as real property pursuant to division
(B) of
section 4503.06 of the Revised Code and that no longer
satisfies divisions
(B)(1)(a) and (b) or divisions
(B)(2)(a) and
(b) of that section,
the clerk
shall reactivate
the
record of
the certificate of title that was inactivated under
division
(H)(3) of this section and shall issue a new
certificate
of
title, but only if the application contains or has attached to
it
all of the following:
(a) An endorsement of the county treasurer that all real
property
taxes charged against the home under Title LVII of the
Revised Code and
division (B) of section 4503.06 of the Revised
Code for all preceding tax years have
been paid;
(b) An endorsement of the county auditor that the home will
be
removed from the real property tax list;
(c) Proof that there are no outstanding mortgages or other
liens
on the home or, if there are such mortgages or other liens,
that the mortgagee
or lienholder has consented to the
reactivation
of the certificate of title.
(I)(1) Whoever violates division (F) of this section
shall
be fined not more than two thousand dollars, imprisoned not more
than
one year, or both.
(2) Whoever violates division (G) of this section shall be
fined
not more than one thousand dollars, imprisoned not more than
six months, or
both.
Sec. 4505.111.
(A) Every motor vehicle, other than a motor
vehicle
as provided in
divisions (C), (D), and (E) of section
4505.11 of the Revised Code, that is
assembled from component
parts by a person other than the manufacturer, shall
be inspected
by the state highway patrol prior to issuance of title to the
motor vehicle. The inspection shall include establishing proof of
ownership
and an inspection of the motor number and vehicle
identification number of the
motor vehicle, and any items of
equipment the director of public safety
considers advisable and
requires to be inspected by rule. A fee of
forty
dollars in
fiscal year 1998 and fifty dollars in fiscal year 1999 and
thereafter shall be assessed by the state highway patrol for each
inspection made
pursuant to this section, and shall be deposited
in the state highway safety
fund established by section 4501.06 of
the Revised Code.
(B)
Whoever violates this section shall be fined not more
than
two thousand dollars, imprisoned not more than one year, or
both.
Sec. 4505.15.
(A) Manufacturers and importers shall appoint
and
authorize agents
who shall sign manufacturer's or importer's
certificates. The registrar of
motor vehicles may require that a
certified copy of a list containing the
names
and the facsimile
signatures of the authorized agents be furnished
him
the registrar
and be
forwarded to each clerk of the court of common pleas in the
respective
counties
within the state, and the registrar may
prescribe the form of authorization to
be used by manufacturers or
importers and the method of certification of the
names of said
agents.
(B)
Whoever violates this section shall be fined not more
than
two hundred dollars, imprisoned not more than ninety days, or
both.
Sec. 4505.17.
(A) Every sheriff, chief of police,
constable,
state highway patrol trooper, employee of the state
highway
patrol, and designated officer of the
department of public
safety, having knowledge of a stolen motor
vehicle, immediately
shall furnish the registrar of motor
vehicles with full
information concerning such theft.
Whenever the registrar receives a report
of the theft
or
conversion of a motor vehicle, whether the same has been
registered or not and whether owned in this or any other state,
the
registrar shall make a distinctive record thereof, including
the make of
the stolen vehicle and its manufacturer's
vehicle
identification number. The registrar
shall prepare a report
listing motor
vehicles stolen and recovered as disclosed by the
reports
submitted to the registrar, to be distributed as the
registrar
determines advisable.
In the event of the receipt from any clerk of the court of
common pleas of a copy of a certificate of title to such a motor
vehicle, the registrar immediately shall notify the
rightful
owner
thereof and the clerk who issued such certificate of title,
and
if, upon investigation, it appears that such certificate of
title
was improperly issued, the registrar immediately
shall cancel the
certificate.
In the event of the recovery of a stolen or converted motor
vehicle, the owner immediately shall notify the registrar,
who
shall remove the record of the theft or conversion from the
registrar's file.
(B)
Whoever violates this section shall be fined not more
than
two
hundred dollars, imprisoned not more than ninety days, or
both.
Sec. 4505.18.
(A) No person shall
do any of the following:
(1) Operate in this state a motor vehicle for which a
certificate of title is required without having
that
certificate
in accordance with
this chapter or,
if a physical
certificate
of
title has
not been
issued for a motor
vehicle, operate the
motor
vehicle in this
state knowing that the
ownership
information
relating to the vehicle has not
been
entered
into
the automated
title processing system by a clerk of
a
court
of
common pleas;
(2) Display or display for sale or sell as a dealer or
acting on behalf of a dealer, a motor vehicle without having
obtained a manufacturer's or importer's certificate, a
certificate of title,
or an assignment of a certificate
of title
for it
as provided in
this chapter;
(3) Fail to surrender any certificate of title or any
certificate of registration or license plates upon cancellation
of
the same by the registrar of motor vehicles and notice
of the
cancellation
as
prescribed in
this
chapter;
(4) Fail to surrender the certificate of title to
a
clerk
of
a court of common pleas as
provided in
this chapter in case
of
the
destruction or dismantling or change of a motor vehicle
in
such
respect that it is not the motor vehicle described in
the
certificate of title;
(5) Violate any rules
adopted pursuant to
this chapter;
(6) Except as otherwise provided in
this chapter
and
Chapter 4517. of the
Revised Code, sell at wholesale a motor
vehicle the ownership of
which is not evidenced by an Ohio
certificate of title, or the
current certificate of title issued
for the motor vehicle, or the
manufacturer's certificate of
origin, and all title assignments
that evidence the seller's
ownership of the motor vehicle, and an
odometer disclosure
statement that complies with section 4505.06
of the Revised Code
and subchapter IV of the
"Motor Vehicle
Information and Cost
Savings Act," 86 Stat. 961 (1972), 15 U.S.C.
1981;
(7) Operate in this state a motor vehicle knowing that the
certificate of
title to the vehicle or ownership of the vehicle
as
otherwise reflected in
the automated title processing system
has
been canceled.
(B) This section does not apply to persons engaged in the
business of warehousing or transporting motor vehicles for the
purpose of salvage disposition.
(C)
Whoever violates this section shall be fined not more
than
two
hundred dollars, imprisoned not more than ninety days, or
both.
Sec. 4505.19. (A) No person shall do any of the following:
(A)(1) Procure or attempt to procure a certificate of title
or
a salvage certificate of title to a motor vehicle, or pass or
attempt to pass a certificate of title, a salvage certificate of
title, or any assignment
of a certificate of title or
salvage
certificate of title to a motor vehicle,
or in any other
manner
gain or attempt to gain ownership to a motor
vehicle,
knowing or
having reason to believe that
the motor vehicle
or
any
part of
the motor vehicle has been acquired through
commission
of
a
theft
offense as defined in section 2913.01 of
the Revised
Code;
(B)(2) Purport to sell or transfer a motor vehicle without
delivering to the purchaser or transferee
of it a
certificate
of title, a salvage certificate of title, or a
manufacturer's or
importer's certificate
to it, assigned
to
the purchaser
as
provided for in this
chapter,
except
as
otherwise provided in
this chapter;
(C)(3) With intent to defraud, possess, sell, offer to sell,
counterfeit, or supply a blank, forged, fictitious, counterfeit,
stolen, or fraudulently or unlawfully obtained certificate of
title, registration, bill of sale, or other instruments of
ownership of a motor vehicle, or conspire to do any of the
foregoing;
(D)(4) Knowingly obtain goods, services, credit, or money by
means of an invalid, fictitious, forged, counterfeit, stolen, or
unlawfully obtained original or duplicate certificate of title,
registration, bill of sale, or other instrument of ownership of a
motor vehicle;
(E)(5) Knowingly obtain goods, services, credit, or money by
means of a certificate of title to a motor vehicle, which is
required to be surrendered to the registrar of motor vehicles or
the clerk of the court of common pleas as provided in this
chapter.
(B)
Whoever violates this section shall be fined not more
than
five thousand dollars or imprisoned in the county jail or
workhouse not less than six months nor more than one year, or
both, or in a state correctional institution not less than one
year nor more than five years.
Sec. 4505.20. (A) Notwithstanding division
(A)(2) of
section
4505.18
of the Revised Code or any other provision of
this
chapter or
Chapter 4517. of the
Revised Code,
a
secured
party may
designate any dealer to
display, display
for
sale, or
sell a
manufactured or mobile home if the
home has
come
into
the
possession of that secured
party by a default in
the
terms
of a
security instrument and the
certificate of title
remains
in the
name and possession of the secured
party.
(B) Notwithstanding division
(A)(2) of section 4505.18
of
the Revised Code or
any
other provision of
this
chapter or
Chapter 4517.
of the Revised Code,
the owner of a
recreational
vehicle or a
secured party of a
recreational
vehicle
who has
come into
possession of the vehicle
by a
default in the
terms
of a security
instrument, may designate
any dealer to
display,
display for sale,
or sell the vehicle
while the
certificate of
title remains in the
possession of the
owner or
secured party.
No dealer may display
or offer for sale
more than
five
recreational vehicles at any time
under this
division. No
dealer may display or offer for sale a
recreational
vehicle
under
this division unless the dealer
maintains insurance
or
the bond of
a surety company authorized
to
transact business
within this state
in an amount sufficient
to
satisfy the fair
market value of the
vehicle.
(C) The registrar of motor vehicles may adopt rules in
accordance with Chapter 119. of the Revised Code prescribing the
maximum number of manufactured or mobile homes that have come into
the
possession of a secured party by a default in the terms of a
security instrument that any dealer may display or offer for sale
at any time. The registrar may adopt other reasonable rules
regarding the resale of such manufactured homes, mobile
homes,
and
recreational
vehicles that the registrar considers
necessary.
(D) The secured party or owner shall provide the dealer
with
written authorization to display, display for
sale, or sell
the
manufactured home, mobile home, or
recreational vehicle.
The
dealer shall show and explain the written authorization to
any
prospective purchaser. The written authorization shall
contain
the vehicle identification number, make, model, year of
manufacture, and
physical description of the manufactured home,
mobile
home, or recreational
vehicle that is provided to the
dealer.
(E) As used in this section,
"dealer" means a new motor
vehicle dealer
that is licensed under
Chapter 4517. of the
Revised
Code.
(F) Whoever violates this section shall be fined not more
than two
hundred dollars, imprisoned not more than ninety days, or
both.
Sec. 4505.21. (A) As used in this section:
(1) "Certified receipt of title cancellation" means a form
prescribed by the registrar of motor vehicles for use under this
section that shall include all of the following:
(a) The name of the owner who surrenders a certificate of
title to a vehicle intended to be exported;
(b) A description of the motor vehicle that shall include
the year, make, model, style, vehicle identification number,
color, license registration number, and the state of
registration;
(c) The destination of the motor vehicle;
(d) Whether the purpose of the export is for sale, lease,
personal use, or other specified use;
(e) Such other information as the registrar determines to
be
appropriate.
(2) A "declaration of temporary export" means a form
prescribed by the registrar that includes all of the following:
(a) The items specified in divisions (A)(1)(a) to (e) of
this section;
(b) A statement that the vehicle will not be permanently
located outside of the United States and that the owner intends
to
return the vehicle to the United States;
(c) The period of time for which it is anticipated that
the
motor vehicle will be located outside of the United States.
(3) "Export" means the shipping or transportation of a
motor
vehicle from any point inside the United States to a point
outside
of the United States. "Export" does not include
operating the
motor vehicle by means of its own power or that of
a motor vehicle
drawing or towing it unless the purpose of the
owner is to avoid
compliance with division (B) or (C) of this
section.
(4) "Owner" means the person named on a certificate of
title
issued by this state as the owner or assignee of the owner
of the
motor vehicle for which the certificate of title has been
issued
and includes any person who is lawfully entitled to the
issuance
of a new certificate of title to the motor vehicle
naming the
person as owner of the vehicle or who is lawfully
entitled to
surrender the certificate of title under this
section. "Owner"
includes a secured party who exports or permits
the export of a
motor vehicle in the exercise of the secured
party's rights and
powers under the security agreement.
(B) No owner of a motor vehicle who exports or permits the
export of the motor vehicle for permanent location outside of the
United States shall do any of the following:
(1) Fail to surrender the certificate of title to the
motor
vehicle to the registrar prior to the
date that the motor vehicle
is delivered to any person for
export;
(2) Knowingly fail to surrender the certificate of title
to
the motor vehicle to the registrar prior to
the date that the
motor vehicle is delivered to any person for
export.
(C) No owner of a motor vehicle who exports or permits the
export of the motor vehicle for temporary location outside of the
United States shall do any of the following:
(1) Fail to file a declaration of temporary export with
the
registrar prior to the date that the motor
vehicle is delivered to
any person for export;
(2) Purposely fail to file a declaration of temporary
export
with the registrar prior to the date
that the motor vehicle is
delivered to any person for export in
order to facilitate the
commission of a conspiracy, attempt,
complicity, or theft offense
related to the title of a motor
vehicle or the proceeds of a motor
vehicle insurance policy.
(D)(1) Proof that the defendant acted in good faith and
surrendered the certificate of title to the registrar within a
reasonable time
after delivery of the motor
vehicle for export is
an affirmative defense to a prosecution
under division (B)(1) of
this section.
(2) Proof that the defendant acted in good faith and filed
a
declaration of temporary export with the registrar within a
reasonable time
after delivery of the motor
vehicle for export is
an affirmative defense to a prosecution
under division (C)(1) of
this section.
(E) The registrar shall prescribe forms to be signed by
the
owner who surrenders a certificate of title for cancellation
under
this section and by all secured parties whose uncanceled
security
interests are noted on the certificate. The form shall
indicate
the person to whom a certified receipt of title
cancellation is to
be delivered and any security interests that
are to be noted on
the certified receipt of title cancellation.
The registrar shall
inspect the title surrender form and the
certificate of title to
determine whether any uncanceled security
interests have been
noted on the title under section
4505.13 of
the Revised Code and
whether the person exporting the vehicle is
the lawful owner. If
the registrar determines that the
certificate is in proper order
and that all secured parties
having uncanceled security interests
noted on the certificate
have consented to the surrender of the
certificate, the registrar
shall issue a certified receipt of
title to the owner with such
notation of security interests as
shall be requested upon the
title surrender form.
(F) The registrar shall record a declaration of temporary
export filed under division (B)(2) of this section and retain it
with the records of the certificate of title until the owner
notifies the registrar, on a form prescribed by the registrar,
that the motor vehicle has been returned to the United States.
(G)(1) Whoever violates division (B)(1) or
(C)(1) of this
section
is guilty of a misdemeanor of the first degree.
(2) Whoever violates division (B)(2) or (C)(2) of this
section is
guilty of a felony of the fifth degree.
Sec. 4505.99.
(A) Whoever violates division (G) of section
4505.11 of the
Revised Code shall be fined not more than one
thousand dollars,
imprisoned not more than six months, or both.
(B) Whoever violates division (F) of section 4505.11 or
section 4505.111 of the Revised Code shall be fined not more than
two thousand dollars or imprisoned not more than one year, or
both.
(C) Whoever violates
any provision of sections 4505.01 to
4505.21 of the
Revised Code for which no penalty
is otherwise
is
provided in
this
the
section
that contains the provision violated
shall be fined not more
than two hundred dollars,
imprisoned not
more than ninety days, or both.
(D) Whoever violates section 4505.19 of the Revised Code
shall be fined not more than five thousand dollars or imprisoned
in the county jail or workhouse not less than six months nor more
than one year, or both, or in a state correctional institution not
less than
one nor more than five years.
(E) Whoever violates division (B)(1) or (C)(1) of section
4505.21 of the Revised Code is guilty of a misdemeanor of the
first degree.
(F) Whoever violates division (B)(2) or (C)(2) of section
4505.21 of the Revised Code is guilty of a felony of the
fifth
degree.
Sec. 4506.01. As used in this chapter:
(A) "Alcohol concentration" means the concentration of
alcohol in a person's blood, breath, or urine. When expressed as
a percentage, it means grams of alcohol per the following:
(1) One hundred milliliters of
whole blood, blood serum, or
blood plasma;
(2) Two hundred ten liters of breath;
(3) One hundred milliliters of urine.
(B) "School bus" has the same meaning as in section
4511.01
of the Revised Code.
(C) "Commercial driver's license" means a license issued in
accordance with this chapter that authorizes an individual to
drive a commercial motor vehicle.
(D) "Commercial driver license information system" means
the
information system established pursuant to the requirements
of the
"Commercial Motor Vehicle Safety Act of 1986," 100 Stat.
3207-171,
49 U.S.C.A. App. 2701.
(E) Except when used in section 4506.25 of the Revised
Code,
"commercial
motor vehicle" means any motor vehicle
designed or
used to transport persons or property that meets any
of the
following qualifications:
(1) Any combination of vehicles with a combined gross
vehicle weight rating of twenty-six thousand one pounds or more,
provided the gross vehicle weight rating of the vehicle or
vehicles being towed is in excess of ten thousand pounds;
(2) Any single vehicle with a gross vehicle weight rating
of
twenty-six thousand one pounds or more, or any such vehicle
towing
a vehicle having a gross vehicle weight rating that is not
in
excess of ten thousand pounds;
(3) Any single vehicle or combination of vehicles that is
not a class A or class B vehicle, but that either is designed to
transport sixteen or more passengers including the driver, or is
placarded for hazardous materials;
(4) Any school bus with a gross
vehicle weight rating of
less than twenty-six thousand one pounds
that is designed to
transport fewer than sixteen passengers
including the driver;
(5) Is transporting hazardous materials for which
placarding
is required by regulations adopted under the
"Hazardous Materials
Transportation Act," 88 Stat. 2156 (1975),
49 U.S.C.A. 1801, as
amended;
(6) Any single vehicle or combination of vehicles that is
designed to be
operated and to travel on a public street or
highway and is considered by the
federal highway administration to
be a commercial motor vehicle, including,
but not limited to, a
motorized crane, a vehicle whose function is to pump
cement, a rig
for drilling wells, and a portable crane.
(F) "Controlled substance" means all of the following:
(1) Any substance classified as a controlled substance
under
the "Controlled Substances Act," 80 Stat. 1242 (1970), 21
U.S.C.A.
802(6), as amended;
(2) Any substance included in schedules I through V of 21
C.F.R. part 1308, as amended;
(G) "Conviction" means an unvacated adjudication of guilt
or
a determination that a person has violated or failed to comply
with the law in a court of original jurisdiction or
an authorized
administrative tribunal, an unvacated forfeiture
of bail or
collateral deposited to secure the person's appearance in court,
the payment of a fine or court cost, or violation of a condition
of release without bail, regardless of whether or not the penalty
is rebated, suspended, or probated.
(H) "Disqualification" means withdrawal of the privilege
to
drive a commercial motor vehicle.
(I) "Drive" means to drive, operate, or be in physical
control of a motor vehicle.
(J) "Driver" means any person who drives, operates, or is
in
physical control of a commercial motor vehicle or is required
to
have a commercial driver's license.
(K) "Driver's license" means a license issued by the
bureau
of motor vehicles that authorizes an individual to drive.
(L) "Drug of abuse" means any controlled substance,
dangerous drug as defined in section 4729.01 of the Revised Code,
or over-the-counter medication that, when taken in quantities
exceeding the recommended dosage, can result in impairment of
judgment or reflexes.
(M) "Employer" means any person, including the federal
government, any state, and a political subdivision of any state,
that owns or leases a commercial motor vehicle or assigns a
person
to drive such a motor vehicle.
(N) "Endorsement" means an authorization on a person's
commercial driver's license that is required to permit the person
to operate a specified type of commercial motor vehicle.
(O) "Felony" means any offense under federal or state law
that is punishable by death or specifically classified as a
felony
under the law of this state, regardless of the penalty
that may be
imposed.
(P) "Foreign jurisdiction" means any jurisdiction other
than
a state.
(Q) "Gross vehicle weight rating" means the value
specified
by the manufacturer as the maximum loaded weight of a
single or a
combination vehicle. The gross vehicle weight rating
of a
combination vehicle is the gross vehicle weight rating of
the
power unit plus the gross vehicle weight rating of each towed
unit.
(R) "Hazardous materials" means materials identified as
such
under regulations adopted under the "Hazardous Materials
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as
amended.
(S) "Motor vehicle" has the same meaning as in section
4511.01 of the Revised Code.
(T) Except when used in sections 4506.25 and 4506.26 of the
Revised Code, "out-of-service order" means a temporary prohibition
against driving a commercial motor vehicle issued under this
chapter or a similar law of another state or of a foreign
jurisdiction.
(U) "Residence" means any person's residence determined in
accordance with standards
prescribed in rules adopted by the
registrar.
(V) "Temporary residence" means residence on a temporary
basis as
determined by the registrar in accordance with standards
prescribed in rules
adopted by the registrar.
(W) "Serious traffic violation" means a conviction arising
from the operation of a commercial motor vehicle that involves
any
of the following:
(1) A single charge of any speed that is in excess of the
posted speed limit by an amount specified by the United States
secretary of transportation and that the director of public
safety
designates as such by rule;
(2) Violation of section 4511.20, 4511.201, or 4511.202 of
the Revised Code or any similar ordinance or resolution, or of
any
similar law of another state or political subdivision of
another
state;
(3) Violation of a law of this state or an ordinance or
resolution relating to traffic control, other than a parking
violation, or of any similar law of another state or political
subdivision of another state, that results in a fatal accident;
(4) Violation of any other law of this state or an
ordinance
or resolution relating to traffic control, other than a
parking
violation, that is determined to be a serious traffic
violation by
the United States secretary of transportation and
the director
designates as such by rule.
(X) "State" means a state of the United States and
includes
the District of Columbia.
(Y) "Tank vehicle" means any commercial motor vehicle that
is designed to transport any liquid and has a maximum capacity
greater than one hundred nineteen gallons or is designed to
transport gaseous materials and has a water capacity greater than
one thousand pounds within
a tank that is either permanently or
temporarily attached to the
vehicle or its chassis. "Tank
vehicle" does not include either of the following:
(1) Any portable tank
having a rated capacity of less than
one thousand gallons;
(2) Tanks used exclusively as a fuel tank for the motor
vehicle to which
it is attached.
(Z) "United States" means the fifty states and the
District
of Columbia.
(AA) "Vehicle" has the same meaning as in section 4511.01
of
the Revised Code.
(BB) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(CC) "Portable tank" means a liquid or gaseous packaging
designed
primarily to be loaded on or temporarily attached to a
vehicle and
equipped with skids, mountings, or accessories to
facilitate
handling of the tank by mechanical means.
Sec. 4506.02. (A) Nothing in this chapter applies to any
person when engaged in the operation of any of the following:
(2) Fire equipment for a fire department, volunteer or
nonvolunteer fire company, fire district, or joint fire district;
(3) A public safety vehicle used to provide transportation
or emergency medical service for ill or injured persons;
(4) A recreational vehicle;
(5) A commercial motor vehicle within the boundaries of an
eligible unit of
local government, if the person is employed by
the eligible unit of local
government and is operating the
commercial motor vehicle for the purpose of
removing snow or ice
from a roadway by plowing, sanding, or salting, but only
if either
the employee who holds a commercial driver's license issued under
this chapter and ordinarily operates a commercial motor vehicle
for these
purposes is unable to operate the vehicle, or the
employing eligible unit of
local government determines that a snow
or ice emergency exists that requires
additional assistance;
(6) A vehicle owned by the department of defense and
operated by any member
or uniformed employee of the armed forces
of the United States or their
reserve components, including the
Ohio national guard. This exception
does not apply to United
States reserve technicians.
(7) A commercial motor vehicle that is operated
for
nonbusiness purposes. "Operated for nonbusiness purposes"
means
that the commercial motor vehicle is not used in commerce
as
"commerce" is defined in 49 C.F.R.
383.5, as amended, and is not
regulated by the public utilities
commission pursuant to Chapter
4919., 4921., or 4923. of the
Revised Code.
(8)
A motor vehicle that is designed primarily for the
transportation of
goods and not persons, while that motor vehicle
is being used for the
occasional transportation of
personal
property by
individuals not
for compensation and not in the
furtherance of a
commercial
enterprise.
(B) Nothing contained in division (A)(5) of this section
shall be
construed as
preempting or superseding any law, rule, or
regulation of this state
concerning the safe operation of
commercial motor vehicles.
(B)(C) As used in this section:
(1) "Eligible unit of local government" means a village,
township, or county
that has a population of not more than three
thousand persons according to the
most recent federal census.
(2) "Farm truck" means a truck controlled and operated by
a
farmer for use in the transportation to or from a farm, for a
distance of no more than one hundred fifty miles, of products of
the farm, including livestock and its products, poultry and its
products, floricultural and horticultural products, and in the
transportation to the farm, from a distance of no more than one
hundred fifty miles, of supplies for the farm, including tile,
fence, and every other thing or commodity used in agricultural,
floricultural, horticultural, livestock, and poultry production,
and livestock, poultry, and other animals and things used for
breeding, feeding, or other purposes connected with the operation
of the farm, when the truck is operated in accordance with this
division and is not used in the operations of a motor
transportation company or private motor carrier.
(3) "Public safety vehicle" has the same meaning as in
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.
(4) "Recreational vehicle" includes every vehicle that is
defined as a recreational vehicle in section 4501.01 of the
Revised Code and is used exclusively for purposes other than
engaging in business for profit.
Sec. 4506.03. (A) On and after April 1, 1992, the
following
shall apply:
(1) No person shall drive a commercial motor vehicle on a
highway in this state unless
he
the person holds a valid
commercial driver's
license with proper endorsements for the motor
vehicle being
driven, issued by the registrar of motor vehicles, a
valid
examiner's commercial driving permit issued under section
4506.13
of the Revised Code, a valid restricted commercial
driver's
license and waiver for farm-related service industries
issued
under section 4506.24 of the Revised Code, or a valid
commercial
driver's license temporary instruction permit issued by
the
registrar and is accompanied by an authorized state driver's
license examiner or tester or a person who has been issued and
has
in
his
the person's immediate possession a current, valid
commercial
driver's license with proper endorsements for the motor
vehicle
being driven.
(2) No person shall be issued a commercial driver's
license
until
he
the person surrenders to the registrar of motor
vehicles
all valid licenses issued to
him
the person by another
jurisdiction
recognized by this state. All surrendered licenses
shall be
returned by the registrar to the issuing authority.
(3) No person who has been a resident of this state for
thirty days or longer shall drive a commercial motor vehicle
under
the authority of a commercial driver's license issued by
another
jurisdiction.
(B) As used in this section and in section 4506.09 of the
Revised Code, "tester" means a person or entity acting pursuant
to
a valid agreement entered into under division (B) of section
4506.09 of the Revised Code.
(C)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4506.04. (A) No person shall do any of the
following:
(1) Drive a commercial motor vehicle while having in
his
the
person's
possession or otherwise under
his
the person's control
more than
one valid
driver's license issued by this state, any
other state, or by a
foreign jurisdiction;
(2) Drive a commercial motor vehicle on a highway in this
state in violation of an out-of-service order, while
his
the
person's driving
privilege is suspended, revoked, or canceled, or
while
he
the
person is
subject to disqualification;
(3) Drive a motor vehicle on a highway in this state under
authority of a commercial driver's license issued by another
state
or a foreign jurisdiction, after having been a resident of
this
state for thirty days or longer;
(4) Knowingly give false information in any application or
certification required by section 4506.07 of the Revised Code.
(B) The department of public safety shall give every
conviction occurring out of this state and notice of which is
received after December 31, 1989, full faith and credit and treat
it for sanctioning purposes under this chapter as though the
conviction had occurred in this state.
(C)(1) Whoever violates division (A)(1), (2), or (3) of
this
section is guilty of a misdemeanor of the first degree.
(2) Whoever violates division (A)(4) of this section is
guilty of
falsification, a misdemeanor of the first degree. In
addition, the
provisions of section 4507.19 of the Revised Code
apply.
Sec. 4506.05.
(A) Notwithstanding any other provision of
law, a
person may drive a commercial motor vehicle on a highway in
this
state if all of the following conditions are met:
(A) He
(1)
The person has a valid commercial driver's
license or
commercial
driver's license temporary instruction
permit issued by any state
in accordance with the minimum
standards adopted by the federal
highway administration under the
"Commercial Motor Vehicle Safety
Act of 1986," 100 Stat. 3207-171,
49 U.S.C.A.
App. for issuance of commercial drivers' licenses;
(B) His
(2)
The person's commercial driver's
license or
permit is
not suspended,
revoked,
or canceled;
(C) He
(3)
The person is not disqualified from
driving a
commercial
motor
vehicle;
(D) He
(4)
The person is not subject to an
out-of-service
order.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4506.06.
(A) The registrar of motor vehicles, upon
receiving an application for a commercial driver's temporary
instruction permit, may issue the permit to any person who is at
least eighteen years of age and holds a valid driver's license,
other than a restricted license, issued under Chapter 4507. of
the
Revised Code. A commercial driver's temporary instruction
permit
shall not be issued for a period exceeding six months and
only one
renewal of a permit shall be granted in a two-year
period.
The holder of a commercial driver's temporary instruction
permit, unless otherwise disqualified, may drive a commercial
motor vehicle when having the permit in the holder's actual
possession and
accompanied by a person who holds a valid
commercial driver's
license valid for the type of vehicle being
driven and who
occupies a seat beside the permit holder for the
purpose of
giving instruction in driving the motor vehicle.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the
first degree.
Sec. 4506.10. (A) No person who holds a valid commercial
driver's license shall drive a commercial motor vehicle unless
the person
is physically qualified to do so. Each person who
drives or
expects to drive a commercial motor vehicle in
interstate or
foreign commerce or is otherwise subject to 49
C.F.R. 391, et
seq., as amended, shall certify to the registrar of
motor
vehicles at the time of application for a commercial
driver's
license that
the person is in compliance with these
standards. Any
person who is not subject to 49 C.F.R. 391, et
seq., as amended,
also shall certify at the time of application
that
the person
is not
subject to these standards.
(B) A person is qualified to drive a class B commercial
motor vehicle with a school bus endorsement, if
the person
has
been
certified as medically qualified in accordance with rules
adopted
by the department of education.
(C)(1) Except as provided in division (C)(2) of this
section, any medical examination required by this section shall
be
performed only by
one of the following:
(a) A person licensed under Chapter 4731. of the
Revised
Code to practice medicine or surgery or osteopathic
medicine and
surgery in this state, or licensed under any similar
law of
another state;
(b) A person licensed as a physician assistant under Chapter
4730. of the Revised Code who practices under the supervision and
direction of a physician as required under that chapter and who is
authorized by the supervising physician to perform such a medical
examination;
(c) A person who is a certified nurse practitioner or a
clinical nurse specialist licensed under Chapter 4723. of the
Revised Code who is practicing in accordance with a standard care
arrangement pursuant to section 4723.431 of the Revised Code.
(2) Any
part of
an examination
required by this
section
that pertains to visual acuity, field of vision, and the
ability
to recognize colors may be performed by a person licensed
under
Chapter 4725. of the Revised Code to practice optometry in
this
state, or licensed under any similar law of another state.
(D) Whenever good cause appears, the registrar, upon
issuing
a commercial driver's license under this chapter, may
impose
restrictions suitable to the licensee's driving ability
with
respect to the type of motor vehicle or special mechanical
control
devices required on a motor vehicle
that the licensee
may
operate, or such other restrictions applicable to the
licensee as
the registrar determines to be necessary.
The registrar may either issue a special restricted license
or may set forth
the restrictions upon the usual license
form
the
restrictions imposed.
The registrar, upon receiving satisfactory evidence of any
violation of the restrictions of
the license, may
suspend or
revoke
it
impose a class D license suspension of the license for
the period of time specified in division (B)(4) of section 4510.02
of the Revised Code.
The registrar, upon receiving satisfactory evidence that an
applicant or holder of a commercial driver's license has violated
division (A)(4) of section 4506.04 of the Revised Code and
knowingly given false information in any application or
certification required by section 4506.07 of the Revised Code,
shall cancel the commercial driver's license of the person or any
pending application from the person for a commercial driver's
license or class D driver's license for a period of at least
sixty
days, during which time no application for a commercial
driver's
license or class D driver's license shall be received
from the
person.
(E)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4506.11. (A) Every commercial driver's license shall
be marked "commercial driver's license" or "CDL" and shall be of
such material and so designed as to prevent its reproduction or
alteration without ready detection, and, to this end, shall be
laminated with a transparent plastic material. The commercial
driver's
license for licensees under twenty-one years of age shall
have characteristics
prescribed by the registrar of motor vehicles
distinguishing it from that
issued to a licensee who is twenty-one
years of age or older. Every
commercial
driver's license shall
display all of the following
information:
(1) The name and residence address of the licensee;
(2) A color photograph of the licensee;
(3) A physical description of the licensee, including sex,
height, weight, and color of eyes and hair;
(4) The licensee's date of birth;
(5) The licensee's social security number
if the person has
requested that the number be displayed in accordance with section
4501.31 of the Revised Code or if federal law requires the social
security number to be displayed and any number
or other identifier
the director of public safety considers
appropriate and
establishes by rules adopted under Chapter 119.
of the Revised
Code and in compliance with federal law.
(6) The licensee's signature;
(7) The classes of commercial motor vehicles the licensee
is
authorized to drive and any endorsements or restrictions
relating
to the licensee's driving of those vehicles;
(8) A space marked "blood type" in which the licensee may
specify the licensee's blood type;
(9) The name of this state;
(10) The dates of issuance and of expiration of the
license;
(11) If the licensee has certified willingness to make an
anatomical donation under section 2108.04 of the Revised Code,
any
symbol chosen by the registrar of motor vehicles to indicate
that
the licensee has certified that willingness;
(12) If the licensee has
executed a durable power of
attorney for health care or a
declaration governing the use or
continuation, or the withholding
or withdrawal, of life-sustaining
treatment and has specified
that the licensee wishes the license
to
indicate that the licensee has executed either type of
instrument, any symbol chosen by the registrar to indicate that
the licensee
has executed either type of instrument;
(13) Any other information the registrar considers
advisable
and requires by rule.
(B) The registrar may establish and maintain a file of
negatives of photographs taken for the purposes of this section.
(C) Neither the registrar nor any deputy registrar shall
issue a commercial driver's license to anyone under twenty-one
years of age
that does not have the characteristics prescribed by
the registrar
distinguishing it from the commercial driver's
license issued to persons who
are twenty-one years of age or
older.
(D)
Whoever violates division (C) of this section is
guilty
of a minor misdemeanor.
Sec. 4506.12. (A) Commercial drivers' licenses shall be
issued in the following classes and shall include any
endorsements
and restrictions that are applicable. Subject to
any such
endorsements and restrictions, the holder of a valid
commercial
driver's license may drive all commercial motor
vehicles in the
class for which that license is issued and all
lesser classes of
vehicles, except that
he
the holder shall not
operate a
motorcycle
unless
he
the holder is licensed to do so under Chapter 4507. of
the Revised
Code.
(B) The classes of commercial drivers' licenses and the
commercial motor vehicles that they authorize the operation of
are
as follows:
(1) Class A--any combination of vehicles with a combined
gross vehicle weight rating of twenty-six thousand one pounds or
more, if the gross vehicle weight rating of the vehicle or
vehicles being towed is in excess of ten thousand pounds.
(2) Class B--any single vehicle with a gross vehicle
weight
rating of twenty-six thousand one pounds or more or any
such
vehicle towing a vehicle having a gross vehicle weight
rating that
is not in excess of ten thousand pounds.
(3) Class C--any single vehicle, or combination of
vehicles,
that is not a class A or class B vehicle, but that
either is
designed to transport sixteen or more passengers,
including the
driver, or is placarded for hazardous materials and
any school bus
with a gross vehicle weight rating of less than
twenty-six
thousand one pounds that is designed to transport
fewer than
sixteen passengers including the driver.
(C) The following endorsements and restrictions apply to
commercial drivers' licenses:
(1) H--authorizes the driver to drive a vehicle
transporting
hazardous materials;
(2) K--restricts the driver to only intrastate operation;
(3) L--restricts the driver to vehicles not equipped with
air brakes;
(4) T--authorizes the driver to drive double and triple
trailers;
(5) P--authorizes the driver to drive vehicles carrying
passengers;
(6) P1--authorizes the driver to drive class A vehicles
with
fewer than fifteen passengers and all lesser classes of
vehicles
without restriction as to the number of passengers;
(7) P2--authorizes the driver to drive class A or B
vehicles
with fewer than fifteen passengers and all lesser
classes of
vehicles without restriction as to the number of
passengers;
(8) P3--restricts the driver to driving class B school
buses;
(9) P4--Restricts the driver to driving class C school
buses
designed to transport fewer than sixteen passengers
including the
driver.
(10) N--authorizes the driver to drive tank vehicles;
(11) S--authorizes the driver to drive school buses;
(12) X--authorizes the driver to drive tank vehicles
transporting hazardous materials;
(13) W--restricts the driver to the operation of
commercial
motor vehicles in accordance with a waiver for
farm-related
service industries issued under section 4506.24 of
the Revised
Code.
(D) No person shall drive any commercial motor vehicle for
which an endorsement is required under this section unless the
proper endorsement appears on the person's commercial driver's
license.
(E)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4506.14. (A) Commercial driver's licenses shall
expire
as follows:
(1) Except as provided in division (A)(3) of this section,
each such license issued to replace an operator's or chauffeur's
license shall expire on the original expiration date of the
operator's or chauffeur's license and, upon renewal, shall expire
on the licensee's birthday in the fourth year after the date of
issuance.
(2) Except as provided in division (A)(3) of this section,
each such license issued as an original license to a person whose
residence
is in this state shall expire on
the licensee's birthday
in the fourth year after the date of issuance,
and each such
license issued to a
person whose temporary residence is in this
state shall expire
in accordance with rules adopted by the
registrar of motor
vehicles. A license issued to a person with a
temporary
residence in this state is nonrenewable, but may be
replaced
with a new license within ninety days prior to its
expiration
upon the applicant's compliance with all applicable
requirements.
(3) Each such license issued to replace the operator's or
chauffeur's license of a person who is less than twenty-one years
of age, and each such license issued as an original license to a
person who is less than twenty-one years of age, shall expire on
the licensee's twenty-first birthday.
(B) No commercial driver's license shall be issued for
a
period longer than four years and ninety days. Except as provided
in
section
4507.12 of the Revised Code, the registrar may
waive
the examination of any person applying for the renewal of a
commercial driver's license issued under this chapter, provided
that the applicant presents either an unexpired commercial
driver's license or a commercial driver's license that has
expired
not more than six months prior to the date of application.
(C) Subject to the requirements of this chapter and except
as provided in
division (A)(2) of this section in regard to a
person whose temporary
residence is in this state, every
commercial driver's license shall be
renewable ninety days before
its expiration upon payment
of the fees required by section
4506.08 of the Revised Code. Each person
applying for renewal of
a commercial driver's license shall complete the
application form
prescribed by section 4506.07 of the Revised Code and shall
provide all certifications required. If the person wishes to
retain an
endorsement authorizing the person to
transport
hazardous materials, the person shall take and
successfully
complete the written test for the endorsement.
(D) Each person licensed as a driver under this chapter
shall notify the registrar of any change in the
person's address
within ten days following that change. The
notification shall be
in writing on a form provided by the
registrar and shall include
the full name, date of birth, license
number, county of residence,
social security number, and new
address of the person.
(E)
Whoever violates division (D) of this section is
guilty
of a minor misdemeanor.
Sec. 4506.15.
(A) No person shall do any of the following:
(A)(1) Drive a commercial motor vehicle while having a
measurable or
detectable amount of alcohol or of a controlled
substance in
his
the
person's blood,
breath,
or urine;
(B)(2) Drive a commercial motor vehicle while having an
alcohol concentration
of four-hundredths of one per cent or more;
(C)(3) Drive a commercial motor vehicle while under the
influence of a
controlled substance;
(D)(4) Knowingly leave the scene of an accident involving a
commercial motor
vehicle driven by the person;
(E)(5) Use a commercial motor vehicle in the commission of a
felony;
(F)(6) Refuse to submit to a test under section 4506.17 of
the Revised Code;
(G)(7) Violate an out-of-service order issued under this
chapter;
(H)(8) Violate any prohibition described in divisions
(B)(A)(2) to
(G)(7) of this
section while transporting hazardous
materials.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4506.16. (A) Whoever violates division (A)(1) of
section 4506.15 of the Revised Code or a similar law of another
state or a foreign jurisdiction, immediately shall be placed
out-of-service for twenty-four hours, in addition to any
disqualification required by this section and any other penalty
imposed by the Revised Code.
(B) The registrar of motor vehicles shall disqualify any
person from operating a commercial motor vehicle as follows:
(1)
Upon
Subject to division (B)(4) of this section, upon a
first conviction for a violation of
any provision of divisions
(B)(A)(2) to
(G)(7) of section 4506.15 of the Revised Code or a
similar
law of another state or a foreign jurisdiction, one year,
in
addition to any other penalty imposed by the Revised Code;
(2) Upon a first conviction for a violation of division
(H)(A)(8) of section 4506.15 of the Revised Code or a similar law
of
another state or a foreign jurisdiction, three years, in
addition
to any other penalty imposed by the Revised Code;
(3) Upon a second conviction for a violation of
any
provision of divisions
(B)(A)(2) to
(G)(7) of section 4506.15 of
the Revised Code or a similar
law of another state or a foreign
jurisdiction, or any
combination of such violations arising from
two or more separate
incidents, the person shall be disqualified
for life or for any
other period of time as determined by the
United States secretary
of transportation and designated by the
director of public safety
by rule, in addition to any other
penalty imposed by the Revised
Code;
(4) Upon conviction of a violation of division
(E)(A)(5) of
section 4506.15 of the Revised Code or a similar law of another
state or a foreign jurisdiction in connection with the
manufacture, distribution, or dispensing of a controlled
substance
or the possession with intent to manufacture,
distribute, or
dispense a controlled substance, the person shall
be disqualified
for life, in addition to any other penalty
imposed by the Revised
Code;
(5) Upon conviction of two serious traffic violations
involving the operation of a commercial motor vehicle by the
person and arising from separate incidents occurring in a
three-year period, the person shall be disqualified for sixty
days, in addition to any other penalty imposed by the Revised
Code;
(6) Upon conviction of three serious traffic violations
involving the operation of a commercial motor vehicle by the
person and arising from separate incidents occurring in a
three-year period, the person shall be disqualified for one
hundred twenty days, in addition to any other penalty imposed by
the Revised Code.
(C) For the purposes of this section, conviction of a
violation for which disqualification is required may be evidenced
by any of the following:
(1) A judgment entry of a court of competent jurisdiction in
this or any
other state;
(2) An administrative order of a state agency of this or any
other state having
statutory jurisdiction over commercial drivers;
(3) A computer record obtained from or through the
commercial driver's license information system;
(4) A computer record obtained from or through a state
agency of this or any other state
having statutory jurisdiction
over commercial drivers or
the records of commercial drivers.
(D) Any record described in division (C) of this section
shall be deemed to be self-authenticating when it is received by
the bureau of motor vehicles.
(E) When disqualifying a driver, the registrar shall cause
the records of the bureau to be updated to reflect that action
within ten days after it occurs.
(F) The registrar immediately shall notify a driver who is
finally convicted of any offense described in section 4506.15 of
the Revised Code or division (B)(4), (5), or (6) of this section
and thereby is subject to disqualification, of the offense or
offenses involved, of the length of time for which
disqualification is to be imposed, and that the driver may
request
a hearing within thirty days of the mailing of the notice
to show
cause why the driver should not be disqualified from
operating a
commercial motor vehicle. If a request for such a hearing is not
made within thirty days of the mailing of the notice, the order
of
disqualification is final. The registrar may designate
hearing
examiners who, after affording all parties reasonable
notice,
shall conduct a hearing to determine whether the
disqualification
order is supported by reliable evidence. The
registrar shall
adopt rules to implement this division.
(G) Any person who is disqualified from operating a
commercial motor vehicle under this section may apply to the
registrar for a driver's license to operate a motor vehicle other
than a commercial motor vehicle, provided the person's commercial
driver's license is not otherwise suspended
or revoked. A person
whose commercial driver's license is suspended
or revoked shall
not apply to the registrar for or receive a driver's license
under
Chapter 4507. of the Revised Code during the period of
suspension
or revocation.
Sec. 4506.17. (A) Any person who drives a commercial
motor
vehicle within this state shall be deemed to have given
consent to
a test or tests of the person's
whole blood,
blood serum or
plasma, breath, or
urine for the
purpose of determining the
person's alcohol concentration or
the
presence
of any controlled
substance.
(B) A test or tests as provided in division (A) of this
section may be administered at the direction of a peace officer
having reasonable ground to stop or detain the person and, after
investigating the circumstances surrounding the operation of the
commercial motor vehicle, also having reasonable ground to
believe
the person was driving the commercial vehicle
while having a
measurable or detectable amount of alcohol or of a
controlled
substance in the person's
whole blood,
blood serum or plasma,
breath, or urine.
Any such test
shall be
given within two hours
of the time of the alleged
violation.
(C) A person requested to submit to a test under division
(A) of this section shall be advised by the peace officer
requesting the test that a refusal to submit to the test will
result in the person immediately being placed out-of-service for
a
period of twenty-four hours and being disqualified from
operating
a commercial motor vehicle for a period of not less
than one year,
and that the person is required to surrender the
person's
commercial driver's license to the peace officer.
(D) If a person refuses to submit to a test after being
warned as provided in division (C) of this section or submits to
a
test that discloses the presence of a controlled substance or
an
alcohol concentration of four-hundredths of one per cent or
more,
the person immediately
shall surrender the person's commercial
driver's
license to the
peace officer.
The peace officer shall
forward the license, together with a
sworn report, to the
registrar of motor vehicles certifying that
the test was requested
pursuant to division (A) of this section
and that the person
either refused to submit to testing or
submitted to a test that
disclosed the presence of a controlled
substance or an alcohol
concentration of four-hundredths of one
per cent or more. The
form and contents of the report required
by this section shall be
established by the registrar by rule,
but shall contain the advice
to be read to the driver and a
statement to be signed by the
driver acknowledging that
the driver has been read
the advice and
that the form was shown to the driver.
(E) Upon receipt of a sworn report from a peace officer as
provided in division (D) of this section, the registrar shall
disqualify the person named in the report from driving a
commercial motor vehicle for the period
described below:
(1) Upon a first incident, one year;
(2) Upon an incident of refusal or of a prohibited
concentration of
alcohol after one or more previous incidents of
either refusal or of a
prohibited concentration of alcohol, the
person shall be disqualified for life
or such lesser period as
prescribed by rule by the registrar.
(F) A
blood test
of a person's whole blood or a person's
blood serum or plasma given under this section shall comply
with
the applicable provisions of division (D) of section
4511.19 of
the Revised Code and any physician, registered nurse,
or qualified
technician
or, chemist,
or
phlebotomist who withdraws
whole blood
or blood serum or plasma from a
person under this section, and any
hospital, first-aid station,
or
clinic,
or other facility at which
whole blood
or blood serum or plasma is withdrawn
from a
person
pursuant to
this section, is immune from criminal
liability, and
from civil
liability that is based upon a claim of
assault and
battery or
based upon any other claim of malpractice,
for any act
performed
in withdrawing
whole blood
or blood serum or plasma from
the person.
(G) When a person submits to a test under this section,
the
results of the test, at the person's request, shall be
made
available
to the person, the person's attorney, or
the
person's
agent, immediately upon completion
of the chemical test analysis.
The person also may have an
additional test administered by a
physician, a registered nurse,
or a qualified technician
or,
chemist,
or
phlebotomist of the person's own
choosing as
provided
in division (D) of section 4511.19 of the Revised
Code for tests
administered under that section, and the failure
to obtain such a
test has the same effect as in that division.
(H) No person shall refuse to immediately surrender the
person's
commercial driver's license to a peace officer when
required to
do so by this section.
(I) A peace officer issuing an out-of-service order or
receiving a commercial driver's license surrendered under this
section may remove or arrange for the removal of any commercial
motor vehicle affected by the issuance of that order or the
surrender of that license.
(J)(1) Except for civil actions arising out of the
operation
of a motor vehicle and civil actions in which the state
is a
plaintiff, no peace officer of any law enforcement agency
within
this state is liable in compensatory damages in any civil
action
that arises under the Revised Code or common law of this
state for
an injury, death, or loss to person or property caused
in the
performance of official duties under this section and
rules
adopted under this section, unless the officer's actions were
manifestly outside the scope of the officer's employment or
official
responsibilities, or unless the officer acted with
malicious
purpose, in bad faith, or in a wanton or reckless
manner.
(2) Except for civil actions that arise out of the
operation
of a motor vehicle and civil actions in which the state
is a
plaintiff, no peace officer of any law enforcement agency
within
this state is liable in punitive or exemplary damages in
any civil
action that arises under the Revised Code or common law
of this
state for any injury, death, or loss to person or
property caused
in the performance of official duties under
this
section of the
Revised Code and rules adopted under this section,
unless the
officer's actions were manifestly outside the scope of
the
officer's employment or official responsibilities, or
unless the
officer acted with malicious purpose, in bad faith, or in a
wanton
or reckless manner.
(K) When disqualifying a driver, the registrar shall
cause
the records of the bureau of motor vehicles to be updated to
reflect the
disqualification within ten days after it occurs.
(L) The registrar immediately shall
notify a driver who is
subject to disqualification of the disqualification, of
the length
of the disqualification, and that the driver may request a hearing
within thirty days of the mailing of the notice to show cause why
the driver
should not be disqualified from operating a commercial
motor vehicle. If a
request for such a hearing is not made within
thirty days of the mailing of
the
notice, the order of
disqualification is final. The registrar may designate
hearing
examiners who, after affording all parties reasonable notice,
shall
conduct a hearing to determine whether the disqualification
order is supported
by reliable evidence. The registrar shall
adopt rules to implement this
division.
(M) Any person who is disqualified from
operating a
commercial motor vehicle under this section may apply to the
registrar for a driver's license to operate a motor vehicle other
than a
commercial motor vehicle, provided the person's commercial
driver's license is
not otherwise suspended
or revoked. A person
whose commercial driver's
license
is suspended
or revoked shall
not apply to the registrar for or receive
a
driver's license under
Chapter 4507. of the
Revised Code
during the period of suspension
or revocation.
(N)
Whoever violates division (H) of this section is
guilty
of a misdemeanor of the first degree.
Sec. 4506.18.
(A) Any driver who holds a commercial
driver's
license issued by
this state and is convicted in another
state or a foreign jurisdiction of
violating any law or ordinance
relating to motor vehicle traffic control,
other
than a parking
violation, shall provide written notice of that conviction
within
thirty days after the date of conviction to the bureau of motor
vehicles
and to
his
the driver's employer in accordance with the
provisions of 49 C.F.R. 383,
subpart
C, as amended.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the
first degree.
Sec. 4506.19.
(A) The provisions of 49 C.F.R. 383, subpart
C, as
amended, shall
apply to all commercial drivers or persons
who apply for employment as
commercial drivers. No person shall
fail to make a report to
his
the person's employer as
required by
this section.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the
first degree.
Sec. 4506.20. (A) Each employer shall require every
applicant for
employment as a driver of a commercial motor vehicle
to provide the
information
specified in section 4506.20 of the
Revised Code.
(B) No employer shall knowingly permit or authorize any
driver employed
by
him
the employer to drive a commercial motor
vehicle during any
period in which any of the
following apply:
(1) The driver's commercial driver's license is suspended,
revoked, or
canceled by any state or a foreign jurisdiction;
(2) The driver has lost
his
the privilege to drive, or
currently is
disqualified from driving, a commercial motor vehicle
in any state or foreign
jurisdiction;
(3) The driver is subject to an out-of-service order in any
state or
foreign jurisdiction;
(4) The driver has more than one driver's license.
(C)
Whoever violates this section is guilty of a misdemeanor
of
the
first degree.
Sec. 4506.99.
(A) Whoever violates division (A) of section
4506.03,
division (A)(1), (2), or (3) of section 4506.04, division
(A) of section
4506.10, division (H) of section 4506.17, or
section 4506.20 of the Revised
Code is guilty of a misdemeanor of
the first degree.
(B) Whoever violates division (A)(4) of section 4506.04 of
the Revised
Code is guilty of falsification, a misdemeanor of the
first degree. In
addition, the provisions of section 4507.19 of
the Revised Code apply.
(C) Whoever violates division (C) of section 4506.11 or
division (D) of
section 4506.14 of the Revised Code is guilty of a
minor misdemeanor.
(D) Whoever violates any provision of sections 4506.03 to
4506.20 of
the
Revised Code for which no penalty
is otherwise
is
provided in
this
the section
that contains the provision violated
is
guilty of a misdemeanor of the first degree.
Sec. 4507.02. (A)(1)
No person, except those expressly
exempted under sections 4507.03, 4507.04, and 4507.05 of the
Revised Code, shall operate any motor vehicle upon a highway or
any public or private property used by the public for purposes of
vehicular travel or parking in this state unless the person has a
valid driver's license issued under this chapter or a commercial
driver's license issued under Chapter 4506. of the Revised Code.
(2) No person shall permit the operation of a motor
vehicle
upon any public or private property used by the public
for
purposes of vehicular travel or parking knowing the operator
does
not have a valid driver's license issued to the operator by
the
registrar of motor vehicles under this chapter or a valid
commercial driver's license issued under Chapter 4506. of the
Revised Code.
Whoever violates this division is guilty of a
misdemeanor of the first degree.
(3) No person, except a person expressly exempted under
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall
operate any motorcycle upon a highway or any public or private
property used by the public for purposes of vehicular travel or
parking in this state unless the person has a valid license as a
motorcycle operator, that was issued upon application by the
registrar under this chapter. The license shall be in the form
of
an endorsement, as determined by the registrar, upon a
driver's or
commercial driver's license, if the person has a
valid license to
operate a motor vehicle or commercial motor
vehicle, or in the
form of a restricted license as provided in
section 4507.14 of the
Revised Code, if the person does not have
a valid license to
operate a motor vehicle or commercial motor
vehicle.
(4)(2) No person shall receive a driver's license, or a
motorcycle operator's endorsement of a driver's or commercial
driver's license, unless and until the person surrenders to
the
registrar
all valid licenses issued to the person by another
jurisdiction
recognized by this state. All surrendered licenses
shall be
returned by the registrar to the issuing authority,
together with
information that a license is now issued in this
state. No
person shall be permitted to have more than one valid
license at
any time.
(B)(1) No person, whose driver's or commercial driver's
license or permit or nonresident's operating privilege has been
suspended or revoked pursuant to Chapter 4509. of the Revised
Code, shall operate any motor vehicle within this state, or
knowingly permit any motor vehicle owned by the person to be
operated by
another person in the state, during the period of the
suspension
or revocation, except as specifically authorized by
Chapter 4509.
of the Revised Code. No person shall operate a
motor vehicle
within this state, or knowingly permit any motor
vehicle owned by
the person to be operated by another person in
the state,
during the
period in which the person is required by
section 4509.45 of
the Revised
Code to file and maintain proof of
financial responsibility for a
violation of section 4509.101 of
the Revised Code, unless proof
of financial responsibility is
maintained with respect to that
vehicle.
(2) No person shall operate any motor vehicle upon a
highway
or any public or private property used by the public for
purposes
of vehicular travel or parking in this state in
violation of any
restriction of the person's driver's or
commercial driver's
license imposed under division (D) of section
4506.10 or section
4507.14 of the Revised Code.
(C) No person, whose driver's or commercial driver's
license
or permit has been suspended pursuant to section
4511.191, section
4511.196, or division (B) of section 4507.16 of
the Revised Code,
shall operate any motor vehicle within this
state until the person
has paid the license reinstatement fee
required
pursuant to
division (L) of section 4511.191 of the Revised Code
and the
license or permit has been returned to the person or a
new license
or permit has been issued to the person.
(D)(1) No person, whose driver's or commercial driver's
license or permit or nonresident operating privilege has been
suspended or revoked under any provision of the Revised Code
other
than Chapter 4509. of the Revised Code or under any
applicable law
in any other jurisdiction in which the person's
license or permit
was issued, shall operate any motor vehicle
upon the highways or
streets within this state during the period
of the suspension or
within one year after the date of the
revocation. No person who
is granted occupational driving
privileges by any court shall
operate any motor vehicle upon the
highways or streets in this
state except in accordance with the
terms of the privileges.
(2) No person, whose driver's or commercial driver's
license
or permit or nonresident operating privilege has been
suspended
under division (B) of section 4507.16 of the Revised
Code, shall
operate any motor vehicle upon the highways or
streets within this
state during the period of suspension. No
person who is granted
occupational driving privileges by any
court shall operate any
motor vehicle upon the highways or
streets in this state except in
accordance with the terms of
those privileges.
(E)(1) It is an affirmative defense to any prosecution
brought pursuant to division (B), (C), or (D) of this section
that
the alleged offender drove under suspension or in violation
of a
restriction because of a substantial emergency, provided
that no
other person was reasonably available to drive in
response to the
emergency.
(2) It is an affirmative defense to any prosecution brought
pursuant to division (B)(1) of this section that the order of
suspension resulted from the failure of the alleged offender to
respond to a
financial responsibility random verification
request
under division (A)(3)(c) of section 4509.101
of the
Revised Code
and that, upon a
showing of proof of financial responsibility, the
alleged offender was in
compliance with division
(A)(1) of section
4509.101 of the Revised Code at
the time of the
initial financial
responsibility random verification request.
(F)(1) If a person is convicted of a violation of
division
(B), (C), or (D) of this section
4510.11, 4510.14,
4510.16, or
4510.21 of
the Revised Code or if division (F) of section 4507.164
of the
Revised Code
applies, the trial judge of any court,
in
addition to
or independent of, any other penalties provided by
law
or
ordinance, shall impound the identification license plates
of
any
motor vehicle registered in the name of the person. The
court
shall send the impounded license plates to the registrar,
who may
retain the license plates until the driver's or
commercial
driver's license of the owner has been reinstated or
destroy them
pursuant to section 4503.232 of the Revised Code.
If the license plates of a person convicted of a violation
of
division (B), (C), or (D) of this section
any provision of those
sections have been impounded
in accordance with the provisions of
this division, the court
shall notify the registrar of that
action. The notice shall
contain the name and address of the
driver, the serial number of
the driver's driver's or commercial
driver's license, the
serial numbers
of the license plates of the
motor vehicle, and the length of
time for which the license plates
have been impounded. The
registrar shall record the data in the
notice as part of the
driver's permanent record.
(2) Any motor vehicle owner who has had the license plates
of a motor vehicle impounded pursuant to division
(F)(B)(1) of
this
section may apply to the registrar, or to a deputy registrar,
for
special license plates
which
that shall conform to the
requirements of
section 4503.231 of the Revised Code. The
registrar or deputy
registrar forthwith shall notify the court of
the application
and, upon approval of the court, shall issue
special license
plates to the applicant. Until the driver's or
commercial
driver's license of the owner is reinstated, any new
license
plates issued to the owner also shall conform to the
requirements of
section 4503.231 of the Revised Code.
The registrar or deputy
registrar shall charge the owner of a
vehicle the
fees provided in section 4503.19 of the Revised Code
for special
license plates that are issued in accordance
with this
division, except upon renewal as specified in section
4503.10 of
the Revised Code, when the regular fee as provided in
section
4503.04 of the Revised Code shall be charged. The registrar or
deputy registrar shall charge the owner of a
vehicle the fees
provided in section 4503.19 of the Revised Code whenever special
license
plates are exchanged, by reason of the
reinstatement of
the driver's or commercial driver's license of
the owner, for
those ordinarily issued.
(3) If an owner wishes to sell a motor vehicle during the
time the special license plates provided under division
(F)(B)(2)
of
this section are in use, the owner may apply to the court
that
impounded
the license plates of the motor vehicle for permission
to
transfer title to the motor vehicle. If the court is satisfied
that the sale will be made in good faith and not for the purpose
of circumventing the provisions of this section, it may certify
its consent to the owner and to the registrar of motor vehicles
who shall enter notice of the transfer of the title of the motor
vehicle in the vehicle registration record.
If, during the time the special license plates provided
under
division
(F)(B)(2) of this section are in use, the title
to a
motor vehicle is transferred by the foreclosure of a chattel
mortgage, a sale upon execution, the cancellation of a
conditional
sales contract, or by order of a court, the court
shall notify the
registrar of the action and the registrar shall
enter notice of
the transfer of the title to the motor vehicle in
the vehicle
registration record.
(G)(C) This section is not intended to change or modify any
provision of Chapter 4503. of the Revised Code with respect to
the
taxation of motor vehicles or the time within which the taxes
on
motor vehicles shall be paid.
Sec. 4507.023. The registrar of motor vehicles may furnish
the name and
social
security number of any person whose driver's
license or commercial driver's
license has been suspended or
revoked
canceled, or of any person
whose certificate of
registration and license plates are subject to impoundment, to the
tax
commissioner. The tax commissioner may return to the
registrar the address of
any such person as shown on the most
recent return filed by that person under
section 5747.08 of the
Revised Code.
Sec. 4507.05. (A) The registrar of motor vehicles, or
a
deputy registrar, upon receiving
an application
for a temporary
instruction permit and a temporary instruction permit
identification card for a driver's license from any person
who is
at least fifteen years and six months of age, may
issue such a
permit and identification card entitling the applicant to
drive a
motor vehicle,
other than a commercial motor vehicle, upon the
highways
under the following conditions:
(1) If the permit is issued to a person who is at least
fifteen years
and six months of age, but less than sixteen years
of age:
(a) The permit and identification card are in the
holder's
immediate possession;
(b) The holder is accompanied by an eligible adult
who
actually occupies the seat beside the permit holder;
(c) The total number of occupants of the vehicle
does not
exceed the total number of occupant restraining devices originally
installed in the motor vehicle by its manufacturer, and each
occupant of the
vehicle is wearing all of the available elements
of a properly adjusted
occupant restraining device.
(2) If the permit is issued to a person who is at least
sixteen years of
age:
(a) The permit and identification card are in the holder's
immediate
possession;
(b) The holder is
accompanied by a licensed operator who is
at least twenty-one years of age
and is actually occupying a
seat
beside the driver;
(c) The total number of occupants of the
vehicle does not
exceed the total number of occupant restraining devices
originally
installed in the motor vehicle by its manufacturer, and each
occupant
of the vehicle is wearing all of the
available elements
of a properly adjusted occupant restraining
device.
(B) The registrar or a deputy registrar,
upon receiving from
any person an application for a temporary
instruction permit and
temporary instruction permit identification card
to
operate a
motorcycle or motorized bicycle,
may issue such a permit and
identification card entitling the
applicant, while
having the
permit and identification card in the applicant's
immediate
possession, to drive a
motorcycle or motorized bicycle under
restrictions determined by the registrar.
A temporary instruction
permit and temporary instruction permit
identification card to
operate a motorized bicycle may be issued
to a person fourteen or
fifteen years old.
(C) Any permit and identification card issued under this
section shall be
issued in the same manner as a driver's license,
upon a
form to be
furnished by the registrar.
A temporary
instruction
permit to drive a motor vehicle other than a
commercial motor vehicle
shall be valid for a period of one year.
(D) Any person having in the person's possession a
valid and
current
driver's license or motorcycle operator's license or
endorsement
issued to the person by another jurisdiction
recognized by
this state is
exempt from obtaining a temporary
instruction permit for a
driver's license, but shall submit to the
regular examination in
obtaining a driver's license or motorcycle
operator's endorsement
in this state.
(E) The registrar may adopt rules governing the use
of
temporary instruction permits and temporary
instruction permit
identification cards.
(F)(1) No holder of a permit issued
under division (A) of
this
section shall operate a motor vehicle upon a highway or any
public or private property used by the public for purposes of
vehicular travel or parking in violation of the conditions
established under division (A)
of this section.
(2) Except as provided in division (F)(2) of this section,
no
holder of a permit that is issued under division
(A) of this
section and that is issued on or
after the effective date of this
amendment, and who has not attained the age
of seventeen years,
shall
operate a motor vehicle upon a highway or any public or
private property used
by the public for purposes of vehicular
travel or parking between the hours of
one a.m. and five a.m.
The holder of a permit issued under division (A) of this
section
on
or after the effective date of this amendment, who has
not attained the age of
seventeen years, may operate a motor
vehicle upon a highway or any public or
private property used by
the public for purposes of vehicular travel or parking
between the
hours of one a.m. and five
a.m. if, at the time of such operation,
the holder is
accompanied by the holder's parent, guardian, or
custodian, and the parent,
guardian, or custodian holds a current
valid driver's or commercial driver's
license issued by this state
and is actually occupying a seat beside the
permit holder.
(G)(1) Notwithstanding
any other provision of law to the
contrary, no law enforcement
officer shall cause the operator of a
motor vehicle being
operated on any street or highway to stop the
motor vehicle for
the sole purpose of determining whether each
occupant of the
motor vehicle is wearing all of the available
elements of a
properly adjusted occupant restraining device as
required by
division (A) of this
section, or for the sole purpose
of issuing a ticket, citation,
or summons if the requirement in
that division has been or is
being violated, or for causing the
arrest of or commencing a
prosecution of a person for a violation
of that
requirement.
(2) Notwithstanding any other provision of law to the
contrary, no law
enforcement officer shall cause the operator of a
motor vehicle being operated
on any street or highway to stop the
motor vehicle for the sole purpose of
determining whether a
violation of division
(F)(2) of this section has been or is being
committed or for the sole purpose of issuing a ticket, citation,
or summons
for
such a violation or for causing the arrest of or
commencing a prosecution of a
person for such violation.
(H) As used in this section:
(1) "Eligible adult" means any of the following:
(a) An instructor of a driver education course
approved by
the department of education or a driver training course approved
by
the department of public safety;
(b) Any of the following persons who holds a current
valid
driver's or commercial driver's license issued by this state:
(i) A parent, guardian, or custodian of the permit
holder;
(ii) A person twenty-one years of age or older who
acts in
loco parentis of the permit holder.
(2) "Occupant restraining device" has the same meaning as
in
section 4513.263 of the
Revised
Code.
(I)
Whoever violates division (F)(1) or (2) of this
section
is guilty of a minor misdemeanor.
Sec. 4507.06. (A)(1) Every application for a driver's
license or motorcycle operator's license or endorsement, or
duplicate of any such license or endorsement, shall be made upon
the approved form furnished by the registrar of motor vehicles
and
shall be signed by the applicant.
Every application shall state the following:
(a) The applicant's name, date of birth, social security
number if
such has been assigned, sex, general description,
including
height, weight, color of hair, and eyes, residence
address, including county of residence, duration of residence in
this state, and country of citizenship;
(b) Whether the applicant previously has been licensed as
an
operator, chauffeur, driver, commercial driver, or motorcycle
operator and, if so, when, by what state, and whether such
license
is suspended or
revoked
canceled at the present time
and, if so,
the date of and reason for the suspension or
revocation
cancellation;
(c) Whether the applicant is now or ever has been
afflicted
with epilepsy, or whether the applicant now is
suffering from any
physical or mental disability or disease and,
if so, the nature
and extent of the disability or disease, giving
the names and
addresses of physicians then or previously in
attendance upon the
applicant;
(d) Whether an applicant for a duplicate driver's license,
or duplicate license containing a motorcycle operator endorsement
has pending a citation for violation of any motor vehicle law or
ordinance, a description of any such citation pending, and the
date of the citation;
(e) Whether the applicant wishes to certify willingness to
make an anatomical gift under section 2108.04 of the Revised
Code,
which shall be given no consideration in the issuance of a
license
or endorsement;
(f)
On and after May 1, 1993, whether
Whether the applicant
has
executed a valid durable power of attorney for health care
pursuant to sections 1337.11 to 1337.17 of the Revised Code or
has
executed a declaration governing the use or continuation, or
the
withholding or withdrawal, of life-sustaining treatment
pursuant
to sections 2133.01 to 2133.15
of the Revised Code and, if the
applicant has executed either type of instrument, whether the
applicant
wishes the applicant's license to indicate that the
applicant has executed the
instrument.
(2) Every applicant for a driver's license shall be
photographed in color at the time the application for the license
is made. The application shall state any additional information
that the registrar requires.
(B) The registrar or a deputy registrar, in accordance
with
section 3503.11 of the Revised Code, shall register as an
elector
any person who applies for a driver's license or
motorcycle
operator's license or endorsement under division (A)
of this
section, or for a renewal or duplicate of the license or
endorsement, if the applicant is eligible and wishes to be
registered as an elector. The decision of an applicant whether to
register as
an elector shall be given no consideration in the
decision of whether to issue
the applicant a license or
endorsement, or a renewal or duplicate.
(C) The registrar or a deputy registrar, in accordance
with
section 3503.11 of the Revised Code, shall offer the
opportunity
of completing a notice of change of residence or change of name to
any
applicant for a driver's license or endorsement under division
(A) of this section, or for a renewal or duplicate of the license
or endorsement, if the applicant is a registered elector who has
changed the applicant's residence or name and has not filed such a
notice.
Sec. 4507.071. (A) No driver's license shall be
issued to
any person under eighteen years of age, except that a
probationary
license may be issued to a person who is at least sixteen
years of
age and has held a temporary instruction permit for a
period of at
least six months.
(B) No holder of a probationary
driver's license issued on
or
after the effective date of this section who has not attained the
age of
seventeen years shall operate a motor vehicle upon
a
highway or any public or private property used by the public for
purposes of
vehicular travel or parking between the hours of one
a.m.
and five a.m. unless the holder is accompanied
by the
holder's parent or guardian.
(C) It is an
affirmative defense to a violation of division
(B) of this section if, at the time of the
violation, the holder
of the probationary driver's license was traveling to or
from the
holder's place of employment or an official function sponsored by
the
school the holder attends, or an emergency existed that
required the holder to
operate a motor vehicle in violation of
division (B) of this
section, or the holder was an emancipated
minor.
(D) No holder of a probationary license shall
operate a
motor vehicle upon a highway or any public or private
property
used by the public for purposes of vehicular travel or
parking
unless
the total number of occupants of the
vehicle does not
exceed the total number of occupant restraining devices
originally
installed in the motor vehicle by its manufacturer, and each
occupant
of the vehicle is wearing all of
the available elements
of a properly adjusted occupant
restraining device.
(E) A restricted license
may be issued to a person who is
fourteen or fifteen years of
age upon proof of hardship
satisfactory to the registrar of
motor vehicles.
(F) Notwithstanding
any other provision of law to the
contrary, no law enforcement
officer shall cause the operator of a
motor vehicle being
operated on any street or highway to stop the
motor vehicle for
the sole purpose of determining whether each
occupant of the
motor vehicle is wearing all of the available
elements of a
properly adjusted occupant restraining device as
required by
division (D) of this section,
or for the sole purpose
of issuing a ticket, citation, or
summons if the requirement in
that division has been or is being
violated, or for causing the
arrest of or commencing a
prosecution of a person for a violation
of that
requirement.
(G) Notwithstanding any other
provision of law to the
contrary, no law enforcement officer shall cause the
operator of a
motor vehicle being operated on any street or highway to stop
the
motor vehicle for the sole purpose of determining whether a
violation of
division (B) of this section has been or is
being
committed or for the sole purpose of issuing a ticket, citation,
or
summons for such a violation or for causing the arrest of or
commencing a
prosecution of a person for such violation.
(H) As used in this
section, "occupant restraining device"
has the same meaning as
in section 4513.263 of the
Revised
Code.
(I)
Whoever violates division (B) or (D) of
this
section is
guilty of a minor misdemeanor.
Sec. 4507.08. (A) No probationary license shall
be
issued
to any person under the age of eighteen who has been
adjudicated
an unruly or delinquent child or a juvenile traffic
offender for
having committed any act that if committed by an
adult would be a
drug abuse offense, as defined in section
2925.01 of the Revised
Code, a violation of division (B) of
section 2917.11, or a
violation of division (A) of section
4511.19 of the Revised Code,
unless the person has been required
by the court to attend a drug
abuse or alcohol abuse education,
intervention, or treatment
program specified by the court and has
satisfactorily completed
the program.
(B) No temporary instruction permit or driver's license
shall
be issued to any person whose license has been suspended,
during
the period for which the license was suspended, nor to any
person
whose license has been
revoked
canceled, under
sections
4507.01 to 4507.39
Chapter 4510. or any other provision
of the
Revised Code, until the expiration of one year after the
license
was revoked.
(C) No temporary instruction permit or driver's license
shall
be issued to any person whose commercial driver's license is
suspended under
section 1905.201, 3123.58, 4507.16,
4507.34,
4507.99, 4511.191, or 4511.196 of the Revised Code
Chapter 4510.
or
under any other
provision of the Revised Code during the period
of the
suspension.
No temporary instruction permit or driver's license shall be
issued to any
person when issuance is prohibited by division (A)
of section 4507.091 of the
Revised Code.
(D) No temporary instruction permit or driver's license
shall
be issued to, or retained by, any of the following persons:
(1) Any person who is an alcoholic, or is addicted to the
use of controlled substances to the extent that the use
constitutes an impairment to the person's ability to operate a
motor vehicle with the required degree of safety;
(2) Any person who is under the age of eighteen and has
been
adjudicated an unruly or delinquent child or a juvenile
traffic
offender for having committed any act that if committed
by an
adult would be a drug abuse offense, as defined in section
2925.01
of the Revised Code, a violation of division (B) of
section
2917.11, or a violation of division (A) of section
4511.19 of the
Revised Code, unless the person has been required
by the court to
attend a drug abuse or alcohol abuse education,
intervention, or
treatment program specified by the court and has
satisfactorily
completed the program;
(3) Any person who, in the opinion of the registrar, is
afflicted with or suffering from a physical or mental disability
or disease that prevents the person from exercising reasonable and
ordinary control over a motor vehicle while operating the vehicle
upon the highways, except that a restricted license effective for
six months may be issued to any person otherwise qualified who is
or has been subject to any condition resulting in episodic
impairment of consciousness or loss of muscular control and whose
condition, in the opinion of the registrar, is dormant or is
sufficiently under medical control that the person is capable of
exercising reasonable and ordinary control over a motor vehicle.
A
restricted
license effective for six months shall be issued to
any
person who
is otherwise
is qualified
and who is subject to any
condition that causes episodic impairment of consciousness or a
loss of muscular control if the person presents a statement from
a
licensed physician that the person's condition is under effective
medical control and the period of time for which the control has
been continuously maintained, unless, thereafter, a medical
examination is ordered and, pursuant thereto, cause for denial is
found.
A person to whom a six-month restricted license has been
issued shall give notice of the person's medical condition to the
registrar on forms provided by the registrar and signed by the
licensee's physician. The notice shall be sent to the registrar
six months after the issuance of the license. Subsequent
restricted licenses issued to the same individual shall be
effective for six months.
(4) Any person who is unable to understand highway
warnings
or traffic signs or directions given in the English
language;
(5) Any person making an application whose driver's
license
or driving privileges are under
cancellation, revocation, or
suspension
in the jurisdiction where issued or any other
jurisdiction, until
the expiration of one year after the license
was
canceled or revoked or until
the period of suspension ends.
Any person whose application is
denied under this division may
file a petition in the municipal
court or county court in whose
jurisdiction the person resides
agreeing to pay the cost of the
proceedings and alleging that the
conduct involved in the offense
that resulted in suspension, cancellation, or
revocation in the
foreign jurisdiction would not have resulted in
a suspension,
cancellation, or revocation had the offense occurred in this
state. If the petition is granted, the petitioner shall notify
the
registrar by a certified copy of the court's
findings and a
license shall not be denied under this division.
(6) Any person
who is under a class one or two suspension
imposed for a violation of section 2903.04, 2903.06, or 2903.08 of
the Revised Code or whose driver's or commercial driver's
license
or permit
has been
was permanently revoked
prior to the effective
date of this amendment for a substantially equivalent violation
pursuant to
division (C) of section 4507.16 of the Revised Code;
(7) Any person who is not a resident or temporary resident
of this state.
Sec. 4507.081. (A) Upon the expiration of a restricted
license issued under division (D)(3) of section 4507.08 of
the
Revised Code and submission of a statement as provided in
division
(C) of this section, the registrar of motor vehicles may
issue a
driver's license to the person to whom the restricted
license was
issued. A driver's license issued under this section,
unless
otherwise
revoked
suspended or canceled, shall be
effective for
one
year.
(B) A driver's license issued under this section may be
renewed annually, for no more than three consecutive years,
whenever the person to whom the license has been issued submits
to
the registrar, by certified mail and no sooner than thirty
days
prior to the expiration date of the license or renewal
thereof, a
statement as provided in division (C) of this section.
A renewal
of a driver's license, unless the license is
otherwise
revoked
suspended or canceled, shall be effective for
one year following
the
expiration date of the license or renewal thereof, and shall
be
evidenced by a validation sticker. The renewal validation
sticker shall be in a form prescribed by the registrar and shall
be affixed to the license.
(C) No person may be issued a driver's license under this
section, and no such driver's license may be renewed, unless the
person presents a signed statement from a licensed physician that
the person's condition either is dormant or is under
effective
medical control, that the control has been maintained
continuously
for at least one year prior to the date on which
application for
the license is made, and that, if continued
medication is
prescribed to control the condition, the person may
be depended
upon to take the medication.
The statement shall be made on a form provided by the
registrar, shall be in not less than duplicate, and shall contain
any other information the registrar considers
necessary. The
duplicate copy of the statement may be retained by the person
requesting the license renewal and, when in the person's
immediate
possession and used in conjunction with the original license,
shall entitle the person to operate a motor vehicle during a
period of
no more than thirty days following the date of
submission of the
statement to the registrar, except when the
registrar denies the
request for the license renewal and so
notifies the person.
(D) Whenever the registrar receives a statement indicating
that the condition of a person to whom a driver's license has
been
issued under this section no longer is dormant or under
effective
medical control, the registrar shall
revoke
cancel the
person's
driver's license.
(E) Nothing in this section shall require a person
submitting a signed statement from a licensed physician to obtain
a medical examination prior to the submission of the statement.
(F) Any person whose driver's license has been
revoked
canceled
under this section may apply for a subsequent restricted
license
according to the provisions of section 4507.08 of the
Revised
Code.
Sec. 4507.111. On receipt of a notice pursuant to section
3123.54 of the
Revised Code, the registrar of motor vehicles shall
comply with
sections 3123.52 to 3123.614 of the Revised Code and
any applicable rules adopted under
section 3123.63 of the Revised
Code
with respect to
a
any driver's
or commercial license
or
permit, motorcycle operator's license or endorsement, or temporary
instruction permit
or commercial driver's temporary instruction
permit issued
pursuant to this chapter
by this state that is the
subject of the notice.
Sec. 4507.12. (A) Except as provided in division (C) of
section 4507.10 of the Revised Code, each person applying for the
renewal of a driver's license shall submit to a screening of
his
the
person's
vision before the license may be renewed. The vision
screening
shall be conducted at the office of the deputy registrar
receiving the application for license renewal.
(B) When the results of a vision screening given under
division (A) of this section indicate that the vision of the
person examined meets the standards required for licensing, the
deputy registrar may renew the person's driver's license at that
time.
(C) When the results of a vision screening given under
division (A) of this section indicate that the vision of the
person screened may not meet the standards required for
licensing,
the deputy registrar shall not renew the person's
driver's license
at that time but shall refer the person to a
driver's license
examiner appointed by the superintendent of the
state highway
patrol under section 5503.21 of the Revised Code
for a further
examination of
his
the person's vision. When a
person referred
to
a driver's license examiner by a deputy registrar does not
meet
the vision standards required for licensing, the driver's
license
examiner shall retain the person's operator's or
chauffeur's
license and shall immediately notify the registrar of
motor
vehicles of that fact. No driver's license shall be issued
to any
such person, until the person's vision is corrected to
meet the
standards required for licensing and the person passes
the vision
screening required by this section. Any person who
operates a
motor vehicle on a highway, or on any public or
private property
used by the public for purposes of vehicular
travel or parking,
during the time
his
the person's driver's
license is held
by a
driver's license examiner under this division, shall be
deemed to
be operating a motor vehicle in violation of division
(A) of
section
4507.02
4510.12 of the Revised Code.
(D) The registrar shall adopt rules and shall provide any
forms necessary to properly conduct vision screenings at the
office of a deputy registrar.
(E) No person conducting vision screenings under this
section shall be personally liable for damages for injury or loss
to persons or property and for death caused by the operation of a
motor vehicle by any person whose driver's license was renewed by
the deputy registrar under division (B) of this section.
Sec. 4507.13. (A) The registrar of motor vehicles shall
issue a driver's license to every person licensed as an operator
of motor vehicles other than commercial motor vehicles. No
person
licensed as a commercial motor vehicle driver under
Chapter 4506.
of the Revised Code need procure a driver's
license, but no person
shall drive any commercial motor vehicle
unless licensed as a
commercial motor vehicle driver.
Every driver's license shall display on it the distinguishing
number assigned to the licensee and shall display the licensee's
name
and date of birth;
the licensee's residence address and
county of
residence; a color photograph of the licensee; a brief
description
of the
licensee for the purpose
of identification; a
facsimile of
the signature of the licensee
as it appears on the
application for
the license; a space marked
"blood type" in which
a licensee may
specify the licensee's
blood type; a notation, in a
manner
prescribed by the registrar, indicating
any condition
described in
division (D)(3) of section 4507.08 of the
Revised
Code
to which
the licensee is subject; if the licensee has
executed a durable
power
of attorney for health care or a
declaration governing the
use or
continuation, or the withholding
or withdrawal, of
life-sustaining treatment and has specified that
the licensee
wishes the license to indicate that the
licensee has
executed
either type of
instrument, any symbol chosen by the
registrar to
indicate that
the licensee has executed either type
of instrument;
and any
additional information that the registrar
requires by
rule.
No license
shall display the
licensee's social
security
number unless the licensee specifically requests
that the
licensee's social security number
be displayed on the license.
If federal law requires the licensee's social security number to
be displayed
on the license, the social security number shall be
displayed on the license
notwithstanding
this section.
The driver's license for licensees under twenty-one years of
age shall have
characteristics prescribed by the registrar
distinguishing it from that issued
to a licensee who is twenty-one
years of age or older, except that a
driver's license issued to a
person who applies no more than thirty days
before the applicant's
twenty-first birthday shall have the characteristics of
a license
issued to a person who is twenty-one years of age
or older.
The driver's license issued to a temporary resident shall
contain the word
"nonrenewable" and shall have any additional
characteristics prescribed by the
registrar distinguishing it from
a license issued to a resident.
Every driver's or commercial driver's license displaying
a
motorcycle operator's endorsement and every restricted license to
operate a motor vehicle also shall display the designation
"novice," if the endorsement or license is issued to a person who
is
eighteen years of age or older and previously has not been
licensed to operate a motorcycle by this state or another
jurisdiction recognized by this state. The "novice" designation
shall be effective for one year after the date of issuance of the
motorcycle operator's endorsement or license.
Each license issued under this section shall be of such
material and so designed as to prevent its reproduction or
alteration without ready detection and, to this end, shall be
laminated with a transparent plastic material.
(B) Except in regard to a driver's license issued to a
person who applies no
more than thirty days before the applicant's
twenty-first birthday, neither
the registrar nor any deputy
registrar shall
issue a driver's license to anyone under
twenty-one years of age that does not
have the characteristics
prescribed by the registrar distinguishing it from
the driver's
license issued to persons who are twenty-one years of age or
older.
(C)
Whoever violates division (B) of this section is
guilty
of a minor misdemeanor.
Sec. 4507.14. The registrar of motor vehicles upon issuing
a
driver's license, a motorcycle operator's endorsement, a
driver's
license renewal, or the renewal of any other license
issued under
this chapter, whenever good cause appears, may
impose restrictions
suitable to the licensee's driving ability
with respect to the
type of or special mechanical control devices
required on a motor
vehicle
which
that the licensee may operate,
or
such
any other
restrictions applicable to the licensee
as
that the
registrar
determines to be necessary.
When issuing a license to a person with impaired hearing, the
registrar
shall require that a
motor vehicle operated by the
person be equipped with two outside rear vision mirrors, one
on
the left side and the other on the right side.
The registrar either may issue a special restricted license
or may set forth
such
any restrictions
applicable to the
license
upon the usual license form.
The registrar, upon receiving satisfactory evidence of any
violation of the restrictions of
such
any license,
after an
opportunity for a hearing in accordance with Chapter 119.
of the
Revised Code, may
suspend the license for a
period of six months
impose upon the offender a class D
suspension of the license from
the range specified in division (B)(4)
of section 4510.02 of the
Revised Code.
Sec. 4507.15. For the purpose of enforcing
sections 4507.01
to 4507.39,
inclusive,
this chapter and Chapter
4510. of the
Revised Code, any court of record having criminal
jurisdiction
shall have county-wide jurisdiction within the county in which it
is located to hear and finally determine cases arising under
such
sections
this chapter and Chapter 4510. of the Revised Code.
Such
actions
An action arising under this section shall be
commenced by
the filing of an affidavit, and the right
of trial by jury is
preserved, but indictments are not required in misdemeanor
cases
arising under
such sections
this chapter and Chapter
4510. of the
Revised Code. The registrar shall prepare and furnish
blanks for
the use of
said
the court in making reports of
said convictions
and
bond forfeitures
arising under this chapter and Chapter 4510.
of the Revised Code.
Sec. 4507.16. (A)(1) The trial judge of any court of
record,
in addition to or independent of all other penalties
provided by
law or by ordinance, shall
suspend for not less than
thirty days
or more than three years or shall revoke the driver's
or commercial
driver's license or permit or nonresident operating
privilege of
any person who is convicted of or pleads guilty to
any of the
following:
(a) Perjury
impose upon any person who is convicted of or
pleads guilty to perjury or the making of a false affidavit under
this
chapter, or any other law of this state requiring the
registration
of motor vehicles or regulating their operation on
the highway;
(b) Any crime punishable as a felony under the motor
vehicle
laws of this state or any other felony in the commission
of which
a motor vehicle is used;
(c) Failing to stop and disclose identity at the scene of
the accident when required by law or ordinance to do so;
(d) Street racing as defined in section
4511.251 of the
Revised Code or any substantially similar
municipal ordinance;
(e) Willfully eluding or fleeing a police officer;
(f) Trafficking in cigarettes with the intent to avoid
payment of the cigarette tax under division (A) of section
5743.112 of the Revised Code.
(2) Subject to division (D)(1) of this
section, the trial
judge of any court of record, in addition to or independent
of all
other penalties provided by law or by ordinance, shall suspend the
driver's or commercial driver's license or permit or nonresident
operating
privilege of any person
who is convicted of or pleads
guilty to a violation of section 2903.06 or
2903.08 of
the Revised
Code. The suspension
shall be for the period of time specified in
section 2903.06 or 2903.08 of the
Revised Code,
whichever is
applicable.
(3) If a person is convicted of or pleads guilty to a
violation of
section
2907.24 of the Revised Code, an attempt to
commit a violation of that
section, or a violation of or an
attempt to commit a violation of a municipal
ordinance that is
substantially equivalent to that section and if the person,
in
committing or attempting to commit the violation, was in, was on,
or used a
motor vehicle, the trial judge of a court of record, in
addition to or
independent of all other penalties provided by law
or ordinance, shall suspend
for thirty days the person's driver's
or commercial driver's license or
permit.
The trial judge of any court of record, in addition to
suspensions or revocations of licenses, permits, or privileges
pursuant to this division and in addition to or independent of
all
other penalties provided by law or by ordinance, shall impose
a
suspended jail sentence not to exceed six months, if
imprisonment
was not imposed for the offense for which the person
was
convicted, a class six suspension of the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege
from the range specified in division (A)(6) of section 4510.02 of
the Revised Code. No judge shall suspend the first three months
of suspension of an offender's license, permit, or privilege
required by this division.
(4)(B) If the trial judge of any court of record
suspends
or
revokes the driver's or commercial driver's license or permit or
nonresident operating privilege of a person who is convicted of or
pleads
guilty to any offense for which
such
a suspension
or
revocation
of that type is provided by
law or ordinance, in
addition to all
other penalties provided by law or
ordinance, the
judge may issue
an order prohibiting the offender from
registering, renewing, or
transferring the registration of any
vehicle during
the period
that the offender's license, permit, or
privilege is suspended
or
revoked. The court promptly shall send
a copy of the order to the
registrar
of motor vehicles.
Upon receipt of
such an
the order
from the court, neither the
registrar nor any
deputy
registrar shall accept any application
for the
registration, registration
renewal, or transfer of
registration of
any motor vehicle owned or leased by
the person
named in the order
during the period that the person's license,
permit, or privilege
is suspended
or revoked, unless the registrar
is properly
notified
by the court that the order of suspension
or
revocation has been
canceled. When the period of suspension
or
revocation expires or
the order is
canceled, the registrar or
deputy registrar shall
accept the application for
registration,
registration renewal, or
transfer of registration of the person
named in the order.
(B) Except as otherwise provided in this section, the
trial
judge of any court of record and the mayor of a mayor's
court, in
addition to or independent of all other penalties
provided by law
or by ordinance, shall revoke the driver's or
commercial driver's
license or permit or nonresident operating
privilege of any person
who is convicted of or pleads guilty to a
violation of division
(A) of section 4511.19 of the Revised Code,
of a municipal
ordinance relating to operating a vehicle while
under the
influence of alcohol, a drug of abuse, or alcohol and a
drug of
abuse, or of a municipal ordinance that is substantially
equivalent to division (A) of section 4511.19 of the Revised Code
relating to operating a vehicle with a prohibited concentration
of
alcohol in the blood, breath, or urine or suspend the license,
permit, or privilege as follows:
(1) Except when division (B)(2), (3), or (4) of this
section
applies and the judge or mayor is required to suspend or revoke
the
offender's license or permit pursuant to that division, the
judge or mayor
shall suspend the offender's
driver's or commercial
driver's license or permit or nonresident
operating privilege for
not less than six months nor more than
three years.
(2) Subject to division (B)(4) of this section, if, within
six years of the
offense, the offender has
been convicted of or
pleaded guilty to one violation of division
(A) or (B) of section
4511.19 of the Revised Code, a municipal
ordinance relating to
operating a vehicle while under the
influence of alcohol, a drug
of abuse, or alcohol and a drug of
abuse, a municipal ordinance
relating to operating a motor
vehicle with a prohibited
concentration of alcohol in the blood,
breath, or urine, section
2903.04 of the Revised Code in a case
in which the offender was
subject to the sanctions described in
division (D) of that
section, section 2903.06 or
2903.08 of the Revised Code, former
section 2903.07 of the Revised Code,
or a municipal ordinance that
is
substantially similar to former section 2903.07 of the Revised
Code in
a
case in which the jury or judge found that the offender
was under
the influence of alcohol, a drug of abuse, or alcohol
and a drug
of abuse, or a statute of the United States or of any
other state or a municipal ordinance of a municipal
corporation
located in any other state that is substantially similar to
division (A) or (B) of section 4511.19 of the Revised Code,
the
judge shall suspend the offender's driver's or
commercial driver's
license or permit or nonresident operating
privilege for not less
than one year nor more than five years.
(3) Subject to division (B)(4) of this section, if, within
six years of the
offense, the offender has been convicted of or
pleaded guilty to two
violations described in division (B)(2) of
this section, or a statute of
the United States or of any other
state or a
municipal ordinance of a municipal
corporation located
in any other state that is substantially similar to
division (A)
or (B) of section 4511.19 of the Revised Code,
the judge shall
suspend the offender's driver's or
commercial driver's license or
permit or nonresident operating
privilege for not less than one
year nor more than ten years.
(4) If, within six years of the offense, the offender has
been convicted of or pleaded guilty to three or more violations
described in division (B)(2) of this section, a
statute of the
United States or of any other state or
a municipal ordinance of a
municipal corporation located in any other state
that is
substantially similar to division (A) or (B) of section 4511.19 of
the
Revised Code,
or if the offender previously has been convicted
of or pleaded guilty to a
violation of division (A) of section
4511.19 of the Revised Code under
circumstances in which the
violation was a felony and regardless of when the
violation and
the conviction or guilty plea occurred, the judge shall suspend
the offender's driver's or
commercial driver's license or permit
or nonresident operating
privilege for a period of time set by the
court but not less than
three years, and the judge may permanently
revoke the offender's
driver's or commercial driver's license or
permit or nonresident
operating privilege.
(5) The filing of an appeal by a person whose driver's or
commercial driver's license is suspended or revoked under
division
(B)(1), (2), (3), or (4) of this section regarding any
aspect of
the person's trial or sentence does not stay the
operation of
the
suspension or revocation.
(C) The trial judge of any court of record or the mayor of
a
mayor's court, in addition to or independent of all other
penalties provided by law or by ordinance, may suspend the
driver's or commercial driver's license or permit or nonresident
operating privilege of any person who violates a requirement or
prohibition of the court imposed under division (F) of this
section or division (G)(1) of section 2951.02 of the
Revised Code
as follows:
(1) For not more than one year, upon conviction for a
first
violation of the requirement or prohibition;
(2) For not more than five years, upon conviction for a
second or subsequent violation of the requirement or prohibition
during the same period of required use of an ignition interlock
device that is certified pursuant to section 4511.83 of the
Revised Code.
(D)(1) The trial judge of any court of record, in addition
to or independent of all other penalties provided by law or by
ordinance, shall permanently revoke the driver's or commercial
driver's license or permit or nonresident operating privilege of
any person who is convicted of or pleads guilty to a violation of
section 2903.04 or 2903.06 of the Revised Code in a case in
which
division (D) of
section 2903.04 or division (B)
of section 2903.06
of
the Revised Code requires the judge
to permanently revoke the
license, permit, or privilege.
(2) In addition to any prison term authorized or required by
the section
that
establishes the offense and sections 2929.13 and
2929.14 of the
Revised Code, and in addition to any other sanction
imposed
for the offense under the section that establishes the
offense or sections
2929.11 to 2929.182 of the Revised Code, the
court that
sentences an offender who is convicted of or pleads
guilty to a violation of
section 2925.02, 2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.11, 2925.12,
2925.13, 2925.14,
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of
the
Revised Code either shall revoke or,
if it
does not revoke,
shall
suspend for not less than six months or more than five
years, as
specified in the section that establishes the
offense, the
person's driver's or
commercial driver's license or permit. If
the
person's driver's or commercial driver's license or permit is
under
suspension on the date the court imposes sentence upon the
person, any revocation imposed upon the person that is
referred to
in
division (D)(2) of this section shall take effect immediately.
If the person's driver's or commercial driver's license or permit
is
under suspension on the date the court imposes sentence upon
the
person, any period of suspension imposed upon the person that
is referred to in division (D)(2) of this section shall take
effect
on the next day immediately following the end of that
period of
suspension. If the person is sixteen years of age or
older and
is a resident of this state but does not have a current,
valid
Ohio driver's or commercial driver's license or permit, the
court shall
order the registrar to deny to the person the
issuance
of a driver's or commercial driver's license or permit
for six
months beginning on the date the court imposes a sentence
upon the
person. If the person has not attained the age of
sixteen years
on the date the court
sentences the person for the violation, the
period of denial shall
commence on the date
the person attains the
age of sixteen years.
(E) Except as otherwise provided in this section, the
trial
judge of any court of record and the mayor of a mayor's
court, in
addition to or independent of all other penalties
provided by law
or ordinance, shall suspend for not less than
sixty days nor more
than two years the driver's or commercial
driver's license or
permit or nonresident operating privilege of
any person who is
convicted of or pleads guilty to a violation of
division (B) of
section 4511.19 of the Revised Code or of a
municipal ordinance
substantially equivalent to that division
relating to operating a
vehicle with a prohibited concentration
of alcohol in the blood,
breath, or urine.
(F)(1) A person is not entitled to request, and a judge or
mayor
shall not grant to the person, occupational driving
privileges under
division (F) of this section if
a person's
driver's or commercial driver's license
or permit or nonresident
operating privilege has been suspended
pursuant to division (B) or
(C) of this section or pursuant to
division (F) of section
4511.191 of the Revised Code, and the
person, within the preceding
seven years, has been convicted of
or pleaded guilty to three or
more violations of one or
more of the following:
(a) Division (A) or
(B) of section 4511.19 of the Revised
Code;
(b) A municipal ordinance
relating to operating a vehicle
while under the influence of
alcohol, a drug of abuse, or alcohol
and a drug of abuse;
(c) A
municipal ordinance relating to operating a vehicle
with a
prohibited concentration of alcohol in the blood, breath,
or
urine;
(d) Section 2903.04 of the Revised Code in a case in which
the person was subject to the sanctions described in division (D)
of
that section;
(e) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or a municipal ordinance
that
is substantially similar to either of those divisions;
(f) Division (A)(2), (3), or (4) of section
2903.06,
division (A)(2) of section
2903.08, or former section 2903.07 of
the
Revised Code, or a municipal ordinance that is substantially
similar to any of those
divisions or that former
section, in a
case in which
the jury or judge found that the person was under
the influence
of alcohol, a drug of abuse, or alcohol and a drug
of abuse;
(g) A statute of the United States or of any other state or
a
municipal ordinance of a municipal corporation located in any
other state that
is substantially similar to division (A) or (B)
of section 4511.19 of the
Revised Code.
(2) Any other person who is not described in division
(F)(1)
of this section and whose driver's or commercial
driver's license
or nonresident operating privilege has been
suspended under any of
those divisions may file a petition that
alleges that the
suspension would seriously affect the person's
ability to continue
the person's employment. The petition
of a person
whose license,
permit, or privilege was suspended pursuant to
division (F) of
section 4511.191 of the Revised Code shall be
filed in the court
specified in division (I)(4) of that section,
and the petition of
a person whose license, permit, or privilege
was suspended under
division (B) or (C) of this section shall be
filed in the
municipal, county, mayor's, or in the case of a
minor, juvenile
court that has jurisdiction over the place of
arrest. Upon
satisfactory proof that there is reasonable cause
to believe that
the suspension would seriously affect the
person's ability to
continue the person's employment, the
judge of the
court or mayor
of the mayor's court may grant the person
occupational driving
privileges during the period during which
the suspension otherwise
would be imposed, except that the judge
or mayor shall not grant
occupational driving privileges for employment as
a driver of
commercial motor vehicles to any person who is
disqualified from
operating a commercial motor vehicle under
section 3123.611 or
4506.16 of the Revised Code or
whose commercial driver's license
or commercial driver's temporary intruction
permit has been
suspended under section 3123.58 of the Revised Code, and shall not
grant
occupational driving privileges during any of the following
periods of time:
(a) The first fifteen days of suspension imposed upon an
offender whose license, permit, or privilege is suspended
pursuant
to division (B)(1) of this section or division (F)(1) of
section
4511.191 of the Revised Code. On or after the sixteenth
day of
suspension, the court may grant the offender occupational
driving
privileges, but the court may provide that the offender
shall not
exercise the occupational driving privileges
unless the vehicles
the offender operates are equipped with
ignition interlock
devices.
(b) The first thirty days of suspension imposed upon an
offender whose license, permit, or privilege is suspended
pursuant
to division (B)(2) of this section or division (F)(2) of
section
4511.191 of the Revised Code. On or after the
thirty-first day of
suspension, the court may grant the offender
occupational driving
privileges, but the court may provide that
the offender shall not
exercise the occupational driving
privileges unless the vehicles
the offender operates are
equipped with ignition interlock
devices.
(c) The first one hundred eighty days of suspension
imposed
upon an offender whose license, permit, or privilege is
suspended
pursuant to division (B)(3) of this section or division
(F)(3) of
section 4511.191 of the Revised Code. The judge may
grant
occupational driving privileges to an offender who receives
a
suspension under either of those divisions on or
after the one
hundred
eighty-first day of the suspension only if division (F) of
this
section does not prohibit the judge from granting the
privileges
and only if the judge, at the time of granting the
privileges, also
issues an order prohibiting the offender, while
exercising
the occupational driving privileges during the period
commencing with
the one hundred eighty-first day of suspension and
ending with
the first year of suspension, from operating any motor
vehicle
unless it is equipped with a certified ignition interlock
device.
After the first year of the suspension, the court may
authorize
the offender to continue exercising the occupational
driving
privileges in vehicles that are not equipped with ignition
interlock devices. If the offender does not petition for
occupational driving privileges until after the first year of
suspension and if division (F) of this section does not prohibit
the judge from granting the privileges, the judge may grant the
offender occupational driving privileges without requiring the
use
of a certified ignition interlock device.
(d) The first three years of suspension imposed upon an
offender whose license, permit, or privilege is suspended
pursuant
to division (B)(4) of this section or division (F)(4) of
section
4511.191 of the Revised Code. The judge may grant
occupational
driving privileges to an offender who receives a
suspension under
either of those divisions after
the first three years of
suspension only if division (F) of this section does not prohibit
the judge from granting the privileges and only if the judge, at
the time of granting the privileges, also issues an order
prohibiting the offender from operating any motor vehicle, for
the
period of suspension following the first three years of
suspension, unless the motor vehicle is equipped with a certified
ignition interlock device.
(G) If a person's driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
under
division (E) of this section, and the person, within the
preceding
seven years, has been convicted of or pleaded guilty to
three or
more violations identified in division (F)(1) of
this section,
the
person is not entitled to
request, and the judge or mayor shall
not grant to the person,
occupational driving privileges under
this division. Any other
person whose driver's or commercial
driver's license or
nonresident operating privilege has been
suspended under division (E) of this
section may file a petition
that alleges
that the suspension would seriously affect the
person's ability
to continue the person's employment. The
petition shall
be filed in
the municipal, county, or mayor's court
that has jurisdiction
over the place of arrest. Upon satisfactory
proof that there is
reasonable cause to believe that the
suspension would seriously
affect the person's ability to continue
the person's
employment, the judge
of the court or mayor of the
mayor's court may grant the person
occupational driving privileges
during the period during which
the suspension otherwise would be
imposed, except that the judge
or mayor shall not grant
occupational driving privileges for employment
as a driver of
commercial motor vehicles to any person who is
disqualified from
operating a commercial motor vehicle under
section 4506.16 of the
Revised Code, and shall not grant
occupational driving privileges
during the first sixty days of
suspension imposed upon an offender
whose driver's or commercial driver's
license or permit or
nonresident operating privilege is suspended
pursuant to division
(E) of this section.
(H)(1) After a driver's or commercial driver's license or
permit has been suspended or
revoked pursuant to this section, the
judge of the court or mayor
of the mayor's court that suspended or
revoked the license or
permit shall cause the offender to deliver
the license
or permit to the court. The judge, mayor, or
clerk of
the court or mayor's court, if the license or permit has been
suspended or revoked in connection with any of the offenses
listed
in this section, forthwith shall forward it
to the registrar with
notice of the
action of the court.
(2) Suspension of a commercial driver's license under this
section shall be concurrent with any period of disqualification
under section 3123.611 or 4506.16 of the Revised Code
or any
period of suspension under section 3123.58 of the Revised Code. No
person who
is
disqualified for life from holding a commercial
driver's license
under section 4506.16 of the Revised Code shall
be issued a
driver's license under this chapter during the period
for which
the commercial driver's license was suspended under this
section,
and no person whose commercial driver's license is
suspended
under this section shall be issued a driver's license
under this
chapter during the period of the suspension.
(I) No judge shall suspend the first thirty days of
suspension of a driver's or commercial driver's license
or permit
or a nonresident operating privilege required
under division (A)
of this section, no judge or mayor shall
suspend the first six
months of suspension required under
division (B)(1) of this
section, no judge shall suspend the first
year of suspension
required under division (B)(2) of this
section, no judge shall
suspend the first year of suspension
required under division
(B)(3) of this section, no judge shall
suspend the first three
years of suspension required under
division (B)(4) of this
section, no judge or mayor shall suspend
the revocation required
by division (D) of this section,
and no judge or mayor shall
suspend the first sixty days of
suspension required under division
(E) of this section, except
that the court shall credit any period
of suspension imposed
pursuant to section 4511.191 or 4511.196 of
the Revised Code
against any time of suspension imposed pursuant
to division (B)
or (E) of this section as described in division
(J) of this section.
(J) The judge of the court or mayor of the mayor's court
shall credit any time during which an offender was subject to an
administrative suspension of the offender's driver's or
commercial
driver's
license or permit or nonresident operating privilege
imposed
pursuant to division (E) or (F) of section 4511.191 or a
suspension imposed by a judge, referee, or mayor pursuant to
division (B)(1) or (2) of section 4511.196 of the Revised Code
against the time to be served under a related suspension imposed
pursuant to this section.
(K) The judge or mayor shall notify the bureau of any
determinations made, and of any suspensions or revocations
imposed, pursuant to division (B) of this section.
(L)(1) If a court issues an ignition interlock order under
division (F) of this section, the order shall authorize the
offender during the specified period to operate a motor vehicle
only if it is equipped with a certified ignition interlock
device.
The court shall provide the offender with a copy of an
ignition
interlock order issued under division (F) of this
section, and the
copy of the order shall be used by the offender
in lieu of an Ohio
driver's or commercial driver's license or
permit until the
registrar or a deputy registrar issues the
offender a restricted
license.
An order issued under division (F) of this section does not
authorize or permit the offender to whom it has been issued to
operate a vehicle during any time that the offender's driver's or
commercial driver's license or permit is suspended or revoked
under any other provision of law.
(2) The offender may present the ignition interlock order
to
the registrar or to a deputy registrar. Upon presentation of
the
order to the registrar or a deputy registrar, the registrar
or
deputy registrar shall issue the offender a restricted
license. A
restricted license issued under this division shall
be identical
to an Ohio driver's license, except that it shall
have printed on
its face a statement that the offender is
prohibited during the
period specified in the court order from
operating any motor
vehicle that is not equipped with a certified
ignition interlock
device, and except that the date of
commencement and the date of
termination of the period shall be
indicated conspicuously upon
the face of the license.
(3) As used in this section:
(a)
"Ignition interlock device" has the same meaning as in
section 4511.83 of the Revised Code.
(b)
"Certified ignition interlock device" means an
ignition
interlock device that is certified pursuant to section
4511.83 of
the Revised Code.
Sec. 4507.164. (A) Except as provided in divisions (C) to
(E) of this section, when the license of any person is suspended
or revoked pursuant to any provision of the Revised Code other
than division
(B)(G) of section
4507.16
4511.19 of the Revised
Code
and other than section 4510.07 of the Revised Code
for a
violation of a municipal OVI ordinance, the
trial judge may
impound
the identification license plates of any
motor vehicle
registered
in the name of the person.
(B)(1) When the license of any person is suspended
or
revoked pursuant to division
(B)(1)(G)(1)(a) of section
4507.16
4511.19 of the
Revised Code,
or pursuant to section 4510.07 of the
Revised Code for a municipal
OVI offense when the suspension is
equivalent in length to the
suspension under division (G) of
section 4511.19 of the Revised Code that is
specified in this
division,
the trial judge of the court of record
or the mayor
of
the mayor's court that suspended
or revoked the license may
impound the identification license plates of any motor vehicle
registered in the name of the person.
(2) When the license of any person is suspended
or revoked
pursuant to division
(B)(2)(G)(1)(b) of section
4507.16
4511.19 of
the
Revised Code,
or pursuant to section 4510.07 of the Revised
Code for a municipal
OVI offense when the suspension is equivalent
in length to the
suspension under division (G) of section 4511.19
of the Revised Code that is
specified in this division,
the trial
judge of the court of record that
suspended
or revoked the license
shall order the impoundment of
the identification license plates
of the motor vehicle the
offender was operating at the time of the
offense and the
immobilization of that vehicle in accordance with
section
4503.233 and division
(A)(2),, (6), or (7)(G)(1)(b) of
section
4511.99
4511.19 or
division (B)(2)(i) or (ii)(a) of
section 4511.193 of the Revised Code
and may impound the
identification license plates of any other
motor vehicle
registered in the name of the person whose license
is suspended
or
revoked.
(3) When the license of any person is suspended
or revoked
pursuant to division
(B)(3)(G)(1)(c), (d), or
(4)(e) of section
4507.16
4511.19 of the
Revised
Code,
or pursuant to section
4510.07
of the Revised Code for a municipal
OVI offense when the
suspension is equivalent in length to the
suspension under
division (G) of section 4511.19 of the Revised Code that is
specified in this division,
the trial judge of the court of record
that suspended
or
revoked the license shall order the criminal
forfeiture to the
state of the motor vehicle the offender was
operating at the time
of the offense in accordance with section
4503.234 and division
(A)(3) or (4)(G)(1)(c), (d), or
(8)(e) of
section
4511.99
4511.19 or division
(B)(2)(b)(iii)
of section
4511.193 of the Revised Code and
may impound the identification
license plates of any other motor vehicle registered in the name
of the person whose license is suspended
or revoked.
(C)(1) When a person is convicted of or pleads guilty to a
violation of
division (D)(2) of section
4507.02
4510.14
of the
Revised
Code or a substantially equivalent municipal ordinance and
division (B)(1) or (2) of section
4507.99
4510.14 or division
(C)(1) or
(2) of section
4507.36
4510.161 of the Revised Code
applies,
the trial
judge of the court of record or the mayor of
the mayor's court
that imposes sentence shall order the
immobilization of the
vehicle the person was operating at the time
of the offense and
the impoundment of its identification license
plates in
accordance with section 4503.233 and division (B)(1) or
(2) of
section
4507.99
4510.14 or division (C)(1) or (2) of
section
4507.361
4510.161 of
the Revised Code and may impound the
identification license
plates of any other vehicle registered in
the name of that
person.
(2) When a person is convicted of or pleads guilty to a
violation of
division (D)(2) of section
4507.02
4510.14
of the
Revised
Code or a substantially equivalent municipal ordinance and
division (B)(3) of section
4507.99
4510.14 or division (C)(3)
of
section
4507.361
4510.161 of the Revised Code applies, the trial
judge
of the
court of record that imposes sentence shall order the
criminal
forfeiture to the state of the vehicle the person was
operating
at the time of the offense in accordance with section
4503.234
and division (B)(3) of section
4507.99
4510.14 or
division
(C)(3) of
section
4507.361
4510.161 of the Revised Code
and may impound
the
identification license plates of any other
vehicle registered in
the name of that person.
(D)(1) When a person is convicted of or pleads guilty to a
violation of division
(B)(1)(A) of section
4507.02
4510.16 of the
Revised
Code or a substantially equivalent municipal ordinance and
division
(C)(1)(B)(2) or
(2)(3) of section
4507.99
4510.16 or
division (B)(1) or
(2) of section
4507.361
4510.161 of the Revised
Code applies,
the trial
judge of the court of record or the mayor
of the mayor's court
that imposes sentence shall order the
immobilization of the
vehicle the person was operating at the time
of the offense and
the impoundment of its identification license
plates in
accordance with section 4503.233 and division
(C)(1)(B)(2) or
(2)(3) of
section
4507.99
4510.16 or division
(B)(1) or (2) of section
4507.361
4510.161 of
the Revised Code and
may impound the identification license
plates of any other vehicle
registered in the name of that
person.
(2) When a person is convicted of or pleads guilty to a
violation of division
(B)(1)(A) of section
4507.02
4510.16 of the
Revised
Code or a substantially equivalent municipal ordinance and
division
(C)(3)(B)(4) of section
4507.99
4510.16 or division
(B)(3) of section
4507.361
4510.161 of the Revised Code applies,
the trial judge
of the
court of record that imposes sentence shall
order the criminal
forfeiture to the state of the vehicle the
person was operating
at the time of the offense in accordance with
section 4503.234
and division
(C)(3)(B)(4) of section
4507.99
4510.16 or division (B)(3) of
section
4507.361
4510.161 of the
Revised Code and may impound
the
identification license plates of
any other vehicle registered in
the name of that person.
(E)(1) When a person is convicted of or pleads guilty to a
violation of section
4507.33
4511.203 of the Revised Code and
the
person
is sentenced pursuant to division
(E)(C)(1)
or
(2) of
section
4507.99
4511.203 of
the Revised Code, the trial judge of
the court of record or the
mayor of the mayor's court that imposes
sentence shall order the
immobilization of the vehicle that was
involved in the commission
of the offense and the impoundment of
its identification license
plates in accordance with division
(E)(C)(1)
or
(2) of section
4507.99
4511.203 and
section 4503.233
of the Revised Code and may impound the
identification license
plates of any other vehicle registered in
the name of that person.
(2) When a person is convicted of or pleads guilty to a
violation of section
4507.33
4511.203 of the Revised Code and
the
person
is sentenced pursuant to division
(E)(2)(C)(3) of section
4507.99
4511.203 of
the Revised Code, the trial judge of the court
of record or the
mayor of the mayor's court that imposes sentence
shall order the
criminal forfeiture to the state of the vehicle
that was involved
in the commission of the offense in accordance
with division
(E)(2)(C)(3) of section
4507.99
4511.203 and
section
4503.234 of the Revised
Code and may impound the identification
license plates of any
other vehicle registered in the name of that
person.
(F) Except as provided in section 4503.233 or 4503.234 of
the Revised Code, when the certificate of registration, the
identification license plates, or both have been impounded,
division
(F)(B) of section 4507.02 of the Revised Code is
applicable.
(G)
As used in this section, "municipal OVI offense"
has the
same meaning as in section 4511.181 of the Revised Code.
Sec. 4507.17. Any person whose license is suspended or
revoked under
sections
4507.01 to 4507.39, inclusive, of the
Revised Code,
canceled is not
entitled to apply
for or receive a
new license during the effective dates of
such
the suspension or
revocation
cancellation.
Sec. 4507.19. The registrar of motor vehicles may
suspend or
cancel
any
driver's license
upon determination that
such license
was
obtained unlawfully,
was
issued in error, or has been altered
or willfully destroyed.
Sec. 4507.20. The registrar of motor vehicles,
upon
determination that any
person has more than seven points charged
against him
under section 4507.021
of
the Revised Code, and is not
subject to the provisions of section 4507.022 of
the Revised Code,
or, having
when the registrar has good cause to
believe that the
holder of a
driver's or commercial driver's license is incompetent
or otherwise not
qualified to be licensed, shall upon written
notice of at least
five
thirty days sent
to the licensee's last
known address, require
him
the licensee
to submit to a driver's
license examination
or, a physical examination, or both, or a
commercial
driver's license examination. Upon the conclusion of
the examination,
the
registrar may suspend
or revoke the license
of the person,
or
may permit
him
the licensee to
retain the
license, or may issue
him
the licensee a restricted
license.
Refusal or neglect
of the licensee to submit to the examination is
ground for suspension
or
revocation of
his
the licensee's license.
Sec. 4507.21. (A) Each applicant for a driver's license
shall file an application in the office of the registrar of motor
vehicles or of a deputy registrar.
(B)(1) Each person under eighteen
years of age applying for
a driver's license issued in this state
shall present satisfactory
evidence of having successfully
completed any one of the
following:
(a) A driver education course approved by the state
department of education.
(b) A driver training course approved by
the director of
public safety.
(c) A driver training course comparable to a driver
education or driver
training course described in division
(B)(1)(a) or
(b) of this section and
administered by a branch of
the armed forces of the United States and
completed by the
applicant while residing outside this state for the purpose
of
being with or near any person serving in the armed forces of the
United
States.
(2) Each person under eighteen years of age applying for a
driver's license also shall present, on a form prescribed by the
registrar, an
affidavit signed by an eligible adult attesting that
the person has acquired
at least fifty hours of actual driving
experience, with at least ten of those
hours being at night.
(C) If the registrar or deputy registrar determines that the
applicant is entitled to the driver's license, it shall be
issued.
If the application shows that the applicant's license
has been
previously
revoked
canceled or suspended, the deputy
registrar
shall forward the application to the registrar, who shall
determine whether the license shall be granted.
(D) All applications shall be filed in duplicate, and the
deputy registrar issuing the license shall immediately forward to
the office of the registrar the original copy of the application,
together with the duplicate copy of the certificate, if issued.
The registrar shall prescribe rules as to the manner in which the
deputy registrar files and maintains the applications and other
records. The registrar shall file every application for a
driver's or commercial driver's license and index them by name
and
number, and shall maintain a suitable record of all licenses
issued, all convictions and bond forfeitures, all applications
for
licenses denied, and all licenses
which
that have been
suspended
or
revoked
canceled.
(E) For purposes of section 2313.06 of the Revised Code,
the
registrar shall maintain accurate and
current lists of the
residents of each county who are eighteen
years of age or older,
have been issued, on and after January 1,
1984, driver's or
commercial driver's licenses that are valid and
current, and would
be electors if they were registered to vote,
regardless of whether
they actually are registered to vote. The
lists shall contain the
names, addresses, dates of birth,
duration of residence in this
state, citizenship status, and
social security numbers, if the
numbers are available, of the
licensees, and may contain any other
information that the
registrar considers suitable.
(F) Each person under eighteen years of age applying for a
motorcycle operator's endorsement or a restricted license
enabling
the applicant to operate a motorcycle shall present
satisfactory
evidence of having completed the courses of instruction in the
motorcycle safety and education program described in section
4508.08 of the Revised Code or a comparable course of instruction
administered
by a branch of the armed forces of the United States
and completed by the
applicant while residing outside this state
for the purpose of being with or
near any person serving in the
armed forces of the United States. If the
registrar or deputy
registrar then determines that the applicant is entitled
to the
endorsement or restricted license, it shall be issued.
(G) No person shall knowingly make a false statement in an
affidavit presented in accordance with division (B)(2) of this
section.
(H) As used in this section, "eligible adult" means any of
the
following persons:
(1) A parent, guardian, or custodian of the applicant;
(2) A person over the age of twenty-one who acts in loco
parentis of the
applicant and who maintains proof of financial
responsibility with respect to
the operation of a motor vehicle
owned by the applicant or with respect to the
applicant's
operation of any motor vehicle.
(I)
Whoever violates division (G) of this section is
guilty
of a minor misdemeanor and shall be fined one hundred dollars.
Sec. 4507.30. No person shall
do any of the following:
(A) Display, or cause or permit to be displayed, or
possess
any identification card, driver's or commercial driver's
license,
temporary instruction permit, or commercial driver's
license
temporary instruction permit knowing the same to be
fictitious, or
to have been canceled,
revoked, suspended, or
altered;
(B) Lend to a person not entitled thereto, or knowingly
permit
him
a person not entitled thereto to use any
identification
card, driver's or commercial
driver's license, temporary
instruction permit, or commercial
driver's license temporary
instruction permit issued to the
person so lending or permitting
the use thereof;
(C) Display, or represent as one's own, any identification
card, driver's or commercial driver's license, temporary
instruction permit, or commercial driver's license temporary
instruction permit not issued to the person so displaying the
same;
(D) Fail to surrender to the registrar of motor vehicles,
upon
his
the registrar's demand, any identification card,
driver's
or commercial
driver's license, temporary instruction permit, or
commercial
driver's license temporary instruction permit
which
that has
been
suspended,
or canceled, or revoked;
(E) In any application for an identification card,
driver's
or commercial driver's license, temporary instruction
permit, or
commercial driver's license temporary instruction
permit, or any
renewal or duplicate thereof, knowingly conceal a
material fact,
or present any physician's statement required
under section
4507.08 or 4507.081 of the Revised Code when
knowing the same to
be false or fictitious.
(F)
Whoever violates any division of this section is guilty
of a
misdemeanor of the first degree.
Sec. 4507.31.
(A) No person shall cause or knowingly permit
any
minor
under
eighteen to drive a motor vehicle upon a highway
as an operator, unless
such
the
minor has first obtained a license
or permit to drive a motor vehicle under
sections 4507.01 to
4507.39, inclusive, of the Revised Code
this
chapter.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4507.321.
(A) Notwithstanding the definition of
"chauffeur" in
section
4501.01 of the Revised Code, no person
shall employ,
any minor
for the purpose of
operating a taxicab,
any minor under eighteen years of age.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4507.35.
(A) The operator of a motor vehicle shall
display
his
the
operator's driver's license, or
furnish
satisfactory proof
that
he
the operator has
such
a driver's
license, upon demand
of any peace
officer or of any person damaged
or injured in any
collision in which
such
the
licensee may be
involved. When a
demand is properly made and the operator has
his
the operator's driver's
license on or about
his
the
operator's
person,
he
the operator
shall not refuse to
display
said
the
license.
Failure
A person's
failure to furnish satisfactory
evidence that
such
the person is
licensed
under
sections 4507.01
to 4507.30 of the Revised Code
this
chapter when
such
the person
does
not
have
his
the person's
license on or about
his
the
person's person shall be prima-facie
evidence of
his
the
person's
not having obtained
such
a driver's license.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4507.36.
(A) No person shall knowingly make a false
statement
to any matter
or thing required by
sections 4507.01 to
4507.39, inclusive, of the Revised
Code
this chapter.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4507.45. If a person's driver's license, commercial
driver's
license, or nonresident operating privilege is suspended,
disqualified, or
revoked
canceled for an indefinite period of
time
or for
a period of at least ninety days, and if at the end of the
period
of suspension, disqualification, or
revocation
cancellation
the
person is
eligible to have the license or privilege
reinstated, the
registrar of motor vehicles shall collect a
reinstatement fee of thirty
dollars
when the person requests
reinstatement. However, the registrar
shall not collect the fee
prescribed by this section if a
different driver's license,
commercial driver's
license, or nonresident operating privilege
reinstatement fee is
prescribed by law.
Sec. 4507.50. (A) The registrar of motor vehicles or a
deputy
registrar, upon receipt of an application filed in
compliance with section 4507.51 of the Revised Code by any person
who is a resident or a temporary resident of this state and,
except as
otherwise provided in this section, is not licensed as
an operator of a motor
vehicle in this state or another licensing
jurisdiction, and, except
as provided in division (B) of this
section, upon
receipt of a fee of three dollars and fifty cents,
shall issue an
identification card to that person.
Any person who is a resident or temporary resident of this
state whose
Ohio driver's or commercial driver's license has been
suspended or
revoked
canceled, upon application in compliance with
section
4507.51
of the Revised Code and, except as provided in
division
(B)
of this section, payment of a fee of three dollars
and
fifty
cents, may be issued a temporary identification card.
The
temporary identification card shall be identical to an
identification card, except that it shall be printed on its face
with a statement that the card is valid during the effective
dates
of the suspension or
revocation
cancellation of the cardholder's
license, or
until the birthday of the cardholder in the fourth
year after the
date on which it is issued, whichever is shorter.
The cardholder
shall surrender the identification card to
the
registrar or any
deputy registrar before the
cardholder's driver's
or
commercial
driver's license is restored or reissued.
Except as provided in division (B) of this section,
the
deputy registrar shall be allowed a fee of
two dollars
and
seventy-five cents
commencing on July 1, 2001, three
dollars and
twenty-five cents commencing on January 1, 2003, and
three dollars
and fifty cents commencing on January 1, 2004, for
each
identification card issued under
this section. The fee
allowed to
the deputy registrar shall be
in addition to the fee
for issuing
an identification card.
Neither the registrar nor any deputy registrar shall charge
a
fee in excess of one dollar and fifty cents for laminating an
identification card or temporary identification card. A deputy
registrar
laminating such a card shall retain the entire amount
of
the fee
charged for lamination, less the actual cost to the
registrar of
the laminating materials used for that lamination,
as
specified in
the contract executed by the bureau for the
laminating materials
and laminating equipment. The deputy
registrar shall forward the
amount of the cost of the laminating
materials to the registrar
for deposit as provided in this
section.
The fee collected for issuing an identification card under
this section, except the fee allowed to the deputy registrar,
shall be paid into the state treasury to the credit of the state
bureau of motor vehicles fund created in section 4501.25 of the
Revised
Code.
(B) A disabled veteran who has a
service-connected
disability rated at one hundred per cent by
the veterans'
administration may apply to the registrar or a
deputy registrar
for the issuance to that veteran of an
identification card or a
temporary identification card under
this section without payment
of any fee prescribed in division
(A) of this section, including
any lamination fee.
If the identification card or temporary identification
card
of a disabled veteran described in this division is
laminated by a
deputy registrar who is acting as a deputy
registrar pursuant to a
contract with the registrar that is in
effect on the effective
date of this amendment, the disabled
veteran shall pay the deputy
registrar the
lamination fee prescribed in division
(A) of this
section. If the
identification card or temporary identification
card is
laminated by a deputy registrar who is acting as a deputy
registrar pursuant to a contract with the registrar that is
executed after
July 29, 1998,
the
disabled veteran is not
required to pay the deputy registrar
the
lamination fee prescribed
in division
(A) of this section.
A disabled veteran whose identification card or
temporary
identification card is laminated by the registrar is
not required
to pay the registrar any lamination fee.
An application made under division
(A) of this section shall
be
accompanied by such documentary evidence of disability as the
registrar may require by rule.
Sec. 4507.52.
(A) Each identification card issued by the
registrar of motor vehicles or a deputy registrar shall
display a
distinguishing number assigned to the cardholder, and shall
display the following inscription:
"STATE OF OHIO IDENTIFICATION CARDThis card is not valid for the purpose of operating a motor
vehicle. It is provided solely for the purpose of establishing
the identity of the bearer described on the card, who currently
is
not licensed to operate a motor vehicle in the state of Ohio."
The identification card shall display substantially the
same
information as contained in the application and as described in
division (A)(1) of section 4507.51 of the Revised Code,
but shall
not display the cardholder's social security number
unless the
cardholder
specifically requests that the cardholder's
social
security number
be
displayed on the card. If federal
law
requires the
cardholder's social
security number to be
displayed
on the
identification card, the social
security number
shall be
displayed
on the card notwithstanding
this section. The
identification
card also
shall
display the color photograph of the
cardholder.
If
the cardholder
has executed a
durable power of
attorney for
health
care or a
declaration
governing the use or
continuation, or
the
withholding
or
withdrawal, of life-sustaining
treatment and
has
specified that
the cardholder wishes the
identification
card
to
indicate that the
cardholder has
executed
either type of
instrument, the card also
shall
display
any symbol
chosen by the
registrar to indicate that
the
cardholder has
executed either type
of instrument. The card
shall be sealed in
transparent plastic or
similar material and
shall be so designed
as to prevent its
reproduction or alteration
without ready
detection.
The identification card for persons under twenty-one years of
age shall have
characteristics prescribed by the registrar
distinguishing it from that issued
to a person who is twenty-one
years of age or older, except that an
identification card issued
to a person who applies no more than thirty days
before the
applicant's twenty-first birthday shall have the characteristics
of
an identification card issued to a person who is twenty-one
years of age or
older.
Every identification card issued to a resident of this state
shall
expire, unless canceled or
surrendered earlier, on the
birthday of the cardholder in the
fourth year after the date on
which it is issued. Every identification
card issued to a
temporary resident shall expire in accordance with rules
adopted
by the registrar and is nonrenewable, but may be replaced with a
new
identification card upon the applicant's compliance with all
applicable
requirements. A cardholder
may renew the cardholder's
identification card within
ninety days prior to the day on which
it expires by filing an
application and paying the prescribed fee
in accordance with section 4507.50
of the Revised Code.
If a cardholder applies for a driver's or commercial
driver's
license in this state or another licensing jurisdiction,
the
cardholder shall surrender the
cardholder's identification card to
the registrar or
any deputy registrar before the license is
issued.
(B) If a card is lost, destroyed, or mutilated, the person to
whom the card was issued may obtain a duplicate by doing both of
the following:
(A)(1) Furnishing suitable proof of the loss, destruction,
or
mutilation to the registrar or a deputy registrar;
(B)(2) Filing an application and presenting documentary
evidence under section 4507.51 of the Revised Code.
Any person who loses a card and, after obtaining a
duplicate,
finds the original, immediately shall surrender
the original to
the registrar or a deputy registrar.
A cardholder may obtain a replacement identification card
that reflects any change of the cardholder's name by
furnishing
suitable proof
of the change to the registrar or a deputy
registrar and
surrendering the cardholder's existing card.
When a cardholder applies for a duplicate or obtains a
replacement identification card, the cardholder shall
pay a fee of
two dollars
and fifty cents. A deputy registrar shall be allowed
an
additional fee of
two dollars
and seventy-five cents
commencing on July 1, 2001,
three dollars and twenty-five cents
commencing on January 1, 2003,
and three dollars and fifty cents
commencing on January 1, 2004,
for
issuing a duplicate or
replacement identification card.
A
disabled veteran who is a
cardholder and has a
service-connected
disability rated at one
hundred per cent by
the veterans'
administration may apply to
the
registrar or a deputy registrar
for the issuance of a
duplicate or
replacement identification card
without payment of
any fee
prescribed in this section, and without
payment of any
lamination
fee if the disabled veteran would not be
required to
pay a
lamination fee in connection with the issuance
of an
identification card or temporary identification card as
provided
in division (B) of section
4507.50 of the Revised
Code.
A duplicate or replacement identification card shall expire
on the same date as the card it replaces.
(C) The registrar shall cancel any card upon determining that
the
card was obtained unlawfully, issued in error, or was
altered.
The
registrar also shall cancel any card that
is surrendered to
the
registrar or to a deputy registrar after the holder has
obtained a
duplicate, replacement, or driver's or commercial
driver's
license.
(D)(1) No agent of the state or its political subdivisions
shall
condition the granting of any benefit, service, right, or
privilege upon the possession by any person of an identification
card. Nothing in this section shall preclude any publicly
operated or franchised transit system from using an
identification
card for the purpose of granting benefits or
services of the
system.
(2) No person shall be required to apply for, carry, or
possess
an identification card.
(C)(E) Except in regard to an identification card issued to
a
person who applies no more than thirty days before the
applicant's
twenty-first birthday, neither the registrar nor any
deputy
registrar
shall issue an identification card to a person
under
twenty-one years of age
that does not have the
characteristics
prescribed by the registrar
distinguishing it from
the
identification card issued to persons who are
twenty-one years
of
age or older.
(F)
Whoever violates division (E) of this section is
guilty
of a minor misdemeanor.
Sec. 4507.99.
(A)
Whoever violates division (B)(2) or
(D)(1)
of section 4507.02 of the Revised Code is guilty of
driving
under
suspension or revocation or in violation of license
restrictions,
a misdemeanor of the first degree. Whoever
violates
division (C)
of section 4507.02 of the Revised Code is
guilty of
driving
without paying a license reinstatement fee, a
misdemeanor
of the
first degree. Except as otherwise provided in division (D)
of
section 4507.162 of the Revised Code, the court, in addition to
or
independent of all other penalties provided by
law, may suspend
for a period not to exceed one year the driver's
or commercial
driver's license or permit or nonresident operating
privilege of
any person who pleads guilty to or is convicted of a
violation of
division (B)(2), (C), or (D)(1) of section 4507.02
of the Revised
Code.
(B) Whoever violates division (D)(2) of section 4507.02 of
the Revised Code is guilty of driving under OMVI suspension or
revocation and shall be punished as provided in division (B)(1),
(2), or (3) and divisions (B)(4) to (8) of this section.
(1) Except as otherwise provided in division (B)(2) or (3)
of this section, driving under OMVI suspension or revocation is a
misdemeanor of the first degree, and the court shall sentence the
offender to a term of imprisonment of not less than three
consecutive days and may sentence the offender pursuant to
section
2929.21 of the Revised Code to a longer term of
imprisonment. As
an alternative to the term of imprisonment
required to be imposed
by this division, but subject to division
(B)(6) of this section,
the court may sentence the offender to a
term of not less than
thirty consecutive days of electronically
monitored house arrest
as defined in division (A)(4) of section
2929.23 of the Revised
Code. The period of electronically
monitored house arrest shall
not exceed six months. In addition,
the court shall impose upon
the offender a fine of not less than
two hundred fifty and not
more than one thousand dollars.
Regardless of whether the vehicle the offender was
operating
at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for thirty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for thirty days of the identification license plates
of that vehicle. The order for immobilization and impoundment
shall be issued and enforced in accordance with section 4503.233
of the Revised Code.
(2) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to one violation of division
(D)(2) of section 4507.02 of the Revised Code or a municipal
ordinance that is substantially equivalent to that division,
driving under OMVI suspension or revocation is a misdemeanor, and
the court shall sentence the offender to a term of imprisonment
of
not less than ten consecutive days and may sentence the
offender
to a longer definite term of imprisonment of not more
than one
year. As an alternative to the term of imprisonment
required to
be imposed by this division, but subject to division
(B)(6) of
this section, the court may sentence the offender to a
term of not
less than ninety consecutive days of electronically
monitored
house arrest as defined in division (A)(4) of section
2929.23 of
the Revised Code. The period of electronically
monitored house
arrest shall not exceed one year. In addition,
the court shall
impose upon the offender a fine of not less than
five hundred and
not more than two thousand five hundred dollars.
Regardless of whether the vehicle the offender was
operating
at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for sixty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for sixty days of the identification license plates
of
that vehicle. The order for immobilization and impoundment
shall
be issued and enforced in accordance with section 4503.233
of the
Revised Code.
(3) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to two or more violations of
division (D)(2) of section 4507.02 of the Revised Code or a
municipal ordinance that is substantially equivalent to that
division, driving under OMVI suspension or revocation is guilty
of
a misdemeanor. The court shall sentence the offender to a
term of
imprisonment of not less than thirty consecutive days and
may
sentence the offender to a longer definite term of
imprisonment of
not more than one year. The court shall not
sentence the offender
to a term of electronically monitored house
arrest as defined in
division (A)(4) of section 2929.23 of the
Revised Code. In
addition, the court shall impose upon the
offender a fine of not
less than five hundred and not more than
two thousand five hundred
dollars.
Regardless of whether the vehicle the offender was
operating
at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the criminal forfeiture to the state of the vehicle
the offender was operating at the time of the offense. The order
of criminal forfeiture shall be issued and enforced in accordance
with section 4503.234 of the Revised Code.
If title to a motor vehicle that is subject to an order for
criminal
forfeiture under this section is assigned or transferred
and division
(C)(2) or (3) of section 4503.234 of the
Revised Code
applies, in addition to or independent of any other penalty
established by law,
the court may fine the offender the value of
the vehicle as determined by
publications of the national auto
dealer's association. The proceeds from any
fine imposed under
this division shall be distributed in accordance with
division
(D)(4) of section 4503.234 of the
Revised
Code.
(4) In addition to or independent of all other penalties
provided by law or ordinance, the trial judge of any court of
record or the mayor of a mayor's court shall suspend for a period
not to exceed one year the driver's or commercial driver's
license
or permit or nonresident operating privilege of an
offender who is
sentenced under division (B)(1), (2), or (3) of
this section.
(5) Fifty per cent of any fine imposed by a court under
division (B)(1), (2), or (3) of this section shall be deposited
into the county indigent drivers alcohol treatment fund
or
municipal indigent
drivers alcohol treatment fund under the
control of that court, as created by
the county or municipal
corporation pursuant
to division (N) of section 4511.191 of the
Revised Code.
(6) No court shall impose the alternative sentence of not
less than thirty consecutive days of electronically monitored
house arrest permitted to be imposed by division (B)(1) of this
section or the alternative sentence of a term of not less than
ninety consecutive days of electronically monitored house arrest
permitted to be imposed by division (B)(2) of this section,
unless
within sixty days of the date of sentencing, the court
issues a
written finding, entered into the record, that, due to
the
unavailability of space at the incarceration facility where
the
offender is required to serve the term of imprisonment
imposed
upon the offender, the offender will not be able to begin
serving
that term of imprisonment within the sixty-day period following
the date of sentencing. If the court issues such a finding, the
court may impose the alternative sentence comprised of or
including electronically monitored house arrest permitted to be
imposed by division (B)(1) or (2) of this section.
(7) An offender sentenced under this section to a period
of
electronically monitored house arrest shall be permitted work
release during such period. The duration of the work release
shall not exceed the time necessary each day for the offender to
commute to and from the place of employment and the offender's
home or other
place specified by the sentencing court and the time
actually
spent under employment.
(8) Suspension of a commercial driver's license under this
section shall be concurrent with any period of disqualification
under section 3123.611 or 4506.16 of the Revised
Code or any
period of suspension under section 3123.58 of the
Revised Code. No
person who is
disqualified for life from holding a commercial
driver's license
under section 4506.16 of the Revised Code shall
be issued a
driver's license under this chapter during the period
for which
the commercial driver's license was suspended under this
section,
and no person whose commercial driver's license is
suspended
under this section shall be issued a driver's license
under this
chapter during the period of the suspension.
(C) Whoever violates division (B)(1) of section 4507.02 of
the Revised Code is guilty of driving under financial
responsibility law suspension or revocation and shall be punished
as provided in division (C)(1), (2), or (3) and division (C)(4)
of
this section.
(1) Except as otherwise provided in division (C)(2) or (3)
of this section,
driving under financial responsibility law
suspension
or revocation is a misdemeanor of the first degree.
Regardless of whether the vehicle the offender was
operating
at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for thirty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for thirty days of the identification license plates
of that vehicle. The order for immobilization and impoundment
shall be issued and enforced in accordance with section 4503.233
of the Revised Code.
(2) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to one violation of division
(B)(1) of section 4507.02 of the Revised Code or a municipal
ordinance that is substantially equivalent to that division,
driving under financial responsibility law suspension or
revocation is a misdemeanor of the first degree.
Regardless of whether the vehicle the offender was
operating
at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for sixty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for sixty days of the identification license plates
of
that vehicle. The order for immobilization and impoundment
shall
be issued and enforced in accordance with section 4503.233
of the
Revised Code.
(3) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to two or more violations of
division (B)(1) of section 4507.02 of the Revised Code or a
municipal ordinance that is substantially equivalent to that
division, driving under financial responsibility law suspension
or
revocation is a misdemeanor of the first degree.
Regardless of whether the vehicle the offender was
operating
at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the criminal forfeiture to the state of the vehicle
the offender was operating at the time of the offense. The order
of criminal forfeiture shall be issued and enforced in accordance
with section 4503.234 of the Revised Code.
If title to a motor vehicle that is subject to an order for
criminal
forfeiture under this section is assigned or transferred
and division
(C)(2) or (3) of section 4503.234 of the
Revised Code
applies, in addition to or independent of any other penalty
established by law,
the court may fine the offender the value of
the vehicle as determined by
publications of the national auto
dealer's association. The proceeds from any
fine imposed under
this division shall be distributed in accordance with
division
(D)(4) of section 4503.234 of the
Revised Code.
(4) Except as otherwise provided in division (D) of
section
4507.162 of the Revised Code, the court, in addition to
or
independent of all other penalties provided by law, may
suspend
for a period not to exceed one year the driver's or
commercial
driver's license or permit or nonresident operating
privilege of
an offender who is sentenced under division (C)(1),
(2), or (3) of
this section.
(5) The court shall not release a vehicle from the
immobilization ordered
under division (C)(1) or (2) of this
section unless the court is presented
with current proof of
financial responsibility with respect to that vehicle.
(D) Whoever violates division (A)(1) or (3) of section
4507.02 of the Revised Code by operating a motor vehicle when
the
offender's
driver's or commercial driver's license has been
expired for no
more than six months is guilty of a minor
misdemeanor. Whoever
violates division (B) of section 4507.13 or
division (C) of
section 4507.52 of the Revised Code is guilty of a
minor
misdemeanor.
(E) Whoever violates section 4507.33 of the Revised Code
is
guilty of permitting the operation of a vehicle by a person
with
no legal right to operate a vehicle and shall be punished as
provided in division (E)(1) or (2) of this section.
(1) Except as otherwise provided in division (E)(2) of this
section,
permitting the operation of a vehicle by a person
with no
legal right to operate a vehicle is a misdemeanor of the
first
degree. In addition to or independent of any other
sentence that
it imposes upon the offender and subject to section
4503.235 of
the Revised Code, the court shall order the
immobilization for
thirty days of the vehicle involved in the
offense and the
impoundment for thirty days of the identification
license plates
of that vehicle. The order for immobilization and
impoundment
shall be issued and enforced in accordance with
section 4503.233
of the Revised Code.
(2) If the offender previously has been convicted of or
pleaded guilty to one or more violations of section 4507.33 of
the
Revised Code, permitting the operation of a vehicle by a
person
with no legal right to operate a vehicle is a misdemeanor
of the
first degree. In addition to or independent of any other
sentence
that it imposes upon the offender and subject to section
4503.235
of the Revised Code, the court shall order the criminal
forfeiture
to the state of the vehicle involved in the offense.
The order of
criminal forfeiture shall be issued and enforced in
accordance
with section 4503.234 of the Revised Code.
If title to a motor vehicle that is subject to an order for
criminal
forfeiture under this section is assigned or transferred
and division
(C)(2) or (3) of section 4503.234 of the
Revised Code
applies, in addition to or independent of any other penalty
established by law,
the court may fine the offender the value of
the vehicle as determined by
publications of the national auto
dealer's association. The proceeds from any
fine imposed under
this division shall be distributed in accordance with
division
(D)(4) of section 4503.234 of the
Revised
Code.
(F) Whoever violates division
(F)(1) or (2) of section
4507.05, or
division (B) or (D)
of section 4507.071 of the
Revised
Code is guilty of a minor misdemeanor.
(G) Whoever violates division (G) of section 4507.21
of the
Revised Code shall be fined one hundred dollars.
(H) Except as provided in divisions (A) to (E) of this
section and unless
Unless another penalty is provided by
the
section that contains the provision violated or otherwise is
provided by the laws of
this state, whoever violates any provision
of sections 4507.01 to
4507.081 or 4507.10 to 4507.37 of the
Revised Code is guilty of a
misdemeanor of the first degree.
(I) Whenever a person is found guilty of a violation of
section 4507.32 of the Revised Code, the trial judge of any court
of record, in addition to or independent of all other penalties
provided by law or ordinance, may suspend for any period of time
not exceeding three years or revoke the license of any person,
partnership, association, or corporation, issued under section
4511.763 of the Revised Code.
(J)(B) Whenever a person is found guilty of a violation of
a
traffic offense specified in Traffic Rule 13(B) that requires
the
person's appearance in court, the court shall require the
person to verify the
existence at the time of the
offense of proof
of financial responsibility covering the
person's operation of the
motor vehicle, or the motor vehicle if
registered in the person's
name, and notify the registrar pursuant to division
(D) of section
4509.101 of the Revised Code
if the person fails to verify the
existence of such proof of
financial responsibility.
Sec. 4508.03. (A) No driver training school
shall be
established nor any such existing school continued
unless the
school applies for and obtains from the director of
public safety
a license in the manner and form prescribed by the
director.
The rules shall state the requirements for a school
license,
including requirements concerning location, equipment,
courses of
instruction, instructors, previous records of the
school and
instructors, financial statements, schedule of fees
and charges,
character and reputation of the operators, insurance
in
such
the
sum and with
such
those provisions as the director considers
necessary to protect adequately the interests of the public, and
such
any other matters as the director may prescribe for the
protection of the public. The rules also shall require financial
responsibility information as part of the driver education
curriculum.
(B) Any school that offers a driver training program for
disabled persons shall provide specially trained
instructors
for
the driver training of such persons. No school shall operate
a
driver training program for disabled persons after
June 30,
1978,
unless it has been licensed for such operation by the
director.
No
person shall act as a specially trained instructor
in a driver
training program for disabled persons
operated by
a school after
June 30, 1978, unless that person has been
licensed by the
director.
(C) The director
shall certify instructors to teach driver
training to
disabled persons in accordance with training program
requirements established
by the department of public safety.
(D) No person shall operate a driver training school unless
the
person has a valid license issued by the director under this
section.
(E) Whoever violates division (D) of this
section is guilty
of
operating a driver training school without a valid license, a
minor
misdemeanor. On a second or subsequent offense within two
years after the
first offense, the
person is guilty of a
misdemeanor of the fourth degree.
Sec. 4508.04. (A) No person shall act as a driver training
instructor and on and
after June 30, 1978, no person shall act as
a driver training instructor for
disabled persons unless such
person applies for and
obtains from the
director of public safety
a license in the manner and form prescribed by the
director. The
director shall provide by rule for instructors' license
requirements including moral character, physical condition,
knowledge of the
courses of instruction, motor vehicle laws and
safety principles, previous
personal and employment records, and
such other matters as the director may
prescribe for the
protection of the public. Driver training instructors for
disabled persons shall meet such additional
requirements and
receive such
additional classroom and practical instruction as the
director shall prescribe
by rule.
(B)(1)
No license shall be issued under this section to a
person
if, within ten years of the date of application for the
license, the person has pleaded guilty to or been convicted of a
felony under the laws of this state or the comparable laws of
another jurisdiction.
(2) No license shall be issued under this section to a
person
if, within five years of the date of application for the
license, the
person has pleaded guilty to or been convicted of a
misdemeanor of the
first or second degree that is reasonably
related to the person's
fitness to be issued such a license.
(C) No person shall knowingly make a false statement on a
license application submitted under this section.
(D)(1) Whoever violates division (A) of this
section is
guilty
of acting as a driver training instructor without a valid
license, a
misdemeanor of the fourth degree.
(2) Whoever violates division (C) of this section may be
charged
with falsification under section 2921.13 of the Revised
Code.
Sec. 4508.06. (A) The director of public safety may refuse to
issue, or may
suspend or revoke, a license in any case
where
in
which the director
finds the applicant or licensee has violated
any of the provisions of
this chapter, or
any of the regulations
adopted by the director.
A
No person whose license has been
suspended or revoked
license
under this section shall
be returned
fail to return the license to the director
by the licensee.
(B) Whoever violates division (A) of this section is
guilty
of failing to return a suspended or revoked license, a minor
misdemeanor or, on a second or subsequent offense within two years
after the
first offense, a misdemeanor of the fourth degree.
Sec. 4508.091. (A) No person who operates a driver training
school shall use or cause to be used in the operation of the
driving school
and upon any public property or private property
used for vehicular traffic
any vehicle that does not meet the
minimum standards that are established by
the director of public
safety and that are applicable to vehicles used in the
operation
of a driving school.
(B) Whoever violates this section is guilty of using an
unsafe
vehicle at a driving school, a minor misdemeanor or, on a
second or subsequent
offense within two years after the first
offense, a misdemeanor of the fourth
degree.
Sec. 4509.02. As used in sections
4509.31
4509.291 to
4509.67, inclusive, of the
Revised Code:
(A) "Judgment" means any judgment which has become final by
expiration
without
appeal of the time within which an appeal might
have been perfected, or by
final affirmation on appeal, rendered
by a court of competent jurisdiction of
any state or of the United
States, upon a cause of action arising out of the
ownership,
maintenance, or use of any motor vehicle for damages, including
damages for care and loss of services because of bodily injury to
or death of
any person, or for damages because of injury to or
destruction of property,
including the loss of use thereof, or
upon a cause of action on an agreement of
settlement for such
damages.
(B) "State" means any state, territory, or possession of the
United States,
the District of Columbia, or any province of the
Dominion of Canada.
Sec. 4509.101. (A)(1) No person shall operate, or permit
the operation of, a motor vehicle in this state, unless proof of
financial responsibility is maintained continuously throughout
the
registration period with respect to that vehicle, or, in the
case
of a driver who is not the owner, with respect to that
driver's
operation of that vehicle.
(2) Whoever violates division (A)(1) of this section shall
be subject to the following civil penalties:
(a)
Suspension of the person's operating privileges
Subject
to divisions (A)(2)(b) and (c) of this
section, a class
E
suspension of the person's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident
operating privilege for the period of time specified
in division
(B)(5) of
section 4510.02 of the Revised Code and
impoundment of the person's license
until the person complies
with
division (A)(5) of this section. The suspension shall be
for a
period of not less than ninety days except that if,.
The
court
may
grant limited driving privileges to the person only if the
person
presents proof of financial responsibility and has complied
with
division
(A)(5) of this section.
(b) If, within
five years of the violation, the person's
operating privileges
are again suspended and the person's license
again is impounded
one or more
times for a violation of division
(A)(1) of this section,
a class
C suspension of the person's
driver's license, commercial driver's
license, temporary
instruction permit, probationary license, or nonresident
operating
privilege for the period of time specified in division
(B)(3) of
section 4510.02 of the Revised Code. The court may grant limited
driving privileges to the
person only if the person presents proof
of financial responsibility and has
complied with division (A)(5)
of this section, and no court may grant
limited driving privileges
for the first fifteen days of the
suspension
shall be for a period
of not less than one year. Except as
provided by section 4509.105
of the Revised Code, the suspension is not
subject to revocation,
suspension, or
occupational or other limited operating privileges.
(b)(c)
If, within five years of the violation, the
person's
operating privileges are suspended and the person's license is
impounded two or more times for a violation of division (A)(1) of
this section, a class B suspension of the person's driver's
license, commercial driver's license, temporary instruction
permit,
probationary license, or nonresident operating privilege
for the period of
time
specified in division (B)(2) of section
4510.02 of the Revised Code. No court may
grant limited driving
privileges during the suspension.
(d) In addition to
the suspension of an owner's
license
under division (A)(2)(a), (b),
or
(c) of this
section, the
suspension of the
rights of the owner to register the motor
vehicle and the
impoundment of the owner's certificate of
registration and
license plates until the owner complies with
division (A)(5)
of this section.
(3) A person to whom this state has issued a certificate
of
registration for a motor vehicle or a license to operate a
motor
vehicle or who is determined to have operated any motor
vehicle or
permitted the operation in this state of a motor
vehicle owned by
the person shall be required to verify the
existence of proof of
financial responsibility covering the
operation of the motor
vehicle or the person's operation of the
motor vehicle under any
of the following circumstances:
(a) The person or a motor vehicle owned by the person is
involved in a traffic accident that requires the filing of an
accident report under section 4509.06 of the Revised Code.
(b) The person receives a traffic ticket indicating that
proof of the maintenance of financial responsibility was not
produced upon the request of a peace officer or state highway
patrol trooper made in accordance with division (D)(2) of
this
section.
(c) Whenever, in accordance with rules adopted by the
registrar, the person is randomly selected by the registrar and
requested to provide such verification.
(4) An order of the registrar that suspends and
impounds a
license or
registration, or both, shall state the date on or
before which
the person is required to surrender the person's
license or
certificate of registration and license plates. The
person
is deemed to have surrendered the license or certificate of
registration and license plates, in compliance with the
order, if
the person does either of the following:
(a) On or before the date specified in the order,
personally
delivers the license or certificate of registration
and license
plates, or causes the delivery of the items, to
the registrar;
(b) Mails the license or certificate of registration and
license plates to the registrar in an envelope or container
bearing a
postmark showing
a date no later than the date specified
in the order.
(5) Except as provided in division (A)(6) of this
section,
the registrar shall not restore any operating
privileges or
registration rights suspended under this section,
return any
license, certificate of registration, or license
plates impounded
under this section, or reissue license plates
under section
4503.232 of the Revised Code, if the registrar
destroyed the
impounded license plates under that section,
or reissue a license
under section
4507.54
4510.52 of the
Revised Code,
if the
registrar destroyed the suspended license under that
section,
unless the rights are not subject to suspension or
revocation
under any other law and unless the person, in addition
to
complying with all other conditions required by law for
reinstatement of the operating privileges or registration rights,
complies with all of the following:
(a) Pays a financial responsibility reinstatement fee of
seventy-five dollars for the first violation of division (A)(1)
of
this section, two hundred fifty dollars for a second violation
of
that division, and five hundred dollars for a third or
subsequent
violation of that division;
(b) If the person has not voluntarily surrendered the
license, certificate, or license plates in compliance with the
order,
pays a financial responsibility nonvoluntary compliance fee
in an
amount, not to exceed fifty dollars, determined by the
registrar;
(c) Files and continuously maintains proof of financial
responsibility under sections 4509.44 to 4509.65 of the Revised
Code.
(6) If the registrar issues an order under division
(A)(2)
of this
section resulting from the failure of a person to respond
to a financial
responsibility random verification request under
division (A)(3)(c) of this section and the person
successfully
maintains an affirmative defense to a violation of section
4507.02
4510.16 of the
Revised Code or is determined by the registrar or a
deputy
registrar to have been in compliance with division (A)(1)
of this
section at the time of the initial financial
responsibility random
verification request, the
registrar shall do
both of the following:
(a) Terminate the order of suspension or impoundment;
(b) Restore the operating privileges and registration rights
of
the person without payment of the fees established in divisions
(A)(5)(a) and (b) of this section and
without a requirement to
file proof of financial responsibility.
(B)(1) Every party required to
file an accident report under
section 4509.06 of the Revised Code also shall
include with the
report a document described in division (G)(1) of this
section.
If the registrar determines, within forty-five days after
the
report is filed, that an operator or owner has violated
division
(A)(1) of this section, the registrar shall do all of the
following:
(a) Order the impoundment, with respect to the motor
vehicle
involved, required under division (A)(2)(b)(d) of this
section, of
the certificate of registration and license
plates of any owner
who has violated division (A)(1) of this
section;
(b) Order the suspension required under division (A)(2)(a),
(b),
or
(c)
of this section of the license of any operator or
owner who has
violated division (A)(1) of this section;
(c) Record the name and address of the person whose
certificate of registration and license plates have been
impounded
or are under an order of impoundment, or whose license
has been
suspended or is under an order of suspension; the serial
number of
the person's license; the serial numbers of
the person's
certificate of
registration and license plates; and the person's
social
security account number, if assigned, or, where the motor
vehicle
is used for hire or principally in connection with any
established business, the person's federal taxpayer
identification
number. The information shall be recorded in such
a manner that
it becomes a part of the person's permanent record,
and assists
the registrar in monitoring compliance with the
orders of
suspension or impoundment.
(d) Send written notification to every person to whom the
order pertains, at the person's last known address as shown on
the
records of the bureau. The person, within ten days
after the date
of the mailing of the notification, shall surrender to
the
registrar, in a manner set forth in division (A)(4) of this
section, any certificate of registration and registration plates
under an order of impoundment, or any license under an order of
suspension.
(2) The registrar shall issue any order under division
(B)(1) of this section without a hearing. Any person
adversely
affected by the order, within ten days after the issuance of
the
order, may request an administrative hearing before the
registrar,
who shall provide the person with an opportunity for a
hearing in
accordance with this paragraph. A request for a
hearing does not
operate as a suspension of the order. The scope
of the hearing
shall be limited to whether the person in fact
demonstrated to the
registrar proof of financial responsibility
in accordance with
this section. The registrar shall determine
the date, time, and
place of any hearing, provided that the
hearing shall be held, and
an order issued or findings made,
within thirty days after the
registrar receives a request for a
hearing. If requested by the
person in writing, the registrar
may designate as the place of
hearing the county seat of the
county in which the person resides
or a place within fifty miles
of the person's residence. The
person shall pay the cost of the
hearing before the registrar, if
the registrar's order of
suspension or impoundment is upheld.
(C) Any order of suspension or impoundment issued under
this
section or division (B) of section 4509.37 of the Revised
Code may
be terminated at any time if the registrar determines
upon a
showing of proof of financial responsibility that the
operator or
owner of the motor vehicle was in compliance with
division (A)(1)
of this section at the time of the traffic
offense, motor vehicle
inspection, or accident that
resulted in
the order against the
person. A determination may be made
without a hearing. This
division does not apply unless the
person shows good cause for the
person's failure to present
satisfactory proof of financial
responsibility to the
registrar prior to the issuance of the
order.
(D)(1) For the purpose of enforcing this section, every
peace officer is deemed an agent of the registrar.
(a) Except as provided in division
(D)(1)(b) of this
section, any peace
officer who, in the performance of the peace
officer's duties as
authorized by
law, becomes aware of a person
whose license is under an order of
suspension, or whose
certificate of registration and license
plates are under an order
of impoundment, pursuant to this
section, may confiscate the
license, certificate of
registration, and license plates, and
return them to the
registrar.
(b) Any peace officer who, in the performance of the peace
officer's duties as authorized by law, becomes aware of a person
whose license
is under an order of
suspension, or whose
certificate of registration and license
plates are under an order
of impoundment resulting from failure to
respond to a financial
responsibility random verification, shall
not, for that reason,
arrest the owner or operator or seize the vehicle or
license
plates. Instead, the peace officer shall issue a citation for a
violation of
division (B)(1) of section
4507.02
4510.16
of the
Revised Code specifying the
circumstances as failure to respond to
a financial responsibility random
verification.
(2) A peace officer shall request the owner or operator of
a
motor vehicle to produce proof of financial responsibility in a
manner described in division (G) of this section at the
time the
peace officer acts to enforce the traffic laws of this state and
during motor vehicle inspections conducted pursuant to section
4513.02 of the Revised Code.
(3) A peace officer shall indicate on every traffic ticket
whether the person receiving the traffic ticket produced proof of
the maintenance of financial responsibility in response to the
officer's request under division (D)(2) of this section.
The
peace officer shall inform every person who receives a traffic
ticket and who has failed to produce proof of
the
maintenance of
financial responsibility that the person
must submit proof to the
traffic violations bureau with any payment of a
fine and costs for
the ticketed violation or, if the person is to
appear in court for
the
violation, the person must submit proof
to the court.
(4)(a) If a person who has failed to produce proof
of
the
maintenance of financial responsibility appears in court for a
ticketed
violation, the court may permit the defendant to present
evidence
of proof of financial responsibility to the court at such
time
and in such manner as the court determines to be necessary or
appropriate. The clerk of courts shall provide the registrar
with
the identity of any person who fails to submit proof of the
maintenance of financial responsibility pursuant to division
(D)(3) of this section.
(b) If a person who has failed to produce proof of the
maintenance of financial responsibility also fails to submit that
proof to the
traffic violations bureau with payment of a fine and
costs for the ticketed
violation, the traffic violations bureau
shall notify the registrar of the
identity of that person.
(5)(a) Upon receiving notice from a clerk of courts or
traffic
violations bureau pursuant to division (D)(4) of this
section,
the registrar shall
order the suspension of the license
of the person required under division
(A)(2)(a), (b),
or
(c) of
this section and the
impoundment of the
person's certificate of
registration and license plates required under
division
(A)(2)(b)(d) of this section, effective thirty
days after the date
of the mailing of notification. The registrar also
shall notify
the person
that the person must present the registrar with proof
of financial
responsibility in accordance with this section,
surrender to the
registrar the person's certificate of
registration,
license plates,
and license, or submit a statement
subject to section 2921.13 of
the Revised Code that the person did
not operate or permit
the operation
of the motor vehicle at the
time of the offense.
Notification
shall be in writing and shall
be sent to the person at the person's
last known address as shown
on the records of the bureau of motor
vehicles. The person,
within fifteen days after the date
of the mailing of notification,
shall present proof of financial
responsibility, surrender the
certificate of registration,
license plates, and license to the
registrar in a
manner set
forth in division (A)(4) of this
section, or submit the statement
required under this section
together with other information the
person considers appropriate.
If the registrar does not receive proof or the person
does
not surrender the certificate
of registration, license plates,
and
license, in accordance with this division, the registrar shall
permit
the order
for the suspension of the license of the person
and the
impoundment of the person's
certificate of registration
and license plates
to take effect.
(b) In the case of a person who presents, within the
fifteen-day period, documents to show proof of financial
responsibility, the registrar shall terminate the order of
suspension and the impoundment of the registration and license
plates required
under division (A)(2)(b)(d) of this section and
shall send
written notification
to the person, at the person's
last known address as shown on the records of
the bureau.
(c) Any person adversely affected by the order of the
registrar under division (D)(5)(a) or (b) of this section,
within
ten days after the issuance of the order, may request an
administrative hearing before the registrar, who shall provide
the
person with an opportunity for a hearing in accordance with
this
paragraph. A request for a hearing does not operate as a
suspension of the order. The scope of the hearing shall be
limited to whether the person in fact demonstrated to the
registrar proof of financial responsibility in accordance with
this section. The registrar shall determine the date, time, and
place of any hearing; provided, that the hearing shall be held,
and an order issued or findings made, within thirty days after
the
registrar receives a request for a hearing. If requested by
the
person in writing, the registrar may designate as the place
of
hearing the county seat of the county in which the person
resides
or a place within fifty miles of the person's residence.
Such
person shall pay the cost of the hearing before the
registrar, if
the registrar's order of suspension or impoundment
under division
(D)(5)(a) or (b) of this section is upheld.
(6) A peace officer may charge an owner or operator of a
motor vehicle with a violation of
division (B)(1) of section
4507.02
4510.16 of the Revised Code when the owner or operator
fails to
show proof of the maintenance of financial responsibility
pursuant to a peace officer's request under division (D)(2)
of
this section, if a check of the owner or operator's driving
record
indicates that the owner or operator, at the time of the
operation
of the motor vehicle, is required to file and maintain
proof of
financial responsibility under section 4509.45 of the
Revised Code
for a previous violation of this chapter.
(7) Any forms used by law enforcement agencies in
administering this section shall be prescribed, supplied, and paid
for by the
registrar.
(8) No peace officer, law enforcement agency employing a
peace officer, or political subdivision or governmental agency
that employs a peace officer shall be liable in a civil action
for
damages or loss to persons arising out of the performance of
any
duty required or authorized by this section.
(9) As used in this division and divisions
(E) and (G) of
this section, "peace officer" has the meaning set forth in
section
2935.01 of the Revised Code.
(E) All fees, except court costs, collected under this
section shall be paid into the state treasury to the credit of
the
financial responsibility compliance fund. The financial
responsibility compliance fund shall be used exclusively to cover
costs incurred by the bureau in the administration of this
section
and sections 4503.20, 4507.212, and 4509.81 of the
Revised Code,
and by any law enforcement agency employing any
peace officer who
returns any license, certificate of
registration, and license
plates to the registrar pursuant
to division (C) of this section,
except that the director
of
budget and management may transfer
excess money from the
financial responsibility compliance fund to
the state
bureau of motor vehicles fund if the registrar
determines that the amount of
money
in the financial
responsibility compliance fund exceeds the
amount required to
cover such costs incurred by the bureau or a
law enforcement
agency and requests the director to make the
transfer.
All investment earnings of the financial responsibility
compliance fund shall be credited to the fund.
(F) Chapter 119. of the Revised Code applies to this
section
only to the extent that any provision in that chapter is
not
clearly inconsistent with this section.
(G)(1) The registrar, court, traffic violations
bureau, or
peace officer may require
proof of financial responsibility to be
demonstrated by use of a
standard form prescribed by the
registrar. If the use of a
standard form is not required, a
person may demonstrate proof of
financial responsibility under
this section by presenting to the
traffic violations bureau,
court, registrar, or peace officer
any of the following documents
or a copy of the documents:
(a) A financial responsibility identification card as
provided in section 4509.104 of the Revised Code;
(b) A certificate of proof of financial responsibility on
a
form provided and approved by the registrar for the filing of
an
accident report required to be filed under section 4509.06 of
the
Revised Code;
(c) A policy of liability insurance, a declaration page of
a
policy of liability insurance, or liability bond, if the policy
or
bond complies with section 4509.20 or sections 4509.49 to
4509.61
of the Revised Code;
(d) A bond or certification of the issuance of a bond as
provided in section 4509.59 of the Revised Code;
(e) A certificate of deposit of money or securities as
provided in section 4509.62 of the Revised Code;
(f) A certificate of self-insurance as provided in section
4509.72 of the Revised Code.
(2) If a person fails to demonstrate proof of financial
responsibility in a manner described in division (G)(1) of
this
section, the person may demonstrate proof of financial
responsibility under this section by any other method that the
court or the bureau, by reason of circumstances in a particular
case, may consider appropriate.
(3) A motor carrier certificated by the interstate
commerce
commission or by the public utilities commission may
demonstrate
proof of financial responsibility by providing a
statement
designating the motor carrier's operating authority and
averring
that the insurance coverage required by the
certificating
authority is in full force and effect.
(4)(a) A finding by the registrar or court that a person
is
covered by proof of financial responsibility in the form of an
insurance policy or surety bond is not binding upon the named
insurer or surety or any of its officers, employees, agents, or
representatives and has no legal effect except for the purpose of
administering this section.
(b) The preparation and delivery of a financial
responsibility identification card or any other document
authorized to be used as proof of financial responsibility under
this division does not do any of the following:
(i) Create any liability or estoppel against an insurer or
surety, or any of its officers, employees, agents, or
representatives;
(ii) Constitute an admission of the existence of, or of
any
liability or coverage under, any policy or bond;
(iii) Waive any defenses or counterclaims available to an
insurer, surety, agent, employee, or representative in an action
commenced by an insured or third-party claimant upon a cause of
action alleged to have arisen under an insurance policy or surety
bond or by reason of the preparation and delivery of a document
for use as proof of financial responsibility.
(c) Whenever it is determined by a final judgment in a
judicial proceeding that an insurer or surety, which has been
named on a document accepted by a court or the registrar as proof
of financial responsibility covering the operation of a motor
vehicle at the time of an accident or offense, is not liable to
pay a judgment for injuries or damages resulting from such
operation, the registrar, notwithstanding any previous
contrary
finding, shall forthwith suspend the operating privileges and
registration rights of the person against whom the judgment was
rendered as provided in division (A)(2) of this section.
(H) In order for any document described in division
(G)(1)(b) of this section to be used for the demonstration
of
proof of financial responsibility under this section, the
document
shall state the name of the insured or obligor, the name
of the
insurer or surety company, and the effective and
expiration dates
of the financial responsibility, and designate
by explicit
description or by appropriate reference all motor
vehicles covered
which may include a reference to fleet insurance
coverage.
(I) For purposes of this section, "owner" does not include
a
licensed motor vehicle leasing dealer as defined in section
4517.01 of the Revised Code, but does include a motor vehicle
renting dealer as defined in section 4549.65 of the Revised
Code.
Nothing in this section or in section 4509.51 of the Revised Code
shall be
construed to prohibit a motor vehicle renting dealer
from
entering into a contractual agreement with a person whereby
the
person renting the motor vehicle agrees to be solely responsible
for
maintaining proof of
financial responsibility, in accordance
with this section, with
respect to the operation, maintenance, or
use of the motor vehicle during the
period
of the motor vehicle's
rental.
(J) The purpose of this section is to require the
maintenance of proof of financial responsibility with respect to
the operation of motor vehicles on the highways of this state, so
as to minimize those situations in which persons are not
compensated for injuries and damages sustained in motor vehicle
accidents. The general assembly finds that this section contains
reasonable civil penalties and procedures for achieving this
purpose.
(K) Nothing in this section shall be construed to be
subject
to section 4509.78 of the Revised Code.
(L) The registrar shall adopt rules in accordance with
Chapter 119. of the Revised Code that are necessary to administer
and enforce this section. The rules shall include procedures for
the surrender of license plates upon failure to maintain
proof of
financial responsibility and provisions relating to
reinstatement
of registration rights, acceptable forms of proof
of financial
responsibility, and verification of the existence of
financial
responsibility during the period of registration.
Sec. 4509.17. Except as provided in sections 4509.01 to
4509.78 of the
Revised
Code, upon failure of any person to request
a hearing as provided for in
section 4509.13 of the Revised Code,
or to deposit the security
required under
section 4509.12 of the
Revised Code within thirty days after the registrar of
motor
vehicles has sent the notice provided for in section 4509.13 of
the
Revised Code, the registrar shall
suspend the license of such
impose
a class F suspension of the person's driver's license,
commercial
driver's license, temporary instruction permit,
probationary license, or
nonresident operating privilege for the
period of time specified in division
(B)(6) of section 4510.02 of
the Revised Code on the person and the
registrations of all motor
vehicles owned by
such
the person.
If the person is a
nonresident, the suspension shall include the privilege of
operating any motor
vehicle within this state or permitting the
operation within this state of any
motor vehicle owned by the
nonresident.
Sec. 4509.24. (A) The persons involved in or affected by a
motor vehicle
accident may at any time enter into a written
agreement for the payment of an
agreed amount with respect to all
claims for bodily injury to or death of any
person or property
damage arising from the accident which may provide for
payment in
installments. A signed copy of the agreement may be
filed with
the
registrar of motor vehicles.
(B) The registrar, upon filing of any such written
agreement, shall not
require the deposit of security by any party
to the agreement for the benefit
or protection of any party to the
agreement. The registrar shall
modify appropriately any prior
order of suspension with reference to such
persons, or if
security
has been deposited, the registrar immediately shall
return to the
depositor or the depositor's personal
representative any deposit
for the benefit or protection
of any party to the agreement.
(C) If the registrar receives satisfactory evidence that any
person obliged
to
make payment under any such agreement has
defaulted in payment, the registrar
shall
issue an order of
impose
a class F suspension
with respect to that
of the offender's
driver's license, commercial
driver's license, temporary
instruction permit, probationary license, or
nonresident operating
privilege for the period of time specified in division
(B)(6) of
section 4510.02 of the Revised Code on the person as
provided in
section 4509.17 of the Revised Code. Such an order of suspension
remains in
effect until any of the following occurs:
(1) Security is deposited by the person to whom the
suspension
applies in such amount as the registrar may then
determine;
(2) The
registrar receives satisfactory evidence that the
entire obligation has been
paid or released;
(3) A period of two years has
elapsed following
the breach
of agreement and satisfactory evidence is filed with the registrar
that no action has been instituted on the agreement during that
period.
Sec. 4509.291. (A) When a nonresident's operating privilege
is suspended
pursuant to
section 4509.101, 4509.17, or 4509.24 of
the Revised Code for a violation of
any provision of sections
4509.01 to 4509.78, inclusive, of the
Revised Code, the
registrar
of motor vehicles shall transmit a certified copy of the
record of
such action to the
official in charge of the issuance of licenses
and registration certificates
in
the state in which such
nonresident resides, if the law of such other state
provides for
action in relation thereto similar to the provision set forth in
division (B) of this section.
(B) Upon receipt of a certification that the operating
privilege of a
resident
of this state has been suspended or
revoked in any other state pursuant to a
law providing for its
suspension or revocation for failure to deposit security
for the
payment of judgments arising out of a motor vehicle accident or
failure
to give proof of financial responsibility, under
circumstances which would
require the registrar to suspend a
nonresident's operating privilege had the
accident occurred in
this state, the registrar shall
suspend the
license
impose a class
F suspension of the person's driver's
license, commercial driver's
license, temporary instruction permit,
probationary license, or
nonresident operating privilege for the period of
time
specified
in division (B)(6) of section 4510.02 of the Revised Code on the
person and
all registrations of such resident. Such suspension
shall continue until such
resident furnishes evidence of
his
the
person's
compliance with the law of such
other state
relating to
the
deposit of such security or to the giving of proof of
financial
responsibility.
Sec. 4509.33. If a nonresident by final order or judgment
of
a court of record or mayor's court is convicted of, or
forfeits
bail or collateral deposited to secure an appearance for
trial
for, any offense
enumerated in section 4507.16 of the
Revised Code
for which the suspension of a license is provided, the
registrar
of motor vehicles shall
suspend or
revoke
impose a suspension of
the privilege of the nonresident to
operate a motor
vehicle for
the same period for which suspension
or revocation of
a license by
a court of record is authorized by
the applicable
section
4507.16
of
the Revised Code. The suspension
or revocation shall remain in
effect until the expiration of the period so ordered and
thereafter until the nonresident gives and thereafter maintains
proof of financial responsibility in accordance with section
4509.45 of the Revised Code.
The registrar shall also suspend the privilege of the use
in
this state of every motor vehicle owned by the nonresident,
except
that the registrar shall not suspend the privilege if the
owner
has given or immediately gives and thereafter maintains
proof of
financial responsibility with respect to all motor
vehicles owned
by the nonresident. The registrar shall restore
such privilege of
a nonresident owner when the owner gives and
thereafter maintains
proof of financial responsibility in
accordance with section
4509.45 of the Revised Code.
Sec. 4509.34. (A) The suspension
or revocation of a
license
referred to in
sections
section 4509.291
and
4509.31 of the
Revised Code shall remain in effect and the registrar of motor
vehicles shall not issue to any person whose license is so
suspended
or revoked any new or renewal license until permitted
under the motor vehicle laws, and not then until such person
gives
and thereafter maintains proof of financial responsibility
in
accordance with section 4509.45 of the Revised Code.
(B) The suspension of registration referred to in such
sections shall remain in effect and the registrar shall not
register or reregister in the name of any person whose
registration is so suspended as owner of any motor vehicle, nor
return or re-issue license plates for such vehicle, until such
person gives and thereafter maintains proof of financial
responsibility in accordance with section 4509.45 of the Revised
Code.
Sec. 4509.35. Whenever any person fails within thirty days
to satisfy a
judgment rendered within this state, upon the written
request of the judgment
creditor or
his
the judgment creditor's
attorney, the clerk of
the court which rendered the judgment,
or
the judge of the court or mayor of the mayor's court if the court
has no
clerk, immediately shall forward a certified copy of the
judgment to the
registrar of motor vehicles.
Whenever any nonresident has been convicted of
the offenses
enumerated in
section 4507.16
an offense for which the court is
required to impose a
license
suspension under any provision of the
Revised Code or has
forfeited bail given
to secure
his
the
nonresident's
appearance for trial upon a charge of any offense
enumerated in that
section
for which the court is required to
impose a license suspension
under any provision of the Revised
Code,
the clerk of every court of record and the mayor of every
mayor's court
immediately shall forward to the registrar a
certified copy or transcript of
the conviction or order forfeiture
of bail.
Sec. 4509.37. (A) The registrar of motor vehicles upon
receipt of a certified copy of a judgment, shall
forthwith
suspend
impose a class F suspension for the period of time
specified in
division (B)(6) of section 4510.02 of the Revised Code of the
license and registration and any nonresident's
operating privilege
of any person against whom such judgment was
rendered, except as
provided in sections 4509.01 to 4509.78 of
the Revised Code.
Such certified copy of a judgment shall include the last
known address, the social security number, if known, and the
operator's license number, of the judgment debtor.
(B) The registrar shall also impose the civil penalties
specified in division (A)(2) of section 4509.101 of the Revised
Code unless either of the following applies:
(1) The judgment debtor presents proof of financial
responsibility to the registrar proving that the judgment debtor
was covered, at the time of the motor vehicle accident out of
which the cause of action arose, by proof of financial
responsibility in compliance with section 4509.101 of the Revised
Code.
(2) The judgment debtor proves to the registrar that the
judgment debtor's registration and license have been previously
suspended under section 4509.101 of the Revised Code by reason of
the judgment debtor's failure to prove that the judgment debtor
was covered, at the time of the motor vehicle accident out of
which the cause of action arose, by proof of financial
responsibility.
Sec. 4509.40.
Any license, registration, and nonresident's
operating
privilege
suspended
The registrar of motor vehicles
shall impose a class
F suspension of the person's driver's
license, commercial driver's
license, temporary instruction
permit, probationary license, or nonresident
operating privilege
for the period of time specified in division
(B)(6) of
section
4510.02 of the Revised Code for nonpayment of a judgment
shall
remain so
suspended for a period
of seven years from the effective
date of suspension, and while such order
is
in force no license,
registration, or permit to operate a motor vehicle shall
be issued
in the name of such person, including any such person not
previously
licensed. The registrar shall vacate the order of
suspension upon proof that
such judgment is stayed, or satisfied
in full or to the extent provided in
section 4509.41 of the
Revised Code, subject to the exemptions stated in
sections
4509.37, 4509.38, 4509.39, and 4509.42 of the Revised Code, and
upon
such person's filing with the registrar of motor vehicles
evidence of
financial
responsibility in accordance with section
4509.45 of the Revised Code.
Sec. 4509.42. (A) A judgment debtor upon due notice to the
judgment creditor
may apply to the court in which the judgment was
rendered for the privilege of
paying the judgment in installments
and the court, in its discretion and
without prejudice to any
other legal remedies which the judgment creditor has,
may order
and fix the amounts and times of payment of the installments.
(B) The registrar of motor vehicles shall not suspend for
nonpayment of a
judgment, a license, registration, or
nonresident's operating privilege, and
shall restore the license,
registration, or nonresident's operating privilege
suspended for
nonpayment, when the judgment debtor gives proof of financial
responsibility and maintains it in accordance with section 4509.45
of the
Revised Code, and obtains an order permitting the payment
of the judgment in
installments, and while the payment of any
installment is not in default.
(C) If the judgment debtor fails to pay any installment as
specified by such
order, then upon notice of default the registrar
shall
forthwith
suspend
impose a class F suspension of the
license, registration, or nonresident's operating privilege of the
judgment
debtor until such judgment is satisfied
as specified in
division (B)(6) of section 4510.02 of the Revised Code.
Sec. 4509.45.
(A) Proof of financial responsibility when
required under section
4507.022, 4509.101,
4509.32, 4509.33,
4509.34, 4509.38, 4509.40, 4509.42,
or 4509.44,
or
4510.038 of the
Revised
Code may be given by filing any of the following:
(A)(1) A financial responsibility identification card as
provided in section
4509.104 of the Revised Code;
(B)(2) A certificate of insurance as provided in section
4509.46 or 4509.47 of the Revised Code;
(C)(3) A bond as provided in section 4509.59 of the Revised
Code;
(D)(4) A certificate of deposit of money or securities as
provided in section 4509.62 of the Revised Code;
(E)(5) A certificate of self-insurance, as provided in
section 4509.72 of the Revised Code, supplemented by an agreement
by the self-insurer that, with respect to accidents occurring
while the certificate is in force,
he
the self-insurer will pay
the same amounts
that an insurer would have been obligated to pay
under an owner's
motor vehicle liability policy if it had issued
such a policy to
the self-insurer.
Such proof
(B)
Proof under division (A) of this
section
shall
be filed and maintained for five years
from the date of
the
registrar's imposition of a class A,
B, or C
suspension of
operating privileges
by the
registrar of motor vehicles
and shall
be filed and maintained for three
years from the date of the
registrar's imposition of a class D,
E, or F suspension
of
operating privileges.
Sec. 4509.74.
(A) No person shall fail to report a motor
vehicle
accident as
required under the laws of this state.
(B)
Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4509.77.
(A) No person shall willfully fail to return
a
license or
registration as required in section 4509.69 of the
Revised Code.
(B)
Whoever violates this section shall be fined not more
than
five hundred dollars, imprisoned for not more than thirty
days, or both.
Sec. 4509.78.
(A) No person shall violate section 4509.01
to
4509.78, inclusive,
of the Revised Code for which no penalty is
otherwise provided.
(B)
Whoever violates this section shall be fined not more
than
five hundred dollars, imprisoned not more than ninety days,
or both.
Sec. 4509.79. (A) As used in this section, "ridesharing
arrangement" means the transportation of persons in a motor
vehicle where such transportation is incidental to another
purpose
of a volunteer driver and includes ridesharing
arrangements known
as carpools, vanpools, and buspools.
(B) Every owner registering as a passenger car a motor
vehicle designed and used for carrying more than nine but not
more
than fifteen passengers or registering a bus under division
(H)(8)
of section 4503.04 of the Revised Code shall have in
effect,
whenever the motor vehicle is used in a ridesharing
arrangement, a
policy of liability insurance with respect to the
motor vehicle in
amounts and coverage no less than:
(1) One hundred thousand dollars because of bodily injury
to
or death of one person in any one accident;
(2) Three hundred thousand dollars because of bodily
injury
to or death of two or more persons in any one accident;
(3) Fifty thousand dollars because of injury to property
of
others in any one accident.
(C)
Whoever violates this section shall be fined not more
than
five thousand dollars.
Sec. 4509.80. (A) Every owner registering a chauffeured
limousine shall furnish and maintain proof of financial
responsibility with respect to the limousine by filing with the
registrar of motor vehicles any of the following:
(1) A certificate of insurance as provided in section
4509.46 or 4509.47 of the Revised Code;
(2) A policy of liability insurance, a declaration page of
a
policy of liability insurance, or liability bond, if the policy
or
bond provides coverage in accordance with division (B) of this
section and otherwise complies with sections 4509.49 to 4509.61
of
the Revised Code, and if the policy or bond provides that such
policy or bond shall not be canceled or terminated prior to not
less than ten days after a written notice of cancellation or
termination is filed with the registrar;
(3) A bond or certification of the issuance of a bond if
the
bond provides coverage in the amount of three hundred
thousand
dollars and otherwise complies with section 4509.59 of
the Revised
Code;
(4) A certificate of deposit of money or securities if the
certificate of deposit provides coverage in the amount of three
hundred thousand dollars and otherwise complies with section
4509.62 of the Revised Code;
(5) A certificate of self-insurance as provided in section
4509.72 of the Revised Code.
(B) As used in this section and section 4509.81 of the
Revised Code, "proof of financial responsibility" means proof of
ability to respond in damages for liability, on account of
accidents occurring subsequent to the effective date of such
proof, arising out of the ownership, maintenance, or use of a
chauffeured limousine in the amount of one hundred thousand
dollars because of bodily injury to or death of one person in any
one accident, three hundred thousand dollars because of bodily
injury to or death of two or more persons in any one accident,
and
fifty thousand dollars because of injury to property of
others in
any one accident.
(C) Upon the request of a law enforcement officer, the
operator of any chauffeured limousine shall produce proof of
compliance with this section. The law enforcement officer
requesting such proof shall notify the registrar of any violation
of this section. The notice to the registrar shall be on a form
prescribed by the registrar and supplied by the registrar at the
registrar's expense, and shall include the license plate number
of
the chauffeured limousine and any other information the
registrar
requires.
(D) The owner, or
his
the owner's designee, shall provide
written
notice to the registrar of cancellation or termination of
the
coverage required by this section not less than ten days prior
to
the effective date of cancellation, and, on or before the
effective date of cancellation, shall voluntarily surrender the
livery license plate sticker for the vehicle or vehicles for
which
the cancellation is effective. If the livery license plate
sticker is timely and voluntarily surrendered, the registrar
shall, upon the filing of proof of financial responsibility as
required by this section, reinstate the livery registration of
the
vehicle and issue a current livery license plate sticker for
the
vehicle.
(E)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4509.81. (A) Upon receipt of a notification of
violation as provided in division (C) of section 4509.80 of the
Revised Code; upon failure of a timely surrender of the livery
license plate sticker as required by division (D) of section
4509.80 of the Revised Code; or if the registrar of motor
vehicles, upon receipt of notification from an insurer of the
imminent cancellation or termination of coverage required by
section 4509.80 of the Revised Code, fails to receive evidence of
a continuation or substitution of coverage prior to the
cancellation or termination date, the registrar shall order the
immediate suspension of the rights of the owner of the
chauffeured
limousine described in the notice to register the
limousine and
the impoundment of the certificate of registration
and
registration plates for the limousine. The registrar shall
notify
the owner that the owner must surrender the certificate of
registration and registration plates to the registrar. The
notification shall be in writing and sent to the owner at the
owner's
last known address as shown in the records of the bureau
of motor
vehicles. Proceedings under this section are deemed
special,
summary statutory proceedings.
(B) The order of suspension and impoundment of a
registration shall state the date on or before which the owner of
the chauffeured limousine involved is required to surrender the
certificate of registration and registration plates to the
registrar. The owner shall be deemed to have surrendered the
certificate of registration and registration plates if the owner
causes
the items to be delivered to the registrar on or before the
date
specified in the order or mails the items to the registrar in
an
envelope or container bearing a postmark showing a date no
later
than the date specified in the order.
(C) The registrar shall not restore any registration
rights
suspended under this section, return any certificate of
registration or registration plates impounded under this section,
or reissue
registration plates under section 4503.232 of the
Revised Code, if the
registrar destroyed the impounded
registration plates under that section,
unless those rights are
not subject to suspension
or revocation
under any other law and
unless the owner complies with both of
the following:
(1) Pays a financial responsibility reinstatement fee of
thirty dollars. The reinstatement fee may be increased, upon
approval of the controlling board, up to an amount not exceeding
fifty dollars.
(2) Files and maintains proof of financial responsibility
under section 4509.80 of the Revised Code.
(D) Any owner adversely affected by the order of the
registrar under this section may, within ten days after the
issuance of the order, request an administrative hearing before
the registrar, who shall provide the owner with an opportunity
for
a hearing in accordance with this division. A request for a
hearing does not operate as a suspension of the order unless the
owner establishes to the satisfaction of the registrar that the
operation of the owner's chauffeured limousine will be
covered by
proof
of financial responsibility during the pendency of the
appeal.
The scope of the hearing shall be limited to whether the
owner in
fact demonstrated to the registrar proof of financial
responsibility in accordance with section 4509.80 of the Revised
Code. The registrar shall determine the date, time, and place of
any hearing, provided that the hearing shall be held and an order
issued or findings made within thirty days after the registrar
receives a request for a hearing. If requested by the owner in
writing, the registrar may designate as the place of hearing the
county seat of the county in which the owner resides or a place
within fifty miles of the owner's residence. The owner shall pay
the cost of the hearing before the registrar, if the registrar's
order of suspension or impoundment is upheld.
(E) Any order of suspension or impoundment issued under
this
section may be terminated at any time if the registrar
determines
upon a showing of proof of financial responsibility
that the owner
of the limousine was in compliance with section
4509.80 of the
Revised Code at the time of the incident that
resulted in the
order against the owner. Such a determination
may be made without
a hearing.
(F) All fees collected under this section shall be paid
into
the state treasury to the credit of the financial
responsibility
compliance fund created by section 4509.101 of the
Revised Code.
(G) Chapter 119. of the Revised Code applies to this
section
only to the extent that any provision in that chapter is
not
clearly inconsistent with this section.
(H)(1) Proof of financial responsibility may be
demonstrated
by any of the methods authorized in section 4509.80
of the Revised
Code.
(2) Divisions (G)(4)(a) and (b) of section 4509.101 of the
Revised Code apply to any finding by the registrar under this
section that an owner is covered by proof of financial
responsibility.
Sec. 4510.01. As used in this title and in Title XXIX of
the
Revised Code:
(A) "Cancel" or "cancellation" means the annulment or
termination
by the bureau of motor vehicles of a driver's license,
commercial driver's
license, temporary instruction permit,
probationary
license, or nonresident operating privilege because
it was
obtained unlawfully, issued in error, altered, or willfully
destroyed, or because the holder no longer is entitled to the
license, permit, or privilege.
(B) "Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code.
(C) "Ignition interlock device" means a device approved by
the
director of public safety that connects a breath analyzer to a
motor vehicle's
ignition system, that is constantly available to
monitor the concentration by weight of alcohol in the breath of
any person attempting to start that motor vehicle by using its
ignition system, and that deters starting the motor vehicle by use
of its ignition system unless the person attempting to start the
vehicle provides an appropriate breath sample for the device and
the device determines that the concentration by weight of alcohol
in the person's breath is below a preset level.
(D) "Immobilizing or disabling device" means a device
approved by
the director of public safety that may be ordered by a
court to be
used by an offender as a condition of limited driving
privileges.
"Immobilizing or disabling device" includes an
ignition interlock device, and
any prototype device
that is used
according to protocols designed to ensure efficient
and effective
monitoring of limited driving privileges granted by
a court to an
offender.
(E) "Moving violation" means any violation of any statute or
ordinance that regulates the operation of vehicles, streetcars, or
trackless
trolleys on the highways or streets. "Moving
violation"
does not include a violation of section 4513.263 of the
Revised
Code or a substantially equivalent municipal
ordinance, a
violation of any statute or ordinance regulating pedestrians or
the parking of vehicles, vehicle size or load
limitations, vehicle
fitness requirements, or vehicle
registration.
(F) "Municipal OVI ordinance" and "municipal
OVI offense"
have the same meanings as in
section 4511.181 of the Revised Code.
(G) "Prototype device" means any testing device to monitor
limited driving privileges that has not yet been approved or
disapproved
by the director of public safety.
(H) "Suspend" or "suspension" means the permanent or
temporary
withdrawal, by action of a court or the bureau of motor
vehicles, of a
driver's
license, commercial driver's license,
temporary instruction
permit, probationary license, or nonresident
operating privilege
for the period of the suspension or the
permanent or temporary
withdrawal of the privilege to obtain a
license, permit, or
privilege of that type for the period of the
suspension.
Sec. 4510.02. (A) When a court elects or is required to
suspend
the driver's license, commercial driver's license,
temporary instruction
permit, probationary license,
or nonresident
operating privilege of any offender from a specified suspension
class, for each of the following
suspension classes, the court
shall impose a definite period of
suspension
from the range
specified for the suspension class:
(1) For a class one suspension, a definite period for the
life of the
person subject to the suspension;
(2) For a class two suspension, a definite period of three
years
to life;
(3) For a class three suspension, a definite period of two
to ten
years;
(4) For a class four suspension, a definite period of one to
five years;
(5) For a class five suspension, a definite period of six
months
to three years;
(6) For a class six suspension, a definite period of three
months to two years;
(7) For a class seven suspension, a definite period not to
exceed
one year.
(B) When the bureau of motor vehicles elects or is required
to
suspend the driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident
operating privilege of any person from a specified suspension
class, for each of the following
suspension
classes, the period of
suspension
shall be as follows:
(1) For a class A suspension, three years;
(2) For a class B suspension, two years;
(3) For a class C suspension, one year;
(4) For a class D suspension, six months;
(5) For a class E suspension, three months;
(6) For a class F suspension, until conditions are met.
(C) The court may require a person to successfully complete
a
remedial
driving course as a condition for the return of full
driving privileges
after a suspension period imposed from any
range in division (A) of
this section or otherwise imposed by
the
court pursuant to any other
provision of law ends.
(D) When a court or the bureau suspends the driver's
license,
commercial driver's license, temporary instruction
permit, probationary
license, or nonresident operating privilege
of any offender or person pursuant
to any provision of law that
does not provide for the suspension to be from a
class set forth
in division (A) or (B) of this section,
except as otherwise
provided in the provision that authorizes or requires the
suspension, the suspension shall be subject to and governed by
this chapter.
Sec. 4510.021. (A)(1) Unless expressly prohibited by
section
2919.22, section 4510.13, or any other section of
the
Revised
Code, a court may grant limited driving
privileges for any
purpose described in division (A)(1)(a), (b), or (c) of this section
during any
suspension imposed by the court. In granting the
privileges, the
court shall specify the purposes, times, and places of the
privileges and may impose any other reasonable conditions on the
person's
driving of a motor vehicle. The privileges shall be for
any of the following
limited purposes:
(a) Occupational,
educational,
vocational, or medical
purposes;
(b) Taking the driver's
or commercial driver's
license
examination;
(c) Attending
court-ordered treatment.
(B) Unless expressly authorized by a section of the
Revised
Code,
a court may not grant limited driving privileges during any
suspension imposed by the bureau of motor vehicles. To obtain
limited driving privileges during a suspension imposed by the
bureau, a petition may be filed in a court of record in the county
in which the person under suspension resides. A person who is
not
a resident of this state shall file any petition for privileges
in
the Franklin county municipal court, or, if the person is a minor,
in the Franklin county juvenile court. If a court grants limited
driving privileges as described in this division, the privileges
shall be for any of the limited purposes identified in division
(A) of this section.
(C) When the use of an immobilizing or disabling device is
not
otherwise required by law, the court, as a condition of
granting
limited driving privileges, may require that the person's
vehicle be equipped with an immobilizing or disabling device,
except as provided in
division (C) of section 4510.43 of the
Revised
Code. When the use
of restricted license plates issued
under section 4503.231 of the Revised Code is not
otherwise
required by law, the
court, as a condition of granting limited
driving privileges, may require that
the person's vehicle be
equipped with
restricted license
plates of that nature, except as
provided in
division (B) of that section.
(D) When the court grants limited
driving privileges under
section 4510.31 of the Revised Code or
any other provision of law
during the suspension of the temporary
instruction permit or
probationary driver's license of a person
who is under eighteen
years of age, the court may include as a
purpose of the privilege
the person's practicing of driving with
the person's parent,
guardian, or other custodian during the
period of the suspension.
If the court grants limited driving
privileges for this purpose,
the court, in addition to all other
conditions it imposes, shall
impose as a condition that the person
exercise the privilege only
when a parent, guardian, or custodian
of the person who holds a
current valid driver's or commercial
driver's license issued by
this state actually occupies the seat
beside the person in the
vehicle the person is operating.
(E) Before granting limited driving privileges under this
section, the court
shall require the offender to provide proof of
financial responsibility
pursuant to section 4509.45 of the
Revised Code.
Sec. 4510.03. (A) Every county court judge, mayor of a
mayor's
court, and clerk of a court of record shall keep a full
record of every case
in which a person is
charged with any
violation of any provision of sections 4511.01 to 4511.771 or
4513.01 to 4513.36 of the Revised Code or of
any
other law or
ordinance regulating the operation of vehicles, streetcars,
and
trackless trolleys on highways or streets.
(B) If a person is convicted of
or forfeits bail in relation
to a
violation of any section listed in division (A) of this
section or
a violation of any other law or ordinance regulating
the operation of
vehicles, streetcars, and
trackless trolleys on
highways or streets, the county court judge,
mayor of a mayor's
court, or clerk, within ten days after the
conviction or bail
forfeiture, shall prepare and immediately
forward to the bureau of
motor vehicles an abstract, certified by
the preparer to be true
and correct, of the court record covering
the case in which the
person was convicted or forfeited bail.
Every court of record
also shall forward to the bureau of motor
vehicles an abstract of
the court record as described in division
(C) of this section upon
the conviction of any person
of
aggravated vehicular homicide or
vehicular homicide or of a felony in the
commission of which a
vehicle was used.
(C) Each abstract required by this section shall be made
upon a
form approved and furnished by the bureau and shall include
the name and
address of the person charged, the number of the
person's driver's or commercial driver's license, probationary
driver's
license, or temporary instruction permit, the
registration
number of the vehicle involved, the nature of the
offense, the
date of the offense, the date of hearing, the plea,
the judgment,
or whether bail was forfeited, and the amount of the
fine or
forfeiture.
Sec. 4510.031. (A) A United States district
court that
has
jurisdiction within this state may utilize the provisions of
section
4510.03 of the Revised Code in regard to any case in which
a person is charged with any violation of any provision of
sections 4511.01 to
4511.771 or 4513.01 to 4513.36 of the
Revised
Code or of
any other law or ordinance regulating the
operation of
vehicles, streetcars,
and trackless trolleys on
highways or
streets
located on federal property within this state.
The court
also may
forward to the bureau an abstract upon the
conviction of
any
person of aggravated vehicular homicide or
vehicular homicide
or
of a felony in the commission of which a
vehicle was used.
(B) If a United States district court acts
under this
section, it
shall follow the procedures established in section
4510.03 of the
Revised Code.
(C) The bureau of motor vehicles shall accept and process an
abstract received from a United States district court under
this
section in the same
manner as it accepts and processes an abstract
received from a
county court judge, mayor of a mayor's court, or
clerk of a court of
record.
Sec. 4510.032. (A) If a person is charged with a
violation
of
section 4511.19 of the Revised Code or a violation of
any
municipal OVI ordinance; if that
charge is
dismissed or
reduced;
if the person is convicted of or forfeits
bail in
relation to a
violation of any other section of the
Revised Code
or of any
ordinance
that regulates the operation of vehicles,
streetcars,
and trackless trolleys
on highways and
streets but
that does not
relate to operating a vehicle while under the
influence of
alcohol, a
drug of abuse, or a combination of them or
to operating
a
vehicle with a prohibited concentration of alcohol
in the whole
blood, blood
serum or plasma,
breath, or urine; and
if the
violation of which the person was
convicted or in relation
to
which the person forfeited bail
arose
out of the same facts and
circumstances and the same act as did
the charge that was
dismissed or reduced, the abstract prepared
under section 4510.03
of the Revised Code also shall set
forth the
charge that was
dismissed or reduced, indicate that it was dismissed or
reduced,
and indicate that the violation resulting in the
conviction or
bail forfeiture arose out of the same facts and
circumstances and
the same act as did the charge that was
dismissed or reduced.
(B) If a charge against a person of a violation of division
(A)
of section 4510.11, division (A) of section 4510.14, or
division
(A) of section 4510.16 of the Revised Code or any
municipal ordinance that is substantially equivalent to any of
those divisions
is dismissed or reduced and if the person is
convicted of
or forfeits bail in
relation to a violation of any
other section of the Revised
Code
or any other ordinance that
regulates the operation of vehicles,
streetcars, and trackless
trolleys on highways and streets that
arose out of the same facts
and circumstances as did the charge
that was dismissed or reduced,
the abstract also shall set forth
the charge that was dismissed or
reduced, indicate that it was
dismissed or reduced, and indicate
that the violation resulting in
the conviction or bail forfeiture
arose out of the same facts
and
circumstances and the same act as
did the charge that was
dismissed or reduced.
(C)(1) If a child has been adjudicated an unruly or
delinquent
child or a juvenile traffic offender for having
committed any act that if
committed by an adult would be a drug
abuse offense
or any
violation of division (B) of section 2917.11
or of section 4511.19
of the Revised Code, the court shall notify
the bureau, by
means
of an abstract of the court record as
described in divisions (B)
and (C) of section 4510.03 of the
Revised Code,
within ten days
after the adjudication.
(2) If a court requires a child to attend a drug abuse or
alcohol
abuse education, intervention, or treatment program, the
abstract
required by division (C)(1) of this section and forwarded
to the
bureau also shall include the name and address of the
operator of the program
and the date that the child entered the
program. If the child satisfactorily completes the program, the
court, immediately upon receipt of the information, shall send to
the bureau an updated abstract that also shall contain the date on
which the child satisfactorily completed the program.
Sec. 4510.034. (A) Division (B) of this section applies
in
relation to persons who are convicted of or plead guilty to
any
of
the following:
(1) A violation of division (A) of section 4510.11,
division
(A)
of
section 4510.14, or division (A) of section
4510.16 of the
Revised
Code;
(2) A violation of a municipal ordinance substantially
equivalent to any
division set forth in division (A)(1) of this
section;
(3) A violation of division (A) of section 4511.19 of the
Revised
Code or a violation of section
4511.203 of
the Revised
Code;
(4) A violation of a municipal OVI ordinance.
(B) If a person is convicted of or pleads guilty to any
violation
set forth in division (A) of this section and if
division (D) of
section 4503.234 of the Revised Code prohibits the
registrar
of
motor vehicles and all deputy registrars from
accepting an application for the
registration of, or registering,
any motor vehicle in
the name of that person, the abstract
prepared pursuant to section
4510.03, 4510.031, or 4510.032 of the
Revised Code shall
specifically set forth
these facts and clearly
indicate the date on which the order of
criminal forfeiture was
issued or would have been issued but for
the operation of section
4503.234 of the Revised Code. If
the
registrar receives an
abstract containing this information relating to a
person, the
registrar, in accordance with sections 4503.12
and 4503.234 of the
Revised Code, shall take all necessary
measures to prevent the
registrar's office or any deputy registrar from
accepting from the
person, for the period of time ending
five years after the date on
which the order was issued or would
have been issued and as
described in section 4503.234 of the
Revised Code, any new
application
for the registration of any motor vehicle in the name
of the
person.
Sec. 4510.035. The purposeful failure or refusal of any
person
to comply with any provision of section 4510.03, 4510.032,
4510.034,
4510.036, or
4510.037 of the Revised Code constitutes
misconduct in
office and
is a ground for removal of the person
from the office.
Sec. 4510.036. (A) The bureau of motor vehicles shall
record
within ten days, after receipt, and shall keep at its main
office, all
abstracts received under this section
or section
4510.03, 4510.031, 4510.032, or 4510.034 of the
Revised Code
and
shall maintain records of convictions and bond
forfeitures for any
violation of a state law or a municipal
ordinance regulating the
operation of vehicles, streetcars, and trackless
trolleys on
highways and
streets, except a violation related to parking a
motor vehicle.
(B) Every court of record or mayor's court before which a
person
is charged with a violation for which points are chargeable
by this section
shall assess and transcribe to the abstract of
conviction that is furnished by the bureau
to the court
the number
of points
chargeable by this section in
the correct space assigned
on the
reporting form. A United States
district court that has
jurisdiction
within this state and
before
which a person is
charged with a violation
for which points
are
chargeable by this
section may
assess and transcribe to the
abstract of conviction
report that is
furnished by the bureau the
number of points
chargeable by this
section in the correct space
assigned on the
reporting form. If
the federal court so assesses
and transcribes
the points
chargeable for the offense and
furnishes the report to
the bureau, the bureau
shall record the
points in the same manner
as those assessed and transcribed by a
court of record or
mayor's
court.
(C) A court shall assess the following points for an
offense
based on the following formula:
(1) Aggravated vehicular homicide, vehicular homicide,
vehicular
manslaughter, aggravated vehicular assault, or vehicular
assault when
the offense involves the operation of a vehicle,
streetcar, or trackless
trolley on a highway or street ..........
6
points
(2) A violation of section 2921.331 of the Revised Code
or
any
ordinance prohibiting the willful fleeing or eluding of a law
enforcement
officer .......... 6 points
(3) A violation of section 4549.02 or 4549.021 of the
Revised
Code
or any ordinance requiring the driver of a vehicle to
stop and disclose
identity at the scene of an accident ..........
6
points
(4) A violation of section 4511.251 of the Revised Code
or
any
ordinance prohibiting street racing .......... 6 points
(5) A violation of section 4510.11, 4510.14, 4510.16, or
4510.21 of
the
Revised
Code or any ordinance prohibiting the
operation of a
motor vehicle
while the driver's or commercial
driver's license is
under
suspension .......... 6 points
(6) A violation of division (A) of section 4511.19 of the
Revised
Code, any ordinance prohibiting the operation of a vehicle
while
under the influence of alcohol, a drug of abuse, or a
combination of them, or
any ordinance
substantially equivalent to
division (A) of section 4511.19 of the
Revised Code prohibiting
the operation of a vehicle with a
prohibited concentration of
alcohol in the whole blood, blood serum or plasma,
breath, or
urine .......... 6 points
(7) A violation of section 2913.03 of the Revised Code that
does not
involve an aircraft or motorboat or any ordinance
prohibiting the
operation of a vehicle without the consent of the
owner .......... 6 points
(8) Any offense under the motor vehicle laws of this state
that is a
felony, or any other felony in the commission of which a
motor vehicle
was used .......... 6 points
(9) A violation of division (B) of section 4511.19 of the
Revised
Code or any ordinance substantially equivalent to that
division
prohibiting the operation of a vehicle with a prohibited
concentration of
alcohol in the whole
blood, blood serum or
plasma, breath, or
urine .......... 4 points
(10) A violation of section 4511.20 of the Revised Code
or
any
ordinance prohibiting the operation of a motor vehicle in
willful or
wanton disregard of the safety of persons or property
.......... 4 points
(11) A violation of any law or ordinance pertaining to
speed:
(a) Notwithstanding divisions (C)(11)(b)
and (c) of this
section,
when the speed exceeds the lawful speed limit by thirty
miles per
hour or more .......... 4 points
(b) When the speed exceeds the lawful speed limit of
fifty-five
miles per hour or more by more than ten miles per hour
.......... 2 points
(c) When the speed exceeds the lawful speed limit of less
than
fifty-five miles per hour by more than five miles per hour
.......... 2 points
(d) When the speed does not exceed the amounts set forth in
divisions (C)(11)(a), (b), or (c) of
this section .......... 0
points
(12) Operating a motor vehicle in violation of a restriction
imposed by the registrar .......... 2 points
(13) All other moving violations reported under this
section
.......... 2 points
(D) Upon receiving notification from the proper court,
including
a United States district court that has jurisdiction
within this
state, the bureau shall delete any points entered for
a bond forfeiture if the
driver is acquitted of the offense for
which
bond was posted.
(E) If a person is convicted of or forfeits bail for
two or
more offenses arising
out of the same facts and points are
chargeable for each of the offenses,
points shall be charged
for
only the conviction or bond forfeiture for which the
greater
number of points is chargeable, and, if the number of points
chargeable for each offense is equal, only one offense shall be
recorded, and points shall be charged only for that offense.
Sec. 4510.037. (A) When the registrar of motor vehicles
determines that the total points charged against any person under
section
4510.036 of the Revised Code exceed five, the registrar
shall send a warning letter to the person at the person's last
known address by regular mail. The warning letter shall list the
reported violations that are the basis of the points charged, list
the number of points charged for each violation, and outline the
suspension provisions of this section.
(B) When the registrar determines that the total points
charged
against any person under section 4510.036 of the Revised
Code
within any two-year period beginning on the date of the first
conviction within the two-year period is equal to twelve or more,
the registrar shall send a written notice to the person at the
person's last known address by regular mail. The notice shall
list the reported violations that are the basis of the points
charged, list the number of points charged for each violation, and
state that, because the total number of points charged against the
person within the applicable two-year period is equal to twelve or
more, the registrar is imposing a class D suspension of
the
person's driver's or commercial driver's license or permit or
nonresident
operating privileges
for the period of time specified
in division (B)(4) of section
4510.02 of the Revised Code. The
notice also shall state
that the
suspension is effective on the
twentieth day after the mailing of the notice,
unless the person
files a petition appealing the determination and suspension in the
municipal
court, county court, or, if the
person is under the age
of
eighteen, the juvenile division of the
court of common pleas in
whose jurisdiction the person resides or,
if the person is not a
resident of this state, in the Franklin
county municipal court or
juvenile division of the Franklin county
court of common pleas.
By filing the appeal of the determination and suspension, the
person agrees to
pay the cost of the proceedings in the appeal of
the determination and suspension and alleges that
the person
can
show cause why the person's driver's or commercial driver's
license or permit or
nonresident operating privileges should not
be suspended.
(C) Any person against whom more than five but less than
twelve
points have been charged under section 4510.036 of the
Revised
Code, for the purpose of obtaining a credit of two points
against the
total points charged against
the person under that
section, may enroll in a course of remedial driving
instruction
that is approved by the director of public
safety. The person may
enroll only one time in a course of
remedial driving instruction
for that purpose. Upon the person's
completion of an approved
course of remedial driving instruction,
the registrar shall deduct
two points from the total number of
points charged against the
person under section 4510.036 of the
Revised Code. The registrar
shall not deduct any points for a person who completes an approved
course of
remedial driving
instruction pursuant to a judge's order
under section 4510.02 of the
Revised Code.
(D) When a judge of a court of record suspends a person's
driver's or commercial driver's license or permit or nonresident
operating
privilege and charges points against the person under
section 4510.036 of the Revised Code for the offense that
resulted
in the suspension, the registrar shall credit that period of
suspension against the time of any subsequent suspension imposed
under this section for which those points were used to impose the
subsequent suspension. When a United States district court
that
has
jurisdiction within this state suspends a person's driver's or
commercial
driver's license or permit or nonresident operating
privileges pursuant to the "Assimilative Crimes
Act," 102 Stat.
4381 (1988), 18 U.S.C.A. 13, as amended, the district court
prepares an abstract pursuant to section 4510.031 of the Revised
Code, and the district court charges
points against the person
under section 4510.036 of the
Revised Code for the offense that
resulted in the suspension, the registrar shall credit the period
of
suspension imposed by the
district court against the time of
any subsequent suspension imposed under
this section for which
the
points were used to impose the subsequent suspension.
(E) The registrar, upon the written request of a licensee
who
files a petition under division (B) of this section, shall
furnish
the licensee a certified copy of the registrar's record of
the convictions and
bond forfeitures of
the person. This record
shall include the name, address, and date of birth of
the
licensee; the
name of the court in which each conviction or bail
forfeiture took
place; the nature of the offense that was the
basis of the
conviction or bond forfeiture; and any other
information that the
registrar considers necessary. If the record
indicates that
twelve points or more have been charged against the
person within
a two-year period, it is prima-facie evidence that
the person is a
repeat traffic offender, and the registrar shall
suspend the
person's driver's or commercial driver's license or
permit or
nonresident operating privilege pursuant to division (B)
of this
section.
In hearing the petition and determining whether the person
filing
the petition has shown cause why the person's driver's or
commercial
driver's license or permit or nonresident operating
privilege should not
be suspended, the court shall decide the
issue on the record
certified by the registrar and any additional
relevant, competent,
and material evidence that either the
registrar or the person
whose license is sought to be suspended
submits.
(F) If a petition is filed under division (B) of this
section in
a county court, the prosecuting attorney of the county
in which the case is
pending shall represent the registrar in the
proceedings, except that, if the
petitioner resides in a municipal
corporation within the
jurisdiction of the county court, the city
director of law,
village solicitor, or other chief legal officer
of the municipal
corporation shall represent the registrar in the
proceedings. If
a petition is filed under division (B) of this
section in a
municipal court, the registrar shall be represented
in the resulting
proceedings as provided in
section 1901.34 of the
Revised Code.
(G) If the court determines from the evidence submitted that
a
person who filed a petition under division (B) of this section
has
failed to show cause why the person's driver's or commercial
driver's license
or permit or
nonresident operating privileges
should not be suspended, the court shall
assess against the person
the cost of the proceedings in the appeal of the determination
and suspension and shall impose the
applicable suspension under
this section or suspend all or a
portion of the suspension and
impose any conditions or probation
upon the person that the court
considers proper. If the court
determines from the evidence
submitted that a person who filed a
petition under division (B) of
this section has shown cause why
the person's driver's or
commercial driver's license or permit or
nonresident
operating
privileges
should not be suspended, the
costs of the appeal
proceeding shall be paid out
of the county
treasury of the county
in which the proceedings were held.
(H) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privileges are suspended under
this section is
not entitled to apply for or receive a new
driver's or commercial driver's license or permit or to request or
be granted nonresident operating privileges during the effective
period of the suspension.
(I) Upon the termination of any suspension or other penalty
imposed under this section involving the surrender of license or
permit and
upon the request of the person whose license or
permit
was suspended or surrendered, the registrar shall return
the
license or permit to the person upon determining that the
person
has complied with all provisions of section 4510.038 of the
Revised Code or, if the registrar destroyed the license or
permit
pursuant to section 4510.52 of the Revised Code, shall
reissue the
person's license or permit.
(J) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privileges are suspended as a
repeat traffic
offender under this section and who, during the
suspension, operates any motor vehicle upon any public roads
and
highways is guilty of a misdemeanor of the first degree, and
the
court shall sentence the offender to a minimum term of three
days
in jail. No court shall suspend the first three days of jail
time
imposed pursuant to this division.
(K) The registrar, in accordance with specific statutory
authority, may suspend the privilege of driving a motor vehicle on
the public
roads and highways of this state that is granted
to
nonresidents by section 4507.04 of the Revised Code.
Sec. 4507.022
4510.038. Any person whose driver's or
commercial driver's license or
permit is suspended, or who is
put
on probation or granted
limited
or
occupational driving
privileges, under section
4507.021 or
division (E)
of
section
4507.16
4510.037,
under division (H)
of section 4511.19, or under
section 4510.07 of the Revised
Code for a violation of a municipal
ordinance that is substantially
equivalent to division (B) of
section
4511.19 of the
Revised Code, is not eligible to
retain the
person's license, or to have the
person's driving
privileges
reinstated, until each of the following has occurred:
(A) The person successfully completes a course of remedial
driving
instruction
approved by the director of public safety,
provided the person
commences taking the course after the person's
driver's or commercial driver's
license or permit is suspended
under section 4507.021 or division (E)
of section 4507.16 of the
Revised Code. A minimum of twenty-five per cent
of the number of
hours of instruction included in the course shall be devoted
to
instruction on driver attitude.
The course also shall devote a number of hours to instruction
in the area of
alcohol and drugs and the operation of
motor
vehicles. The instruction
shall
include, but not be limited to, a
review of the laws governing the operation
of a
motor vehicle
while under the influence of alcohol, drugs, or
both
a combination
of them, the
dangers of operating a
motor vehicle while under the
influence of
alcohol,
drugs, or
both
a combination of them, and
other information relating to the operation of
motor vehicles and
the
consumption of alcoholic beverages and use of drugs. The
director, in
consultation with the director of alcohol and drug
addiction
services, shall prescribe the content of the
instruction. The number of hours
devoted to the area of alcohol
and drugs and the operation of
motor
vehicles
shall comprise a
minimum of twenty-five per cent of the number of hours of
instruction included in the course.
(B) The person is examined in the manner provided for in
section
4507.20 of the
Revised Code, and found by the registrar of
motor vehicles to be qualified to
operate a motor vehicle;
(C) The person gives and maintains proof of financial
responsibility, in accordance
with section 4509.45 of the Revised
Code.
Sec. 4510.04. It is an affirmative defense to any
prosecution
brought under section 4510.11, 4510.14, 4510.16, or
4510.21 of the Revised Code or under any
substantially
equivalent
municipal ordinance that the alleged offender drove
under
suspension, without a valid permit or driver's or commercial
driver's
license, or in violation of a
restriction because of a
substantial emergency, and because no
other person was reasonably
available to drive in response to the
emergency.
It is an affirmative defense to any prosecution brought under
section
4510.16 of the Revised Code that the order of suspension
resulted from the failure of the alleged offender to respond to a
financial
responsibility random verification request under
division
(A)(3)(c) of section 4509.101 of the Revised
Code and
that,
at the time of the
initial financial responsibility random
verification request, the alleged
offender was in compliance with
division (A)(1) of section 4509.101
of
the Revised Code as shown
by proof of financial
responsibility that was in effect at the
time of that request.
Sec. 4507.1611
4510.05. Except as
may otherwise
be
provided
in
section 4510.07 or in any other provision of
the Revised
Code,
whenever an offender is
convicted of or pleads guilty to a
violation of a municipal
ordinance that is substantially similar
to a provision of the
Revised
Code, and a court is permitted
or
required to suspend
or revoke a person's driver's or
commercial
driver's license or permit for a violation of that
provision, a
court, in addition to any other penalties
it is
authorized by law
to impose upon the offender, may suspend the
offender's driver's
or commercial driver's license or permit
or nonresident
operating
privileges for
the period of time the court determines
appropriate,
or may
revoke the license or permit, but
in no case
shall the period of
suspension
imposed
for the violation of the
municipal ordinance
shall not exceed the
period
of suspension that
is permitted or required to be imposed for
the violation of the
provision of the
Revised
Code to which the municipal
ordinance is
substantially similar.
Sec. 4507.1610
4510.06. If a United States district court
whose
jurisdiction lies within this state suspends, revokes,
or
cancels, or forfeits
the driver's or commercial driver's license
or, permit,
or nonresident operating privileges of any person
pursuant
to the "Assimilative Crimes Act," 102
Stat. 4381 (1988),
18 U.S.C.A.
13, as amended, that suspension, revocation,
or
cancellation,
or
forfeiture is deemed to
operate in the same
manner and to have
the same effect throughout this state as if it
were imposed
under the laws of this state
by a judge of a court of
record of
this state. In
such a
that type of case, if the United
States district
court observes the procedures prescribed by the
Revised Code
and utilizes the forms prescribed by the registrar of
motor vehicles, the
bureau of motor vehicles shall make the
appropriate notation or record and
shall take any other action
that is prescribed or permitted by the
Revised
Code.
Sec. 4507.1613
4510.07. The court imposing a sentence upon
an
offender for any
violation of a municipal ordinance
that is
substantially equivalent to
a violation of
section 2903.06
or
2907.24
of the Revised Code
or for any violation of a municipal
OVI
ordinance also shall impose a
suspension
of the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege
from the range specified in division (B) of section
4510.02
of the Revised Code that is equivalent in length to the
suspension
required for a violation of section 2903.06
or 2907.24
or division
(A) or (B) of section
4511.19 of the Revised
Code
under similar circumstances.
Sec. 4510.10. (A) As used in this section,
"reinstatement
fees"
means the fees that are required under
section 4507.1612,
4507.45,
4509.101, 4509.81, 4511.191, 4511.951,
or any other
provision of the Revised Code, or under a schedule
established by
the bureau of motor vehicles, in order to reinstate
a driver's or
commercial driver's license or permit or nonresident
operating
privilege of an offender under a suspension.
(B) When a municipal court or county court determines in a
pending case involving an offender that the offender cannot
reasonably pay
reinstatement fees due and owing by the offender
relative to a suspension that has been or that will be imposed in
the case, then the court, by order, may undertake either of the
following, in order of preference:
(1) Establish a reasonable payment plan of not less than
fifty
dollars per month, to be paid by the offender to the bureau
of motor
vehicles in all succeeding months until all reinstatement
fees required
of the offender are paid in full;
(2) If the offender, but for the payment of the
reinstatement
fees, otherwise would be entitled to operate a
vehicle in this state or
to obtain reinstatement of the offender's
operating privileges,
permit the offender to operate a motor
vehicle, as authorized by
the court, until a future date upon
which date all reinstatement fees
must be paid in full. A payment
extension granted under this
division shall not exceed one hundred
eighty days, and any
operating privileges granted under this
division shall be solely
for the purpose of permitting the
offender occupational or "family
necessity" privileges in order to
enable the offender to
reasonably acquire the delinquent
reinstatement fees due and
owing.
(C) If a municipal court or county court, by order,
undertakes
either activity described in division (B)(1) or (2) of
this
section, the court, at any time after the issuance of the
order, may determine
that a change of
circumstances has occurred
and may amend the order as justice requires,
provided that the
amended
order also shall be an order that is permitted under
division
(B)(1) or (2) of this section.
(D) If a court enters an order of the type described in
division
(B)(1), (B)(2), or (C) of this
section, during the
pendency of the order, the offender in relation to whom it
applies
is not subject to prosecution for failing to
pay the reinstatement
fees covered by the order.
Sec. 4510.11. (A) No person whose driver's or
commercial
driver's license or permit or nonresident operating
privilege has
been
suspended under any provision of
the Revised
Code, other than
Chapter 4509. of the
Revised
Code, or under any
applicable law
in
any other jurisdiction in which the person's
license or permit
was
issued shall operate any motor vehicle upon
the public roads and
highways
or upon any public or private
property used by the public
for purposes of vehicular travel or
parking within this state
during the period of suspension unless
the person is granted
limited driving privileges and is operating
the vehicle in
accordance with the terms of the limited driving
privileges.
(B) No person shall operate any motor vehicle upon a highway
or
any
public or private property used by the public for purposes
of
vehicular travel or
parking in this state in violation of any
restriction of the person's
driver's or commercial driver's
license or permit imposed under
division (D) of section 4506.10 or
under section 4507.14 of the Revised Code.
(C)(1) Whoever violates this section is guilty of driving
under
suspension or in violation of a license restriction, a
misdemeanor of the
first degree. The court shall impose upon
the
offender a class seven suspension of the offender's driver's
license,
commercial driver's license, temporary instruction
permit, probationary
license, or nonresident operating
privilege
from the range specified in division (A)(7) of
section 4510.02 of
the Revised Code.
(2) Except as provided in division (C)(3) or (4) of this
section,
the court, in addition to any other penalty that it
imposes
on the offender and if the vehicle is registered in the
offender's name, shall
order the immobilization of the
vehicle
involved in the offense for thirty days in accordance with section
4503.233 of the Revised Code and the impoundment of that
vehicle's
license
plates for thirty days.
(3) If the offender previously has been convicted of or
pleaded guilty to
one
violation of this section or of a
substantially similar municipal
ordinance, the court, in addition
to any other sentence that it imposes
on the offender and if the
vehicle is registered in the offender's name, shall
order the
immobilization of the
vehicle involved in the offense for sixty
days in accordance with section 4503.233 of the Revised Code and
the impoundment of that
vehicle's license
plates for sixty
days.
(4) If the offender previously has been convicted of or
pleaded guilty to
two or
more violations of this section or of a
substantially similar municipal
ordinance, the court, in addition
to any other sentence that it
imposes on the offender and if the
vehicle is registered in the offender's
name, shall order the
criminal forfeiture of the
vehicle involved in the offense to the
state.
(D) Any order for immobilization and impoundment under this
section shall be issued and enforced under section 4503.233 of
the
Revised Code. The court shall not release a
vehicle from
immobilization ordered under this section unless the court is
presented with
current proof of financial responsibility with
respect to that vehicle.
(E) Any order of criminal forfeiture under this section
shall be
issued and enforced under section 4503.234 of the Revised
Code. Upon receipt of the
copy of the order from the court,
neither the registrar of motor vehicles nor
a deputy registrar
shall accept
any application for the registration or transfer of
registration
of any motor vehicle owned or leased by the person
named in the
declaration of forfeiture. The period of
registration denial
shall be five years after the date of the
order, unless, during
that period, the court having jurisdiction
of the offense that led
to the order terminates the forfeiture and
notifies the registrar
of the termination. The registrar then
shall take necessary
measures to permit the person to register a
vehicle owned or
leased by the person or to transfer registration
of the vehicle.
Sec. 4510.12. (A)(1) No person, except those expressly
exempted
under sections 4507.03, 4507.04, and 4507.05 of the
Revised
Code,
shall operate any motor vehicle upon a public road
or highway or any public or
private property used by the public
for purposes of vehicular travel
or parking in this state unless
the person has a valid driver's license
issued under Chapter 4507.
of the Revised Code or a
commercial driver's license issued under
Chapter 4506. of the
Revised Code.
(2) No person, except a person expressly exempted under
sections
4507.03, 4507.04, and 4507.05 of the Revised Code, shall
operate
any motorcycle upon a public road or highway or any public
or private property
used by the public for purposes of vehicular
travel or parking in
this state unless the person has a valid
license as a motorcycle
operator that was issued upon application
by the registrar of motor vehicles
under Chapter 4507. of the
Revised Code. The license shall be in the form of an
endorsement,
as determined by the registrar, upon a driver's or commercial
driver's license, if the person has a valid license to operate a
motor vehicle or commercial motor vehicle, or in the form of a
restricted license as provided in section 4507.14 of the Revised
Code, if the person does not have a valid license to operate a
motor
vehicle or commercial motor
vehicle.
(B) Whoever violates this section is guilty of operating a
motor
vehicle without a valid license and shall be punished as
follows:
(1) If the offender's driver's or commercial driver's
license or permit
was
expired at the time of the offense for no
more than six months, subject to
divisions (B)(3) to (5) of this
section, the offense is
a minor
misdemeanor.
(2) If the offender's driver's or commercial driver's
license or permit
was expired at the time of the offense for more
than six
months, subject to divisions (B)(3) to (5) of this
section, the
offense is a misdemeanor of the fourth degree.
(3) If the offender previously was convicted of or pleaded
guilty to one
violation
of this section or a substantially
equivalent municipal ordinance within the
past three years, the
offense is a
misdemeanor of the third degree.
(4) If the offender previously was convicted of or pleaded
guilty to two
violations
of this section or a substantially
equivalent municipal ordinance within the
past three years, the
offense is a
misdemeanor of the second degree.
(5) If the offender previously was convicted of or pleaded
guilty to three
or more
violations of this section or a
substantially equivalent municipal ordinance
within the past three
years, the offense is a
misdemeanor of the first degree.
(C) The court shall not impose a license suspension for a
first
violation of this section
or if more than three years have
passed since the offender's last violation of
this section or a
substantially equivalent municipal ordinance.
(D) If the offender was convicted of or pleaded guilty to
one or
more violations of
this section or a substantially
equivalent municipal ordinance within the past
three years, and if
the offender's license was
expired for more than six months at the
time of the offense, the court shall
impose a class seven
suspension of the offender's driver license, commercial
driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in
division
(A)(7) of section 4510.02 of the Revised
Code.
Sec. 4510.13. (A)(1) Divisions (A)(2) to (7) of this
section apply to a judge or mayor
regarding the suspension of, or
the grant of limited driving privileges
during, a suspension of an
offender's driver's or
commercial driver's license or permit or
nonresident operating
privilege imposed under division (G) or (H)
of section
4511.19 of the Revised Code, under division (B)
or (C)
of section 4511.191 of the Revised Code, or under section
4510.07
of the Revised Code for a conviction of a violation of a
municipal
OVI ordinance.
(2) No judge or mayor shall suspend the following portions
of the
suspension of an offender's driver's or commercial driver's
license or
permit or nonresident operating privilege imposed under
division
(G) or (H) of section
4511.19 of the Revised Code or
under section 4510.07 of the Revised Code for a conviction of
a
violation of a municipal OVI ordinance, provided that division
(A)(2) of this section does not limit a court or
mayor in
crediting any period of suspension imposed pursuant to division
(B) or (C) of section 4511.191 of the Revised Code against
any
time of judicial suspension imposed pursuant to section 4511.19 or
4510.07 of the Revised Code, as described in divisions
(B)(2) and
(C)(2) of section
4511.191 of the Revised Code:
(a) The first six months of a suspension imposed under
division
(G)(1)(a) of section 4511.19 of the Revised Code
or of a
comparable length suspension imposed under section 4510.07 of the
Revised Code;
(b) The first year of a suspension imposed under division
(G)(1)(b) or (c) of
section 4511.19 of the Revised Code or of a
comparable
length
suspension imposed under section 4510.07 of the
Revised
Code;
(c) The first three years of a suspension imposed under
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code
or of a
comparable length suspension imposed under section 4510.07
of the Revised Code;
(d) The first sixty days of a suspension imposed under
division
(H) of section 4511.19 of the Revised Code or of a
comparable length suspension imposed under section 4510.07 of the
Revised Code.
(3) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(G) or (H) of section 4511.19 of the Revised Code, under
division (C) of section 4511.191 of the Revised Code, or under
section 4510.07 of the Revised Code for a municipal OVI conviction
if the offender, within the preceding six years, has been
convicted of or
pleaded guilty to three or more violations of one
or more of the Revised Code sections, municipal ordinances,
statutes
of the United States or another state, or municipal
ordinances of
a municipal corporation of another state that are
identified in
divisions (G)(2)(b) to (h) of section
2919.22 of the
Revised Code.
Additionally, no judge or mayor shall grant limited driving
privileges to an offender whose driver's or commercial driver's
license
or permit or nonresident operating privilege has been
suspended under
division (B) of section 4511.191 of the Revised
Code if the
offender, within the preceding six years, has refused
three previous requests
to consent to a chemical test of the
person's whole blood, blood serum or
plasma, breath, or urine to
determine its alcohol content.
(4) No judge or mayor shall grant limited driving privileges
for
employment as a driver of commercial motor vehicles to an
offender whose
driver's or commercial driver's license or permit
or nonresident
operating privilege has been suspended under
division (G) or
(H)
of section 4511.19 of the Revised Code, under
division (B) or (C)
of section 4511.191 of the Revised Code, or
under section 4510.07
of the Revised Code for a municipal OVI
conviction if the
offender is disqualified from operating a
commercial motor vehicle, or whose license or permit has been
suspended, under
section 3123.58 or 4506.16 of the
Revised Code.
(5) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(G) or (H) of section 4511.19 of the Revised Code, under
division (C) of section 4511.191 of the Revised Code, or under
section 4510.07 of the Revised Code for a conviction of a
violation of a municipal OVI ordinance during any of the following
periods of time:
(a) The first fifteen days of a suspension imposed under
division
(G)(1)(a) of section 4511.19 of the Revised Code or a
comparable
length suspension imposed under section 4510.07 of the
Revised Code, or of a suspension
imposed under
division (C)(1)(a)
of section 4511.191 of the
Revised Code. On or after
the
sixteenth day of the suspension, the court may grant limited
driving privileges, but the court may require that the offender
shall not
exercise the privileges
unless the vehicles the offender
operates are equipped with
immobilizing or disabling devices that
monitor the offender's
alcohol consumption or any other type of
immobilizing or disabling
devices, except as provided in division
(C) of section 4510.43
of the Revised Code.
(b) The first thirty days of a suspension imposed under
division
(G)(1)(b) of section 4511.19 of the Revised Code or a
comparable
length suspension imposed under section 4510.07 of the
Revised Code, or of a suspension
imposed under
division (C)(1)(b)
of section 4511.191 of the
Revised Code. On or after the
thirty-first day of
suspension, the court may grant limited
driving privileges, but the court may
require that the offender
shall not exercise the privileges
unless the vehicles the offender
operates are equipped with
immobilizing or disabling devices that
monitor the offender's
alcohol consumption or any other type of
immobilizing or disabling
devices, except as provided in division
(C) of section 4510.43
of the Revised Code.
(c) The first sixty days of a suspension imposed under
division
(H) of section 4511.19 of the Revised Code or a
comparable length suspension imposed under section 4510.07 of the
Revised Code.
(d) The first one hundred eighty days of a suspension
imposed
under division (G)(1)(c) of section 4511.19 of the Revised
Code or
a comparable length suspension imposed under section
4510.07 of the Revised Code, or of a
suspension imposed under
division
(C)(1)(c) of section 4511.191 of
the Revised Code. The
judge may grant limited driving
privileges
on or after the one
hundred eighty-first day of the suspension only if the
judge, at
the time of granting the privileges, also
issues an order
prohibiting the offender, while exercising the
privileges during
the period commencing with the one hundred
eighty-first day of
suspension and ending with the first year of
suspension, from
operating any motor vehicle unless it is equipped
with an
immobilizing or disabling device that monitors the
offender's
alcohol consumption. After the first year of the
suspension, the
court may authorize the offender to continue
exercising the
privileges in vehicles that are not equipped with
immobilizing or
disabling devices that monitor the offender's
alcohol consumption,
except as provided in division (C) of section
4510.43 of the
Revised Code. If the offender does not petition for
limited
driving privileges until after the first year of
suspension, the
judge may grant limited driving privileges without
requiring the
use of an immobilizing or disabling device that
monitors the
offender's alcohol consumption.
(e) The first three years of a suspension imposed under
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code
or a
comparable length suspension imposed under section 4510.07 of
the Revised Code, or of a
suspension imposed under
division
(C)(1)(d) of section 4511.191 of the
Revised Code. The
judge may
grant limited driving privileges after the first three
years of
suspension only if the judge, at the time of granting the
privileges, also issues an order prohibiting the offender from
operating any motor vehicle, for the period of suspension
following the first three years of suspension, unless the motor
vehicle is equipped with an immobilizing or disabling device that
monitors the offender's alcohol consumption, except as provided in
division
(C) of section 4510.43 of the Revised Code.
(6) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(B) of section 4511.191 of the Revised Code during any of
the following periods of time:
(a) The first thirty days of suspension imposed under
division
(B)(1)(a) of section 4511.191 of the Revised Code;
(b) The first ninety days of suspension imposed under
division
(B)(1)(b) of section 4511.191 of the Revised Code;
(c) The first year of suspension imposed under division
(B)(1)(c)
of section 4511.191 of the Revised Code;
(d) The first three years of suspension imposed under
division
(B)(1)(d) of section 4511.191 of the Revised Code.
(7) In any case in which a judge or mayor grants limited
driving
privileges to an offender whose driver's or commercial
driver's license
or permit or nonresident operating privilege has
been suspended under
division (G) of section 4511.19 of the
Revised Code or under
section 4510.07 of the Revised Code for a
municipal OVI
conviction, the judge or mayor shall impose as a
condition of the privileges
that the offender must display on the
vehicle that is driven subject to the
privileges
restricted
license plates that are issued under section 4503.231 of the
Revised Code, except
as provided in division (B) of that section.
(B) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
pursuant to
section 4511.19 or 4511.191 of the Revised Code or
under
section 4510.07 of the Revised Code for a violation of a
municipal OVI ordinance may file a petition for
limited driving
privileges during the suspension. The person shall file the
petition
in the court that has jurisdiction over the
place of
arrest. Subject to division (A) of this section, the court
may
grant the person limited driving privileges during the
period
during which the suspension otherwise would be imposed.
However,
the court shall not grant the privileges for
employment as a
driver of a commercial motor vehicle to any person
who is
disqualified from operating a commercial motor vehicle
under
section 4506.16 of the Revised Code or during any of
the
periods
prescribed by division (A) of this section.
(C)(1) After a driver's or commercial driver's license or
permit
or nonresident operating privilege has been suspended
pursuant to section
2903.06, 2903.08, 2907.24, 2921.331, 4511.19,
4511.251, 4549.02, 4549.021, or
5743.99 of the Revised Code, any
provision of
Chapter 2925. of the Revised Code, or section
4510.07
of the Revised Code for a violation of a municipal
OVI ordinance,
the judge of the
court or
mayor of the mayor's court that
suspended the license, permit, or privilege
shall cause the
offender to deliver to the court
the license or permit. The
judge, mayor, or clerk of the court or
mayor's court shall
forward
to the registrar the license or permit together with
notice of the
action of the court.
(2) A suspension of a commercial driver's license under any
section or chapter identified in division (C)(1) of this section
shall be concurrent with any period of suspension or
disqualification under
section 3123.58 or 4506.16 of the Revised
Code. No person
who is
disqualified for life from holding a
commercial driver's license
under
section 4506.16 of the Revised
Code shall be issued a
driver's license under this chapter during
the period for which
the commercial driver's license was suspended
under this section,
and no person whose commercial driver's
license is suspended under
any section or chapter identified in
division (C)(1) of this
section
shall be issued a driver's license
under Chapter
4507. of
the Revised Code during the period of the
suspension.
(3) No judge or mayor shall suspend any class one
suspension, or any portion of any class one suspension, required
by section 2903.04 or 2903.06 of the Revised Code. No judge or
mayor shall suspend the first thirty days of any class two, class
three, class four, class five, or class six suspension imposed
under section 2903.06 or 2903.08 of the Revised Code.
(D) The judge of the court or mayor of the mayor's court
shall
credit any time during which an offender was subject to an
administrative
suspension of the offender's driver's or commercial
driver's license or permit or nonresident operating privilege
imposed pursuant to section 4511.191 or 4511.192 of the Revised
Code or a suspension imposed by a judge,
referee, or mayor
pursuant to division (B)(1) or (2) of
section 4511.196 of the
Revised Code against the time to be
served
under a related
suspension imposed pursuant to any section or chapter
identified
in division (C)(1) of this chapter.
(E) The judge or mayor shall notify the bureau of motor
vehicles
of any determinations made pursuant to this section and
of any suspension
imposed pursuant to any section or chapter
identified in division
(C)(1) of this section.
(F)(1) If a court issues an immobilizing or disabling device
order under section 4510.43 of the Revised Code, the order
shall
authorize the offender during the specified period to operate a
motor vehicle
only if it is equipped with an immobilizing or
disabling device, except as
provided in division (C) of that
section. The court
shall provide the offender with a copy of an
immobilizing or disabling
device order issued under section
4510.43 of the Revised
Code, and the offender shall use the copy
of the order
in lieu of an Ohio driver's or
commercial driver's
license or permit until the registrar or a deputy
registrar issues
the
offender a restricted license.
An order issued under section 4510.43 of the Revised Code
does not
authorize or permit the offender to whom it has been
issued to operate a
vehicle during any time that the offender's
driver's or commercial driver's
license or
permit is suspended
under any other provision of law.
(2) An offender may present an immobilizing or disabling
device
order to the registrar or to a deputy registrar. Upon
presentation of
the order to the registrar or a deputy registrar,
the registrar or
deputy registrar shall issue the offender a
restricted license. A
restricted license issued under this
division shall be identical
to an Ohio driver's license, except
that it shall have printed on
its face a statement that the
offender is prohibited during the period
specified in the court
order from operating any
motor vehicle that is not equipped with
an immobilizing or
disabling device. The date of commencement and
the
date of termination of the period of suspension shall be
indicated
conspicuously
upon the face of the license.
Sec. 4510.14. (A) No person whose driver's or commercial
driver's license or permit or nonresident operating privilege has
been
suspended under section 4511.19. 4511.191, or 4511.196 of the
Revised Code or under section
4510.07 of the Revised Code for a
conviction of a violation
of a municipal OVI ordinance shall
operate any motor
vehicle upon the public roads or
highways within
this state during the period of the
suspension.
(B) Whoever violates this section is guilty of driving under
OVI
suspension. The court shall sentence the offender under
Chapter
2929. of the Revised Code, subject to the differences
authorized
or required by this section.
(1) Except as otherwise provided in division (B)(2) or (3)
of
this section, driving under OVI suspension is a misdemeanor of
the
first degree. The court shall sentence the offender to all of
the
following:
(a) A mandatory jail term of three consecutive days. The
three-day term shall be imposed, unless, subject to division (C)
of
this section, the court instead imposes a sentence of not less
than thirty
consecutive days of
electronically monitored house
arrest. A period of electronically monitored
house arrest imposed
under this division shall not exceed six months. If the court
imposes a mandatory three-day jail term under this division, the
court may impose a jail term in addition to that term, provided
that in no case shall the cumulative jail term imposed for the
offense exceed six months.
(b) A fine of not less than two hundred fifty and not more
than
one thousand dollars;
(c) A license suspension under division (E) of this
section;
(d) If the vehicle the offender was operating at the time of
the
offense is registered in the offender's name, immobilization
for thirty days
of the offender's vehicle
and impoundment for
thirty days of the identification license
plates of that vehicle.
The order for immobilization and
impoundment shall be issued and
enforced in accordance with section
4503.233 of the Revised Code.
(2) If, within six years of the offense, the offender
previously
has been convicted of or pleaded guilty to one
violation of this section
or one equivalent offense, driving under
OVI suspension is a
misdemeanor of the first degree. The court
shall sentence the offender
to all of the following:
(a) A mandatory jail term of ten consecutive days.
Notwithstanding the terms of imprisonment provided in Chapter
2929. of the Revised Code, the court may sentence the offender to
a longer jail term of not more than one year. The ten-day
mandatory jail
term shall be imposed unless, subject to division
(C) of
this section, the court instead imposes a sentence of not
less than ninety
consecutive days
of electronically monitored
house arrest. The period of electronically
monitored house
arrest
shall not exceed one year.
(b) Notwithstanding the fines provided for in Chapter
2929.
of the Revised Code, a fine of not less
than five hundred and not
more than two thousand five hundred
dollars;
(c) A license suspension under division (E) of this
section;
(d) If the vehicle the offender was operating at the time of
the
offense is registered in the offender's name, immobilization
of
the offender's vehicle for sixty days and the impoundment for
sixty days of the identification license plates of that vehicle.
The order for immobilization and impoundment shall be issued and
enforced in accordance with section 4503.233 of the Revised
Code.
(3) If, within six years of the offense, the offender
previously has been
convicted of or pleaded guilty to two or more
violations of this section
or two or more equivalent offenses,
driving under OVI suspension
is a misdemeanor. The court shall
sentence the offender to all of the
following:
(a) A mandatory jail term of thirty consecutive days.
Notwithstanding the terms of imprisonment provided in Chapter
2929. of the Revised Code, the court may sentence the offender to
a longer jail term of not more than one year. The court shall not
sentence
the offender to a term of electronically monitored house
arrest in lieu of the mandatory portion of the jail term.
(b) Notwithstanding the fines set forth in Chapter 2929.
of
the
Revised Code, a fine of not less
than five hundred and not
more than two thousand five hundred
dollars;
(c) A license suspension under division (E) of this
section;
(d) If the vehicle the offender was operating at the time of
the
offense is registered in the offender's name, criminal
forfeiture to the state
of the offender's
vehicle. The order of
criminal forfeiture shall be issued and
enforced in accordance
with section 4503.234 of the Revised
Code. If
title to a motor
vehicle that is subject to an order for criminal
forfeiture under
this division is assigned or transferred and
division (B)(2) or
(3) of section 4503.234 of the Revised
Code
applies, the court may
fine the offender the value of the vehicle as
determined by
publications of the national auto dealer's
association. The
proceeds from any fine so imposed shall be distributed
in
accordance with division (C)(2) of section 4503.234 of the
Revised
Code.
(C) No court shall impose an alternative sentence of
electronically monitored house arrest under division (B)(1) or (2)
of this section unless, within sixty days of the date of
sentencing, the court issues a written finding on the record that,
due to the unavailability of space at the jail where the offender
is required
to serve the jail term imposed, the offender will not
be able to begin serving
that term within the sixty-day period
following the date of sentencing.
An offender sentenced under this section to a period of
electronically monitored house arrest shall be permitted work
release
during that period.
(D) Fifty per cent of any fine imposed by a court under
division
(B)(1), (2), or (3) of this section shall be deposited
into the
county indigent drivers alcohol treatment fund or
municipal indigent drivers
alcohol treatment fund under the
control of that court, as created by the county or municipal
corporation
pursuant to division (H) of section 4511.191 of the
Revised
Code.
(E) In addition to or independent of all other penalties
provided
by law or ordinance, the trial judge of any court of
record or the mayor
of a mayor's court shall impose on an offender
who is convicted of or pleads
guilty to a violation of this
section a class seven suspension
of the offender's driver's or
commercial driver's license or permit or nonresident operating
privilege
from the range specified in division (A)(7) of section
4510.02 of the
Revised Code.
When permitted as specified in section 4510.021 of the
Revised Code, if the court grants
limited driving privileges
during a suspension imposed under this section, the
privileges
shall be granted on the additional condition
that the offender
must display restricted license plates, issued
under section
4503.231 of the Revised Code, on the vehicle driven
subject to the
privileges, except as provided in division (B) of that
section.
A suspension of a commercial driver's license under this
section
shall be concurrent with any period of suspension or
disqualification
under section
3123.58 or 4506.16 of the Revised
Code. No person
who is
disqualified for life from holding a
commercial driver's
license under
section 4506.16 of the Revised
Code shall be issued
a
driver's license under Chapter 4507. of the
Revised Code during
the period for which the commercial driver's
license was suspended
under this section, and no person whose
commercial driver's
license is suspended under this section shall
be issued a driver's
license under Chapter 4507. of the Revised
Code during the period
of the suspension.
(F) As used in this section:
(1) "Electronically monitored house arrest" has the same
meaning
as in section 2929.23 of the Revised Code.
(2) "Equivalent offense" means any of the following:
(a) A violation of a municipal ordinance, law of another
state,
or law of the United States that is substantially
equivalent
to division (A) of this section;
(b) A violation of a former law of this state that was
substantially equivalent to division (A) of this section.
(3) "Jail" has the same meaning as in section 2929.01 of the
Revised
Code.
(4) "Mandatory jail term" means the mandatory term in jail
of
three, ten, or thirty consecutive days that must be imposed
under
division (B)(1), (2), or (3) of this section upon an
offender
convicted of a violation of division (A) of this section
and in
relation to which all of the following apply:
(a) Except as specifically authorized under this section,
the
term must be served in a jail.
(b) Except as specifically authorized under this section,
the
term cannot be suspended, reduced, or otherwise modified
pursuant to section
2929.51, 2951.02, or any
other provision of
the Revised Code.
Sec. 4507.34
4510.15. Whenever a person is found guilty
of
reckless operation of a motor vehicle under the
laws of this state
or under any ordinance of any political
subdivision of this state,
of operating a motor vehicle in
violation of such laws or
ordinances, relating to reckless
operation, the trial court of any
court of record
may, in
addition to or independent of all other
penalties provided by
law,
suspend for any period of time or
revoke the
may impose a class five suspension of the offender's
driver's
license or commercial driver's license
of any person so
convicted
or pleading guilty to such offenses for any period that
it
determines, not to exceed one year
or permit or nonresident
operating privilege from the range specified in division (A)(5) of
section 4510.02 of the Revised Code.
Suspension of a commercial driver's license under this
section shall be concurrent with any period of
suspension
disqualification
under section
3123.611
3123.58 or 4506.16 of the
Revised Code
or period of suspension under section 3123.58 of the
Revised
Code.
No person who
is disqualified for life from holding
a commercial driver's license
under section 4506.16 of the Revised
Code shall be issued a
driver's license under
this chapter
Chapter
4507. of the Revised Code during the period for which
the
commercial driver's license was suspended under this section,
and
no person whose commercial driver's license is suspended
under
this section shall be issued a driver's license under
this
chapter
Chapter 4507. of the Revised Code during the period of the
suspension.
Sec. 4510.16. (A)
No person, whose driver's or commercial
driver's license or temporary instruction permit or nonresident's
operating
privilege has been
suspended or canceled pursuant to
Chapter 4509. of the
Revised
Code, shall operate any motor vehicle
within this state, or knowingly
permit any motor vehicle owned by
the person to be operated by
another person in the state, during
the period of the suspension or
cancellation, except as
specifically authorized by Chapter
4509. of the Revised Code. No
person shall operate a motor
vehicle within this state, or
knowingly permit any motor vehicle owned by the person to be
operated by another person in the state,
during the period in
which the person is required by section 4509.45 of
the Revised
Code to file and maintain proof of financial
responsibility for a
violation of section 4509.101 of the Revised
Code, unless proof of
financial responsibility is
maintained with respect to that
vehicle.
(B)(1) Whoever violates this section is guilty of driving
under
financial responsibility law suspension or cancellation, a
misdemeanor of the first degree. The court shall impose a class seven
suspension of the offender's driver's or
commercial driver's
license or permit or nonresident operating
privilege for
the
period of time specified in division (A)(7) of
section 4510.02 of
the
Revised Code.
(2) If the vehicle is registered in
the offender's name, the
court, in addition to or independent of
any other
sentence that it
imposes upon the offender, shall do one of the following:
(a) Except as otherwise provided in division (B)(2)(b) or (c)
of this section, order
the
immobilization for thirty days of the
vehicle involved in the
offense and the
impoundment for thirty
days of the license plates
of that vehicle;
(b) If the offender previously has been convicted of or
pleaded guilty to
one violation of
this section or a substantially
similar municipal ordinance,
order
the immobilization for
sixty
days of the vehicle involved in the
offense and impoundment for
sixty
days of the license plates of
that vehicle;
(c) If the offender previously has been convicted of or
pleaded guilty to
two or more
violations of this section or a
substantially similar municipal
ordinance, order the criminal
forfeiture
to the state of the
vehicle involved in the offense.
If title to a motor vehicle that
is subject to an order for
criminal forfeiture under this division
is assigned or transferred
and division (B)(2) or (3) of section
4503.234 of the Revised Code
applies, in addition to or
independent of any other penalty
established by law, the court may
fine the offender the value of
the vehicle as determined by
publications of the national auto
dealers association. The
proceeds from any fine so imposed shall
be distributed in
accordance with division (C)(2) of that section.
(C) Any order for immobilization and impoundment under this
section shall be issued and enforced in accordance with sections
4503.233 and
4507.02
of the Revised Code, as applicable. Any
order of criminal
forfeiture
shall be issued and enforced in
accordance with section 4503.234 of the
Revised Code. The court
shall not release a vehicle from
immobilization orders under this
section unless the court is presented with
current proof of
financial responsibility with
respect to that vehicle.
Sec. 4507.361
4510.161. (A) The requirements and sanctions
imposed
by divisions (B) and (C) of this section are an adjunct to
and
derive from the state's exclusive authority over the
registration
and titling of motor vehicles and do not comprise a
part of the
criminal sentence to be imposed upon a person who
violates a
municipal ordinance that is substantially equivalent to
section 4510.14 or
to division
(B)(1) or (D)(2)(A) of section
4507.02
4510.16
of the Revised Code.
(B) If a person is convicted of or pleads guilty to a
municipal ordinance that is substantially equivalent to division
(B)(1)(A) of section
4507.02
4510.16 of the
Revised Code, the
court, in
addition to and independent of any sentence that it
imposes upon
the offender for the offense,
regardless of whether
if the
vehicle
the offender was operating at the time of the
offense is
registered in
his
the offender's name
or in the name of
another
person, and
subject to section 4503.235 of the Revised
Code, shall do
whichever of the following is applicable:
(1) If, within five years of the current offense, the
offender has not been convicted of or pleaded guilty to a
violation of
division (A) of section 4510.16 or former
division
(B)(1) of section 4507.02 of the Revised
Code or a municipal
ordinance that is substantially equivalent to
that
either
division, the court shall order the immobilization
for
thirty days
of the vehicle the offender was operating at the time
of the
offense and the impoundment for thirty days of the
identification
license plates of that vehicle.
(2) If, within five years of the current offense, the
offender has been convicted of or pleaded guilty to one violation
of
division (A) of section 4510.16 or former division (B)(1)
of
section 4507.02 of the Revised Code or a
municipal ordinance that
is substantially equivalent to
that
either
division, the court
shall order the immobilization for sixty days
of the vehicle the
offender was operating at the time of the
offense and the
impoundment for sixty days of the identification
license plates of
that vehicle.
(3) If, within five years of the current offense, the
offender has been convicted of or pleaded guilty to two or more
violations of
division (A) of section 4510.16 or former
division
(B)(1) of section 4507.02 of the Revised
Code or a municipal
ordinance that is substantially equivalent to
that
either
division, the court shall order the criminal
forfeiture
to
the
state of the vehicle the offender was operating at the time
of the
offense. The order of criminal forfeiture shall be issued
and
enforced in accordance with section 4503.234 of the Revised
Code.
(C) If a person is convicted of or pleads guilty to a
municipal ordinance that is substantially equivalent to
division
(D)(2) of section
4507.02
4510.14 of the Revised Code, the
court,
in
addition to and independent of any sentence that it imposes
upon
the offender for the offense,
regardless of whether
if the
vehicle
the offender was operating at the time of the offense is
registered in
his
the offender's name
or in the name of
another
person, and
subject to section 4503.235 of the Revised Code, shall
do
whichever of the following is applicable:
(1) If, within five years of the current offense, the
offender has not been convicted of or pleaded guilty to a
violation of
section 4510.14 or former division (D)(2) of section
4507.02 of the Revised
Code or a municipal ordinance that is
substantially equivalent to
that
section or former division, the
court shall order the
immobilization for
thirty days of the
vehicle the offender was operating at the time
of the offense and
the impoundment for thirty days of the
identification license
plates of that vehicle.
(2) If, within five years of the current offense, the
offender has been convicted of or pleaded guilty to one violation
of
section 4510.14 or former division (D)(2) of section 4507.02 of
the
Revised Code or a
municipal ordinance that is substantially
equivalent to that
section or former division, the court shall
order the immobilization
for sixty days
of the vehicle the
offender was operating at the time of the
offense and the
impoundment for sixty days of the identification
license plates of
that vehicle.
(3) If, within five years of the current offense, the
offender has been convicted of or pleaded guilty to two or more
violations of
section 4510.14 or former division (D)(2) of section
4507.02 of the Revised
Code or a municipal ordinance that is
substantially equivalent to
that
section or former division, the
court shall order the criminal
forfeiture to
the state of the
vehicle the offender was operating at the time
of the offense.
(D) An order of criminal forfeiture issued pursuant to
this
section shall be issued and enforced in accordance with
section
4503.234 of the Revised Code. An order for the
immobilization and
impoundment of a vehicle that issued pursuant
to this section
shall be issued and enforced in accordance with
section 4503.233
of the Revised Code.
Sec. 4507.169
4510.17. (A) The registrar of motor vehicles
shall
suspend for the period of time specified in this
division
the
driver's or commercial driver's
license or permit of, or deny
for
such period of time
the issuance of a driver's
or commercial
driver's license or permit to,
impose a class D
suspension of the
person's driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident operating
privilege for the period of time specified in division (B)(4) of
section 4510.02 of the Revised Code on any person who is a
resident of
this state and is convicted of or
pleads guilty to a
violation of
a statute of any other state or any federal
statute
that is
substantially similar to section 2925.02, 2925.03,
2925.04,
2925.041, 2925.05, 2925.06,
2925.11, 2925.12, 2925.13,
2925.14,
2925.22, 2925.23, 2925.31, 2925.32,
2925.36, or 2925.37
of the
Revised Code. Upon receipt of a
report from a court, court
clerk,
or other official of any other
state or from any federal
authority
that a resident of this state
was convicted of or
pleaded guilty
to an
offense described in this division, the
registrar shall send
a notice by regular first class mail to the
person, at
the
person's last known
address as shown in the records
of the bureau
of motor vehicles,
informing the person of the
suspension
or
denial, that the
suspension
or denial will take
effect twenty-one
days from the date of the notice, and that, if
the person wishes
to
appeal the suspension or denial, the person
must file a
notice
of appeal within
twenty-one days of the date of
the notice
requesting a hearing on
the matter. If the person
requests a
hearing, the registrar
shall hold the hearing not more
than
forty
days after receipt by the registrar of the notice of
appeal. The
filing of a notice of
appeal does not stay the
operation of the
suspension
or denial
that must be imposed
pursuant to this
division. The scope of the
hearing shall be
limited to whether
the person actually was convicted of
or pleaded
guilty to the
offense for which the
suspension
or denial is to be
imposed.
The
period of suspension
or denial the registrar is required
to impose
under this division shall end either on the last day of
any period of
the class D suspension period or of the
suspension
of the person's nonresident operating
privilege imposed by the
state or federal court
located in the
other state, or the date six
months and
twenty-one days from the
date of the notice sent by the
registrar to the
person under this
division, whichever is earlier.
The registrar shall subscribe to or otherwise participate
in
any information system or register, or enter into reciprocal
and
mutual agreements with other states and federal authorities,
in
order to facilitate the exchange of information with other
states
and the United States government regarding persons who
plead
guilty to or are convicted of offenses described in this
division
and therefore are subject to the suspension or denial
described in
this division.
(B) The registrar shall
suspend for the period of time
specified in this division the driver's or commercial driver's
license or
permit of, or deny for such period of time the
issuance
of a driver's or commercial driver's license or
permit to,
impose
a class D suspension of the person's
driver's license, commercial
driver's license, temporary instruction permit,
probationary
license, or nonresident operating privilege for the period of
time
specified in division (B)(4) of section 4510.02 of the Revised
Code on any
person who is a resident of this state and is
convicted of
or
pleads guilty to a violation of a statute
of any
other state
or a
municipal ordinance of a municipal corporation
located in
any
other state that is substantially similar to
section 4511.19
of
the Revised Code. Upon receipt of a report
from another state
made pursuant to section
4507.60
4510.61 of the
Revised Code
indicating
that a resident of this state was
convicted
of or pleaded guilty
to an offense described in this
division, the
registrar shall
send
a notice by regular first class
mail to the person, at the
person's last known address as shown in
the records of the bureau
of motor
vehicles, informing the person
of the suspension
or
denial, that the
suspension or denial will
take effect
twenty-one
days from the date of the notice, and that,
if
the person wishes
to appeal the suspension
or denial, the
person must file a
notice
of appeal within twenty-one days of the
date of the notice
requesting a hearing on the matter. If the
person requests a
hearing, the registrar shall hold the hearing
not more than
forty
days after receipt by the registrar of the
notice
of appeal. The
filing of a notice of appeal does not stay
the
operation of the
suspension
or denial that must be imposed
pursuant to this
division. The scope of the hearing shall be
limited to whether
the person actually was convicted of or pleaded
guilty to the
offense for which the suspension
or denial is
to be
imposed.
The
period of suspension
or denial the registrar is required
to impose
under this division shall end either on the last day of
any period of
the class D suspension period or of the
suspension
of the person's nonresident operating
privilege imposed by the
state or federal court
located in the
other state, or the date six
months and
twenty-one days from the
date of the notice sent by the
registrar to the
person under this
division, whichever is earlier.
(C) The registrar shall
suspend for the period of time
specified in this division the driver's or commercial driver's
license or
permit of, or deny for such period of time the
issuance
of a driver's or commercial driver's license
or permit to,
impose
a class D suspension of the child's driver's license,
commercial
driver's license, temporary instruction permit, or nonresident
operating privilege for the period of time specified in division
(B)(4) of section 4510.02 of the Revised Code on any
child who is
a resident of this state and
is convicted of or
pleads guilty to a
violation of a statute of
any other state or
any federal statute
that is substantially
similar to section
2925.02, 2925.03,
2925.04,
2925.041, 2925.05,
2925.06, 2925.11,
2925.12, 2925.13,
2925.14, 2925.22, 2925.23, 2925.31, 2925.32,
2925.36, or 2925.37
of the Revised Code. Upon receipt of a report
from a court,
court
clerk, or other official of any other state or
from any
federal
authority that a child who is a resident of this
state
was
convicted of or pleaded guilty to an offense described
in
this
division, the registrar shall send a notice by regular
first
class
mail to the child, at the child's last known address
as shown in
the records of the bureau of motor vehicles, informing
the child
of the suspension
or denial, that the suspension or
denial will
take effect
twenty-one days from the date of the
notice, and that,
if the child wishes to
appeal the suspension
or
denial, the child
must file a notice of appeal within
twenty-one
days of the date of
the notice requesting a hearing on
the matter.
If the child
requests a hearing, the registrar shall
hold the
hearing not more
than forty
days after receipt by the
registrar of
the notice of
appeal. The filing of a notice of
appeal does not
stay the
operation of the suspension
or denial
that must be
imposed
pursuant to this division. The scope of the
hearing shall
be
limited to whether the child actually was convicted of
or
pleaded
guilty to the offense for which
the suspension
or denial
is to be
imposed.
The
period of suspension the registrar is required to impose
under this
division shall end either on the last day of
any period
of
the class D suspension period or of the suspension of the
child's nonresident operating privilege
imposed by the state or
federal court
located in the other state,
or the date six months
and twenty-one days from
the date of the
notice sent by the
registrar to the child under this division,
whichever is earlier.
If the child is a resident of this state
who
is sixteen
years of
age or older and does not have a current,
valid Ohio
driver's or
commercial driver's license or permit, the
notice shall
inform the
child that the child will be denied
issuance of a driver's or
commercial driver's license or permit
for six months beginning on
the date of the notice. If the child
has not attained the age of
sixteen years on the date of the
notice, the notice shall inform
the child that the period of
denial of six months shall commence
on the
date the child attains
the age of sixteen years.
The registrar shall subscribe to or otherwise participate
in
any information system or register, or enter into reciprocal
and
mutual agreements with other states and federal authorities,
in
order to facilitate the exchange of information with other
states
and the United States government regarding children who
are
residents of this state and plead guilty to or are convicted
of
offenses described in this division and therefore are subject
to
the suspension or denial described in this division.
(D) The registrar shall
suspend for the period of time
specified in this division the driver's or commercial driver's
license or
permit of, or deny for such period of time the
issuance
of a driver's or commercial driver's license
or permit to,
impose
a class D suspension of the child's
driver's license, commercial
driver's license, temporary instruction permit,
probationary
license, or nonresident operating privilege for the period of
time
specified in division (B)(4) of section 4510.02 of the Revised
Code on any
child who is a resident of this state and
is convicted
of or
pleads guilty to a
violation of a statute of
any other state
or a
municipal ordinance of a municipal
corporation located in any
other state that is substantially
similar to section 4511.19 of
the Revised Code. Upon receipt of
a report from another state
made pursuant to section
4507.60
4510.61 of the Revised Code
indicating
that a child who is a resident
of this state was
convicted of or
pleaded guilty to an offense
described in this
division, the
registrar shall send a notice by
regular first class
mail to the
child, at the child's last known address
as shown in
the records
of the bureau of motor vehicles,
informing the child
of the
suspension
or denial, that the
suspension
or denial will
take
effect twenty-one
days from the date of the notice, and that,
if
the
child wishes to appeal
the suspension
or denial, the child
must file a notice
of appeal within
twenty-one days of the date of
the notice requesting a hearing on
the matter. If the child
requests a hearing, the registrar shall
hold the hearing not more
than forty
days after receipt by the
registrar of the notice of
appeal. The filing of a notice of
appeal does not stay the
operation of the suspension
or denial
that must be imposed
pursuant to this division. The scope of the
hearing shall be
limited to whether the child actually was convicted of
or pleaded
guilty to the offense for which the
suspension
or denial is to be
imposed.
The
period of suspension the registrar is required to impose
under this
division shall end either on the last day of
any period
of
the class D suspension period or of the suspension of the
child's nonresident operating privilege
imposed by the state or
federal court
located in the other state,
or the date six months
and twenty-one days from
the date of the
notice sent by the
registrar to the child under this division,
whichever is earlier.
If the child is a resident of this state
who
is sixteen
years of
age or older and does not have a current,
valid Ohio
driver's or
commercial driver's license or permit, the
notice shall
inform the
child that the child will be denied
issuance of a driver's or
commercial driver's license or permit
for six months beginning on
the date of the notice. If the child
has not attained the age of
sixteen years on the date of the
notice, the notice shall inform
the child that the period of
denial of six months shall commence
on the
date the child attains
the age of sixteen years.
(E) Any person whose license or permit has been suspended
pursuant to
division (B) or (D) of this section may file a
petition in the municipal or county court, or in case the person
is under
eighteen years of age, the juvenile court, in whose
jurisdiction the person
resides, agreeing to
pay the cost of the
proceedings and alleging that the suspension
would seriously
affect the person's ability to continue the person's
employment.
Upon satisfactory proof that there is reasonable cause to believe
that the suspension would seriously affect the person's ability to
continue
the person's employment, the judge may grant the person
occupational
limited driving
privileges during the period during
which the
suspension otherwise would be
imposed, except that the
judge shall
not grant
occupational
limited driving
privileges for
employment as a
driver of a commercial motor vehicle to any
person
who would be
disqualified from operating a commercial motor
vehicle under
section 4506.16
of the Revised Code if the violation
had occurred
in this state, or during any
of the following periods
of time:
(1) The first fifteen days of the suspension, if
the person
has not been convicted within
five
six years of
the date of the
offense giving rise to the suspension under this
section of a
violation of any of the following:
(a) Section 4511.19 of the Revised Code, of a municipal
ordinance relating to operating a vehicle while under the
influence of
alcohol, a drug of abuse, or alcohol and a drug of
abuse;
(b) A
municipal ordinance relating to operating a motor
vehicle with a
prohibited concentration of alcohol in the blood,
breath, or
urine;
(c) Section 2903.04 of the Revised Code in a case in which
the person was subject to the sanctions described in division (D)
of
that section;
(d) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or
a municipal ordinance that
is substantially similar to either of those
divisions;
(e) Division (A)(2), (3), or (4) of
section 2903.06,
division (A)(2) of section
2903.08, or
former
as it existed prior
to March 23, 2000 section 2903.07 of
the Revised
Code, or
a
municipal ordinance that is substantially
similar to any of those
divisions or that former section,
in a
case in which the jury or
judge found that the
person was under
the influence of alcohol, a
drug of abuse, or
alcohol and a drug
of abuse.
(2) The first thirty days of the suspension, if the person
has been convicted one time within
five
six years of the date of
the
offense giving rise to the
suspension under this section of
any
violation identified in division
(E)(1) of
this section.
(3) The first one hundred eighty days of the suspension, if
the person has been convicted two times within
five
six
years of
the
date of the offense giving rise to the suspension
under this
section of any violation identified in division
(E)(1) of this
section.
(4) No
occupational
limited driving privileges may be
granted if the
person has been convicted three or more times
within five years of
the date of the offense giving rise to the
suspension under this
section of any violation identified in
division
(E)(1) of this
section.
If a person petitions for
occupational
limited driving
privileges
under division (E) of this section, the registrar shall
be
represented by the county prosecutor of the county in which
the
person resides if the petition is filed in a juvenile court
or
county court, except that if the person resides within a city
or
village that is located within the jurisdiction of the county
in
which the petition is filed, the city director of law or
village
solicitor of that city or village shall represent the
registrar.
If the petition is filed in a municipal court, the
registrar shall
be represented as provided in section 1901.34
of the Revised Code.
In granting
occupational
limited driving privileges under
division
(E) of this section, the court may impose any condition
it
considers reasonable and necessary to limit the use of a
vehicle
by the person. The court shall deliver to the person a
permit
card, in a form to be prescribed by the court, setting
forth the
time, place, and other conditions limiting the person's
use of a
motor vehicle. The grant of
occupational
limited driving
privileges shall
be conditioned upon the person's having the
permit in the person's
possession at all times during which
the
person is
operating a
vehicle.
A person granted
occupational
limited driving privileges who
operates
a vehicle for other than
occupational
limited purposes,
in violation of
any condition imposed by the court or without
having the permit
in
the person's possession, is guilty of a
violation of
division
(D)(1) of section
4507.02
4510.11 of the
Revised Code.
(F) As used in divisions (C) and (D) of this section:
(1)
"Child" means a person who is under the age of
eighteen
years, except that any person who violates a statute or
ordinance
described in division (C) or (D) of this section prior
to
attaining eighteen years of age shall be deemed a
"child"
irrespective of the person's age at the time the complaint
or
other
equivalent document is filed in the other state or a
hearing,
trial, or other proceeding is held in the other state on
the
complaint or other equivalent document, and irrespective of
the
person's
age when the period of license suspension or denial
prescribed in
division (C) or (D) of this section is imposed.
(2)
"Is convicted of or pleads guilty to" means, as it
relates to a child who is a resident of this state, that in a
proceeding conducted in a state or federal court located in
another state for a violation of a statute or ordinance described
in division (C) or (D) of this section, the result of the
proceeding is any of the following:
(a) Under the laws that govern the proceedings of the
court,
the child is adjudicated to be or admits to being a
delinquent
child or a juvenile traffic offender for
a violation described in
division (C) or (D) of this
section that would be a crime if
committed by an adult;
(b) Under the laws that govern the proceedings of the
court,
the child is convicted of or pleads guilty to a violation
described in
division (C) or (D) of this section;
(c) Under the laws that govern the proceedings of the
court,
irrespective of the terminology utilized in those laws,
the result
of the court's proceedings is the
functional equivalent of
division (F)(2)(a) or (b) of this
section.
Sec. 4510.21. (A) No person whose driver's license,
commercial
driver's license, temporary instruction permit, or
nonresident's operating
privilege has been
suspended shall operate
any motor vehicle upon a public road or highway or any
public or
private property after the suspension has expired unless
the
person has complied with all license reinstatement
requirements
imposed by the court, the bureau of motor vehicles,
or another
provision of the Revised Code.
(B) Whoever violates this section is guilty of failure to
reinstate a license, a misdemeanor of the first degree. The court
may impose
upon the offender a class seven suspension
of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary driver's license, or
nonresident operating privilege from the range specified in
division (A)(7) of section 4510.02 of the Revised Code.
Sec. 4507.168
4510.22. (A) If a person who has a current
valid
Ohio driver's
or, commercial driver's license,
or
temporary
instruction permit is charged with a
violation of any provision in
sections 4511.01 to 4511.76,
section 4511.84,
any provision in
sections 4513.01 to 4513.65,
or
any provision in sections 4549.01
to 4549.65 of the Revised Code
that is classified as a misdemeanor
of the first, second, third,
or fourth degree or with a violation
of any
substantially equivalent
municipal ordinance
that is
substantially comparable to any provision of any of
these
sections
and if the person either fails to appear in court at the
required
time and place to answer the charge or pleads guilty to
or is
found guilty of the violation and fails within the time
allowed by
the court to pay the fine imposed by the court, the
court shall
declare the
forfeiture
suspension of the person's
license.
Thirty
days after the declaration
of forfeiture, the court shall
inform
the registrar of motor vehicles of the
forfeiture
declaration by
entering
information relative to the
forfeiture
declaration on a
form
approved and furnished by the
registrar and sending the form
to the registrar. The court also shall forward
the person's
license, if it is in the possession of the
court, to the
registrar.
The
The registrar shall
suspend
impose a class F
suspension of
the person's driver's or commercial driver's license,
or temporary
instruction permit for the period of time specified in division
(B)(6) of section 4510.02 of the Revised Code on
any person who is
named in a declaration received by the registrar under this
section. The registrar shall send written
notification
of the
suspension to the person
of the suspension
at
the person's last
known
address, and, if the person is in possession of the license,
order
the person to surrender the person's
driver's or commercial
driver's license
or permit to
the registrar within forty-eight
hours.
No
No valid driver's or
commercial driver's license shall be
granted to the person after
the suspension, unless the court
having
jurisdiction of the offense that led to the
suspension
orders that the
forfeiture
suspension be terminated.
The court
shall
so order
the termination of the suspension if the person,
after having failed to appear in court at the
required
time and
place to answer the charge or after having pleaded guilty to or
been found guilty of the violation and having failed within the
time allowed by the court to pay the fine imposed by the court,
thereafter appears to answer the charge and pays any fine imposed
by the court or pays the fine originally imposed by the court.
The
court
shall inform the registrar of the termination of the
forfeiture
suspension by entering
information relative to the
termination on a form approved and furnished by
the registrar and
sending the form to the registrar. The
court
also shall charge
and collect from the person
shall pay to the bureau
of motor
vehicles a fifteen-dollar processing fee
to cover the costs of the
bureau
of motor vehicles in administering
this
section. The
clerk
of the court shall transmit monthly all such processing
fees to
the registrar
for
shall deposit
the fee into
the state bureau of
motor vehicles fund
created
by section 4501.25 of the Revised
Code.
(B) In addition to suspending the driver's or commercial
driver's license
or permit of the person named in a declaration of
forfeiture
suspension, the registrar, upon
receipt from the court
of the copy of the declaration of
forfeiture
suspension, shall
take any measures that may be necessary to ensure that neither the
registrar
nor any deputy registrar accepts any application for the
registration or
transfer of registration of any motor vehicle
owned or leased by the person
named in the declaration
of
forfeiture.
However, for a motor vehicle leased by a person named
in a declaration
of
forfeiture, the registrar shall not implement
the preceding sentence until
the
registrar adopts procedures for
that implementation under section 4503.39
of the Revised Code.
The
period of denial of registration
or transfer shall continue
until
such time as the court having jurisdiction of
the offense
that led
to the suspension
of the person's driver's or
commercial
driver's
license
orders the
forfeiture
suspension to be
terminated. Upon
receipt
by the registrar of
an
order terminating
the
forfeiture
suspension, the registrar also
shall take any
measures
that may be
necessary to
permit the person to register a
motor vehicle owned
or leased by the person or
to transfer the
registration of such a
motor vehicle, if the person later
makes
application to take such
action and otherwise is eligible to
register
the motor vehicle or
to transfer its registration.
The registrar shall not be required to give effect to any
declaration of
forfeiture
suspension or order terminating a
forfeiture
suspension provided by a court under this
section
unless the information contained in the declaration or order is
transmitted to the registrar by means of an electronic transfer
system.
(C) The
period of license suspension imposed pursuant to
division (A) of this section is independent of any other period
of
license suspension that the court having jurisdiction over the
offense may impose, and the period of license suspension imposed
pursuant to that division and the period of denial relating to the
issuance
or transfer of a certificate of registration for a motor
vehicle imposed
pursuant to
this division
(B) of this section
remains in effect
until the person pays any fine imposed by the
court relative to the offense.
Sec. 4507.161
4510.23. When any person having a driver's or
commercial driver's
license is adjudicated incompetent for the
purpose of holding the license, as
provided in section 5122.301 of
the Revised Code, the probate judge shall
order
the license of
such
the person delivered to the court. The
court shall forward
such
the license with notice of
such
the
adjudication to the
registrar of motor
vehicles. The registrar
of motor vehicles
shall
suspend such
license
impose a class F suspension of the
person's driver's
or commercial driver's license for the period of
time specified in division
(B)(6) of section 4510.02 of the
Revised Code. The
suspension shall remain in effect until
receipt
of written notice by the head of the hospital, or other agency
which
has or had custody of such person, that such person's mental
illness is not an
impairment to such person's ability to operate a
motor vehicle, or upon
receipt
of notice from the adjudicating
court that such person has been restored to
competency by court
decree.
Sec. 4507.162
4510.31. (A)(1) Except as provided in
division (C) of
this section, the registrar of motor vehicles
shall suspend the
probationary driver's license, restricted
license,
or temporary instruction permit issued to any
person when
the person
has been convicted of, pleaded guilty to, or been
adjudicated in
juvenile court of having committed, prior to the
person's eighteenth
birthday, any of the following:
(1)(a) Three separate violations of
section 2903.06,
2903.08, 2921.331, 4511.12, 4511.13,
4511.15, 4511.191,
4511.192,
4511.20, 4511.201, 4511.202,
4511.21, 4511.22, 4511.23, 4511.25 to
4511.48, 4511.57 to
4511.65, 4511.75, 4549.02, 4549.021, or
4549.03 of the Revised
Code,
section 4510.14 of the Revised Code
involving a
suspension imposed under section 4511.191 or 4511.196
of the Revised
Code, section 2903.04 of the
Revised Code in a case
in
which the
person would have been subject to the sanctions
described in
division (D) of that section had the person been
convicted of
the
violation of that section, former section 2903.07
of the Revised Code, or any
municipal ordinances similarly
relating to the offenses referred to in those
sections;
(2)(b) One violation of section 4511.19 of the Revised Code
or a substantially similar municipal ordinance;
(3)(c) Two separate violations of any of
the Revised
Code
sections referred to in
division (A)(1)(a) of this
section, or any
municipal ordinance that is substantially similar
to any of those
sections.
(2) Any person whose license or permit is suspended under
division
(A)(1)(a),
(2)(b), or
(3)(c) of
this section shall mail
or deliver the person's probationary
driver's
license, restricted
license, or temporary
instruction permit to the registrar within
fourteen
days of notification of the suspension. The registrar
shall
retain the license or permit during the period of the
suspension. A
suspension pursuant to division (A)(1)(a) of this
section shall
remain in effect until one year has elapsed since
the date of
suspension of the probationary driver's license,
restricted
license, or temporary instruction permit
be a class C
suspension, a
suspension
pursuant to division (A)(2)(1)(b) of this
section shall
remain in effect until six months have elapsed
since
the date of the suspension
be a class D suspension,
and a
suspension pursuant to division
(A)(3)(1)(c) of this section shall
remain in effect until ninety days have elapsed since the date
of
the suspension
be a class E suspension, all for the periods
of
time specified in division (B) of section 4510.02 of the
Revised
Code.
If the person's probationary
driver's license, restricted
license, or temporary
instruction permit is under suspension on
the
date the court imposes sentence upon the person for a
violation
described in division (A)(2)(1)(b) of this section, the
suspension
shall take effect on the next day immediately following
the end
of that period of suspension. If the person is sixteen
years of
age or older and pleads guilty to or is convicted of a
violation
described in division (A)(2)(1)(b) of this section and
the
person
does not have
a current, valid probationary driver's
license, restricted
license, or temporary instruction permit, the
registrar shall
deny the issuance to the person of a
probationary
driver's license, restricted license, driver's
license, commercial
driver's license, or temporary instruction permit, as the case
may
be, for six months beginning on
the date the court imposes
sentence upon the person for the
violation. If the person has not
attained the age of sixteen
years on the date the court imposes
sentence upon the person
for the
violation, the period of denial
shall commence on the date the
person attains the age of sixteen
years.
(B) The registrar also shall
suspend
impose a class D
suspension for the period of time specified in division (B)(4) of
section 4510.02 of the Revised Code of the temporary
instruction
permit or probationary driver's license of any person
under the
age of eighteen who has been adjudicated
an unruly
child,
delinquent
child, or
a juvenile traffic offender for having
committed
any act that if committed by an adult would be a drug
abuse
offense
as defined in section 2925.01 of the Revised Code,
or a
violation of division (B) of section 2917.11 of the Revised
Code
until the person reaches the age of eighteen years or
attends.
The registrar, in the registrar's discretion, may
terminate the suspension
if the child,
at
the discretion of the
court,
attends and satisfactorily completes a
drug
abuse or
alcohol abuse education, intervention, or treatment
program
specified by the court. Any person whose temporary
instruction
permit or probationary driver's license is suspended
under this
division shall mail or deliver the person's
permit or license
to
the registrar within fourteen days of notification of the
suspension. The registrar shall retain the permit or license
during
the
period of the suspension.
(C)(1)
A person is not entitled to request, and a court
shall
not grant to the person, occupational driving privileges
under
division
(C) of this section if
a person is convicted of,
pleads
guilty to, or is
adjudicated in juvenile court of having
committed
a third
violation of section 4511.12, 4511.13, 4511.15,
4511.20
to
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to
4511.65, or
4511.75 of the Revised Code or any similar municipal
ordinances,
and the
person, within the preceding
seven years, has
been
convicted of, pleaded guilty to, or
adjudicated in juvenile
court
of having committed three or more
violations of one or more
of the
following:
(a) Division (A) or (B) of section 4511.19 of the
Revised
Code;
(b) A municipal ordinance relating to operating a
vehicle
while under the influence of alcohol, a drug of abuse, or
alcohol
and a drug of abuse;
(c) A municipal ordinance relating to
operating a vehicle
with a prohibited concentration of alcohol in
the blood, breath,
or urine;
(d) Section 2903.04 of the Revised Code
in a case in which
the person was subject to the sanctions
described in division (D)
of that section;
(e) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or a municipal ordinance
that
is substantially similar to either of those divisions;
(f) Division
(A)(2), (3), or (4) of section 2903.06,
division (A)(2) of section 2903.08,
or former section 2903.07 of
the
Revised Code, or a municipal ordinance
that is substantially
similar to any of those divisions or that former
section, in a
case in which the jury or judge found that the person
was under
the influence of alcohol, a drug of abuse, or alcohol
and a drug
of abuse.
(2) For
Except as provided in division (C)(3) of this
section, for any
other person who is
not described in division
(C)(1) of this section and who is
convicted of, pleads guilty to,
or is adjudicated in juvenile
court of having committed a
second
or third violation of section
4511.12,
4511.13, 4511.15, 4511.20
to 4511.23, 4511.25, 4511.26 to
4511.48, 4511.57 to 4511.65, or
4511.75 of the Revised Code or
any similar municipal ordinances
and whose license or permit is suspended
under division (A)(1)(a)
or (c) of
this section, the
court in which the
second or third
conviction, finding, plea, or
adjudication
resulting in the
suspension was made, upon petition of the
person, may grant the
person
occupational
limited driving privileges
during the
period
during which the suspension otherwise would be imposed under
division
(A)(1)(a) or (c) of this section
if the court finds
that
the person will reach the person's eighteenth birthday
before the
period
of suspension required to be imposed under division (A)(1)
of
this section expires and further finds reasonable cause to
believe that the suspension, if continued beyond the person's
eighteenth birthday, will seriously affect the person's ability
to
continue in employment,
educational training, vocational
training,
or treatment.
The occupational driving
privileges granted under
this division shall be effective on the
person's eighteenth
birthday and during the period following such
birthday for which
the suspension otherwise would be
imposed. In
granting
occupational
the limited driving privileges, the court
shall
specify
the
purposes, times, and places
at which the person
may
drive
of the privileges and may impose
any other conditions upon
the person's
use of
driving a motor
vehicle
that the court
considers reasonable and necessary.
A court that grants
occupational
limited driving privileges
to a
person under this division shall retain the person's
probationary
driver's license, restricted license, or temporary
instruction permit during the period the
license or permit is
suspended and also during the period for which
occupational
limited driving privileges are granted, and shall
deliver to
the
person a permit card, in a form to be prescribed by the
court,
setting forth the date on which the
occupational
limited
driving
privileges will become effective,
the purposes for which the
person may
drive, the times and places at which
the person may
drive, and any other conditions imposed upon the
person's use of a
motor vehicle.
The court immediately shall notify the registrar, in
writing,
of a grant of
occupational
limited driving privileges
under this
division. The
notification shall specify the date on which the
occupational
limited
driving privileges will become effective,
the
purposes for which the person
may drive, the times and places at
which the person may drive, and any other conditions imposed upon
the person's use of a motor vehicle. The registrar shall not
suspend the probationary driver's license, restricted
license, or
temporary instruction permit
of any person pursuant to division
(A) of this section during any
period for which the person has
been granted
occupational
limited driving
privileges as provided
in this division, if the registrar has
received the notification
described in this division from the
court.
(2)
Except as provided in division (C)(3) of this
section,
in
any case in which the temporary instruction permit or
probationary
driver's license of a person under eighteen years of
age has been
suspended under
division (A) or (B) of this section
or any other
provision
of law, the
court may grant the person
limited driving
privileges for the purpose of the
person's
practicing of
driving
with the person's parent, guardian, or other
custodian during the
period of the suspension.
Any grant of
limited driving privileges
under this division shall
comply with
division (D) of section
4510.021 of the Revised Code.
(3) A court shall not grant limited driving privileges to a
person
identified in division (C)(1) or (2) of this section if the
person,
within the preceding six years, has been convicted of,
pleaded guilty to, or
adjudicated in juvenile court of having
committed three or more violations of
one or more of the divisions
or sections set forth in divisions
(G)(2)(b) to (g) of section
2919.22
of the Revised Code.
(D) If a
person who has been granted
occupational
limited
driving
privileges under division (C) of this section is convicted
of,
pleads guilty to, or is adjudicated in juvenile court of
having
committed, a violation of
section 4507.02
Chapter
4510. of
the Revised Code, or
a
fourth or subsequent violation of any of
the
other
sections of
the Revised Code listed in division
(A)(1)(a) of this section or any
similar municipal ordinance
during the period for which the
person was
granted
occupational
limited driving privileges, the court that
granted
the
occupational
limited driving privileges shall
revoke them
and
cancel
suspend
the person's permit card. The court or the clerk
of the court
immediately shall forward the person's probationary
driver's
license, restricted license, or temporary
instruction
permit together with written notification
of the court's action to
the registrar. Upon receipt of the
license or permit and
notification, the registrar shall
suspend
impose a class C
suspension of the
person's probationary driver's license,
restricted
license, or temporary instruction permit for
a
the
period of
one year
time specified in division (B)(3) of section
4510.02 of the
Revised Code. The registrar shall retain
the
license or permit
during the period of suspension, and no further
occupational
limited
driving privileges shall be granted during
that period.
(E) No application for a driver's or commercial driver's
license shall be received from any person whose probationary
driver's license, restricted license, or temporary
instruction
permit has been suspended under
this section until
each of the
following has occurred:
(1) The suspension period has expired;
(2) A temporary
instruction permit or commercial driver's
license temporary
instruction permit has been issued;
(3) The person successfully completes a juvenile driver
improvement program approved by the registrar under
division
(F)
of this section
4510.311
of the Revised
Code;
(4) The
applicant has
submitted to the examination for a
driver's license as provided
for in section 4507.11 or a
commercial driver's license as
provided in Chapter 4506. of the
Revised Code.
(F) The registrar shall establish standards for juvenile
driver
improvement programs and shall approve any such programs
that meet the
established standards. The standards established by
the registrar shall
require a minimum of five hours of classroom
instruction, with at least three
hours devoted to driver skill
requirements and two hours devoted to juvenile
driver information
related to the driving records of drivers under the age of
eighteen, driver perceptions, and the value of the traffic laws.
The standards also shall require a person whose probationary
driver's
license was suspended under this section to undertake and
pass, as successful
completion of an approved juvenile driver
improvement program, the driver's
license examination that a
person who holds a temporary instruction permit is
required to
undertake and pass in order to be issued a probationary driver's
license. The person shall pay the applicable fee that is required
to
accompany
an application for a driver's license as prescribed
in division
(E) of section 4507.23 of the
Revised Code.
The
registrar
shall prescribe the requirements for the curriculum to
be provided as well as
other program directives. Only those
programs approved by the registrar shall
be acceptable for
reinstatement of the driving privileges of a person whose
probationary driver's license was suspended under this section.
Sec. 4510.311. The registrar of motor vehicles shall
establish
standards for juvenile driver improvement programs and
shall approve any
programs that meet the established standards.
The standards
established by the registrar shall require a minimum
of five hours
of classroom instruction, with at least three hours
devoted to
driver skill requirements and two hours devoted to
juvenile driver
information related to the driving records of
drivers under
eighteen years of age, driver perceptions, and the
value of the traffic
laws. The standards also shall require a
person whose
probationary driver's license was suspended under
section 4510.31
of the Revised Code to undertake and pass, as
successful
completion of an approved juvenile driver improvement
program, the driver's
license examination that a person who holds
a temporary instruction permit is
required to undertake and pass
in order to be issued a
probationary driver's license. The person
shall pay the
applicable fee that is required to accompany an
application for a
driver's license as prescribed in division (E)
of section 4507.23
of the Revised Code. The registrar shall
prescribe the
requirements for the curriculum to be provided as
well as other
program directives. Only those programs approved by
the registrar
shall be acceptable for reinstatement of the driving
privileges of
a person whose probationary driver's license was
suspended under
section 4510.31 of the Revised Code.
Sec. 4507.061
4510.32. (A) The registrar of motor vehicles
shall record within ten days of receipt and keep at the main
office of
the bureau of motor vehicles all information provided to
the
registrar by
the superintendent of a school district in
accordance with
division (B) of section 3321.13 of the Revised
Code.
(B) Whenever the registrar receives a notice under
division
(B) of section 3321.13 of the Revised Code, the
registrar shall
suspend
impose a class F suspension of
the temporary instruction
permit or driver's license of
the person who is the subject of the
notice
for the period of time
specified in division (B)(6) of
section 4510.02 of the Revised Code, or,
if the person has not
been issued
such a
temporary instruction
permit or
driver's
license, the registrar shall
deny to the person the issuance of a
temporary instruction
permit or
driver's license. The
requirements of the second paragraph
of
section 119.06 of the
Revised Code do not apply to a suspension
of a person's temporary
instruction permit or driver's license
or
a denial of a person's
opportunity to obtain a temporary
instruction permit or driver's
license by the registrar under
this division.
(C) Upon suspending the temporary instruction permit or
driver's license of any person or denying any person the
opportunity to be issued such a license or permit as provided in
division (B) of this section, the registrar immediately shall
notify the person in writing of the suspension or denial and
inform the person that the person may
petition for a hearing as
provided in
division (E) of this section.
(D) Any person whose permit or license is suspended under
this section shall mail or deliver the person's permit or
license
to the registrar of motor vehicles within twenty days of
notification
of the suspension; however, the person's permit or
license and the
person's
driving privileges shall be suspended
immediately upon receipt
of the notification. The registrar may
retain the permit or
license during the period of the suspension
or the registrar
may destroy it
under section
4507.54
4510.52 of
the Revised Code.
Any
such suspension of a person's permit or
license or denial of a person's
opportunity to obtain a permit or
license under this section
shall remain in effect until the person
attains eighteen years
of age or until it is terminated prior to
the child's attainment of
that age pursuant to division (F) of
this section.
(E) Any person whose temporary instruction permit or
driver's license has been suspended, or whose opportunity to
obtain such a permit or license has been denied pursuant to this
section, may file a petition in the juvenile court in whose
jurisdiction the person resides alleging error in the action
taken
by the registrar
of motor vehicles under division (B) of
this
section or alleging one or more of the matters within the
scope of
the hearing, as described in this division, or both.
The
petitioner shall notify the registrar and the superintendent
of
the school district who gave the notice to the registrar and
juvenile judge under division (B) of section 3321.13 of the
Revised Code of the filing of the petition and send them copies
of
the petition. The scope of the hearing is limited to the
issues
of whether the notice given by the superintendent to the
registrar
was in error and whether the suspension or denial of
driving
privileges will result in substantial hardship to the
petitioner.
The registrar shall furnish the court a copy of the record
created in accordance with division (A) of this section. The
registrar and the superintendent shall furnish the court with any
other relevant information required by the court.
In hearing the matter and determining whether the
petitioner
has shown that the petitioner's temporary
instruction permit or
driver's license should not be suspended or that the
petitioner's
opportunity
to obtain such a permit or license should not be
denied, the
court shall decide the issue upon the information
furnished by
the registrar and the superintendent and any such
additional
evidence that the registrar, the superintendent, or the
petitioner submits.
If the court finds from the evidence submitted that the
petitioner has failed to show error in the action taken by the
registrar under division (B) of this section and has failed to
prove any of the matters within the scope of the hearing, then
the
court may assess the cost of the proceeding against the
petitioner
and shall uphold the suspension of the
petitioner's permit or
license or the denial of the petitioner's opportunity to
obtain a
permit or
license. If the court finds that the petitioner has
shown error
in the action taken by the registrar under division
(B) of this
section or has proved one or more of the matters
within the scope
of the hearing, or both, the cost of the
proceeding shall be paid
out of the county treasury of the county
in which the proceedings
were held, and the suspension of the
petitioner's permit or
license or the denial of the person's
opportunity to obtain a
permit or license shall be terminated.
(F) The registrar shall cancel the record created under
this
section of any person who is the subject of a notice given
under
division (B) of section 3321.13 of the Revised Code and
shall
terminate the suspension of the person's permit or license
or the
denial of the person's opportunity to obtain a permit or
license,
if any of the following applies:
(1) The person is at least eighteen years of age.
(2) The person provides evidence, as the registrar shall
require by rule, of receipt of a high school diploma or a general
educational development certificate of high school equivalence.
(3) The superintendent of a school district informs the
registrar that the notification of withdrawal, habitual absence
without legitimate excuse, suspension, or expulsion concerning
the
person was in error.
(4) The suspension or denial was imposed subsequent to a
notification given under division (B)(3) or (4) of section
3321.13
of the Revised Code, and the superintendent of a school district
informs the registrar that the person in question has satisfied
any terms or conditions established by the school as necessary to
terminate the suspension or denial of driving privileges.
(5) The suspension or denial was imposed subsequent to a
notification given under division (B)(1) of section 3321.13 of
the
Revised Code, and the superintendent of a school district
informs
the registrar that the person in question is now
attending school
or enrolled in and attending an approved program
to obtain a
diploma or its equivalent to the satisfaction of the
school
superintendent.
(6) The suspension or denial was imposed subsequent to a
notification given under division (B)(2) of section 3321.13 of
the
Revised Code, the person has completed at least one semester
or
term of school after the one in which the notification was
given,
the person requests the superintendent of the school
district to
notify the registrar that the person no longer is
habitually
absent without legitimate excuse, the superintendent
determines
that the person has not been absent from school
without legitimate
excuse in the current semester or term, as
determined under that
division, for more than ten consecutive
school days or for more
than fifteen total school days, and the
superintendent informs the
registrar of that fact. If a person
described in division (F)(6)
of this section requests the
superintendent of the school district
to notify the registrar
that the person no longer is habitually
absent without
legitimate
excuse and the superintendent makes the
determination described
in this division, the superintendent shall
provide the
information described in division (F)(6) of this
section to
the registrar within five days after receiving the
request.
(7) The suspension or denial was imposed subsequent to a
notification given under division (B)(2) of section 3321.13 of
the
Revised Code, and the superintendent of a school district
informs
the registrar that the person in question has received
an
age and
schooling certificate in accordance with section 3331.01
of the
Revised Code.
(8) The person filed a petition in court under division
(E)
of this section and the court found that the person showed
error
in the action taken by the registrar under division (B) of
this
section or proved one or more of the matters within the
scope of
the hearing on the petition, as set forth in division
(E) of this
section, or both.
At the end of the suspension period under this section and
upon the request of the person whose temporary instruction
permit
or driver's license was suspended, the registrar shall return
the
driver's license or permit to the person or reissue the person's
license or permit under section
4507.54
4510.52 of the Revised
Code, if the registrar destroyed the suspended license or permit
under
that section.
Sec. 4507.163
4510.33. (A)
Any
No person of
insufficient
age to
purchase intoxicating liquor or beer
who, contrary to
division
(A) or (C) of section 4507.30 of the Revised Code,
displays
shall
display as
proof that the person is of sufficient
age to purchase
intoxicating
liquor or beer, a driver's or
commercial driver's license,
knowing the same to be fictitious,
altered, or not the
person's own, shall
thereby forfeit the
driving privileges authorized by.
The
registrar of motor vehicles
shall impose a class C suspension of
the
person's
own
driver's
license, probationary driver's license, commercial
driver's
license,
temporary instruction permit, or commercial driver's
license
temporary instruction permit
and be denied the issuance or
reissuance of any such license or permit by the registrar of
motor
vehicles for one year beginning with the date on which
notification of such forfeiture and denial is mailed to the
person
by the registrar
for the period of time specified in division
(B)(3) of section 4510.02 of the Revised Code upon
the offender
and shall not issue or reissue a license or permit of that type
to
the offender during the suspension period.
(B) In any prosecution, or in any proceeding before the
liquor control commission, in which the defense authorized by
section 4301.639 of the Revised Code is sustained, the clerk of
the court in which the prosecution was had, or the clerk of
the
liquor control commission, shall certify to the registrar the
facts
ascertainable from the clerk's
records evidencing violation
of division (A) or (C) of section 4507.30 of
the Revised Code by a
person of insufficient age to purchase
intoxicating liquor or
beer, including in the certification
the person's name and
residence address.
(C) The registrar, upon receipt of
the certification, shall
suspend the person's
license or permit to
drive subject to review
as provided in this section, and shall
mail to the person, at the
person's last
known address, a
notice of the suspension and of the
hearing provided in division (D) of this
section.
(D) Any person whose license or permit to drive has been
suspended under this section, within twenty days of the
mailing of
the notice provided above, may file a petition in the
municipal
court or county court, or in case the person is
under the age of
eighteen years, in the juvenile court, in whose
jurisdiction the
person resides, agreeing to pay the cost
of the proceedings, and
alleging error by the registrar in the suspension of
the
license
or permit to drive, or
in one or more of the matters within the
scope of the hearing as
provided in this section, or both. The
petitioner shall
notify the registrar of the filing of the
petition and send the
registrar a copy thereof. The scope of the
hearing shall be limited to whether a
court of record did in fact
find that the petitioner displayed,
or, if the original
proceedings were before the liquor control
commission, whether the
petitioner did in fact display, as proof
that the person was of
sufficient age to purchase
intoxicating liquor or
beer, a driver's
or commercial driver's license knowing the same
to be fictitious,
altered, or not the person's own, and
whether the person was at
that time of insufficient age legally to make a purchase of
intoxicating liquor or beer.
(E) In any hearing authorized by this section, the
registrar
shall be represented by the
prosecuting attorney of the county
where the petitioner resides.
(F) If the court finds from the evidence submitted that
the
person has failed to show error in the action by the
registrar or
in one or more of the matters
within the scope of the hearing as
limited in division (D) of
this section, or both, the court shall
assess the cost of the
proceeding against the person and shall
impose the
suspension provided in divisions (A) and (C) of this
section. If the court
finds that the person has shown error in
the action taken
by the registrar, or in one or more of the
matters within the scope of
the hearing as limited in division (B)
of this section, or both,
the cost of the proceeding shall be paid
out of the county
treasury of the county in which the proceedings
were held, and
the suspension provided in divisions (A) and (C) of
this section
shall not be imposed. The court shall inform the
registrar in writing of the
action taken.
Sec. 4507.167
4510.34. (A) The registrar of motor vehicles
shall
revoke
impose a class F suspension for the period of time
specified in division (B)(6) of section 4510.02 of the Revised
Code of the probationary motorized bicycle license issued to any
person when the person has been convicted of, pleaded no contest
to and been found guilty of, or pleaded guilty to, in any court
of
competent jurisdiction, or has been adjudicated in juvenile
court
of having committed, a violation of division (A) or (D) of
section
4511.521 of the Revised Code, or of any other section of
the
Revised Code or similar municipal ordinance for which points
are
chargeable under section
4507.021
4510.036 of the Revised Code.
(B) Any person whose license is
revoked
suspended under this
section
shall mail or deliver
his
the person's probationary
motorized
bicycle license
to the registrar within fourteen days of
notification of
such
revocation
the suspension. The registrar
shall retain
such
the
license during the
period of
revocation. Any
such revocation
shall remain in effect
until the person reaches
sixteen years of
age
suspension.
(C) No application for a motorized bicycle license or
probationary motorized bicycle license shall be received from any
person whose probationary motorized bicycle license has been
revoked
suspended under this section until the person reaches
sixteen years
of age.
Sec. 4507.38
4510.41. (A) As used in this section:
(1) "Arrested person" means a person who is arrested for a
violation of
division (B)(1) or (D)(2) of section 4507.02 or
section
4507.33
4510.14, 4510.16,
or
4511.203 of the
Revised Code,
or a municipal ordinance that is substantially
equivalent to any
of
those
Revised Code provisions
sections, and whose arrest
results
in a
vehicle being seized under division (B) of this
section.
(2) "Vehicle owner" means either of the following:
(a) The person in whose name is registered, at the time of
the seizure, a
vehicle that is seized under division (B) of this
section;
(b) A person to whom the certificate of title to a
vehicle
that is seized under division (B) of this section has been
assigned and who has not obtained a certificate of title to the
vehicle in that person's name, but who is deemed by the court as
being the
owner of the vehicle at the time the vehicle was seized
under division
(B) of this section.
(3) "Interested party" includes the owner of a vehicle
seized under this
section, all lienholders
of such a vehicle, the
arrested person, the
owner of
the place of storage at which a
vehicle seized under this section is
stored, and the person or
entity that caused the vehicle to be
removed.
(B)(1) If a person is arrested for a violation of
division
(B)(1) or (D)(2) of section 4507.02 or section
4507.33
4510.14,
4510.16,
or
4511.203 of the Revised
Code, or a municipal ordinance
that is substantially equivalent to any
of those
Revised Code
provisions
sections, the arresting officer
or another
officer of
the law enforcement agency that employs the arresting officer, in
addition to any action that the arresting officer is required or
authorized to take by any other provision of law, shall seize the
vehicle that the person was operating at the time of,
or that was
involved in, the alleged
offense
if the vehicle is registered in
the arrested person's name and
its license plates.
Except as
otherwise provided in
this division, the officer shall seize the
vehicle and its license
plates regardless of whether the vehicle
is
registered in the name of the arrested person or in
the name of
another person or entity. This section does not apply to or
affect any rented or leased vehicle that is being rented or
leased
for a period of thirty days or less, except
that a
A law
enforcement agency that employs a law enforcement
officer who
makes an arrest of a type that is described in
this
division
(B)(1) of this section and that involves a rented or
leased
vehicle
of this type
that is being rented or leased for a
period
of thirty days or less shall notify, within
twenty-four hours
after the officer makes the arrest, the lessor or owner of
the
vehicle regarding the circumstances of
the arrest and the location
at which the vehicle may be picked
up. At the time of the seizure
of the vehicle, the law
enforcement officer who made the arrest
shall give the arrested
person written notice that the vehicle and
its
license plates have been seized; that the vehicle either will
be
kept by the officer's law enforcement agency or will be
immobilized at least until the person's initial appearance on the
charge of the offense for which the arrest was made; that, at the
initial appearance, the court in certain circumstances may order
that the vehicle and license plates be released to
the
vehicle
owner
arrested person until the disposition of that
charge; that,
if
the arrested person is convicted of that charge, the court
generally must order the immobilization of the vehicle and the
impoundment of its license plates or the forfeiture of the
vehicle; and that, if the arrested person
is not the vehicle
owner, the arrested person immediately should inform the vehicle
owner that the vehicle and its license plates have been seized
and
that the vehicle owner may be able to obtain their release at the
initial appearance or thereafter
may be charged expenses or
charges
incurred under this section and section 4503.233 of the
Revised
Code for the removal and storage of the vehicle.
(2) The arresting officer or a law enforcement officer of
the agency
that employs the arresting officer shall give written
notice of the seizure to
the court that will conduct the initial
appearance of the arrested person
the arrested person
on the
charges arising out of the arrest.
The notice shall be given when
the charges are
filed against the arrested person. Upon receipt
of the notice, the
court promptly shall determine whether the
arrested person is the
vehicle owner
and whether there are any
liens recorded on the
certificate of title to the vehicle. If the
court determines that the
arrested person is not the vehicle
owner, it promptly shall send by regular
mail written notice of
the seizure
of the motor vehicle to the
vehicle
vehicle's
registered owner
and to all lienholders recorded on the
certificate of title. The
written
notice
to the vehicle owner and
lienholders shall contain all of the
information
required by
division (B)(1) of this section to be in a notice to
be given to
the arrested person and also shall specify the date,
time, and
place of the arrested person's initial appearance
the arrested
person.
The notice also shall inform the vehicle owner that if
title
to a motor vehicle
that is subject to an order for
criminal
forfeiture under this section is assigned or
transferred and
division (B)(2) or (3) of section 4503.234 of the Revised Code
applies, the court may fine the arrested person the value of the
vehicle. The notice
to the vehicle owner
also shall state that if
the vehicle is immobilized under
division (A) of section 4503.233
of the Revised
Code, seven days after the end
of the period of
immobilization a law enforcement agency will
send the vehicle
owner a notice, informing the owner that if
the
owner does not
obtain the release of the vehicle
is not
obtained in
accordance
with division (D)(3)
of section 4503.233 of the Revised Code, the
vehicle shall be
forfeited. The notice also shall inform the
vehicle owner that
the owner may be charged expenses or charges
incurred
under this section and section 4503.233 of the
Revised
Code for the removal and storage of the vehicle.
The written notice that is given
or delivered to the
vehicle
owner
arrested person also shall state
that if the
arrested person
pleads guilty to or is convicted of
or pleads guilty to the
offense
for which the arrested person was arrested and the court
issues an
immobilization and impoundment order relative to that
vehicle, division (D)(4)
of section 4503.233 of the Revised Code
prohibits the vehicle from being sold
during the period of
immobilization without the prior approval of the court.
(3) At or before the initial appearance, the vehicle
owner
may file a motion requesting the court to order that the
vehicle
and its license plates be released to the vehicle owner. Except
as
provided in this division and subject to the payment
of
expenses or charges incurred in the removal and storage of
the
vehicle, the court, in its discretion, then may issue an
order
releasing the vehicle and its license plates to the
vehicle owner.
Such an order may be conditioned upon such terms
as the court
determines appropriate, including the posting of a
bond in an
amount determined by the court. If the arrested
person is not the
vehicle owner and if the vehicle owner is not
present at the
arrested person's initial appearance, and if the
court believes
that the vehicle owner was not provided with
adequate notice of
the initial appearance, the court, in its
discretion, may allow
the vehicle owner to file a motion within
seven days of the
initial appearance. If the court allows the
vehicle owner to file
such a motion after the initial
appearance, the extension of time
granted by the court does not
extend the time within which the
initial appearance is to be
conducted. If the court issues an
order for the release of the
vehicle and its license plates, a
copy of the order shall be
made available to the vehicle owner.
If
the vehicle owner
presents a copy of the order to the law
enforcement agency that
employs the law enforcement officer who
arrested the
arrested person
who
was operating the vehicle, the
law enforcement agency promptly
shall release the vehicle and its
license plates to the vehicle
owner upon payment by the vehicle
owner of any expenses or
charges incurred in the removal or
storage of the vehicle.
(4) A vehicle seized under division (B)(1) of this section
either shall be towed to a place specified by the law enforcement
agency that employs the arresting officer to be safely kept by
the
agency at that place for the time and in the manner specified
in
this section or shall be otherwise immobilized for the time and in
the
manner specified in this section. A law enforcement officer
of
that agency shall remove the identification license plates of
the
vehicle, and they shall be safely kept by the agency for the
time
and in the manner specified in this section. No vehicle that
is
seized and either towed or immobilized pursuant to this
division
shall be considered contraband for purposes of section
2933.41,
2933.42, or 2933.43 of the Revised Code. The vehicle
shall not
be immobilized at any place other than a commercially
operated
private storage lot, a place owned by a law enforcement
or other
government agency, or a place to which one of the
following
applies:
(a) The place is leased by or otherwise under the control
of
a law enforcement or other government agency.
(b) The place is owned by the arrested person, the
arrested
person's spouse, or a parent or child of the arrested
person.
(c) The place is owned by a private person or entity, and,
prior to the immobilization, the private entity or person that
owns the place, or the authorized agent of that private entity or
person, has given express written consent for the immobilization
to be carried out at that place.
(d) The place is a public street or highway on which the
vehicle is parked in accordance with the law.
(C)(1) A vehicle
that is seized under division
(B) of this
section shall be safely kept at the place to which it
is towed or
otherwise moved by the law enforcement agency that employs the
arresting officer until the initial appearance of the arrested
person
relative to the charge
the arrested person in
question.
The
license plates of
the vehicle that are removed pursuant to
division (B) of this
section shall be safely kept by the law
enforcement agency that
employs the arresting officer until at
least the initial appearance of the
arrested person relative to
the charge in question.
(2)(a)
the owner's the owner the owner the owner's the owner
the owner's
the owner's the arrested person the vehicle owner's
the owner's the owner's
the arrested person the court also shall
notify the arrested person, and the
movant if the movant is not
the arrested person, that if title to a motor
vehicle that is
subject to an order for criminal forfeiture under this section
is
assigned or transferred and division (C)(2) or (3) of section
4503.234
of the Revised Code applies, the court may fine the
offender the value of the
vehicle. the owner's
At the initial
appearance or not less than seven
days prior to the date of final
disposition, the court
shall notify the arrested person that, if
title to
a motor
vehicle that is subject to an order for criminal
forfeiture under this section
is assigned or transferred and
division (B)(2) or (3) of
section 4503.234
of the Revised Code
applies, the court may fine the
arrested person the value
of the
vehicle. If, at the initial appearance, the
arrested
person
pleads guilty to the violation of
division (B)(1)
or (D)(2) of
section 4507.02 or section
4507.33
4510.14, 4510.16,
or
4511.203
of the Revised Code, or a
municipal ordinance that is
substantially
equivalent to any of those
Revised Code provisions
sections or
pleads no contest to and is convicted of the
violation, the court
shall impose sentence upon the
arrested
person as provided by law
or ordinance; the court, except as
provided in this division and
subject to section 4503.235 of the
Revised Code, shall order the
immobilization of the vehicle the
arrested person was operating at
the time of, or
that was involved
in, the offense
if registered in the arrested person's
name and
the impoundment of its
license plates under section 4503.233 and
section
4507.361 or
4507.99
4510.14, 4510.16, 4510.161,
or
4511.203
of
the Revised Code or the criminal forfeiture to the
state of the vehicle
if registered in the arrested person's name
under
section 4503.234 and
section
4507.361
or 4507.99
4510.14,
4510.16, 4510.161,
or
4511.203
of the Revised Code, whichever is
applicable; and the
vehicle and its
identification license plates
shall not be
returned or released to the
vehicle owner
arrested
person.
If the arrested person is not the
vehicle owner and the
vehicle owner the owner's is not present at the
arrested person's
initial appearance
and if the court believes that the vehicle
owner was not provided
adequate notice of the initial appearance,
the court, in its
discretion, may refrain for a period of time not
exceeding
seven days from
ordering the immobilization of the
vehicle and the impoundment of
its license plates or the criminal
forfeiture of the vehicle so that the
vehicle owner the owner's
may appear before the court to present
evidence as to why the
court should not order the immobilization
of the vehicle and the
impoundment of its license plates or the
criminal forfeiture of
the vehicle. If the court
refrains from ordering the
immobilization of the vehicle and the
impoundment of its license
plates or the criminal forfeiture of the vehicle,
section 4503.235
of the Revised Code
applies relative to the order of
immobilization and impoundment
or the order of forfeiture.
(b) If, at any time, the charge that the
arrested person
violated
division (B)(1) or (D)(2) of section
4507.02 or section
4507.33
4510.14, 4510.16,
or
4511.203 of the Revised Code, or a
municipal
ordinance that is substantially equivalent to
any of
those
Revised Code provisions
sections is dismissed
for any
reason, the court shall order that the vehicle seized at
the time
of the arrest and its license plates
immediately be released to
the
vehicle owner subject to
the payment of expenses or the
owner's charges incurred in the removal
and storage of the vehicle
person.
(D) If a vehicle
is
and its license plates are seized under
division (B) of this section
the arrested person and
it is
are not
returned
or
released to the
vehicle owner
the owner's
arrested
person pursuant to division (C) of this
section, the vehicle and
its license plates shall be retained
until the final disposition
of the charge in question. Upon the
final disposition of that
charge, the court shall do whichever of
the following is
applicable:
(1) If the arrested person is convicted of or pleads
guilty
to the violation of
division (B)(1) or (D)(2) of section
4507.02
or section
4507.33
4510.14, 4510.16,
or
4511.203 of the Revised
Code, or a municipal
ordinance that is substantially equivalent to
any of those
Revised Code provisions
sections, the court
shall
impose sentence upon the
arrested person as provided by law
or
ordinance and, subject to section 4503.235 of the Revised
Code,
shall order the immobilization of the vehicle the
arrested
person
was operating at the time of, or that was involved in, the offense
if it is registered in the arrested person's name and the
impoundment
of its license plates under section 4503.233
and
section
4507.361 or 4507.99
4510.14, 4510.16, 4510.161,
or
4511.203 of the Revised Code or the
criminal forfeiture of the
vehicle
if it is registered in the arrested
person's name under
section
4503.234 and section
4507.361 or 4507.99
4510.14, 4510.16,
4510.161,
or
4511.203 of the
Revised Code,
whichever is
applicable.
(2) If the arrested person is found not guilty of the
violation of
division (B)(1) or (D)(2) of section 4507.02 or
section
4507.33
4510.14, 4510.16,
or
4511.203 of the
Revised Code,
or a municipal ordinance that is substantially
equivalent to any
of
those
Revised Code provisions
sections, the court shall order
that
the vehicle and its license plates immediately be
released to
the
vehicle owner upon the payment of any
expenses or the owner's
charges incurred in its removal and storage
arrested person.
(3) If the charge that the arrested person violated
division
(B)(1) or (D)(2) of section 4507.02 or section
4507.33
4510.14,
4510.16,
or
4511.203 of
the Revised Code, or a municipal ordinance
that is substantially equivalent
to any of those
Revised Code
provisions
sections is dismissed
for any reason, the
court shall
order that the vehicle and its license
plates immediately be
released to the
vehicle owner upon
the payment of any expenses or
the owner's charges incurred in its
removal and storage
arrested
person.
the arrested person the owner's the owner's the arrested
person
(4)
If the impoundment of the vehicle was not authorized
under
this section, the court shall order that the vehicle and its
license plates be
returned immediately to the arrested person or,
if the arrested person is not
the vehicle owner, to the vehicle
owner and shall order that the state or
political subdivision of
the law enforcement agency served by the law
enforcement officer
who seized the vehicle pay all expenses and charges
incurred in
its removal and storage.
(E) If a vehicle is seized under division (B) of this
section, the time between the seizure of the vehicle and either
its release to the
vehicle owner the owner's
arrested person
pursuant to division (C) of this section or the issuance of an
order of immobilization of the vehicle under section 4503.233 of
the Revised
Code shall be credited against the period
of
immobilization ordered by the
court.
(F)(1)
The vehicle owner
Except as provided in division
(D)(4) of this section, the arrested person may be charged
expenses or charges
incurred in the removal and storage of the
immobilized vehicle.
The court with jurisdiction over the case,
after notice to all
interested parties, including lienholders, and
after an
opportunity for them to be heard,
if the vehicle owner
fails to
appear in person, without good cause, or if the court
finds that
the
vehicle owner
arrested person does not intend to
seek
release of the vehicle
at the end of the period of
immobilization under section 4503.233
of the Revised Code or that
the
vehicle owner
arrested person is
not or will not
be able to
pay the expenses and charges incurred in its removal
and storage,
may order that title to the vehicle be transferred,
in order of
priority, first into the name of the person or entity
that removed
it, next into the name of a lienholder, or lastly
into the name of
the owner of the place of storage.
Any lienholder that receives title under a court
order shall
do so on the condition that it pay any expenses or
charges
incurred in the vehicle's removal and storage. If the person or
entity that receives title to the vehicle is the person or entity
that removed
it, the person or entity shall receive title on the
condition that it pay any
lien on the vehicle. The court
shall
not order that title be transferred to any person or entity
other
than the owner of the place of storage if the person or
entity
refuses to receive the title. Any person or entity that
receives
title either may keep title to the vehicle or may
dispose of the
vehicle in any legal manner that it considers
appropriate,
including assignment of the certificate of title to
the motor
vehicle to a salvage dealer or a scrap metal processing
facility.
The person or entity shall not
transfer the vehicle
to the person
who is the vehicle's immediate previous
owner.
If the person or entity
that receives title assigns the motor
vehicle
to a
salvage dealer or scrap metal processing facility,
the person or
entity shall send the assigned certificate of title
to the motor
vehicle to the clerk of the court of common pleas of
the county
in which the salvage dealer or scrap metal processing
facility
is located. The person or entity shall mark the face of
the
certificate of title with the words "FOR DESTRUCTION" and
shall
deliver a photocopy of
the certificate of title to the
salvage dealer or scrap metal
processing facility for its records.
(2) Whenever a court issues an order under division (F)(1)
of this
section, the court also shall order removal of the license
plates
from the vehicle and cause them to be sent to the registrar
if
they have not already been sent to the registrar. Thereafter,
no further
proceedings shall take place under this section or
under section
4503.233 of the Revised Code.
(3) Prior to initiating a proceeding under division (F)(1)
of this section, and upon payment of the fee under division (B) of
section 4505.14, any interested party may cause a search to be
made of the public records of the bureau of motor vehicles or the
clerk of the court of common pleas, to ascertain the identity of
any lienholder of the vehicle. The initiating party shall
furnish
this information to the clerk of the
court with jurisdiction over
the case, and the clerk shall provide
notice to the
vehicle owner,
the defendant
arrested person, any lienholder, and any other
interested parties
listed by the initiating party, at the last
known address
supplied by the initiating party, by certified mail,
or, at the
option of the initiating party, by personal service or
ordinary
mail.
Sec. 4510.43. (A)(1)
The director of public safety, upon
consultation with the director of health and in accordance with
Chapter 119. of the Revised Code,
shall certify immobilizing and
disabling devices and shall publish and make
available to the
courts, without charge, a list of
approved devices together with
information about the manufacturers
of the devices and where they
may be obtained. The manufacturer of an
immobilizing or disabling
device shall pay the cost of
obtaining the certification of the
device
to the director of
public safety, and the director shall
deposit the payment in the drivers'
treatment and
intervention
fund established by sections 4511.19 and 4511.191 of
the Revised
Code.
(2) The director of public safety, in accordance with
Chapter
119. of the Revised Code, shall adopt and publish rules
setting
forth the requirements for obtaining the certification of
an
immobilizing or disabling device. The director of public
safety shall not
certify an immobilizing or disabling
device under
this section unless it meets the requirements specified and
published by the director in the rules adopted pursuant to this
division. A certified device may consist of an
ignition interlock
device, an ignition blocking device initiated
by time or magnetic
or electronic encoding, an activity monitor,
or any other device
that reasonably assures compliance with an
order granting limited
driving privileges.
The requirements for an immobilizing or disabling device that
is
an ignition interlock device shall include provisions for
setting a
minimum and maximum calibration range and shall include,
but shall not
be limited to, specifications that the device
complies with all of
the following:
(a)
It does not impede the safe operation of the vehicle.
(b)
It has features that make circumvention difficult and
that do
not interfere with the normal use of the vehicle.
(c)
It correlates well with established measures of alcohol
impairment.
(d)
It works accurately and reliably in an unsupervised
environment.
(e)
It is resistant to tampering and shows evidence of
tampering
if tampering is attempted.
(f)
It is difficult to circumvent and requires premeditation
to
do so.
(g)
It minimizes inconvenience to a sober user.
(h)
It requires a proper, deep-lung breath sample or other
accurate measure of the concentration by weight of alcohol in the
breath.
(i)
It operates reliably over the range of automobile
environments.
(j)
It is made by a manufacturer who is covered by product
liability insurance.
(3) The director of public safety may adopt, in whole or in
part,
the guidelines, rules, regulations, studies, or independent
laboratory
tests performed and relied upon by other states, or
their agencies or
commissions, in the certification or approval of
immobilizing or
disabling devices.
(4) The director of public safety shall adopt rules in
accordance
with Chapter 119. of the Revised Code for the
design of
a warning
label that shall be affixed to each immobilizing or
disabling
device upon installation. The label shall contain a
warning that
any person tampering, circumventing, or otherwise
misusing the
device is subject to a fine, imprisonment, or both
and may be
subject to civil liability.
(B)
A court considering the use of a prototype device in a
pilot
program shall advise the director of public safety, thirty
days before the
use, of the prototype device and its protocol,
methodology, manufacturer, and licensor, lessor, other agent, or
owner, and the length of the court's pilot program. A prototype
device shall not be used for a violation of section 4510.14
or
4511.19 of the Revised Code, a violation of a municipal OVI
ordinance, or in relation to a
suspension
imposed under section
4511.191 of the Revised
Code. A court that
uses a prototype
device in a pilot program,
periodically during
the existence of
the program and within fourteen days
after
termination of the
program, shall report in writing to the
director of
public safety
regarding the effectiveness of the
prototype device and the
program.
(C)
If a person has been
granted limited driving privileges
with a condition of the privileges being
that the motor vehicle
that is
operated under the privileges must be equipped with an
immobilizing or
disabling device, all of the
following apply:
(1) If a motor vehicle to be driven under the limited
driving
privileges is owned by the person's employer and if the
person is
required to operate that motor vehicle
in the course and
scope of the offender's employment, the person may operate
that
vehicle without the installation of an immobilizing or
disabling
device, provided that the employer has been notified
that the
person has limited driving privileges and of the nature
of the
restriction and that the person has proof of the
employer's
notification in the person's possession while
operating the
employer's vehicle for normal business duties. A
motor vehicle
owned by a business that is partly or entirely owned
or controlled
by a person with limited driving privileges is
not a motor vehicle
owned by an employer, for purposes of this
division.
(2) If the motor vehicle to be driven under the limited
driving
privileges is registered in a state other than this state,
instead of
installing on that vehicle an immobilizing or disabling
device,
the person with the limited driving privileges shall
display on
the vehicle a decal, as prescribed by the registrar of
motor
vehicles, that states that the vehicle is subject to limited
driving privileges in this state and that describes the
restriction. The decal shall be displayed on the bottom left
corner
of the back window of the vehicle or, if there is no back
window, on the bottom left corner of the windshield of the
vehicle.
Sec. 4510.44. (A)(1)
No offender with limited driving
privileges,
during any period that the offender is required to
operate only a motor
vehicle equipped with an
immobilizing or
disabling device, shall request or permit any
other person to
breathe into the device if it is an ignition interlock device
or
another type of device that monitors the concentration of alcohol
in a
person's breath or to otherwise start the motor
vehicle
equipped with the device, for the purpose of providing the
offender
with an
operable motor vehicle.
(2)(a)
Except as provided in division
(A)(2)(b)
of this
section,
no person shall breathe into an immobilizing or disabling
device that is an
ignition interlock device or another type of
device that monitors the
concentration of alcohol in a person's
breath or otherwise start a
motor vehicle equipped with an
immobilizing or disabling device, for the
purpose of providing
an
operable motor vehicle to an offender with limited driving
privileges who is permitted to operate only a motor vehicle
equipped with an
immobilizing or disabling device.
(b)
Division (A)(2)(a)
of this section
does not apply to a
person in the following circumstances:
(i) The person is an
offender with limited driving
privileges.
(ii) The person breathes into an
immobilizing or
disabling
device that is an ignition interlock
device or another type of
device that monitors the concentration
of alcohol in a person's
breath or
otherwise starts a motor
vehicle equipped with an
immobilizing or
disabling
device.
(iii) The person breathes into the device or starts the
vehicle for the
purpose of providing the person with an
operable
motor vehicle.
(3) No unauthorized person shall tamper with or circumvent
the
operation of an immobilizing or disabling device.
(B)
Whoever violates this section is guilty of an
immobilizing or
disabling device violation, a misdemeanor of the
first degree.
Sec. 4507.54
4510.52. (A) Upon the receipt of any driver's
license or commercial driver's license or permit that has been
suspended, revoked,
or canceled, or forfeited under any
provision
of
law, and notwithstanding any other provision of law that
requires
the registrar of motor vehicles to retain the license or
permit,
the registrar may destroy the license or permit.
(B) If, as authorized by division (A) of this section, the
registrar destroys a license or permit that has been suspended,
revoked,
or canceled, or forfeited,
he
the
registrar shall reissue
or authorize
the reissuance of a new license or permit to the
person to whom
the destroyed license or permit
orginally
originally was issued
upon payment
of a fee in the same amount as
the fee specified in division (C)
of section 4507.23 of the
Revised Code for a duplicate license or
permit and upon payment of
a service fee in the same amount as
specified in division (D) of
section 4503.10 of the Revised Code
if issued by a deputy
registrar or in division (G) of that
section if issued by the
registrar.
This division applies only if the driver's license or
commercial driver's license or permit that was destroyed would
have been valid at the time the person applies for the duplicate
license or permit. A duplicate driver's license or commercial
driver's license or permit issued under this section shall bear
the same expiration date that appeared on the license or permit
it
replaces.
Sec. 4507.55
4510.53. (A) Upon
the receipt of any
driver's
or
commercial driver's license or permit that has been
revoked or
suspended under section
4511.19
or 4511.191 of the Revised
Code,
the
registrar of motor vehicles, notwithstanding any other
provision
of law that purports to require
him
the registrar to
retain the
license or
permit, may destroy the license or permit.
(B)(1) Subject to division (B)(2) of this section, if a
driver's or commercial driver's license or permit that has been
suspended under section
4511.19
or 4511.191 of the Revised
Code is
delivered
to the registrar and if the registrar destroys the
license or
permit under authority of division (A) of this section,
the
registrar shall reissue or authorize the reissuance of a
driver's
or commercial driver's license to the person, free of
payment of
any type of fee or charge, if either of the following
applies:
(a) The person appeals the suspension of the license or
permit at
his
or within thirty days of the person's initial
appearance, pursuant to
division (H) of
section
4511.191
4511.197
of the Revised Code, the judge of
the
court of
record or the mayor
of the mayor's court who conducts the initial
appearance
terminates the suspension, and the judge or mayor does
not suspend
the license or permit under section 4511.196 of the
Revised Code;
(b) The person appeals the suspension of the license or
permit at
his
or within thirty days of the person's initial
appearance, pursuant to
division (H) of
section
4511.191
4511.197
of the Revised Code, the judge of
the
court of
record or the mayor
of the mayor's court who conducts the initial
appearance does not
terminate the suspension, the person appeals
the judge's or
mayor's decision not to terminate the suspension
that is made at
the initial appearance, and upon appeal of the
decision, the
suspension is terminated.
(2) Division (B)(1) of this section applies only if the
driver's or commercial driver's license that was destroyed would
have been valid at the time in question, if it had not been
destroyed as permitted by division (A) of this section.
(C) A driver's or
commerical
commercial driver's license or
permit
issued to a person pursuant to division (B)(1) of this
section
shall bear the same expiration date as the expiration date
that
appeared on the license it replaces.
Sec. 4510.54. (A) A person whose driver's or commercial
driver's
license has been suspended for life under a class one
suspension or as
otherwise provided by law or has been suspended
for a period in excess of
fifteen years under a class two
suspension may file a motion with the
sentencing
court for
modification or
termination of the suspension. A motion under
this division may be heard only
once. The person filing the
motion
shall demonstrate all of the following:
(1) At least fifteen years have elapsed since the suspension
began.
(2) For the past fifteen years, the person has not been
found
guilty of any felony, any offense involving a moving
violation under
federal law, the law of this state, or the law of
any of its political
subdivisions, or any violation of a
suspension under this chapter or a
substantially equivalent
municipal ordinance.
(3) The person has proof of financial responsibility, a
policy of
liability insurance in effect that meets the minimum
standard set forth
in section 4509.51 of the Revised Code, or
proof, to the
satisfaction of the registrar of motor vehicles,
that the person is able to respond in damages in an amount at
least equal to the minimum amounts specified
in that section.
(4) If the suspension was imposed because the person was
under
the influence of alcohol, a drug of abuse, or combination of
them at the
time of the offense or because at the time of the
offense the person's whole blood, blood serum or plasma, breath,
or urine contained at least the concentration of alcohol specified
in division (A)(2), (3), (4), or (5) of section 4511.19 of the
Revised Code, the person also shall demonstrate
all of the
following:
(a) The person successfully completed an alcohol, drug, or
alcohol and drug treatment program.
(b) The person has not abused alcohol or other drugs for a
period
satisfactory to the court.
(c) For the past fifteen years, the person has not been
found
guilty of any alcohol-related or drug-related offense.
(B) Upon receipt of a motion for modification or termination
of
the suspension under this section, the court may schedule a
hearing on the
motion. If scheduled, the hearing shall be
conducted
in open court within ninety days after the date on which
the
motion is filed.
(C) The court shall notify the person whose license was
suspended
and the prosecuting attorney of the date, time, and
location of the hearing.
Upon receipt of the
notice from the
court, the prosecuting attorney shall notify the
victim or the
victim's representative of the date, time, and location of the
hearing.
(D) At any hearing under this section, the person who seeks
modification or termination of the suspension has the burden to
demonstrate,
under oath, that the person meets the requirements
of
division (A) of this section. At the hearing, the court
shall
afford the offender or the offender's counsel an opportunity
to
present oral or written information relevant to the motion.
The
court shall afford a similar opportunity to provide relevant
information to the prosecuting attorney and the victim or victim's
representative.
Before ruling on the motion, the court shall take into
account the
person's driving record, the nature of the offense
that led to the
suspension, and the impact of the offense on any
victim. In addition,
if the offender is eligible for modification
or termination of the
suspension under division (A)(2) of this
section, the court shall
consider whether the person committed any
other offense while under suspension
and determine whether the
offense is relevant to a determination under this
section. The
court may modify or terminate the suspension subject to any
considerations it considers proper if it finds that allowing the
person to drive is not likely to present a danger to the public.
After the court makes a ruling on a motion filed under this
section, the
prosecuting attorney shall notify the victim
or the
victim's representative of the court's ruling.
(E) If a court modifies a person's license suspension under
this
section and the person subsequently is found guilty of any
moving violation or
of
any substantially equivalent municipal
ordinance
that carries as a possible penalty the suspension of a
person's
driver's or commercial driver's license, the court may
reimpose
the class one or other lifetime suspension, or the class
two suspension,
whichever is applicable.
Sec. 4507.60
4510.61. The driver license compact is hereby
enacted
into law and entered into with all other jurisdictions
legally
joining therein in the form substantially as follows:
ARTICLE IFindings and Declaration of Policy(a) The party states find that:
(1) The safety of their streets and highways is materially
affected by the degree of compliance with state and local
ordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that
the violator engages in conduct which is likely to endanger the
safety of persons and property.
(3) The continuance in force of a license to drive is
predicated upon compliance with laws and ordinances relating to
the operation of motor vehicles, in whichever jurisdiction the
vehicle is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances, and
administrative rules and regulations relating to the operation of
motor vehicles by their operators in each of the jurisdictions
where such operators drive motor vehicles.
(2) Make the reciprocal recognition of licenses to drive
and
eligibility therefor more just and equitable by considering
the
over-all compliance with motor vehicle laws, ordinances, and
administrative rules and regulations as a condition precedent to
the continuance or issuance of any license by reason of which the
licensee is authorized or permitted to operate a motor vehicle in
any of the party states.
ARTICLE IIDefinitions(a) "State" means a state, territory, or possession of the
United States, the District of Columbia, or the Commonwealth of
Puerto Rico.
(b) "Home state" means the state that has issued and has
the
power to suspend or revoke the use of the license or permit
to
operate a motor vehicle.
(c) "Conviction" means a conviction of any offense related
to the use or operation of a motor vehicle that is prohibited by
state law, municipal ordinance, or administrative rule or
regulation; or a forfeiture of bail, bond, or other security
deposited to secure appearance by a person charged with having
committed any such offense, and which conviction or forfeiture is
required to be reported to the licensing authority.
ARTICLE IIIReports of ConvictionThe licensing authority of a party state shall report each
conviction of a person from another party state occurring within
its jurisdiction to the licensing authority of the home state of
the licensee. Such report shall clearly identify the person
convicted; describe the violation specifying the section of the
statute, code, or ordinance violated; identify the court in which
action was taken; indicate whether a plea of guilty or not guilty
was entered, or the security; and shall include any special
findings made in connection therewith.
ARTICLE IVEffect of Conviction(a) The licensing authority in the home state, for the
purpose of suspension, revocation, or limitation of the license
to
operate a motor vehicle, shall give the same effect to the
conduct
reported, pursuant to Article III of this compact, as it
would if
such conduct had occurred in the home state, in the case
of
convictions for:
(1) Manslaughter or negligent homicide resulting from the
operation of a motor vehicle;
(2) Driving a motor vehicle while under the influence of
intoxicating liquor or a narcotic drug, or under the influence of
any other drug to a degree that renders the driver incapable of
safely driving a motor vehicle;
(3) Any felony in the commission of which a motor vehicle
is
used;
(4) Failure to stop and render aid in the event of a motor
vehicle accident resulting in the death or personal injury of
another.
(b) As to other convictions, reported pursuant to Article
III, the licensing authority in the home state shall give such
effect to conduct as is provided by the laws of the home state.
(c) If the laws of a party state do not provide for
offenses
or violations denominated or described in precisely the
words
employed in subdivision (a) of this Article, such party
state
shall construe the denominations and descriptions appearing
in
subdivision (a) hereof as being applicable to and identifying
those offenses or violations of a substantially similar nature,
and the laws of such party state shall contain such provisions as
may be necessary to ensure that full force and effect is given to
this Article.
ARTICLE VApplications for New LicensesUpon application for a license to drive, the licensing
authority in a party state shall ascertain whether the applicant
has ever held, or is the holder of, a license to drive issued by
any other party state. The licensing authority in the state
where
application is made shall not issue a license to drive to
the
applicant if:
(1) The applicant has held such a license, but the same
has
been suspended by reason, in whole or in part, of a violation
and
if such suspension period has not terminated.
(2) The applicant has held such a license, but the same
has
been revoked by reason, in whole or in part, of a violation;
and
if such revocation has not terminated, except that after the
expiration of one year from the date the license was revoked,
such
person may make application for a new license if permitted
by law.
The licensing authority may refuse to issue a license to
any such
applicant if, after investigation, the licensing
authority
determines that it will not be safe to grant to such
person the
privilege of driving a motor vehicle on the public
highways.
(3) The applicant is the holder of a license to drive
issued
by another party state and currently in force unless the
applicant
surrenders such license.
ARTICLE VIApplicability of Other LawsExcept as expressly required by provisions of this compact,
nothing contained herein shall be construed to affect the right
of
any party state to apply any of its other laws relating to
licenses to drive to any person or circumstance, nor to
invalidate
or prevent any driver license agreement or other
cooperative
arrangement between a party state and a nonparty
state.
ARTICLE VIICompact Administrator and Interchange of Information(a) The head of the licensing authority of each party
state
shall be the administrator of this compact for his state.
The
administrators, acting jointly, shall have the power to
formulate
all necessary and proper procedures for the exchange of
information under this compact.
(b) The administrator of each party state shall furnish to
the administrator of each other party state any information or
documents reasonably necessary to facilitate the administration
of
this compact.
ARTICLE VIIIEntry Into Force and Withdrawal(a) This compact shall enter into force and become
effective
as to any state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such withdrawal
shall take effect until six months after the executive head of
the
withdrawing state has given notice of the withdrawal to the
executive heads of all other party states. No withdrawal shall
affect the validity or applicability by the licensing authorities
of states remaining party to the compact of any report of
conviction occurring prior to the withdrawal.
ARTICLE IXConstruction and SeverabilityThis compact shall be liberally construed so as to
effectuate
the purposes thereof. The provisions of this compact
shall be
severable; and if any phrase, clause, sentence, or
provision of
this compact is declared to be contrary to the
constitution of any
party state or of the United States or the
applicability thereof
to any government, agency, person, or
circumstance is held
invalid, the validity of the remainder of
this compact and the
applicability thereof to any government,
agency, person, or
circumstance shall not be affected thereby.
If this compact shall
be held contrary to the constitution of any
state party thereto,
the compact shall remain in full force and
effect as to the
remaining states and in full force and effect as
to the state
affected as to all severable matters.
Sec. 4507.61
4510.62. (A) "Executive head" as used in
article
VIII (b) of the compact
set forth in section
4507.60
4510.61 of the Revised Code with
reference to this state
means the
governor.
(B) "Licensing authority" as used in Articles III, IV, V,
and VII of the
compact set forth in section
4507.60
4510.61 of the
Revised
Code with reference to
this
state means the bureau of
motor vehicles within the department of public
safety.
Sec. 4507.62
4510.63. Pursuant to Article VII of the
compact
set forth in section
4507.60
4510.61 of the Revised Code
the bureau of motor
vehicles shall furnish to the
appropriate
authorities of any other party state any information or documents
reasonably necessary to facilitate the administration of Articles
III, IV, and
V of the compact set forth in section
4507.60
4510.61
of the
Revised Code.
Sec. 4507.63
4510.64. The compact administrator provided
for
in Article VII of the
compact set forth in section
4507.60
4510.61 of the Revised
Code is not entitled to
any
additional
compensation
because of his services
for serving as
administrator
of the
compact, but shall be reimbursed for travel and other
necessary expenses
incurred in the performance of
his official
duties thereunder as
provided by
law for other state officers.
Sec. 4511.95
4510.71. The nonresident violator compact,
hereinafter called "the compact," is hereby enacted into law and
entered into with all other jurisdictions legally joining therein
in the form substantially as follows:
"NONRESIDENT VIOLATOR COMPACTArticle IFindings, Declaration of Policy and Purpose
(A) The party jurisdictions find that:
(1) In most instances, a motorist who is cited for a
traffic
violation in a jurisdiction other than his home
jurisdiction:
(a) Must post collateral or bond to secure appearance for
trial at a later date; or
(b) If unable to post collateral or bond, is taken into
custody until the collateral or bond is posted; or
(c) Is taken directly to court for his trial to be held.
(2) In some instances, the motorist's driver's license may
be deposited as collateral to be returned after he has complied
with the terms of the citation.
(3) The purpose of the practices described in divisions
(A)(1) and (2) of this article is to ensure compliance with the
terms of a traffic citation by the motorist who, if permitted to
continue on his way after receiving the traffic citation, could
return to his home jurisdiction and disregard his duty under the
terms of the traffic citation.
(4) A motorist receiving a traffic citation in his home
jurisdiction is permitted, except for certain violations, to
accept the citation from the officer at the scene of the
violation
and to immediately continue on his way after promising
or being
instructed to comply with the terms of the citation.
(5) The practice described in division (A)(1) of this
article causes unnecessary inconvenience and, at times, a
hardship
for the motorist who is unable at the time to post
collateral,
furnish a bond, stand trial, or pay the fine, and
thus is
compelled to remain in custody until some arrangement can
be made.
(6) The deposit of a driver's license as a bail bond, as
described in division (A)(2) of this article, is viewed with
disfavor.
(7) The practices described herein consume an undue amount
of law enforcement time.
(B) It is the policy of the party jurisdictions to:
(1) Seek compliance with the laws, ordinances, and
administrative rules and regulations relating to the operation of
motor vehicles in each of the jurisdictions;
(2) Allow motorists to accept a traffic citation for
certain
violations and proceed on their way without delay whether
or not
the motorist is a resident of the jurisdiction in which
the
citation was issued;
(3) Extend cooperation to its fullest extent among the
jurisdictions for obtaining compliance with the terms of a
traffic
citation issued in one jurisdiction to a resident of
another
jurisdiction;
(4) Maximize effective utilization of law enforcement
personnel and assist court systems in the efficient disposition
of
traffic violations.
(C) The purpose of this compact is to:
(1) Provide a means through which the party jurisdictions
may participate in a reciprocal program to effectuate the
policies
enumerated in division (B) of this article in a uniform
and
orderly manner;
(2) Provide for the fair and impartial treatment of
traffic
violators operating within party jurisdictions in
recognition of
the motorist's right of due process and the
sovereign status of a
party jurisdiction.
Article II
Definitions(A) In the nonresident violator compact, the following
words
have the meaning indicated, unless the context requires
otherwise.
(B)(1) "Citation" means any summons, ticket, or other
official document issued by a police officer for a traffic
violation containing an order which requires the motorist to
respond.
(2) "Collateral" means any cash or other security
deposited
to secure an appearance for trial, following the
issuance by a
police officer of a citation for a traffic
violation.
(3) "Court" means a court of law or traffic tribunal.
(4) "Driver's license" means any license or privilege to
operate a motor vehicle issued under the laws of the home
jurisdiction.
(5) "Home jurisdiction" means the jurisdiction that issued
the driver's license of the traffic violator.
(6) "Issuing jurisdiction" means the jurisdiction in which
the traffic citation was issued to the motorist.
(7) "Jurisdiction" means a state, territory, or possession
of the United States, the District of Columbia, or the
Commonwealth of Puerto Rico.
(8) "Motorist" means a driver of a motor vehicle operating
in a party jurisdiction other than the home jurisdiction.
(9) "Personal recognizance" means an agreement by a
motorist
made at the time of issuance of the traffic citation
that he will
comply with the terms of that traffic citation.
(10) "Police officer" means any individual authorized by
the
party jurisdiction to issue a citation for a traffic
violation.
(11) "Terms of the citation" means those options expressly
stated upon the citation.
Article IIIProcedure for Issuing Jurisdiction(A) When issuing a citation for a traffic violation, a
police officer shall issue the citation to a motorist who
possesses a driver's license issued by a party jurisdiction and
shall not, subject to the exceptions noted in division (B) of
this
article, require the motorist to post collateral to secure
appearance, if the officer receives the motorist's signed,
personal recognizance that he or she will comply with the terms
of
the citation.
(B) Personal recognizance is acceptable only if not
prohibited by law. If mandatory appearance is required, it must
take place immediately following issuance of the citation.
(C) Upon failure of a motorist to comply with the terms of
a
traffic citation, the appropriate official shall report the
failure to comply to the licensing authority of the jurisdiction
in which the traffic citation was issued. The report shall be
made in accordance with procedures specified by the issuing
jurisdiction and shall contain information as specified in the
compact manual as minimum requirements for effective processing
by
the home jurisdiction.
(D) Upon receipt of the report, the licensing authority of
the issuing jurisdiction shall transmit to the licensing
authority
in the home jurisdiction of the motorist the
information in a form
and content as contained in the compact
manual.
(E) The licensing authority of the issuing jurisdiction
may
not suspend the privilege of a motorist for whom a report has
been
transmitted.
(F) The licensing authority of the issuing jurisdiction
shall not transmit a report on any violation if the date of
transmission is more than six months after the date on which the
traffic citation was issued.
(G) The licensing authority of the issuing jurisdiction
shall not transmit a report on any violation where the date of
issuance of the citation predates the most recent of the
effective
dates of entry for the two jurisdictions affected.
Article IV
Procedures for Home Jurisdiction(A) Upon receipt of a report of a failure to comply from
the
licensing authority of the issuing jurisdiction, the
licensing
authority of the home jurisdiction shall notify the
motorist and
initiate a suspension action, in accordance with the
home
jurisdiction's procedures, to suspend the motorist's
driver's
license until satisfactory evidence of compliance with
the terms
of the traffic citation has been furnished to the home
jurisdiction licensing authority. Due process safeguards will be
accorded.
(B) The licensing authority of the home jurisdiction shall
maintain a record of actions taken and make reports to issuing
jurisdictions as provided in the compact manual.
Article V
Applicability of Other LawsExcept as expressly required by provisions of this compact,
nothing contained herein shall be construed to affect the right
of
any party jurisdiction to apply any of its other laws relating
to
licenses to drive to any person or circumstance, or to
invalidate
or prevent any driver license agreement or other
cooperative
arrangement between a party jurisdiction and nonparty
jurisdiction.
Article VI
Compact Administrator Procedures(A) For the purpose of administering the provisions of
this
compact and to serve as a governing body for the resolution
of all
matters relating to the operation of this compact, a board
of
compact administrators is established. The board shall be
composed of one representative from each party jurisdiction to be
known as the compact administrator. The compact administrator
shall be appointed by the jurisdiction executive and will serve
and be subject to removal in accordance with the laws of the
jurisdiction he represents. A compact administrator may provide
for the discharge of his duties and the performance of his
functions as a board member by an alternate. An alternate may
not
be entitled to serve unless written notification of his
identity
has been given to the board.
(B) Each member of the board of compact administrators
shall
be entitled to one vote. No action of the board shall be
binding
unless taken at a meeting at which a majority of the
total number
of votes on the board are cast in favor. Action by
the board
shall be only at a meeting at which a majority of the
party
jurisdictions are represented.
(C) The board shall elect annually, from its membership, a
chairman and a vice chairman.
(D) The board shall adopt bylaws, not inconsistent with
the
provisions of this compact or the laws of a party
jurisdiction,
for the conduct of its business and shall have the
power to amend
and rescind its bylaws.
(E) The board may accept for any of its purposes and
functions under this compact any and all donations, and grants of
money, equipment, supplies, materials, and services, conditional
or otherwise, from any jurisdiction, the United States, or any
other governmental agency, and may receive, utilize, and dispose
of the same.
(F) The board may contract with, or accept services or
personnel from, any governmental or intergovernmental agency,
person, firm, or corporation, or any private nonprofit
organization or institution.
(G) The board shall formulate all necessary procedures and
develop uniform forms and documents for administering the
provisions of this compact. All procedures and forms adopted
pursuant to board action shall be contained in the compact
manual.
Article VII
Entry into Compact and Withdrawal(A) This compact shall become effective when it has been
adopted by at least two jurisdictions.
(B)(1) Entry into the compact shall be made by a
resolution
of ratification executed by the authorized officials
of the
applying jurisdiction and submitted to the chairman of the
board.
(2) The resolution shall be in a form and content as
provided in the compact manual and shall include statements that
in substance are as follows:
(a) A citation of the authority by which the jurisdiction
is
empowered to become a party to this compact;
(b) Agreement to comply with the terms and provisions of
the
compact;
(c) That compact entry is with all jurisdictions then
party
to the compact and with any jurisdiction that legally
becomes a
party to the compact.
(3) The effective date of entry shall be specified by the
applying jurisdiction, but it shall not be less than sixty days
after notice has been given by the chairman of the board of
compact administrators or by the secretariat of the board to each
party jurisdiction that the resolution from the applying
jurisdiction has been received.
(C) A party jurisdiction may withdraw from this compact by
official written notice to the other party jurisdictions, but a
withdrawal shall not take effect until ninety days after notice
of
withdrawal is given. The notice shall be directed to the
compact
administrator of each member jurisdiction. No withdrawal
shall
affect the validity of this compact as to the remaining
party
jurisdictions.
Article VIII
ExceptionsThe provisions of this compact shall not apply to parking
or
standing violations, highway weight limit violations, and
violations of law governing the transportation of hazardous
materials.
Article IX
Amendments to the Compact(A) This compact may be amended from time to time.
Amendments shall be presented in resolution form to the chairman
of the board of compact administrators and may be initiated by
one
or more party jurisdictions.
(B) Adoption of an amendment shall require endorsement of
all party jurisdictions and shall become effective thirty days
after the date of the last endorsement.
(C) Failure of a party jurisdiction to respond to the
compact chairman within one hundred twenty days after receipt of
the proposed amendment shall constitute endorsement.
Article X
Construction and SeverabilityThis compact shall be liberally construed so as to
effectuate
the purposes stated herein. The provisions of this
compact shall
be severable and if any phrase, clause, sentence,
or provision of
this compact is declared to be contrary to the
constitution of any
party jurisdiction or of the United States or
the applicability
thereof to any government, agency, person, or
circumstance, the
compact shall not be affected thereby. If this
compact shall be
held contrary to the constitution of any
jurisdiction party
thereto, the compact shall remain in full
force and effect as to
the remaining jurisdictions and in full
force and effect as to the
jurisdiction affected as to all
severable matters.
Article XI
TitleThis compact shall be known as the Nonresident Violator
Compact of 1977."
Sec. 4511.951
4510.72. (A) A fee of thirty dollars shall
be
charged by the registrar of motor vehicles for the
reinstatement of any
driver's license suspended pursuant to
division (A) of Article IV of the
compact enacted in section
4511.95
4510.71 of the Revised
Code.
(B) Pursuant to division (A) of Article VI of the
nonresident violator
compact of 1977 enacted in section
4511.95
4510.71 of the
Revised Code, the director
of public safety shall
serve as the compact administrator for Ohio.
Sec. 4511.01. As used in this chapter and in Chapter 4513.
of the Revised Code:
(A) "Vehicle" means every device, including a motorized
bicycle, in, upon, or by which any person or property may be
transported or drawn upon a highway, except
that "vehicle" does
not include any motorized
wheelchairs
wheelchair,
devices
any
device that is moved by power collected from overhead
electric
trolley wires, or
that is used exclusively upon stationary rails
or tracks,
and devices
or any device, other than
bicycles
a
bicycle, that is moved by human power.
(B) "Motor vehicle" means every vehicle propelled or drawn
by power other than muscular power or power collected from
overhead electric trolley wires, except motorized bicycles, road
rollers, traction engines, power shovels, power cranes, and other
equipment used in construction work and not designed for or
employed in general highway transportation, hole-digging
machinery, well-drilling machinery, ditch-digging machinery, farm
machinery, trailers used to transport agricultural produce or
agricultural production materials between a local place of
storage
or supply and the farm when drawn or towed on a street or
highway
at a speed of twenty-five miles per hour or less,
threshing
machinery, hay-baling machinery, agricultural tractors
and
machinery used in the production of horticultural,
floricultural,
agricultural, and vegetable products, and trailers
designed and
used exclusively to transport a boat between a place
of storage
and a marina, or in and around a marina, when drawn or
towed on a
street or highway for a distance of no more than ten
miles and at
a speed of twenty-five miles per hour or less.
(C) "Motorcycle" means every motor vehicle, other than a
tractor, having a saddle for the use of the operator and designed
to travel on not more than three wheels in contact with the
ground, including, but not limited to, motor vehicles known as
"motor-driven cycle," "motor scooter," or "motorcycle" without
regard to weight or brake horsepower.
(D) "Emergency vehicle" means emergency vehicles of
municipal, township, or county departments or public utility
corporations when identified as such as required by law, the
director of public safety, or local authorities, and motor
vehicles when commandeered by a police officer.
(E) "Public safety vehicle" means any of the following:
(1) Ambulances, including private ambulance companies
under
contract to a municipal corporation, township, or county,
and
private ambulances and nontransport vehicles bearing license
plates issued under section 4503.49 of the Revised Code;
(2) Motor vehicles used by public law enforcement officers
or other persons sworn to enforce the criminal and traffic laws
of
the state;
(3) Any motor vehicle when properly identified as required
by the director of public safety, when used in response to fire
emergency calls or to provide emergency medical service to ill or
injured persons, and when operated by a duly qualified person who
is a member of a volunteer rescue service or a volunteer fire
department, and who is on duty pursuant to the rules or
directives
of that service. The state fire marshal shall be
designated by
the director of public safety as the certifying
agency for all
public safety vehicles described in division
(E)(3) of this
section.
(4) Vehicles used by fire departments, including motor
vehicles when used by volunteer fire fighters responding
to
emergency
calls in the fire department service when identified as
required
by the director of public safety.
Any vehicle used to transport or provide emergency medical
service to an ill or injured person, when certified as a public
safety vehicle, shall be considered a public safety vehicle when
transporting an ill or injured person to a hospital regardless of
whether such vehicle has already passed a hospital.
(5) Vehicles used by the commercial motor vehicle safety
enforcement unit for the enforcement of orders and rules of the
public
utilities commission as specified in section 5503.34 of the
Revised Code.
(F) "School bus" means every bus designed for carrying
more
than nine passengers that is owned by a public,
private, or
governmental agency or institution of learning and operated for
the transportation of children to or from a school session or a
school function, or owned by a private person and operated for
compensation for the transportation of children to or from a
school session or a school function, provided "school bus" does
not include a bus operated by a municipally owned transportation
system, a mass transit company operating exclusively within the
territorial limits of a municipal corporation, or within such
limits and the territorial limits of municipal corporations
immediately contiguous to such municipal corporation, nor a
common
passenger carrier certified by the public utilities
commission
unless such bus is devoted exclusively to the
transportation of
children to and from a school session or a
school function, and
"school bus" does not include a van or bus
used by a licensed
child day-care center or type A family
day-care home to transport
children from the child day-care
center or type A family day-care
home to a school if the van or
bus does not have more than fifteen
children in the van or bus at
any time.
(G) "Bicycle" means every device, other than a tricycle
designed solely for use as a play vehicle by a child, propelled
solely by human power upon which any person may ride having
either
two tandem wheels, or one wheel in the front and two
wheels in the
rear, any of which is more than fourteen inches in
diameter.
(H) "Motorized bicycle" means any vehicle having either
two
tandem wheels or one wheel in the front and two wheels in the
rear, that is capable of being pedaled and is equipped with a
helper motor of not more than fifty cubic centimeters piston
displacement that produces no more than one brake
horsepower and
is capable of propelling the vehicle at a speed of no greater
than
twenty miles per hour on a level surface.
(I) "Commercial tractor" means every motor vehicle having
motive power designed or used for drawing other vehicles and not
so constructed as to carry any load thereon, or designed or used
for drawing other vehicles while carrying a portion of such other
vehicles, or load thereon, or both.
(J) "Agricultural tractor" means every self-propelling
vehicle designed or used for drawing other vehicles or wheeled
machinery but having no provision for carrying loads
independently
of such other vehicles, and used principally for
agricultural
purposes.
(K) "Truck" means every motor vehicle, except trailers and
semitrailers, designed and used to carry property.
(L) "Bus" means every motor vehicle designed for carrying
more than nine passengers and used for the transportation of
persons other than in a ridesharing arrangement, and every motor
vehicle, automobile for hire, or funeral car, other than a
taxicab
or motor vehicle used in a ridesharing arrangement,
designed and
used for the transportation of persons for
compensation.
(M) "Trailer" means every vehicle designed or used for
carrying persons or property wholly on its own structure and for
being drawn by a motor vehicle, including any such vehicle when
formed by or operated as a combination of a "semitrailer" and a
vehicle of the dolly type, such as that commonly known as a
"trailer dolly," a vehicle used to transport agricultural produce
or agricultural production materials between a local place of
storage or supply and the farm when drawn or towed on a street or
highway at a speed greater than twenty-five miles per hour, and a
vehicle designed and used exclusively to transport a boat between
a place of storage and a marina, or in and around a marina, when
drawn or towed on a street or highway for a distance of more than
ten miles or at a speed of more than twenty-five miles per hour.
(N) "Semitrailer" means every vehicle designed or used for
carrying persons or property with another and separate motor
vehicle so that in operation a part of its own weight or that of
its load, or both, rests upon and is carried by another vehicle.
(O) "Pole trailer" means every trailer or semitrailer
attached to the towing vehicle by means of a reach, pole, or by
being boomed or otherwise secured to the towing vehicle, and
ordinarily used for transporting long or irregular shaped loads
such as poles, pipes, or structural members capable, generally,
of
sustaining themselves as beams between the supporting
connections.
(P) "Railroad" means a carrier of persons or property
operating upon rails placed principally on a private
right-of-way.
(Q) "Railroad train" means a steam engine or an electric
or
other motor, with or without cars coupled thereto, operated by
a
railroad.
(R) "Streetcar" means a car, other than a railroad train,
for transporting persons or property, operated upon rails
principally within a street or highway.
(S) "Trackless trolley" means every car that collects its
power from overhead electric trolley wires and that is not
operated upon rails or tracks.
(T) "Explosives" means any chemical compound or mechanical
mixture that is intended for the purpose of producing an
explosion
that contains any oxidizing and combustible units or
other
ingredients in such proportions, quantities, or packing
that an
ignition by fire, by friction, by concussion, by
percussion, or by
a detonator of any part of the compound or
mixture may cause such
a sudden generation of highly heated gases
that the resultant
gaseous pressures are capable of producing
destructive effects on
contiguous objects, or of destroying life
or limb. Manufactured
articles shall not be held to be
explosives when the individual
units contain explosives in such
limited quantities, of such
nature, or in such packing, that it
is impossible to procure a
simultaneous or a destructive
explosion of such units, to the
injury of life, limb, or property
by fire, by friction, by
concussion, by percussion, or by a
detonator, such as fixed
ammunition for small arms, firecrackers,
or safety fuse matches.
(U) "Flammable liquid" means any liquid that has a flash
point of seventy degrees Fahrenheit, or less, as determined by a
tagliabue or equivalent closed cup test device.
(V) "Gross weight" means the weight of a vehicle plus the
weight of any load thereon.
(W) "Person" means every natural person, firm,
co-partnership, association, or corporation.
(X) "Pedestrian" means any natural person afoot.
(Y) "Driver or operator" means every person who drives or
is
in actual physical control of a vehicle, trackless trolley, or
streetcar.
(Z) "Police officer" means every officer authorized to
direct or regulate traffic, or to make arrests for violations of
traffic regulations.
(AA) "Local authorities" means every county, municipal,
and
other local board or body having authority to adopt police
regulations under the constitution and laws of this state.
(BB) "Street" or "highway" means the entire width between
the boundary lines of every way open to the use of the public as
a
thoroughfare for purposes of vehicular travel.
(CC) "Controlled-access highway" means every street or
highway in respect to which owners or occupants of abutting lands
and other persons have no legal right of access to or from the
same except at such points only and in such manner as may be
determined by the public authority having jurisdiction over such
street or highway.
(DD) "Private road or driveway" means every way or place
in
private ownership used for vehicular travel by the owner and
those
having express or implied permission from the owner but not
by
other persons.
(EE) "Roadway" means that portion of a highway improved,
designed, or ordinarily used for vehicular travel, except the
berm
or shoulder. If a highway includes two or more separate
roadways
the term "roadway" means any such roadway separately but
not all
such roadways collectively.
(FF) "Sidewalk" means that portion of a street between the
curb lines, or the lateral lines of a roadway, and the adjacent
property lines, intended for the use of pedestrians.
(GG) "Laned highway" means a highway the roadway of which
is
divided into two or more clearly marked lanes for vehicular
traffic.
(HH) "Through highway" means every street or highway as
provided in section 4511.65 of the Revised Code.
(II) "State highway" means a highway under the
jurisdiction
of the department of transportation, outside the
limits of
municipal corporations, provided that the authority
conferred upon
the director of transportation in section 5511.01
of the Revised
Code to erect state highway route markers and
signs directing
traffic shall not be modified by sections 4511.01
to 4511.79 and
4511.99 of the Revised Code.
(JJ) "State route" means every highway that is designated
with an official state route number and so marked.
(KK) "Intersection" means:
(1) The area embraced within the prolongation or
connection
of the lateral curb lines, or, if none, then the
lateral boundary
lines of the roadways of two highways which join
one another at,
or approximately at, right angles, or the area
within which
vehicles traveling upon different highways joining
at any other
angle may come in conflict.
(2) Where a highway includes two roadways thirty feet or
more apart, then every crossing of each roadway of such divided
highway by an intersecting highway shall be regarded as a
separate
intersection. If an intersecting highway also includes
two
roadways thirty feet or more apart, then every crossing of
two
roadways of such highways shall be regarded as a separate
intersection.
(3) The junction of an alley with a street or highway, or
with another alley, shall not constitute an intersection.
(1) That part of a roadway at intersections ordinarily
included within the real or projected prolongation of property
lines and curb lines or, in the absence of curbs, the edges of
the
traversable roadway;
(2) Any portion of a roadway at an intersection or
elsewhere, distinctly indicated for pedestrian crossing by lines
or other markings on the surface;
(3) Notwithstanding divisions (LL)(1) and (2) of this
section, there shall not be a crosswalk where local authorities
have placed signs indicating no crossing.
(MM) "Safety zone" means the area or space officially set
apart within a roadway for the exclusive use of pedestrians and
protected or marked or indicated by adequate signs as to be
plainly visible at all times.
(NN) "Business district" means the territory fronting upon
a
street or highway, including the street or highway, between
successive intersections within municipal corporations where
fifty
per cent or more of the frontage between such successive
intersections is occupied by buildings in use for business, or
within or outside municipal corporations where fifty per cent or
more of the frontage for a distance of three hundred feet or more
is occupied by buildings in use for business, and the character
of
such territory is indicated by official traffic control
devices.
(OO) "Residence district" means the territory, not
comprising a business district, fronting on a street or highway,
including the street or highway, where, for a distance of three
hundred feet or more, the frontage is improved with residences or
residences and buildings in use for business.
(PP) "Urban district" means the territory contiguous to
and
including any street or highway which is built up with
structures
devoted to business, industry, or dwelling houses
situated at
intervals of less than one hundred feet for a
distance of a
quarter of a mile or more, and the character of
such territory is
indicated by official traffic control devices.
(QQ) "Traffic control devices" means all flaggers, signs,
signals, markings, and devices placed or erected by authority of
a
public body or official having jurisdiction, for the purpose of
regulating, warning, or guiding traffic, including signs denoting
names of streets and highways.
(RR) "Traffic control signal" means any device, whether
manually, electrically, or mechanically operated, by which
traffic
is alternately directed to stop, to proceed, to change
direction,
or not to change direction.
(SS) "Railroad sign or signal" means any sign, signal, or
device erected by authority of a public body or official or by a
railroad and intended to give notice of the presence of railroad
tracks or the approach of a railroad train.
(TT) "Traffic" means pedestrians, ridden or herded
animals,
vehicles, streetcars, trackless trolleys, and other
devices,
either singly or together, while using any highway for
purposes of
travel.
(UU) "Right-of-way" means either of the following, as the
context requires:
(1) The right of a vehicle, streetcar, trackless trolley,
or
pedestrian to proceed uninterruptedly in a lawful manner in
the
direction in which it or the individual is moving in
preference to
another vehicle, streetcar, trackless trolley, or pedestrian
approaching from a different direction into its or the
individual's path;
(2) A general term denoting land, property, or the
interest
therein, usually in the configuration of a strip,
acquired for or
devoted to transportation purposes. When used in
this context,
right-of-way includes the roadway, shoulders or
berm, ditch, and
slopes extending to the right-of-way limits
under the control of
the state or local authority.
(VV) "Rural mail delivery vehicle" means every vehicle
used
to deliver United States mail on a rural mail delivery
route.
(WW) "Funeral escort vehicle" means any motor vehicle,
including a funeral hearse, while used to facilitate the movement
of a funeral procession.
(XX) "Alley" means a street or highway intended to provide
access to the rear or side of lots or buildings in urban
districts
and not intended for the purpose of through vehicular
traffic, and
includes any street or highway that has been
declared an "alley"
by the legislative authority of the municipal
corporation in which
such street or highway is located.
(YY) "Freeway" means a divided multi-lane highway for
through traffic with all crossroads separated in grade and with
full control of access.
(ZZ) "Expressway" means a divided arterial highway for
through traffic with full or partial control of access with an
excess of fifty per cent of all crossroads separated in grade.
(AAA) "Thruway" means a through highway whose entire
roadway
is reserved for through traffic and on which roadway
parking is
prohibited.
(BBB) "Stop intersection" means any intersection at one or
more entrances of which stop signs are erected.
(CCC) "Arterial street" means any United States or state
numbered route, controlled access highway, or other major radial
or circumferential street or highway designated by local
authorities within their respective jurisdictions as part of a
major arterial system of streets or highways.
(DDD) "Ridesharing arrangement" means the transportation
of
persons in a motor vehicle where such transportation is
incidental
to another purpose of a volunteer driver and includes
ridesharing
arrangements known as carpools, vanpools, and
buspools.
(EEE) "Motorized wheelchair" means any self-propelled
vehicle designed for, and used by, a handicapped person and that
is incapable of a speed in excess of eight miles per hour.
(FFF) "Child day-care center" and "type A family day-care
home" have the same meanings as in section 5104.01 of the Revised
Code.
(GGG) "Multi-wheel agricultural tractor" means
a type of
agricultural tractor that has two or more wheels or tires on each
side of
one axle
at the rear of the tractor, is
designed or used
for drawing other vehicles or wheeled machinery,
has no provision
for carrying loads independently of
the drawn vehicles or
machinery, and is used principally for agricultural
purposes.
(HHH)
"Operate" means to cause or have caused movement of a
vehicle, streetcar, or trackless trolley on any public or private
property
used by the public for purposes of
vehicular travel or
parking.
(III) "Predicate motor vehicle or traffic offense" means any
of
the following:
(1) A violation of section 4511.03, 4511.051, 4511.12,
4511.132,
4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,
4511.22,
4511.23, 4511.25,
4511.26,
4511.27, 4511.28, 4511.29,
4511.30,
4511.31, 4511.32, 4511.33, 4511.34,
4511.35,
4511.36,
4511.37,
4511.38, 4511.39, 4511.40, 4511.41, 4511.42,
4511.43,
4511.431,
4511.432, 4511.44, 4511.441, 4511.451,
4511.452,
4511.46, 4511.47,
4511.48, 4511.481, 4511.49, 4511.50,
4511.511,
4511.53, 4511.54,
4511.55, 4511.56, 4511.57, 4511.58,
4511.59,
4511.60, 4511.61,
4511.64, 4511.66, 4511.661, 4511.68,
4511.70,
4511.701, 4511.71,
4511.711, 4511.712, 4511.713, 4511.72,
4511.73,
4511.763,
4511.771, 4511.78, or 4511.84 of the Revised
Code;
(2) A violation of division (A)(2) of section 4511.17,
divisions
(A) to (D) of section 4511.51, or division (A) of
section 4511.74 of the Revised Code;
(3) A violation of any provision of sections 4511.01 to
4511.76 of the Revised Code for
which no penalty otherwise is
provided in the
section that contains the provision violated;
(4) A violation of a municipal ordinance that is
substantially
similar to any section or provision set forth or
described in division
(III)(1), (2), or (3) of this section.
Sec. 4511.03.
(A) The driver of any emergency vehicle or
public
safety vehicle,
when responding to an emergency call, upon
approaching a red or stop signal or
any stop sign shall slow down
as necessary for safety to traffic, but may
proceed cautiously
past such red or stop sign or signal with due regard for
the
safety of all persons using the street or highway.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.051.
(A) No person, unless otherwise directed by
a
police officer, shall:
(A)(1) As a pedestrian, occupy any space within the limits
of
the right-of-way of a freeway, except: in a rest area; on a
facility that is separated from the roadway and shoulders of the
freeway and is designed and appropriately marked for pedestrian
use; in the performance of public works or official duties; as a
result of an emergency caused by an accident or breakdown of a
motor vehicle; or to obtain assistance;
(B)(2) Occupy any space within the limits of the
right-of-way
of a freeway, with: an animal-drawn vehicle; a
ridden or led
animal; herded animals; a pushcart; a bicycle,
except on a
facility that is separated from the roadway and
shoulders of the
freeway and is designed and appropriately marked
for bicycle use;
a bicycle with motor attached; a motor driven
cycle with a motor
which produces not to exceed five brake
horsepower; an
agricultural tractor; farm machinery; except in the
performance
of public works or official duties.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.11. (A) Local authorities in their respective
jurisdictions shall place and maintain traffic control devices in
accordance with the department of transportation manual and
specifications for a uniform system of traffic control devices,
adopted under section 4511.09 of the Revised Code, upon highways
under their jurisdiction as are necessary to indicate and to
carry
out sections 4511.01 to 4511.76 and 4511.99 of the Revised
Code,
local traffic ordinances, or to regulate, warn, or guide
traffic.
(B) The director of transportation may require to be
removed
any traffic control device that does not conform to the
manual and
specifications for a uniform system of traffic control
devices on
the extensions of the state highway system within
municipal
corporations.
(C) No village shall place or maintain any traffic control
signal upon an extension of the state highway system within the
village without first obtaining the permission of the director.
The director may revoke the permission and may require to be
removed any traffic control signal that has been erected without
his
the director's permission on an extension of a state highway
within a
village, or that, if erected under a permit granted by
the
director, does not conform to the state manual and
specifications, or that is not operated in accordance with the
terms of the permit.
(D) All traffic control devices erected on a public road,
street, or alley, shall conform to the state manual and
specifications.
(E) No person, firm, or corporation shall sell or offer
for
sale to local authorities any traffic control device that
does not
conform to the state manual and specifications, except
by
permission of the director.
(F) No local authority shall purchase or manufacture any
traffic control device that does not conform to the state manual
and specifications, except by permission of the director.
(G)
Whoever violates division (E) of this section is
guilty
of a misdemeanor of the third degree.
Sec. 4511.12.
(A) No pedestrian, driver of a vehicle, or
operator
of a streetcar or
trackless trolley shall disobey the
instructions of any traffic
control device
placed in accordance
with this chapter, unless at the time
otherwise directed
by a
police officer.
No provision of this chapter for which signs are required
shall
be enforced
against an alleged violator if at the time and
place of the
alleged violation
an official sign is not in proper
position and sufficiently
legible to be seen
by an ordinarily
observant person. Whenever a particular section of this
chapter
does not state that signs are required, that section shall be
effective
even though no signs are erected or in place.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.132.
(A) The driver of a vehicle, streetcar, or
trackless trolley who approaches an intersection where traffic is
controlled by traffic control signals shall do all of the
following, if the signal facing
him
the driver either exhibits
no
colored
lights or colored lighted arrows or exhibits a combination
of
such lights or arrows that fails to clearly indicate the
assignment of right-of-way:
(A)(1) Stop at a clearly marked stop line, but if none, stop
before entering the crosswalk on the near side of the
intersection, or, if none, stop before entering the intersection;
(B)(2) Yield the right-of-way to all vehicles, streetcars,
or
trackless trolleys in the intersection or approaching on an
intersecting road, if the vehicles, streetcars, or trackless
trolleys will constitute an immediate hazard during the time the
driver is moving across or within the intersection or junction of
roadways;
(C)(3) Exercise ordinary care while proceeding through the
intersection.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.16.
(A) No person shall place, maintain, or
display
upon or in view of any highway any unauthorized sign,
signal,
marking, or device which purports to be, is an imitation
of, or
resembles a traffic control device or railroad sign or
signal, or
which attempts to direct the movement of traffic or
hides from
view or interferes with the effectiveness of any
traffic control
device or any railroad sign or signal, and no
person shall place
or maintain, nor shall any public authority
permit, upon any
highway any traffic sign or signal bearing
thereon any commercial
advertising. This section does not
prohibit either the erection
upon private property adjacent to
highways of signs giving useful
directional information and of a
type that cannot be mistaken for
traffic control devices or the
erection upon private property of
traffic control devices by the
owner of real property in
accordance with sections 4511.211 and
4511.432 of the Revised
Code.
Every such prohibited sign, signal, marking, or device is a
public nuisance, and the authority having jurisdiction over the
highway may remove it or cause it to be removed.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.17.
(A) No person, without lawful authority,
shall do any
of the
following:
(A) knowingly
(1)
Knowingly move, deface, damage,
destroy,
or otherwise improperly
tamper with any traffic control device,
any railroad sign or signal, or any
inscription, shield, or
insignia on the device, sign, or signal, or any part
of
the
device, sign, or signal;
(B) knowingly
(2)
Knowingly drive upon or over any
freshly
applied pavement marking
material on the surface of a roadway
while the marking materiel is in an
undried condition and is
marked by flags, markers, signs, or other devices
intended to
protect it;
(C) knowingly
(3)
Knowingly move, damage, destroy, or
otherwise improperly tamper with a
manhole cover.
(B)(1)
Except as otherwise provided in this division,
whoever
violates division (A)(1) or (3) of this section is guilty
of a
misdemeanor of the third degree. If a violation of division
(A)(1) or (3) of this section creates a risk of physical harm to
any person, the offender is guilty of a misdemeanor of the first
degree. If a
violation of
division (A)(1) or (3) of this section
causes serious physical
harm to property that is owned, leased, or
controlled by a state or local
authority, the offender
is guilty
of a felony of the fifth degree.
(2) Except as otherwise provided in this division, whoever
violates division (A)(2) of this section is guilty of a minor
misdemeanor. If, within one year of the offense, the offender
previously has
been convicted of or pleaded guilty to one
predicate motor vehicle or traffic offense, whoever violates
division
(A)(2) of this section is guilty of a misdemeanor of the
fourth degree. If, within one year of the offense, the offender
previously
has been
convicted of two or more predicate motor
vehicle or traffic offenses, whoever
violates
division (A)(2) of
this section is guilty of a misdemeanor of the
third degree.
Sec. 4511.18. (A) As used in this section, "traffic
control
device" means any sign, traffic control signal, or other
device
conforming to and placed or erected in accordance with the
manual
adopted under section 4511.09 of the Revised Code by
authority of
a public body or official having jurisdiction, for
the purpose of
regulating, warning, or guiding traffic, including
signs denoting
the names of streets and highways, but does not
mean any pavement
marking.
(B) No individual shall buy or otherwise possess, or sell,
a
traffic control device, except when one of the following
applies:
(1) In the course of
his
the individual's employment by the
state or a local authority for the express or implied purpose of
manufacturing, providing, erecting, moving, or removing such a
traffic control device;
(2) In the course of
his
the individual's employment by any
manufacturer of
traffic control devices other than a state or
local authority;
(3) For the purpose of demonstrating the design and
function
of a traffic control device to state or local officials;
(4) When the traffic control device has been purchased
from
the state or a local authority at a sale of property that is
no
longer needed or is unfit for use;
(5) The traffic control device has been properly purchased
from a manufacturer for use on private property and the person
possessing the device has a sales receipt for the device or other
acknowledgment of sale issued by the manufacturer.
(C) This section does not preclude, and shall not be
construed as precluding, prosecution for theft in violation of
section 2913.02 of the Revised Code or a municipal ordinance
relating to theft, or for receiving stolen property in violation
of section 2913.51 of the Revised Code or a municipal ordinance
relating to receiving stolen property.
(D)
Whoever violates this section is guilty of a misdemeanor
of
the third degree.
Sec. 4511.181. As used in sections 4511.181 to 4511.197 of
the Revised Code:
(A) "Equivalent offense" means any of the following:
(1) A violation of division (A) or (B) of section
4511.19 of
the Revised Code;
(2) A violation of a municipal OVI ordinance;
(3) A violation of section 2903.04 of the Revised Code in a
case
in which the offender was subject to the sanctions described
in division
(D) of that section;
(4) A violation of division (A)(1) of section 2903.06 or
2903.08
of the Revised Code or a municipal ordinance that is
substantially equivalent to either of
those divisions;
(5) A violation of division (A)(2), (3), or (4) of section
2903.06, division (A)(2) of section 2903.08, or former section
2903.07
of the Revised Code, or a municipal ordinance that is
substantially equivalent to any of
those divisions or that former
section, in a case in which a judge or jury as
the trier of fact
found that the offender was under the influence of alcohol, a drug
of
abuse, or a combination of them;
(6) A violation of an existing or former municipal
ordinance, law
of another state, or law of the United States that
is
substantially equivalent to division (A) or (B) of section
4511.19 of the
Revised Code;
(7) A violation of a former law of this state that was
substantially equivalent to division (A) or (B) of section
4511.19
of the Revised Code.
(B)
"Mandatory jail term" means the mandatory term in jail
of
three, six, ten, twenty, thirty, or sixty days that must be
imposed under
division
(G)(1)(a), (b), or
(c) of section
4511.19
of the Revised Code upon an offender convicted of a
violation of
division (A) of that section and in relation to which
all of the
following apply:
(1) Except as specifically authorized under section 4511.19
of the Revised Code, the term
must be served in a jail.
(2) Except as specifically authorized under section 4511.19
of
the Revised Code, the term cannot be suspended, reduced, or
otherwise modified pursuant to section 2929.51, 2951.02, or any
other
provision of the Revised Code.
(C)
"Municipal OVI ordinance" and "municipal
OVI offense"
mean any
municipal ordinance prohibiting a person from operating a
vehicle while under
the influence of alcohol, a drug of abuse, or
a combination of them or
prohibiting
a person from operating a
vehicle with a prohibited concentration
of alcohol in the whole
blood, blood serum or plasma, breath, or
urine.
(D)
"Community residential sanction," "jail," "mandatory
prison
term," "mandatory term of local incarceration," "sanction,"
and "prison term"
have the same meanings as in
section 2929.01 of
the Revised Code.
Sec. 4511.19. (A) No person shall operate any vehicle,
streetcar, or trackless trolley
within this state, if,
at the
time
of the operation, any of the
following apply:
(1) The person is under the influence of alcohol, a drug
of
abuse, or
alcohol and a
drug of abuse
combination of
them;
(2) The person has a concentration of ten-hundredths of
one
per cent or more
but less than seventeen-hundredths of one per
cent
by weight
per unit volume of alcohol in the person's
whole
blood;
(3)
The person has a concentration of twelve-hundredths of
one per
cent or more but less than two hundred four-thousandths of
one per cent
by weight per unit volume of alcohol in the person's
blood serum or
plasma;
(4) The person has a concentration of ten-hundredths of
one
gram or more but less than seventeen-hundredths of one gram
by
weight of alcohol per two hundred ten liters
of the person's
breath;
(4)(5) The person has a concentration of fourteen-hundredths
of one gram or more
but less than two hundred
thirty-eight-thousandths of one gram
by weight of alcohol per one
hundred
milliliters of the person's urine;
(5)(6) The person has a concentration of
seventeen-hundredths of one per cent or more by weight
per unit
volume
of alcohol in the person's
whole blood;
(6)(7)
The person has a concentration of two hundred
four-thousandths of one per cent or more by weight per unit volume
of alcohol
in the person's blood serum or plasma;
(8) The person has a concentration of
seventeen-hundredths
of one gram or more by weight of alcohol per
two hundred ten
liters of the person's breath;
(7)(9) The person has a concentration of two hundred
thirty-eight-thousandths of one gram or more by weight of alcohol
per one hundred milliliters of the person's urine.
(B) No person under twenty-one years of age shall operate
any vehicle, streetcar, or trackless trolley within this state,
if,
at the time of the operation, any of the following
apply:
(1) The person has a concentration of at least
two-hundredths of one per cent but less than ten-hundredths of
one
per cent by weight
per unit volume of alcohol in the person's
whole blood;
(2)
The person has a concentration of at least
three-hundredths of one per
cent but less than twelve-hundredths
of one per cent by weight per unit volume
of alcohol in the
person's blood serum or plasma;
(3) The person has a concentration of at least
two-hundredths of one gram but less than ten-hundredths of one
gram by weight of alcohol per two hundred ten liters of the
person's breath;
(3)(4) The person has a concentration of at least
twenty-eight one-thousandths of one gram but less than
fourteen-hundredths of one gram by weight of alcohol per one
hundred milliliters of the person's urine.
(C) In any proceeding arising out of one incident, a
person
may be charged with a violation of division (A)(1) and a
violation
of division (B)(1), (2), or (3) of this section, but
the person
may not be convicted of more than one violation of these
divisions.
(D)(1) In any criminal prosecution or juvenile court
proceeding for a violation of this section, of a municipal
ordinance relating to operating a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse, or of a municipal ordinance relating to operating a
vehicle
with a prohibited concentration of alcohol in the blood,
breath,
or urine
or for an equivalent offense, the court may admit
evidence on the
concentration of alcohol, drugs of abuse, or
alcohol and drugs of
abuse
a combination of them in the
defendant's
whole blood,
blood serum or plasma, breath, urine, or
other bodily
substance at the time of the alleged violation as
shown by
chemical analysis of the
defendant's blood, urine,
breath, or
other bodily substance withdrawn within two hours of
the time of
the alleged violation.
When a person submits to a blood test at the request of a
police
law enforcement officer under section 4511.191 of the
Revised Code, only a
physician, a registered nurse, or a qualified
technician
or,
chemist,
or phlebotomist shall withdraw blood for
the purpose of
determining
its
the
alcohol, drug, or alcohol and
drug content
of the whole blood, blood serum,
or blood plasma.
This limitation does
not apply to the taking of breath or urine
specimens. A
physician, a registered nurse, or a qualified
technician or
chemist
person authorized to withdraw blood under
this division may
refuse to withdraw blood
for the purpose of
determining the alcohol, drug, or alcohol and drug content of the
blood
under this division, if in
the
that person's
opinion
of the
physician, nurse,
technician, or chemist, the physical welfare of
the person would
be endangered by the withdrawing of blood.
Such
The bodily substance
withdrawn shall be analyzed in
accordance with
methods approved by the director of health by an
individual
possessing a valid permit issued by the director
of
health
pursuant to section 3701.143 of the Revised Code.
(2) In a criminal prosecution or juvenile court proceeding
for a violation of division (A) of this section, of a municipal
ordinance relating to operating a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse, or of a municipal ordinance substantially equivalent to
division (A) of this section relating to operating a vehicle with
a prohibited concentration of alcohol in the blood, breath, or
urine
or for an equivalent offense, if there was at the time the
bodily substance was
withdrawn a concentration of less than
ten-hundredths of one per
cent by weight of alcohol in the
defendant's blood, less than
ten-hundredths of one gram by weight
of alcohol per two hundred
ten liters of the defendant's breath,
or less than
fourteen-hundredths of one
gram by weight of alcohol
per one hundred milliliters of the
defendant's
urine, such
the
applicable concentration of alcohol specified in
divisions (A)(2),
(3), (4), and (5) of this section, that fact
may be considered
with other competent evidence
in determining the guilt or
innocence of the defendant. This
division does not limit or
affect a criminal prosecution or
juvenile court proceeding for a
violation of division (B) of this
section or
of a municipal
ordinance
for an equivalent offense that
is substantially
equivalent to
that
division
(B) of this section relating to
operating a vehicle with
a prohibited concentration of alcohol in
the blood, breath, or urine.
(3) Upon the request of the person who was tested, the
results of the chemical test shall be made available to the
person
or the person's
attorney
or agent, immediately upon the completion
of the chemical test analysis.
The person tested may have a physician, a registered nurse,
or a qualified technician
or, chemist,
or
phlebotomist of the
person's own
choosing administer a chemical test or tests,
at the
person's
expense, in addition to any
administered at the request
of a
police
law enforcement
officer, and shall be so
advised.
The
form to be read to the person to be tested, as required
under
section 4511.192 of the Revised Code, shall state that the person
may have an
independent test performed at the person's expense.
The failure or
inability to obtain an additional
chemical test by
a person shall not preclude the admission of
evidence relating to
the chemical test or tests taken at the
request of a
police
law
enforcement officer.
(4) Any
(E)(1)
Subject to division (E)(3) of
this section,
in any
criminal prosecution or juvenile court proceeding for a
violation of
division (A)(2), (3), (4), (5), (6), (7), (8), or (9)
or
(B)(1), (2), (3), or
(4) of this
section or for an equivalent
offense that is substantially equivalent to any
of those
divisions, a laboratory report from any
forensic laboratory
certified by the department of health that
contains an analysis of
the whole blood, blood serum or plasma,
breath, urine, or other
bodily substance tested and that contains
all of the information
specified in this division shall be
admitted as prima-facie
evidence of the information and statements
that the report
contains. The laboratory report shall contain all
of the
following:
(a)
The signature, under oath, of any person who performed
the
analysis;
(b)
Any findings as to the identity and quantity of alcohol,
a
drug of abuse, or a combination of them that was found;
(c)
A copy of a notarized statement by the laboratory
director or
a designee of the director that contains the name of
each certified analyst or test performer involved with the
report,
the analyst's or test performer's employment relationship
with the
laboratory that issued the report, and a notation that
performing
an analysis of the type involved is part of the
analyst's or test
performer's regular duties;
(d)
An outline of the analyst's or test performer's
education,
training, and experience in performing the type of
analysis involved and a
certification that the laboratory
satisfies appropriate quality control standards in general and, in
this
particular analysis, under rules of the
department of health.
(2) Notwithstanding any other provision of law regarding the
admission of
evidence, a report of the type described
in division
(E)(1) of this section is not admissible against the
defendant to
whom
it pertains in any proceeding, other than a preliminary
hearing or a grand
jury proceeding, unless the prosecutor
has
served a
copy of the report on the defendant's attorney or, if the
defendant has no attorney, on the defendant.
(3) A report of the type described in division (E)(1) of
this
section shall not be prima-facie evidence of the contents,
identity, or amount
of any substance if, within seven days after
the
defendant to whom the report pertains or the defendant's
attorney
receives a copy of the report, the defendant or the
defendant's
attorney demands the testimony of the person who
signed the
report. The judge in the case may extend the seven-day
time limit
in the interest of justice.
(F) Except as otherwise provided in this division, any
physician, registered nurse, or qualified
technician
or, chemist,
or phlebotomist who
withdraws blood from a person pursuant
to this
section, and any hospital, first-aid station, or clinic
at which
blood is withdrawn from a person pursuant to this
section, is
immune from criminal liability, and
from civil
liability
that is
based upon a claim of assault and battery or
based upon any other
claim that is not
in the nature of a claim
of malpractice, for any
act performed in withdrawing blood from
the person.
The immunity
provided in this division is not available to a
person who
withdraws blood if the person engages in willful or wanton
misconduct.
(G)(1) Whoever violates any provision of divisions
(A)(1) to
(9) of this section is
guilty of
operating a vehicle under the
influence of alcohol, a drug of abuse, or a
combination of them.
The court shall sentence the offender under
Chapter 2929. of the
Revised Code, except as otherwise
authorized or required by
divisions (G)(1)(a)
to (e)
of this section:
(a)
Except as otherwise provided in division
(G)(1)(b), (c),
(d),
or (e) of this section, the offender is guilty of a
misdemeanor of
the first degree, and the court shall sentence the
offender to all of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1), (2), (3), (4), or (5) of this section, a
mandatory jail term
of three consecutive days. As used in
this
division, three consecutive days means seventy-two consecutive
hours.
The court
may sentence an offender to both an
intervention
program and a jail term. The court may impose a jail
term in
addition to the three-day mandatory jail term or intervention
program. However,
in no case shall the cumulative jail term
imposed for the offense
exceed six months.
The court may suspend the execution of the
three-day jail
term under this division if the court, in lieu of that
suspended
term, places the offender on probation and requires the offender
to
attend, for three consecutive days, a
drivers' intervention
program certified under section 3793.10 of the Revised Code.
The
court also may suspend the execution of any part of the
three-day
jail term under this division if it places the offender on
probation for part of the three days, requires the offender to
attend for the suspended part of the term a drivers' intervention
program so certified, and sentences the offender to a jail term
equal to the remainder of the three consecutive days that the
offender does not spend attending the program. The court may
require the offender, as a condition of probation and in addition
to the required attendance at a drivers' intervention program, to
attend and satisfactorily complete any treatment or education
programs that comply with the minimum standards adopted pursuant
to Chapter 3793. of the Revised Code by the director of alcohol
and drug addiction services that the operators of the drivers'
intervention program determine that the offender should attend and
to report periodically to the court on the offender's progress in
the programs. The court also may impose on the offender any other
conditions of probation that it considers necessary.
(ii)
If the sentence is being imposed for a violation of
division
(A)(6),
(7), (8), or (9) of this section, except as
otherwise provided in
this division, a mandatory jail term of at
least three consecutive
days and a requirement that the offender
attend, for three
consecutive days, a drivers' intervention
program that is
certified pursuant to section 3793.10 of the
Revised Code. As
used in this division, three consecutive days
means seventy-two consecutive
hours. If the court determines that
the offender is not
conducive to treatment in a drivers'
intervention program, if the
offender refuses to attend a drivers'
intervention program, or if the jail at
which the offender is to
serve the jail term imposed can provide a
driver's intervention
program, the court shall sentence the
offender to a mandatory jail
term of at least six consecutive
days.
The court may require the offender, as a condition of
probation,
to attend and satisfactorily complete any treatment or
education
programs that comply with the minimum standards adopted
pursuant to
Chapter 3793. of the Revised Code by the director of
alcohol and drug addiction services, in addition to the required
attendance at
drivers' intervention program, that the operators of
the drivers' intervention
program determine that
the offender
should attend and to report periodically to the court
on the
offender's progress in the programs. The court also may
impose
any other conditions of probation on the offender that it
considers necessary.
(iii)
In all cases,
a fine of not less than two hundred
fifty
and not more than one
thousand dollars;
(iv)
In all cases, a class five license suspension of the
offender's driver's or commercial driver's license or permit or
nonresident
operating privilege from the range specified in
division (A)(5) of
section 4510.02 of the Revised Code. The court
may grant limited driving privileges
relative to the suspension
under sections 4510.021 and 4510.13 of the
Revised
Code.
(b)
Except as otherwise provided in division
(G)(1)(e)
of
this section,
an offender who, within six years of the offense,
previously
has been convicted of or pleaded guilty to one
violation of division
(A) or (B) of this section or one other
equivalent offense
is guilty of a misdemeanor of the first degree.
The court shall sentence the
offender to all of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1), (2), (3), (4), or (5) of this section, a
mandatory jail term
of ten consecutive days. The court
shall
impose the ten-day mandatory jail term under this division unless,
subject to division (G)(3) of this section, it instead
imposes a
sentence under that division consisting of both a jail term and a
term of
electronically
monitored
house arrest. The court may
impose a
jail term in addition to the
ten-day mandatory jail term.
The
cumulative jail
term imposed for the offense shall not exceed
six
months.
In addition to the jail term or the term of electronically
monitored house arrest and jail term, the court may require the
offender
to attend a drivers' intervention program that is
certified pursuant to
section 3793.10 of the Revised Code. If the
operator of the
program determines that the offender is alcohol
dependent, the
program shall notify the court, and, subject to
division (I) of
this section, the court shall order the offender
to obtain treatment through
an alcohol and drug
addiction program
authorized by section 3793.02 of the Revised
Code.
(ii)
If the sentence is being imposed for a violation of
division
(A)(6),
(7), (8), or (9) of this section, except as
otherwise provided in
this division, a mandatory jail term of
twenty consecutive days. The court
shall impose the twenty-day
mandatory jail term under
this division unless, subject to
division (G)(3) of this section,
it instead imposes a sentence
under that division
consisting of both a jail term and a term of
electronically
monitored
house arrest. The court may impose a
jail term in
addition to the twenty-day
mandatory jail term. The
cumulative
jail term imposed for the offense shall
not exceed six
months.
In addition to the jail term or the term of electronically
monitored house arrest and jail term, the court may require the
offender
to attend a driver's intervention program that is
certified pursuant to
section 3793.10 of the Revised Code. If the
operator of the
program determines that the offender is alcohol
dependent, the
program shall notify the court, and, subject to
division (I) of
this section, the court shall order the offender
to obtain
treatment through an alcohol and drug addiction program
authorized
by section 3793.02 of the Revised Code.
(iii)
In all cases, notwithstanding the fines set forth in
Chapter
2929. of the Revised Code, a fine of not less than three
hundred fifty and not more than one thousand five hundred dollars;
(iv)
In all cases, a class four license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(4) of
section 4510.02 of
the Revised Code. The court may grant limited
driving
privileges relative to the suspension under sections
4510.021 and 4510.13 of
the Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's
name, immobilization of the vehicle involved in the
offense for ninety days in
accordance with section
4503.233 of the
Revised Code and impoundment of the license plates
of that vehicle
for ninety days.
(c)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously
has been convicted of or pleaded guilty to two
violations of division
(A) or (B) of this section or other
equivalent offenses is
guilty of a
misdemeanor. The court shall
sentence the offender to all
of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1), (2), (3), (4), or (5) of this section, a
mandatory jail term
of thirty consecutive days. The court
shall
impose the thirty-day mandatory jail term under this division
unless, subject to division (G)(3) of this section, it
instead
imposes a sentence under that division consisting of both a jail
term and a term of
electronically
monitored house arrest. The
court may impose a
jail term in addition to the
thirty-day
mandatory jail term.
Notwithstanding the terms of imprisonment
set
forth in Chapter
2929. of the Revised Code, the additional
jail
term shall not
exceed one year, and the cumulative jail term
imposed
for the
offense shall not exceed
one year.
(ii)
If the sentence is being imposed for a violation of
division
(A)(6), (7), (8), or (9) of this section, a mandatory
jail term of
sixty
consecutive days. The court shall impose the
sixty-day mandatory jail
term under this division unless, subject
to division (G)(3)
of this section, it instead imposes a sentence
under that division
consisting of both a jail term
and a term of
electronically
monitored house arrest. The court may impose a
jail term in
addition to the sixty-day mandatory jail term.
Notwithstanding
the terms of imprisonment set forth in Chapter
2929. of the
Revised Code, the additional jail term shall
not
exceed one year,
and the cumulative jail term imposed for the
offense
shall not
exceed one year.
(iii)
In all cases, notwithstanding the fines set forth in
Chapter 2929. of the Revised Code, a fine of not less than five
hundred fifty and
not more than two thousand five hundred dollars;
(iv)
In all cases, a class three license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(3) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's
name, criminal forfeiture of the vehicle involved in
the offense in
accordance with section
4503.234 of the Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of criminal forfeiture under
this division.
(vi)
In all cases, participation in an alcohol and drug
addiction
program authorized by section
3793.02 of the Revised
Code, subject to division (I) of this
section.
(d)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously has been
convicted of or pleaded guilty to three or
more violations of division
(A) or (B) of this section or other
equivalent offenses is
guilty of a felony of the fourth degree.
The court shall
sentence the offender to all of the following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1), (2), (3), (4), or (5) of this section, in the
discretion of
the court, either a mandatory term of local
incarceration of sixty consecutive
days in accordance with
division (G)(1) of section 2929.13 of the Revised Code or a
mandatory prison term of sixty consecutive days of imprisonment in
accordance
with division (G)(2) of that section. If the
court
imposes a mandatory term of local incarceration, it may impose a
jail
term in addition to the sixty-day mandatory term, the
cumulative total of the mandatory
term and the jail term for the
offense
shall not exceed one year, and no prison term is
authorized for the
offense. If the court imposes a mandatory
prison term, notwithstanding
division (A)(4) of section 2929.14 of
the Revised
Code, it also may sentence the offender to a definite
prison term
that shall be not less than six months and not more
than thirty months, the
prison terms shall be imposed as described
in division (G)(2) of
section 2929.13 of the Revised Code, and no
term of local
incarceration, community residential sanction, or
nonresidential sanction is
authorized for the offense.
(ii)
If the sentence is being imposed for a violation of
division
(A)(6), (7), (8), or (9) of this section, in the
discretion of the
court, either a mandatory term of local
incarceration of one
hundred twenty consecutive days in accordance
with division (G)(1)
of section 2929.13 of the Revised Code or a
mandatory prison
term of one hundred twenty consecutive days in
accordance with division
(G)(2) of that section. If the court
imposes a mandatory
term of local incarceration, it may impose a
jail term in addition to the one
hundred twenty-day mandatory
term, the cumulative total of the mandatory term
and the jail term
for
the offense shall not exceed one year, and no prison term is
authorized for the offense. If the court imposes a mandatory
prison term, notwithstanding division (A)(4) of section 2929.14 of
the Revised Code,
it also may sentence the offender to a definite
prison term that shall be not
less than six months and not more
than thirty months, the prison terms shall
be imposed as described
in division (G)(2) of section 2929.13 of the Revised Code,
and no
term of local incarceration, community residential sanction, or
nonresidential sanction is authorized for the offense.
(iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than eight hundred nor more than
ten thousand
dollars;
(iv)
In all cases, a class two license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(2) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of
criminal
forfeiture
under
this division.
(vi)
In all cases, participation in an alcohol and drug
addiction
program
authorized by section 3793.02 of the Revised
Code, subject to
division (I) of this section.
(vii)
In all cases, if the court sentences the offender to a
mandatory term of local incarceration, in addition to the
mandatory term, the
court, pursuant to section 2929.17 of the
Revised Code,
may impose a term
of electronically monitored house
arrest. The term shall not
commence until after the
offender has
served the mandatory term of local incarceration.
(e)
An offender who previously has been convicted of or
pleaded
guilty to a violation of
division (A) of this section that
was a felony, regardless
of when the violation and the conviction
or guilty plea occurred, is guilty of
a felony of the third
degree. The court shall sentence the offender to all of
the
following:
(i)
If the offender is being sentenced for a violation of
division (A)(1), (2), (3), (4), or (5) of this section, a
mandatory
prison term of sixty consecutive days in
accordance with
division (G)(2) of section 2929.13 of the Revised Code. The court
may impose a prison term in
addition to the sixty-day mandatory
prison term. The cumulative
total of
the mandatory prison term
and the additional prison term for the offense shall
not exceed
five years. No term of local incarceration, community residential
sanction, or nonresidential
sanction is authorized for the
offense.
(ii)
If the sentence is being imposed for a violation of
division
(A)(6), (7), (8), or (9) of this section, a mandatory
prison term of
one
hundred twenty consecutive days in accordance
with division (G)(2)
of section 2929.13 of the Revised Code. The
court may
impose a prison term in addition to the one hundred
twenty-day mandatory
prison term. The cumulative total of the
mandatory prison term and
the additional prison term for the
offense shall not exceed five
years. No term of local
incarceration, community residential
sanction, or nonresidential
sanction is authorized for the
offense.
(iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than eight hundred nor more than
ten thousand
dollars;
(iv)
In all cases, a class two license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(2) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle
that is subject to an order of
criminal
forfeiture under
this division.
(vi)
In all cases, participation in an alcohol and drug
addiction
program authorized by section 3793.02 of the Revised
Code,
subject to division (I) of this section.
(2) An offender who is convicted of or pleads guilty to a
violation of division (A) of this section and who subsequently
seeks reinstatement of the driver's or occupational driver's
license or permit
or nonresident operating privilege
suspended
under this section as a result of the conviction or
guilty plea
shall pay a reinstatement fee as provided in division
(F)(2) of
section 4511.191 of the Revised Code.
(3) If an offender is sentenced to a jail term under
division
(G)(1)(b)(i)
or (ii)
or
(G)(1)(c)(i)
or (ii)
of this
section and if,
within sixty days of
sentencing of the offender,
the court issues a written finding on the record
that, due to the
unavailability of space at the
jail where the offender is required
to serve the term, the offender will not
be able to begin serving
that term within the
sixty-day period following the date of
sentencing, the court may
impose an alternative sentence under
this division that includes a
term of electronically monitored
house arrest, as defined in section 2929.23
of the Revised Code.
As an alternative to a mandatory jail term of ten consecutive
days
required by division (G)(1)(b)(i) of this
section, the court,
under this division, may sentence the
offender to five consecutive
days in jail and not less than eighteen consecutive days of
electronically
monitored house arrest. The cumulative total of
the five consecutive days in
jail and the period of electronically
monitored house arrest shall
not exceed six months. The five
consecutive days in jail do not
have to be served prior to or
consecutively to the period of house
arrest.
As an alternative to the mandatory jail term of twenty
consecutive
days required by division (G)(1)(b)(ii)
of
this
section, the
court, under this division, may sentence the offender
to ten consecutive days
in jail and not less than thirty-six
consecutive days of electronically
monitored
house arrest. The
cumulative total of the ten consecutive days in
jail and the
period of electronically monitored house arrest shall
not exceed
six months. The ten consecutive days in jail do not
have to be
served prior to or consecutively to the period of house
arrest.
As an alternative to a mandatory jail term of thirty
consecutive
days required by division (G)(1)(c)(i) of
this
section, the court,
under this division, may sentence the offender
to fifteen consecutive days in
jail and not less than fifty-five
consecutive days of electronically
monitored house arrest. The
cumulative total of the fifteen
consecutive days in jail and the
period of electronically
monitored house arrest shall not exceed
one year. The fifteen
consecutive days in jail
do not have to be
served prior to or
consecutively to the period of house arrest.
As an alternative to the mandatory jail term of sixty
consecutive
days required by division (G)(1)(c)(ii)
of
this
section, the
court, under this division, may sentence the offender
to thirty
consecutive days in jail and not less than one hundred
ten
consecutive days of electronically monitored house arrest.
The
cumulative total of the thirty consecutive days in jail and
the
period of electronically monitored house arrest shall not
exceed
one year. The thirty consecutive days in jail do not have
to be
served prior to or consecutively to the period of house
arrest.
(4) If an offender's driver's or occupational driver's
license or
permit or nonresident operating privilege is suspended
under division
(G) of this
section and if section 4510.13 of the
Revised Code permits the
court to grant limited driving
privileges, the court may
grant the limited driving privileges
only
if the court imposes as one of the conditions of the
privileges that the
offender must display on the vehicle that is
driven subject to the privileges
restricted license plates that
are issued under section 4503.231 of the Revised Code, except
as
provided in division (B) of that section.
(5) Fines imposed under this section for a violation of
division
(A) of this section shall be distributed as follows:
(a)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii), thirty-five
dollars of the fine imposed under
division
(G)(1)(b)(iii), one
hundred twenty-three dollars of the
fine imposed under division
(G)(1)(c)(iii),
and two hundred
ten
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section shall be paid to an enforcement
and
education fund established by the legislative authority of the law
enforcement
agency in this state that primarily was responsible
for the arrest of the
offender, as determined by the court that
imposes the fine. The agency shall
use this share to pay only
those costs it incurs in
enforcing this section or a municipal OVI
ordinance
and in informing the public of the laws governing the
operation of
a vehicle while under the influence of alcohol, the
dangers of
the operation of a vehicle under the influence of
alcohol, and other
information relating to the operation of a
vehicle under the influence of
alcohol and the consumption of
alcoholic beverages.
(b)
Fifty dollars of the fine imposed under division
(G)(1)(a)(iii)
of
this section shall be paid to the political
subdivision that pays the cost of
housing the offender during the
offender's term of incarceration. If the
offender is being
sentenced for a violation of division (A)(1),
(2), (3), (4), or
(5) of this section and was confined as a result of the
offense
prior to being
sentenced for the offense but is not sentenced to a
term of incarceration, the
fifty dollars shall
be paid to the
political subdivision that paid the cost of housing
the offender
during that period of confinement. The political subdivision
shall use the share under this division to pay or
reimburse
incarceration or treatment costs it incurs in housing or
providing
drug and alcohol treatment to persons who violate this
section or
a municipal OVI ordinance, costs of any immobilizing or
disabling
device used on the offender's vehicle, and costs of electronic
house
arrest equipment
needed for persons who violate this
section.
(c)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii)
and fifty
dollars of the fine imposed under
division
(G)(1)(b)(iii)
of this
section shall be deposited into
the county or municipal indigent drivers'
alcohol treatment fund
under the control of that
court, as created by the county or
municipal corporation under division
(N) of section 4511.191 of
the Revised Code.
(d)
One hundred fifteen dollars of the fine imposed under
division
(G)(1)(b)(iii),
two hundred seventy-seven
dollars of the
fine imposed under division
(G)(1)(c)(iii),
and four hundred forty
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section shall be paid to the political
subdivision
that pays the cost of housing the offender during the
offender's term of
incarceration. The political subdivision shall
use
this share to pay or reimburse incarceration or treatment
costs it incurs in
housing or providing drug and alcohol treatment
to persons who
violate this section or a municipal OVI ordinance,
costs for any
immobilizing or disabling device used on the
offender's vehicle, and costs of electronic house arrest equipment
needed for
persons who violate this section.
(e)
The balance of the fine imposed under division
(G)(1)(a)(iii),
(b)(iii), (c)(iii),
(d)(iii),
or (e)(iii) of this
section
shall be
disbursed as otherwise provided by law.
(6) If title to a motor vehicle that is subject to an order
of criminal forfeiture under division (G)(1)(c), (d), or (e) of
this section is assigned or transferred and division (B)(2) or (3)
of section 4503.234 of the Revised Code applies, in addition to or
independent of any other penalty established by law, the court may
fine the offender the value of the vehicle as determined by
publications of the national auto dealers association. The
proceeds of any fine so imposed shall be distributed in accordance
with division (C)(2) of that section.
(H) Whoever violates division (B) of this section is
guilty
of
operating a vehicle after underage alcohol consumption and
shall be
punished as follows:
(1) Except as otherwise provided in division (H)(2) of this
section, the offender is guilty of a misdemeanor of the fourth
degree. In
addition to any other sanction imposed for the
offense, the court shall impose a class six suspension of the
offender's
driver's license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(6) of
section
4510.02 of the Revised Code.
(2) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to one or more
violations of
division (A) or (B) of this section or other
equivalent
offense offenses, the
offender is guilty of a
misdemeanor of the third degree. In addition to any
other
sanction imposed
for the offense, the court shall impose a class
four suspension of the
offender's driver's license, commercial
driver's license, temporary
instruction permit, probationary
license, or nonresident operating privilege
from the range
specified in division (A)(4) of
section 4510.02 of the Revised
Code.
(I)(1)
No court shall sentence an offender to an alcohol
treatment program under this section unless the treatment program
complies
with the minimum standards for alcohol treatment programs
adopted
under Chapter 3793. of the Revised Code by the director of
alcohol
and drug addiction services.
(2) An offender who stays in a drivers' intervention program
or in an
alcohol treatment program under
an order issued under
this section shall pay the cost of the stay in the
program.
However, if the court determines that an offender who stays in an
alcohol treatment program under an order issued under this section
is unable
to
pay the cost of the stay in the program, the court
may order that the cost be
paid from the court's
indigent drivers'
alcohol treatment fund.
(J)
If a person whose driver's or commercial driver's
license
or
permit or nonresident operating privilege is suspended
under
this section
files an appeal regarding any aspect of the
person's
trial or sentence, the
appeal itself does not stay the
operation
of the suspension.
(K)
All terms defined in sections 4510.01 of the Revised
Code
apply to this section. If the meaning of a term defined in
section
4510.01 of the Revised Code conflicts with the meaning of
the same term as defined in section 4501.01 or 4511.01 of the
Revised Code, the term as
defined in section 4510.01 of the
Revised Code applies to this section.
(L)(1)
The Ohio Traffic Rules in effect
on the effective date
of
this amendment, as adopted by the supreme court under authority
of
section 2937.46 of the Revised Code, do not apply to felony
violations of this section. Subject to division (L)(2) of this
section, the Rules of Criminal Procedure apply to felony
violations of this section.
(2) If, on or after the effective date of
this
amendment,
the supreme court modifies the Ohio Traffic
Rules
to provide
procedures to govern felony violations of this
section,
the
modified rules shall apply to felony violations
of this
section.
Sec. 4511.191. (A)(1) "Physical control" has the same
meaning as in section 4511.194 of the Revised Code.
(2) Any person who operates a vehicle, streetcar, or
trackless trolley upon
a highway or any public or private property
used by the public
for vehicular travel or parking within this
state
or who is in physical control of a vehicle,
streetcar, or
trackless trolley shall be deemed
to have given
consent to a
chemical test or tests of the
person's
whole blood,
blood serum or
plasma, breath, or urine
for the purpose of
determining
to
determine the alcohol,
drug, or alcohol and drug
content of the
person's
whole blood,
blood serum or plasma,
breath, or urine
if
arrested
for
operating a vehicle while under
the influence of
alcohol, a
drug of abuse, or alcohol and a drug
of abuse or for
operating a
vehicle with a prohibited
concentration of alcohol in
the blood,
breath, or urine. The
a
violation of division (A) or
(B) of
section 4511.19 of the Revised
Code, section 4511.194 of
the
Revised Code, or a municipal OVI
ordinance.
(3) The chemical test or tests
under division (A)(2) of this
section shall be
administered at the request of a
police
law
enforcement officer having reasonable
grounds to believe the
person
to have been
was operating
or in physical control of a
vehicle
upon a highway or any
public or private property used by
the
public for vehicular travel
or parking in this state while
under
the influence of alcohol, a
drug of abuse, or alcohol and a
drug
of abuse or with a prohibited
concentration of alcohol in the
blood, breath, or urine,
streetcar, or trackless trolley in
violation of a division,
section, or ordinance identified in
division (A)(2) of this
section. The law enforcement agency by
which the
officer is
employed shall designate which of the tests
shall be
administered.
(B)(4) Any person who is dead or unconscious, or who
is
otherwise
is in a condition rendering the person incapable of
refusal,
shall be deemed
not to have
withdrawn consent
consented
as provided
by
in
division (A)(2) of this section, and the test or
tests may be
administered, subject to sections 313.12 to 313.16 of
the Revised
Code.
(C)(1) Any person under arrest for operating a vehicle
while
under the influence of alcohol, a drug of abuse, or alcohol
and a
drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine shall be
advised at a police station, or at a hospital, first-aid station,
or clinic to which the person has been taken for first-aid or
medical treatment, of both of the following:
(a) The consequences, as specified in division (E) of this
section, of the person's refusal to submit upon request to a
chemical test
designated by the law enforcement agency as provided
in division
(A) of this section;
(b) The consequences, as specified in division (F) of this
section, of the person's submission to the designated
chemical
test if the person is found to have a prohibited
concentration of
alcohol in the
blood, breath, or urine.
(2)(a) The advice given pursuant to division (C)(1) of
this
section shall be in a written form containing the
information
described in division (C)(2)(b) of this section and
shall be read
to the person. The form shall contain a statement
that the form
was shown to the person under arrest and read to
the person in the
presence of the arresting officer and
either another
police
officer, a civilian police employee, or an employee of a
hospital,
first-aid station, or clinic, if any, to which the
person has been
taken for first-aid or medical treatment. The
witnesses shall
certify to this fact by signing the form.
(b) The form required by division (C)(2)(a) of this
section
shall read as follows:
"You now are under arrest for operating a vehicle while
under
the influence of alcohol, a drug of abuse, or both alcohol
and a
drug of abuse and will be requested by a police officer to
submit
to a chemical test to determine the concentration of
alcohol,
drugs of abuse, or alcohol and drugs of abuse in your
blood,
breath, or urine.
If you refuse to submit to the requested test or if you
submit to the requested test and are found to have a prohibited
concentration of alcohol in your blood, breath, or urine, your
driver's or commercial driver's license or permit or nonresident
operating privilege immediately will be suspended for the period
of time specified by law by the officer, on behalf of the
registrar of motor vehicles. You may appeal this suspension at
your initial appearance before the court that hears the charges
against you resulting from the arrest, and your initial
appearance
will be conducted no later than five days after the
arrest. This
suspension is independent of the penalties for the
offense, and
you may be subject to other penalties upon
conviction."
(D)(1) If a person under arrest as described in division
(C)(1) of this section is not asked by a police officer to submit
to a chemical test designated as provided in division (A) of this
section, the arresting officer shall seize the Ohio or
out-of-state driver's or commercial driver's license or permit of
the person and immediately forward the seized license or permit
to
the court in which the arrested person is to appear on the
charge
for which the person was arrested. If the arrested person does
not have the person's driver's or commercial driver's license or
permit on the person's self or in the person's vehicle, the
arresting
officer shall order the arrested person to surrender it
to
the law enforcement agency that employs
the officer within
twenty-four hours after the arrest, and, upon
the surrender, the
officer's employing agency immediately shall
forward the license
or permit to the court in which the
arrested person is to appear
on the charge for which the person was arrested. Upon
receipt of
the
license or permit, the court shall retain it pending the
initial
appearance of the arrested person and any action taken
under
section 4511.196 of the Revised Code.
If a person under arrest as described in division (C)(1) of
this section is asked by a police officer to submit to a chemical
test designated as provided in division (A) of this section and
is
advised of the consequences of the person's refusal or submission
as
provided in division (C) of this section and if the person
either refuses to submit to the designated chemical test or the
person
submits to the designated chemical test and the test
results
indicate that the person's blood contained a concentration
of ten-hundredths of one per cent or more by weight of alcohol,
the person's breath contained a concentration of ten-hundredths of
one gram or
more by weight of alcohol per two hundred ten liters
of the
person's breath, or the person's urine contained a
concentration of
fourteen-hundredths of one gram or more by weight
of alcohol per
one hundred milliliters of the person's urine at
the time of
the alleged
offense, the arresting officer shall do
all of the following:
(a) On behalf of the registrar, serve a notice of
suspension
upon the person that advises the person that,
independent of any
penalties or sanctions imposed upon the
person pursuant to any
other section of the Revised Code or any other
municipal
ordinance, the person's driver's or commercial
driver's license
or
permit or nonresident operating privilege is suspended, that
the
suspension takes effect immediately, that the suspension will
last
at least until the person's initial appearance on the
charge that
will be held within five days after the date of the person's
arrest or the
issuance of a citation to the person, and that
the
person may appeal the
suspension at the initial appearance; seize
the Ohio or
out-of-state driver's or commercial driver's license
or permit of
the person; and immediately forward the seized
license or permit
to the registrar. If the arrested person does
not have the person's driver's
or commercial driver's license or
permit on the person's self or in
the
person's vehicle, the
arresting officer shall order
the person to surrender it to the
law enforcement agency that employs
the officer within twenty-four
hours after the service of the notice
of suspension, and, upon the
surrender, the officer's employing
agency immediately shall
forward the license or permit to the
registrar.
(b) Verify the current residence of the person and, if it
differs from that on the person's driver's or commercial driver's
license or permit, notify the registrar of the change;
(c) In addition to forwarding the arrested person's
driver's
or commercial driver's license or permit to the
registrar, send to
the registrar, within forty-eight hours after
the arrest of the
person, a sworn report that includes all of the
following
statements:
(i) That the officer had reasonable grounds to believe
that,
at the time of the arrest, the arrested person was
operating a
vehicle upon a highway or public or private property
used by the
public for vehicular travel or parking within this
state while
under the influence of alcohol, a drug of abuse, or
alcohol and a
drug of abuse or with a prohibited concentration of
alcohol in the
blood, breath, or urine;
(ii) That the person was arrested and charged with
operating
a vehicle while under the influence of alcohol, a drug
of abuse,
or alcohol and a drug of abuse or with operating a
vehicle with a
prohibited concentration of alcohol in the blood,
breath, or
urine;
(iii) That the officer asked the person to take the
designated chemical test, advised the person of the consequences
of submitting to the chemical test or refusing to take the
chemical test, and gave the person the form described in division
(C)(2) of this section;
(iv) That the person refused to submit to the chemical
test
or that the person submitted to the chemical test and the
test
results indicate that the person's blood contained a
concentration
of
ten-hundredths of one per cent or more by weight of alcohol,
the
person's breath contained a concentration of ten-hundredths of
one gram or
more by weight of alcohol per two hundred ten liters
of the
person's breath, or the person's urine contained a
concentration of
fourteen-hundredths of one gram or more by weight
of alcohol per
one hundred milliliters of the person's urine at
the time of
the alleged
offense;
(v) That the officer served a notice of suspension upon
the
person as described in division (D)(1)(a) of this section.
(2) The sworn report of an arresting officer completed
under
division (D)(1)(c) of this section shall be given by the
officer
to the arrested person at the time of the arrest or sent
to the
person by regular first class mail by the registrar as
soon
thereafter as possible, but no later than fourteen days
after
receipt of the report. An arresting officer may give an
unsworn
report to the arrested person at the time of the arrest
provided
the report is complete when given to the arrested person
and
subsequently is sworn to by the arresting officer. As soon
as
possible, but no later than forty-eight hours after the arrest
of
the person, the arresting officer shall send a copy of the
sworn
report to the court in which the arrested person is to
appear on
the charge for which the person was arrested.
(3) The sworn report of an arresting officer completed and
sent to the registrar and the court under divisions (D)(1)(c) and
(D)(2) of this section is prima-facie proof of the information
and
statements that it contains and shall be admitted and
considered
as prima-facie proof of the information and statements
that it
contains in any appeal under division (H) of this section
relative
to any suspension of a person's driver's or commercial
driver's
license or permit or nonresident operating privilege
that results
from the arrest covered by the report.
(E)(B)(1) Upon receipt of the sworn report of
an arresting
a
law enforcement
officer
who arrested a person for a violation of
division (A) or (B) of section 4511.19 of the Revised Code,
section 4511.194 of the Revised Code, or a municipal OVI ordinance
that was completed and sent to the registrar and a court pursuant
to
divisions (D)(1)(c) and (D)(2) of this section
4511.192 of the
Revised Code in regard to a
person who refused to take the
designated chemical test, the
registrar shall enter into the
registrar's records the fact
that the person's
driver's or
commercial driver's license or permit or nonresident
operating
privilege was suspended by the arresting officer under
division
(D)(1)(a) of this
division and that section and the period of the
suspension, as determined under
divisions (E)(1)(a) to (d) of
this
section. The suspension shall be subject to appeal as
provided in
this section
and
4511.197 of the Revised Code. The suspension
shall be for whichever of the
following periods applies:
(a)
If the arrested person, within five years of the date
on
which the person refused the request to consent to the
chemical
test,
had not refused a previous request to consent to a chemical
test
of the person's blood, breath, or urine to determine its
alcohol content
Except when division (B)(1)(b), (c), or (d) of
this section applies and specifies a different class or length of
suspension,
the
period of suspension shall be
one year. If the
person is a
resident without a license or permit to operate a
vehicle within
this state, the registrar shall deny to the person
the issuance
of a driver's or commercial driver's license or
permit for a
period of one year after the date of the alleged
violation
a class C suspension for the period of time specified in
division (B)(3) of section 4510.02 of the Revised Code.
(b) If the arrested person, within
five
six years of the
date
on which the person refused the request to consent to the
chemical test,
had refused one previous request to consent to a
chemical test
of
the person's blood, breath, or urine to determine
its
alcohol content, the
period of suspension
or denial shall be
two years
a class B suspension imposed for the period of time
specified in division (B)(2) of section 4510.02 of the Revised
Code.
(c) If the arrested person, within
five
six years of the
date
on which the person refused the request to consent to the
chemical test,
had refused two previous requests to consent to a
chemical test
of the person's blood, breath, or urine to determine
its
alcohol content,
the
period of suspension
or denial shall be
three years
a class A suspension imposed for the period of time
specified in division (B)(1) of section 4510.02 of the Revised
Code.
(d) If the arrested person, within
five
six years of the
date
on which the person refused the request to consent to the
chemical test,
had refused three or more previous requests to
consent to a
chemical test
of the person's blood, breath, or urine
to
determine its
alcohol content, the
period of suspension
or
denial shall be
for five
years.
(2) The suspension or denial imposed under division (E)(1)
of this section shall continue for the entire one-year, two-year,
three-year, or five-year period, subject to appeal as provided in
this section and subject to termination as provided in division
(K) of this section.
(F)(2)
The registrar shall terminate a suspension of the
driver's or commercial driver's license
or permit of a resident or
of the operating privilege of a nonresident, or a
denial of a
driver's or commercial
driver's license or permit, imposed
pursuant to division (B)(1) of
this
section upon receipt of notice
that the person has entered a
plea of guilty to, or has been
convicted of, operating a vehicle in violation
of section 4511.19
of
the Revised Code or in violation of a municipal
OVI ordinance,
if the offense for which the conviction is had or
the
plea is
entered arose from the same incident that led to the suspension or
denial.
The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related suspension
imposed
pursuant to division (B)(1) of this section.
(C)(1) Upon receipt of the sworn report of
an arresting
law
enforcement
officer
who arrested a person for a violation of
division (A) or
(B) of section 4511.19 of the Revised Code or a
municipal OVI
ordinance that was completed and sent to the
registrar and a court
pursuant
to
divisions (D)(1)(c) and (D)(2)
of this section
4511.192 of the Revised Code in regard to a
person
whose test
results indicate that the person's
whole blood, blood
serum or
plasma, breath, or urine
contained
a
at least the
concentration
of
ten-hundredths of one per cent or more by weight
of alcohol,
the
person's breath contained a
concentration of
ten-hundredths of one
gram or more by weight of alcohol per two
hundred ten liters of
the person's breath, or
the person's urine
contained a
concentration of fourteen-hundredths of one gram or
more by
weight
of alcohol per one hundred milliliters of the
person's urine at
the time of the alleged offense
specified in
division (A)(2), (3),
(4), or (5) of section 4511.19 of the
Revised Code, the registrar
shall
enter into the registrar's
records the fact that the
person's driver's or
commercial
driver's
license or permit or
nonresident operating privilege was
suspended
by the arresting
officer under
division (D)(1)(a) of
this
division
and section
4511.192 of the Revised Code and the period of the
suspension, as
determined
under divisions (F)(1) to (4) of this
section. The
suspension
shall be subject to appeal as provided in
this section
and
4511.197 of the Revised Code. The suspension
described in
this division does not apply to, and shall not be
imposed upon, a
person arrested for a violation of section
4511.194
of the Revised
Code who submits to a designated chemical
test.
The
suspension
shall
be for whichever of the following
periods
that
applies:
(1)(a) Except when division
(F)(2), (3), or (4)
(C)(1)(b),
(c), or (d) of this section
applies and specifies a different
period
of suspension or denial, the
period
of the suspension
or
denial shall be
ninety days
a class E suspension imposed for the
period of time specified in division (B)(5) of section 4510.02 of
the Revised Code.
(2)(b) The
period of suspension
or denial shall be
one year
a class C suspension for the period of time
specified in division
(B)(3) of section 4510.02 of the Revised Code if
the person has
been convicted
of or pleaded guilty to, within six years of
the
date the test
was conducted,
of a
one violation of
one of the
following:
(a) Division
division (A) or (B) of section 4511.19 of the
Revised
Code;
(b) A municipal ordinance relating to operating a vehicle
while under
the influence of alcohol, a drug of abuse, or alcohol
and a drug
of abuse;
(c) A municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine;
(d) Section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D) of that section;
(e) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or a
municipal ordinance that
is substantially similar to either of those
divisions;
(f) Division (A)(2), (3), or (4) of
section 2903.06,
division (A)(2) of section
2903.08, or former section 2903.07 of
the Revised Code, or a municipal ordinance that is substantially
similar to any of those divisions or that former section, in a
case in which
the jury or judge found that at the time of the
commission of the
offense the offender was under the influence of
alcohol, a drug
of abuse, or alcohol and a drug of abuse;
(g) A statute of the United States or
of any other state or
a municipal ordinance of a municipal corporation located
in any
other state that is substantially similar to division (A) or (B)
of
section 4511.19 of the Revised Code
or one other equivalent
offense.
(3)(c) If
the person has been convicted, within six years of
the date the test was conducted,
of
the person has been convicted
of or pleaded guilty to two violations of a statute
or ordinance
described in division
(F)(2)(C)(1)(b) of this section,
the
period
of the suspension
or denial shall be
two years
a class B
suspension imposed for the period of time specified in division
(B)(2) of section 4510.02 of the Revised Code.
(4)(d) If
the person has been convicted, within six years of
the date the test was conducted,
of
the person has been convicted
of or pleaded guilty to more than two violations of a
statute or
ordinance described in division
(F)(2)(C)(1)(b) of this
section,
the
period of the suspension
or denial shall be
three
years
a
class A suspension imposed for the period of time specified in
division (B)(1) of section 4510.02 of the Revised Code.
(2) The registrar shall terminate a suspension of the
driver's or
commercial driver's license
or permit of a resident or
of the
operating privilege of a nonresident,
or a denial of a
driver's or
commercial driver's license or permit, imposed
pursuant to
division (C)(1) of this section
upon receipt of notice
that the
person has entered a plea of guilty to, or has
been
convicted of,
operating
a vehicle in violation of section 4511.19
of the Revised
Code or
in violation of a municipal OVI ordinance,
if the
offense
for which the conviction is had or the plea is
entered arose from
the same incident that led to the suspension or
denial.
The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related
suspension imposed
pursuant to division (C)(1) of this section.
(G)(D)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under
division (D)(1)(a) of this section for the
period of time
described in division
(E)(B) or
(F)(C) of this section is
effective
immediately from the time at which the arresting officer
serves
the notice of suspension upon the arrested person. Any
subsequent finding that the person is not guilty of the charge
that resulted in the person being requested to take, or in
the
person taking,
the chemical test or tests under division (A) of
this section
affects
does not affect the suspension
only as
described in division (H)(2) of
this section.
(2) If a person is arrested for operating a vehicle
while
under the influence of alcohol, a drug of abuse, or alcohol and a
drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine and,
streetcar, or trackless trolley in violation of division (A) or
(B) of section 4511.19 of the Revised Code or a municipal OVI
ordinance, or for being in physical control of a
vehicle,
streetcar, or trackless trolley in violation of section
4511.194
of the
Revised Code,
regardless of whether the person's
driver's
or
commercial
driver's license or permit or nonresident
operating
privilege is
or is not suspended under division
(E)(B)
or
(F)(C)
of this section
or Chapter 4510. of the Revised Code,
the person's
initial appearance on the charge resulting from the
arrest shall
be held within five days of the person's arrest or
the issuance of
the citation to the person, subject to any
continuance
granted by
the court pursuant to
division (H)(1) of
this section
4511.197 of
the Revised Code
regarding the issues
specified in that division.
(H)(1) If a person is arrested for operating a vehicle
while
under the influence of alcohol, a drug of abuse, or alcohol
and a
drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine and if
the
person's driver's or commercial driver's license or permit or
nonresident operating privilege is suspended under division (E)
or
(F) of this section, the person may appeal the suspension at
the
person's initial appearance on the charge
resulting from
the
arrest in the court in which the person will appear on
that
charge. If the person appeals the suspension at the
person's
initial appearance, the appeal does
not stay the operation of the
suspension. Subject to division
(H)(2) of this section, no court
has jurisdiction to grant a stay
of a suspension imposed under
division (E) or (F) of this
section, and any order issued by any
court that purports to grant
a stay of any suspension imposed
under either of those divisions
shall not be given administrative
effect.
If the person appeals the suspension at the person's initial
appearance, either the person or the registrar may request a
continuance
of the appeal. Either the person or the registrar
shall make the
request for a continuance of the appeal at the same
time as the
making of the appeal. If either the person or the
registrar
requests a continuance of the appeal, the court may
grant the
continuance. The court also may continue the appeal on
its own
motion. The granting of a continuance applies only to the
conduct of the appeal of the suspension and does not extend the
time within which the initial appearance must be conducted, and
the court shall proceed with all other aspects of the initial
appearance in accordance with its normal procedures. Neither the
request for nor the granting of a continuance stays the operation
of the suspension that is the subject of the appeal.
If the person appeals the suspension at the person's initial
appearance, the scope of the appeal is limited to determining
whether one or more of the following conditions have not been
met:
(a) Whether the law enforcement officer had reasonable
ground to believe the arrested person was operating a vehicle
upon
a highway or public or private property used by the public
for
vehicular travel or parking within this state while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse or with a prohibited concentration of alcohol in the blood,
breath, or urine and whether the arrested person was in fact
placed under arrest;
(b) Whether the law enforcement officer requested the
arrested person to submit to the chemical test designated
pursuant
to division (A) of this section;
(c) Whether the arresting officer informed the arrested
person of the consequences of refusing to be tested or of
submitting to the test;
(d) Whichever of the following is applicable:
(i) Whether the arrested person refused to submit to the
chemical test requested by the officer;
(ii) Whether the chemical test results indicate that the
arrested person's blood contained a concentration of
ten-hundredths of one
per cent
or more by weight of alcohol, the
person's breath contained
a
concentration of ten-hundredths of one
gram or more by weight of
alcohol per two hundred ten liters of
the person's breath,
or the person's urine contained a
concentration of
fourteen-hundredths of one gram or
more by weight
of alcohol per one hundred milliliters of the
person's urine at
the time of the alleged offense.
(2) If the person appeals the suspension at the initial
appearance, the judge or referee of the court or the mayor of the
mayor's court shall determine whether one or more of the
conditions specified in divisions (H)(1)(a) to (d) of this
section
have not been met. The person who appeals the suspension
has the
burden of proving, by a preponderance of the evidence,
that one or
more of the specified conditions has not been met.
If during the
appeal at the initial appearance the judge or
referee of the court
or the mayor of the mayor's court determines
that all of those
conditions have been met, the judge, referee,
or mayor shall
uphold the suspension, shall continue the
suspension, and shall
notify the registrar of the decision on a form
approved by the
registrar. Except as otherwise provided in division
(H)(2) of
this section, if the suspension is upheld or if the person does
not
appeal the suspension at the person's initial appearance
under
division (H)(1) of this section, the suspension shall continue
until the
complaint alleging the violation for which the person
was arrested and in
relation to which the suspension was imposed
is adjudicated on
the merits by the judge or referee of the trial
court or by the
mayor of the mayor's court. If the suspension was
imposed under
division (E) of this section and it is continued
under this
division, any subsequent finding that the person is not
guilty of
the charge that resulted in the person being requested
to take the
chemical test or tests under division (A) of this
section does
not terminate or otherwise affect the suspension. If
the
suspension was imposed under division (F) of this section and
it
is continued under this division, the suspension shall
terminate
if, for any reason, the person subsequently is found not
guilty
of the charge that resulted in the person taking the
chemical test or
tests under division (A) of this section.
If, during the appeal at the initial appearance, the judge
or
referee of the trial court or the mayor of the mayor's court
determines that one or more of the conditions specified in
divisions (H)(1)(a) to (d) of this section have not been met, the
judge, referee, or mayor shall terminate the suspension, subject
to the imposition of a new suspension under division (B) of
section 4511.196 of the Revised Code; shall notify the registrar
of the decision on a form approved by the registrar; and, except
as
provided in division (B) of
section 4511.196 of the Revised
Code, shall order the registrar
to return the driver's or
commercial driver's license or permit
to the person or to take
such measures as may be necessary, if
the license or permit was
destroyed under section 4507.55 of the
Revised Code, to permit the
person to obtain a replacement
driver's or commercial driver's
license or permit from the
registrar or a deputy registrar in
accordance with that section. The court
also shall issue to the
person a court order, valid for
not more than ten days from the
date of issuance, granting the
person operating privileges for
that period of time.
If the person appeals the suspension at the initial
appearance, the registrar shall be represented by the prosecuting
attorney of the county in which the arrest occurred if the
initial
appearance is conducted in a juvenile court or county
court,
except that if the arrest occurred within a city or
village within
the jurisdiction of the county court in which the
appeal is
conducted, the city director of law or village
solicitor of that
city or village shall represent the registrar.
If the appeal is
conducted in a municipal court, the registrar
shall be represented
as provided in section 1901.34 of the
Revised Code. If the appeal
is conducted in a mayor's court, the
registrar shall be
represented by the city director of law,
village solicitor, or
other chief legal officer of the municipal
corporation that
operates that mayor's court.
(I)(1)(a) A person is not entitled to request, and a court
shall not grant to the person, occupational driving privileges
under division
(I)(1) of this section if
a person's driver's or
commercial driver's
license or permit or nonresident operating
privilege has been
suspended pursuant to division (E) of this
section, and the
person, within the preceding seven years, has
refused three
previous requests to consent to a chemical test of
the
person's blood, breath, or urine to determine its alcohol
content or has
been convicted of or pleaded guilty to three or
more violations of
one or more of the following:
(i) Division (A) or (B) of section 4511.19 of the Revised
Code;
(ii) A
municipal ordinance relating to operating a vehicle
while under
the influence of alcohol, a drug of abuse, or alcohol
and a drug
of abuse;
(iii) A municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine;
(iv) Section 2903.04 of the Revised Code in a case in which
the person was subject to the sanctions described in division (D)
of that section;
(v) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or a
municipal ordinance that
is substantially similar to either of those
divisions;
(vi) Division (A)(2), (3), or (4) of
section 2903.06,
division (A)(2) of section
2903.08, or former section 2903.07 of
the
Revised Code, or a municipal ordinance that is substantially
similar to any of those divisions or that former section, in a
case in which
the jury or judge found that the person was under
the influence
of alcohol, a drug of abuse, or alcohol and a drug
of abuse;
(vii) A statute
of the United States or of any other state
or a municipal ordinance of a
municipal corporation located in any
other state that is substantially similar
to division (A) or (B)
of section 4511.19 of the Revised Code.
(b) Any other person who is not described in division
(I)(1)(a) of this section and whose driver's or
commercial
driver's
license or nonresident operating privilege has been
suspended
pursuant to division (E) of this section may file a
petition
requesting occupational driving privileges in the common
pleas court,
municipal court, county court, mayor's court, or, if
the person is a minor,
juvenile court
with jurisdiction over the
related criminal or delinquency case.
The petition may be filed
at any time subsequent to the date on
which the notice of
suspension is served upon
the arrested person. The person shall
pay the costs of the
proceeding, notify the registrar of the
filing of the petition,
and send the registrar a copy of the
petition.
In the proceedings, the registrar shall be represented by
the
prosecuting attorney of the county in which the arrest
occurred if
the petition is filed in the juvenile court, county
court, or
common pleas court, except that, if the arrest occurred within a
city or
village within the jurisdiction of the county court in
which the
petition is filed, the city director of law or village
solicitor
of that city or village shall represent the registrar.
If the
petition is filed in the municipal court, the registrar
shall be
represented as provided in section 1901.34 of the Revised
Code. If the
petition is filed in a mayor's court, the registrar
shall be represented by
the city director of law, village
solicitor, or other chief legal officer
of the municipal
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that
suspension would seriously affect the person's ability to
continue
in the person's employment, may grant the person
occupational
driving privileges during the period of suspension imposed
pursuant to division (E) of this section, subject to the
limitations contained in this division and division (I)(2) of
this
section. The court may grant the occupational driving
privileges,
subject to the limitations contained in this division
and division
(I)(2) of this section, regardless of whether the
person appeals
the suspension at the person's initial
appearance under
division
(H)(1) of this section or appeals the decision of the
court made
pursuant to the appeal conducted at the initial
appearance, and,
if the person has appealed the suspension or
decision, regardless
of whether the matter at issue has been
heard or decided by the
court. The court shall not grant
occupational driving privileges
for employment as
a driver of commercial motor vehicles to any
person who is
disqualified from operating a commercial motor
vehicle under
section 3123.611 or 4506.16 of the Revised Code or
whose commercial driver's license or commercial driver's temporary
instruction
permit has been suspended under section 3123.58 of the
Revised Code.
(2)(a) In granting occupational driving privileges under
division (I)(1) of this section, the court may impose any
condition it considers reasonable and necessary to limit the use
of a vehicle by the person. The court shall deliver to the
person
a permit card, in a form to be prescribed by the court,
setting
forth the time, place, and other conditions limiting the
defendant's use of a vehicle. The grant of occupational driving
privileges shall be conditioned upon the person's having the
permit in the person's possession at all times during which
the
person is operating a vehicle.
A person granted occupational driving privileges who
operates
a vehicle for other than occupational purposes, in
violation of
any condition imposed by the court, or without
having the permit
in the person's possession, is guilty of a
violation of
section
4507.02 of the Revised Code.
(b) The court may not grant a person occupational driving
privileges under division (I)(1) of this section when prohibited
by a limitation contained in that division or during any of the
following periods of time:
(i) The first thirty days of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's
blood,
breath, or
urine to determine its alcohol content and for
which refusal the
suspension was imposed, had not refused a
previous request to
consent to a chemical test of the person's
blood, breath, or
urine to
determine its alcohol content;
(ii) The first ninety days of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's
blood,
breath, or
urine to determine its alcohol content and for
which refusal the
suspension was imposed, had refused one previous
request to
consent to a chemical test of the person's blood,
breath, or
urine to
determine its alcohol content;
(iii) The first year of suspension imposed upon a person
who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's
blood,
breath, or
urine to determine its alcohol content and for which
refusal the
suspension was imposed, had refused two previous
requests to
consent to a chemical test of the person's blood,
breath, or
urine to
determine its alcohol content;
(iv) The first three years of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's
blood,
breath, or
urine to determine its alcohol content and for
which refusal the
suspension was imposed, had refused three or
more previous
requests to consent to a chemical test of the
person's
blood, breath, or
urine to determine its alcohol content.
(3) The court shall give information in writing of any
action taken under this section to the registrar.
(4) If a person's driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
pursuant to division (F) of this section, and the person, within
the preceding seven years, has been convicted of or pleaded
guilty
to three or more violations of division (A) or (B) of
section
4511.19 of the Revised Code, a municipal ordinance
relating to
operating a vehicle while under the influence of
alcohol, a drug
of abuse, or alcohol and a drug of abuse, a
municipal ordinance
relating to operating a vehicle with a
prohibited concentration of
alcohol in the blood, breath, or
urine, section 2903.04 of the
Revised Code in a case in which the
person was subject to the
sanctions described in division (D) of
that section, or section
2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal
ordinance that is substantially
similar to section 2903.07 of the
Revised Code in a case in which
the jury or judge found that the
person was under the influence
of alcohol, a drug of abuse, or
alcohol and a drug of abuse, or a statute
of the United States or
of any other state or a municipal ordinance of a
municipal
corporation located
in any other state that is substantially
similar to division (A) or
(B) of section 4511.19 of the Revised
Code, the
person is not entitled to request, and the court shall
not grant
to the person, occupational driving privileges under
this
division. Any other person whose driver's or commercial
driver's
license or nonresident operating privilege has been
suspended
pursuant to division (F) of this section may file in the
court
specified in division (I)(1)(b) of this section a petition
requesting occupational driving privileges in accordance with
section 4507.16 of the Revised Code. The petition may be filed
at
any time subsequent to the date on which the arresting officer
serves the notice of suspension upon the arrested person. Upon
the making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code.
The court may grant the occupational driving privileges, subject
to the limitations contained in section 4507.16 of the Revised
Code, regardless of whether the person appeals the suspension at
the person's initial appearance under division (H)(1) of
this
section or
appeals the decision of the court made pursuant to the
appeal
conducted at the initial appearance, and, if the person has
appealed the suspension or decision, regardless of whether the
matter at issue has been heard or decided by the court.
(J)(E) When it finally has been determined under the
procedures of this section
and sections 4511.192 through 4511.197
of the Revised Code that a nonresident's privilege to
operate a
vehicle within this state has been suspended, the
registrar shall
give information in writing of the action taken
to the motor
vehicle administrator of the state of the person's
residence and
of any state in which the person has a license.
(K) A suspension of the driver's or commercial driver's
license or permit of a resident, a suspension of the operating
privilege of a nonresident, or a denial of a driver's or
commercial driver's license or permit pursuant to
division (E) or
(F) of this section shall be
terminated by the
registrar upon
receipt of notice of the person's entering a plea
of guilty to, or
of the person's conviction of, operating a vehicle
while
under the
influence of alcohol, a drug of abuse, or alcohol and a
drug of
abuse or with a prohibited concentration of alcohol in
the blood,
breath, or urine, if the offense for which the plea is
entered or
that resulted in the conviction arose from the same incident
that
led to the suspension or denial.
The registrar shall credit against any judicial suspension
of
a person's driver's or commercial driver's license or permit
or
nonresident operating privilege imposed pursuant to division
(B)
or (E) of section 4507.16 of the Revised Code any time during
which the person serves a related suspension imposed pursuant to
division (E) or (F) of this section.
(L)(F) At the end of a suspension period under this section,
under section 4511.194,
section 4511.196, or division
(B)(G) of
section
4507.16
4511.19 of the
Revised Code, or under section
4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance and upon
the request of the person whose driver's or
commercial driver's
license or permit was suspended and who is
not
otherwise subject
to suspension,
revocation
cancellation, or
disqualification, the
registrar shall return the driver's or
commercial driver's license
or permit to the person upon the
person's compliance with
occurrence of all of the
conditions
specified in divisions
(L)(F)(1) and (2)
of this section:
(1) A showing
by the person that the person has proof of
financial
responsibility, a policy of liability insurance in
effect that
meets the minimum standards set forth in section
4509.51 of the
Revised Code, or proof, to the satisfaction of the
registrar,
that the person is able to respond in damages in an
amount at
least equal to the minimum amounts specified in section
4509.51
of the Revised Code.
(2) Subject to the limitation contained in division
(L)(F)(3) of this section, payment by the person
to the bureau of
motor vehicles of a license
reinstatement fee
of four hundred
twenty-five dollars
to the
bureau of motor
vehicles,
which fee
shall be deposited in the state treasury and credited
as follows:
(a) One hundred twelve dollars and fifty
cents shall be
credited to the statewide
treatment and prevention fund created by
section 4301.30 of the Revised Code.
The fund shall be
used to
pay the costs of driver treatment and
intervention programs
operated pursuant to sections 3793.02 and
3793.10 of the Revised
Code. The director of alcohol and drug
addiction services shall
determine the share of the fund that is
to be allocated to alcohol
and drug addiction programs authorized
by section 3793.02 of the
Revised Code, and the share of the fund
that is to be allocated to
drivers' intervention programs
authorized by section 3793.10 of
the Revised Code.
(b) Seventy-five dollars shall be credited to the
reparations
fund created by section 2743.191 of the Revised Code.
(c) Thirty-seven dollars and fifty cents
shall be credited
to the indigent
drivers alcohol treatment fund, which is hereby
established. Except as
otherwise provided in division
(L)(F)(2)(c) of this section, moneys in the fund shall be
distributed by the department of alcohol and drug addiction
services to the county indigent drivers alcohol
treatment funds,
the county juvenile indigent drivers alcohol treatment funds,
and
the municipal indigent drivers alcohol treatment funds that are
required to be established by counties and municipal corporations
pursuant
to
division (N) of this section, and shall be used only
to pay
the cost of an alcohol and drug addiction treatment program
attended by an offender or juvenile traffic offender who is
ordered to attend an alcohol and drug addiction treatment program
by a county, juvenile, or municipal court judge and who is
determined by the county, juvenile, or municipal court judge not
to have the means to pay for
the person's attendance at the
program or to pay the costs
specified in division
(N)(H)(4) of
this section in accordance with that
division. Moneys in the fund
that are not
distributed to a county indigent drivers alcohol
treatment fund,
a county juvenile indigent drivers alcohol
treatment fund, or a
municipal indigent drivers alcohol treatment
fund under division
(N)(H) of this section because the director of
alcohol and drug addiction
services does not have the information
necessary to identify the county or
municipal corporation where
the offender or juvenile offender was arrested may
be transferred
by the director of budget and management to the
statewide
treatment and prevention
fund created by section
4301.30 of the
Revised Code, upon certification of the amount by the director
of
alcohol and drug
addiction services.
(d) Seventy-five dollars shall be credited to the Ohio
rehabilitation services commission established by section 3304.12
of the Revised Code, to the services for rehabilitation fund,
which is hereby established. The fund shall be used to match
available federal matching funds where appropriate, and for any
other purpose or program of the commission to rehabilitate people
with disabilities to help them become employed and independent.
(e) Seventy-five dollars shall be deposited into the
state
treasury and credited to the drug abuse resistance education
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division
(L)(4) of
this section.
(f) Thirty dollars shall be credited to the state bureau of
motor
vehicles fund created by section 4501.25 of the Revised
Code.
(g) Twenty dollars shall be credited to the trauma and
emergency
medical services grants fund created by section 4513.263
of the
Revised Code.
(3) If a person's driver's or commercial driver's license or
permit is suspended under
division (E) or (F) of this
section,
under section 4511.196, or
division
(B)(G) of section
4507.16
4511.19 of the Revised Code,
under section 4510.07 of the Revised
Code for a violation of a municipal OVI ordinance or
under any
combination of the
suspensions described in division
(L)(F)(3) of
this section, and if the
suspensions arise from a single incident
or a single set of facts and
circumstances, the person is liable
for payment of, and shall be required to
pay to the bureau, only
one reinstatement fee of four hundred
five
twenty-five
dollars.
The
reinstatement fee shall be distributed by the bureau in
accordance
with division
(L)(F)(2) of this section.
(4) The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded
to a law enforcement agency under
division (L)(2)(e) of this
section shall be used by the agency to pay for not more than
fifty
per cent of the amount of the salaries of law enforcement
officers
who conduct drug abuse resistance education programs in
public
schools. The attorney general shall not use more than six
per
cent of the amounts the attorney general's office
receives under
division
(L)(F)(2)(e) of this section to pay the costs it incurs
in
administering the grant program established by division
(L)(F)(2)(e)
of this section and in providing training and
materials relating
to drug abuse resistance education programs.
The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs.
(M)(G) Suspension of a commercial driver's license under
division
(E)(B) or
(F)(C) of this section shall be concurrent with
any
period of disqualification under section 3123.611 or
4506.16
of the Revised Code or any period of suspension under section
3123.58 of the Revised Code. No person who is disqualified for
life from holding a
commercial driver's license under section
4506.16 of the Revised
Code shall be issued a driver's license
under Chapter 4507. of
the Revised Code during the period for
which the commercial
driver's license was suspended under division
(E)(B) or
(F)(C) of this
section, and no. No person whose
commercial driver's license is
suspended under division
(E)(B) or
(F)(C) of this section shall be
issued a driver's license under
that chapter
Chapter 4507. of the Revised Code during the period
of
the suspension.
(N)(H)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish a juvenile
indigent drivers alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish
an
indigent drivers alcohol treatment fund. All revenue that the
general assembly appropriates to the indigent drivers alcohol
treatment fund for transfer to a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund, all portions of fees that are paid under division (L) of
this section and that are credited under that division to the
indigent drivers alcohol treatment fund in the state treasury for
a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund, and all portions of
fines
that are specified for deposit into a county or municipal
indigent
drivers alcohol treatment fund by section 4511.193 of
the Revised
Code shall be deposited into that county indigent
drivers alcohol
treatment fund, county juvenile indigent drivers
alcohol treatment
fund, or municipal indigent drivers alcohol
treatment fund in
accordance with division
(N)(H)(2) of this
section. Additionally,
all portions of fines that are paid for a
violation of section
4511.19 of the Revised Code or
division
(B)(2) of section 4507.02
of any prohibition contained in Chapter 4510. of the Revised Code,
and that are
required under
division (A)(1), (2), (5), or (6) of
section
4511.99
4511.19 or
division (B)(5) of section 4507.99
any
provision of Chapter 4510. of the Revised Code to be
deposited
into a county indigent drivers alcohol treatment fund
or municipal
indigent drivers alcohol treatment fund shall be
deposited into
the appropriate fund in accordance with the
applicable division.
(2) That portion of the license reinstatement fee that is
paid under division
(L)(F) of this section and that is credited
under that division to the indigent drivers alcohol treatment
fund
shall be deposited into a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund as follows:
(a) If the suspension in question was imposed under this
section, that portion of the fee shall be deposited as follows:
(i) If the fee is paid by a person who was charged in a
county court with the violation that resulted in the suspension,
the portion shall be deposited into the county indigent drivers
alcohol treatment fund under the control of that court;
(ii) If the fee is paid by a person who was charged in a
juvenile court with the violation that resulted in the
suspension,
the portion shall be deposited into the county
juvenile indigent
drivers alcohol treatment fund established in
the county served by
the court;
(iii) If the fee is paid by a person who was charged in a
municipal court with the violation that resulted in the
suspension, the portion shall be deposited into the municipal
indigent drivers alcohol treatment fund under the control of that
court.
(b) If the suspension in question was imposed under
division
(B) of section
4507.16
4511.19 of the Revised Code
or under
section 4510.07 of the Revised Code for a violation of a municipal
OVI ordinance, that portion
of the fee shall be deposited as
follows:
(i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court;
(ii) If the fee is paid by a person whose license or
permit
was suspended by a municipal court, the portion shall be
deposited
into the municipal indigent drivers alcohol treatment
fund under
the control of that court.
(3) Expenditures from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund shall be made only upon the order of a county, juvenile, or
municipal court judge and only for payment of the cost of the
attendance at an alcohol and drug addiction treatment program of
a
person who is convicted of, or found to be a juvenile traffic
offender by reason of, a violation of division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance, who is ordered by the court to attend the alcohol and
drug addiction treatment program, and who is determined by the
court to be unable to pay the cost of attendance at the
treatment
program or for payment of the costs specified in division
(N)(H)(4) of this section in accordance with that division. The
alcohol and drug addiction services board or the board of alcohol,
drug
addiction, and
mental health services established pursuant to
section 340.02 or
340.021 of
the Revised Code and serving the
alcohol, drug addiction, and mental
health service district in
which the court is located shall
administer the indigent drivers
alcohol treatment program of the
court. When a court orders an
offender or juvenile traffic
offender to attend an alcohol and
drug addiction treatment
program, the board shall determine which
program is suitable to
meet the needs of the offender or juvenile
traffic offender, and
when a suitable program is located and space
is available at the
program, the offender or juvenile traffic
offender shall attend
the program designated by the board. A
reasonable amount not to
exceed five per cent of the amounts
credited to and deposited
into the county indigent drivers alcohol
treatment fund, the
county juvenile indigent drivers alcohol
treatment fund, or the
municipal indigent drivers alcohol
treatment fund serving every
court whose program is administered
by that board shall be paid
to the board to cover the costs it
incurs in administering those
indigent drivers alcohol treatment
programs.
(4) If a county, juvenile, or municipal court determines, in
consultation with the alcohol and drug addiction services board or
the board
of alcohol, drug addiction, and mental health services
established pursuant to
section 340.02 or 340.021 of the Revised
Code
and serving the alcohol, drug addiction, and
mental health
district in which the court is located, that
the funds in the
county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the municipal
indigent
drivers alcohol treatment fund under the control of the
court are more than
sufficient to satisfy the purpose for which
the fund was established, as
specified in divisions
(N)(H)(1) to
(3)
of this section, the
court may declare a surplus in the fund.
If
the court declares a surplus in
the fund, the court may expend
the
amount of the surplus in the fund for
alcohol and drug abuse
assessment and treatment of persons who are charged in
the court
with committing a criminal offense or with being a delinquent
child
or juvenile traffic offender and in relation to whom both of
the following
apply:
(a) The court determines that substance abuse was a
contributing factor leading to the criminal or delinquent activity
or the
juvenile traffic offense with which the person is charged.
(b) The court determines that the person is unable
to pay
the cost of the alcohol and drug abuse assessment and treatment
for
which the surplus money will be used.
Sec. 4511.192. (A)
No person whose driver's or commercial
driver's
license or permit or nonresident operating privilege has
been suspended under
section 4511.191 or 4511.196 of the Revised
Code shall operate a vehicle upon
the highways or streets within
this state.
(B) It is an affirmative defense to any prosecution brought
pursuant to
this section that the alleged offender drove under
suspension because of a
substantial emergency, provided that no
other person was reasonably available
to drive in response to the
emergency.
The arresting law enforcement officer shall give
advice
in accordance with
this section to any person under arrest
for a
violation of division (A) or (B) of section 4511.19
of the
Revised
Code, section 4511.194 of the Revised Code, or a municipal
OVI
ordinance. The
officer shall give that advice in
a written
form
that
contains the information described in
division (B) of
this
section and shall read the
advice to the person. The
form
shall
contain a statement that the form was shown to the
person
under
arrest and read to the person by the arresting officer. One
or
more persons shall witness the arresting officer's reading of
the
form, and
the witnesses shall certify to this fact by signing
the
form.
(B)
If a person is under arrest as described in division
(A)
of
this section, before the person may be requested to submit to a
chemical test
or tests to determine the alcohol, drug, or alcohol
and drug content of the
person's whole blood, blood serum or
plasma, breath, or urine, the
arresting officer shall read the
following form to the person:
"You now are under arrest for (state with specificity the
offense for which the person was arrested
– operating a vehicle
under the influence of alcohol, a drug of abuse, or a combination
of them in violation of state law; operating a vehicle after
underage alcohol consumption in violation of state law; having
physical control of a vehicle while under the influence in
violation of state law; or a violation of a municipal OVI
ordinance).
If you refuse to take any chemical test or tests required
under section 4511.191 of the Revised Code, you will be subject to
at least the immediate suspension of your privilege to operate a
vehicle in Ohio and the payment of a reinstatement fee.
Unless you are under arrest for having physical control of a
vehicle while under the influence, if you take any chemical test
or
tests required under
section
4511.191 of the Revised Code and
are
found to be at or
over the
prohibited amount of alcohol in
your
whole blood, blood serum or
plasma, breath, or urine as set
by
state law for the offense of
OVI, you will be subject to at
least
the
immediate suspension of your privilege to operate a
vehicle in Ohio and the payment of a reinstatement fee. These
suspension and reinstatement fee sanctions do not apply if you are
under arrest for having physical control of a vehicle and you take
a chemical test or tests, regardless of the outcome of the test or
tests.
In any case, if you take a chemical test or tests,
you may
have an independent chemical
test taken at your
own
expense."
(C) If the arresting law enforcement officer does not ask a
person under arrest as described in division (A) of this
section
to submit to a chemical
test or tests under section 4511.191 of
the Revised Code,
the arresting officer shall seize the Ohio or
out-of-state
driver's or commercial driver's license or permit of
the person
and immediately forward it to the court in which the
arrested person is to appear on the charge. If the arrested
person is not in
possession of
the person's license or permit or
it is not in the
person's vehicle, the officer shall order the
person to surrender it
to the law enforcement agency that employs
the officer within
twenty-four hours after the arrest, and, upon
the surrender, the
agency immediately shall forward the license or
permit to the
court in which the person is to appear on the
charge. Upon
receipt of the license or permit, the court shall
retain it
pending the arrested person's initial appearance and any
action taken
under section 4511.196 of the Revised Code.
(D)(1) If a law enforcement officer asks a person under
arrest as
described in division (A) of this
section to submit to a
chemical
test or tests under section 4511.191 of the Revised Code,
if the officer advises the person in accordance with this section
of the
consequences of the person's refusal or submission,
and if
either the person refuses to submit to the test or tests or,
unless the
arrest was for a violation of section 4511.194 of the
Revised Code, the person submits to the
test or tests and the test
results indicate a
prohibited concentration of alcohol in the
person's whole blood,
blood serum or plasma, breath, or urine at
the time of the alleged offense,
the arresting officer shall do
all of the following:
(a) On behalf of the registrar of motor vehicles, notify the
person that, independent of any penalties or sanctions imposed
upon the
person, the person's Ohio driver's or commercial driver's
license
or permit or nonresident operating privilege is suspended
immediately,
that the suspension will last at least until the
person's
initial appearance on the charge, which will be held
within five days
after the date of the person's arrest or the
issuance of a
citation to the person, and that the person may
appeal the
suspension at the initial appearance or during the
period of time
ending thirty days after that initial appearance;
(b) Seize the driver's or commercial driver's license or
permit
of the person and immediately forward it to the registrar.
If the
arrested person is not in possession of the person's
license or permit
or it is not in the person's vehicle, the
officer shall order the person to
surrender it to the
law
enforcement agency that employs the officer within twenty-four
hours after the person is given notice of the suspension, and,
upon the surrender, the officer's employing agency immediately
shall forward the license or permit to the registrar.
(c) Verify the person's current residence and, if it differs
from
that on the person's driver's or commercial driver's license
or permit,
notify the registrar of the change;
(d) Send to the registrar, within forty-eight hours after
the
arrest of the person, a sworn report that includes all of the
following
statements:
(i) That the officer had reasonable grounds to believe that,
at
the time of the arrest, the arrested person was operating a
vehicle, streetcar, or trackless trolley in
violation of division
(A) or (B) of section 4511.19 of
the Revised Code or a
municipal
OVI ordinance or for being in physical control of a stationary
vehicle, streetcar, or trackless trolley in violation of section
4511.194 of the Revised Code;
(ii) That the person was arrested and charged with a
violation of
division (A) or (B) of section 4511.19 of the Revised
Code, section
4511.194 of the Revised Code, or a municipal OVI
ordinance;
(iii) That the officer asked the person to take the
designated
chemical test or tests, advised the person in
accordance with this section of
the consequences of submitting to,
or
refusing to take, the test or tests, and gave the person the
form
described in division (B) of this section;
(iv) That either the person refused to submit to the
chemical
test
or tests or, unless the arrest was for a violation
of section 4511.194 of the Revised Code,
the person submitted to
the chemical test or tests and the test results
indicate a
prohibited concentration of
alcohol in the person's whole blood,
blood serum or plasma,
breath, or urine at the time of the alleged
offense.
(2) Division (D)(1) of this section does not apply to a
person
who is arrested for a violation of section 4511.194 of the
Revised Code, who is asked by a
law enforcement officer to submit
to a
chemical test or tests under section 4511.191 of the Revised
Code,
and who submits to the test or tests, regardless of the
amount of
alcohol that the test results indicate is present in the
person's
whole blood, blood serum or plasma, breath, or urine.
(E)
The arresting officer shall give the officer's sworn
report
that is completed under this
section to the arrested person
at the time of the arrest, or the registrar of
motor vehicles
shall send the report to the person
by regular first
class mail as
soon
as possible after receipt of the report, but not later than
fourteen days
after receipt of it. An
arresting officer may give
an unsworn report to the arrested person at the
time
of the arrest
provided the report is complete when given to the
arrested person
and subsequently is sworn to by the arresting
officer. As soon as
possible, but not later than forty-eight
hours after the arrest of
the person, the arresting officer shall
send a copy of the sworn
report to the court in which the arrested
person is to appear on
the charge for which the person was
arrested.
(F)
The sworn report of an arresting officer completed under
this
section is prima-facie proof of the information and
statements
that it contains. It shall be admitted and considered
as
prima-facie proof of the information and statements that it
contains in any appeal under section 4511.197 of the Revised Code
relative to any suspension of a person's driver's or commercial
driver's
license or permit or nonresident operating privilege that
results from the arrest covered by the report.
Sec. 4511.193. (A) Twenty-five dollars of any fine
imposed
for a violation of a municipal
OVI ordinance
relating to
operating
a vehicle while under the influence of alcohol, a drug
of abuse,
or alcohol and a drug of abuse or relating to operating
a vehicle
with a prohibited concentration of alcohol in the
blood, breath,
or urine shall be deposited into the municipal or
county indigent
drivers alcohol treatment fund created pursuant
to division
(N)(H)
of section 4511.191 of the Revised Code in
accordance with this
section and section 733.40, divisions (A)
and (B) of section
1901.024, division (F) of section 1901.31, or
division (C) of
section 1907.20 of the Revised Code. Regardless
of whether the
fine is imposed by a municipal court, a mayor's
court, or a
juvenile court, if the fine was imposed for a
violation of an
ordinance of a municipal corporation that is
within the
jurisdiction of a municipal court, the twenty-five
dollars that is
subject to this section shall be deposited into
the indigent
drivers alcohol treatment fund of the municipal
corporation in
which is located the municipal court that has
jurisdiction over
that municipal corporation. Regardless of
whether the fine is
imposed by a county court, a mayor's court,
or a juvenile court,
if the fine was imposed for a violation of
an ordinance of a
municipal corporation that is within the
jurisdiction of a county
court, the twenty-five dollars that is
subject to this section
shall be deposited into the indigent
drivers alcohol treatment
fund of the county in which is located
the county court that has
jurisdiction over that municipal
corporation. The deposit shall
be made in accordance with
section 733.40, divisions (A) and (B)
of section 1901.024,
division (F) of section 1901.31, or division
(C) of section
1907.20 of the Revised Code.
(B)(1) The requirements and sanctions imposed by divisions
(B)(1) and (2) of this section are an adjunct to and derive from
the state's exclusive authority over the registration and titling
of motor vehicles and do not comprise a part of the criminal
sentence to be imposed upon a person who violates a municipal
OVI
ordinance
relating to operating a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse or relating to operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine.
(2)(a) The court shall follow division
(B)(2)(b) of this
section if
If a person is convicted of
or pleads guilty to a
violation of a
municipal
OVI ordinance
relating to operating a
vehicle while
under
the influence of alcohol, a drug of abuse, or
alcohol and a drug
of abuse or relating to operating a vehicle
with a prohibited
concentration of alcohol in the blood, breath,
or urine and if the
circumstances described in division
(B)(2)(b)(iii) of this section apply or if,
within the period of
time specified in
division (B)(2) or (b)(i), (ii) (iii)
of this
section,
if the vehicle the offender was operating at the time
of
the offense is registered in the offender's name, and if, within
six years
of the current offense, the offender has been
convicted
of or pleaded guilty to
any violation of the
following:
(i) Section
one or more violations of division (A) or
(B) of
section 4511.19 of the Revised Code;
(ii) A municipal ordinance relating to
operating a vehicle
while under the influence of alcohol, a drug
of abuse, or alcohol
and a drug of abuse;
(iii) A municipal ordinance
relating to operating a vehicle
with a prohibited concentration
of alcohol in the blood, breath,
or urine;
(iv) Section 2903.04 of the
Revised Code in a case in which
the offender was subject to the
sanctions described in division
(D) of that section;
(v) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or a municipal ordinance that
is
substantially similar to either of those divisions;
(vi) Division (A)(2), (3), or (4) of section
2903.06,
division (A)(2) of section
2903.08, or former section 2903.07 of
the Revised Code,
or a municipal
ordinance that is substantially
similar to any of those divisions or that
former section, in a
case in which
the jury or judge found that the
offender was under
the influence of alcohol, a drug of abuse, or
alcohol and a drug
of abuse;
(vii) A statute of the United
States or of any other state
or a
municipal ordinance of a municipal corporation located in any
other state that
is substantially similar to division (A) or (B)
of section 4511.19 of the
Revised Code.
(b) If the circumstances described in
division (B)(2)(a)(b)
of this section apply
or one or more other
equivalent offenses,
the court, in addition to and
independent of any sentence that it
imposes upon the offender for
the offense,
regardless of whether
the vehicle the offender was
operating at 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
the Revised Code, shall
do whichever of the following is
applicable:
(i)(a) Except as otherwise provided in division
(B)(2)(b)(iii) of this section, if, within
six years of the
current offense, the
offender has been convicted of or pleaded
guilty to one violation
described in division (B)(2)(a) of this
section, the court shall
order the immobilization for ninety days
of
the
that vehicle
the
offender was operating at the time of the
offense and the
impoundment for ninety days of the license plates
of that vehicle. The order for the immobilization and
impoundment
shall be issued and enforced in accordance with
section 4503.233
of the Revised Code.
(iii)(b) If, within six years of the current offense, the
offender has been convicted of or pleaded guilty to two or more
violations described in division (B)(2)(a) of this section, or if
the
offender
previously has been convicted of or pleaded guilty to
a violation of division
(A) of section 4511.19 of the Revised Code
under circumstances in which the
violation was a felony and
regardless of when
the violation and the conviction or guilty plea
occurred, the
court shall order the criminal forfeiture to the
state of
the
that
vehicle
the offender was operating at the time
of the offense The
order of
criminal forfeiture shall be issued
and enforced in accordance with section
4503.234 of the Revised
Code.
Sec. 4511.194. (A) As used in this section, "physical
control" means being in the driver's position of the
front seat of
a vehicle or in the driver's position of a streetcar
or trackless
trolley and having possession of the vehicle's,
streetcar's, or
trackless trolley's ignition key or other ignition
device.
(B)
No person shall be in physical control of a
vehicle,
streetcar, or trackless trolley while under
the influence
of
alcohol,
a drug of abuse, or a combination of
them or
while the
person's whole blood, blood serum or plasma,
breath, or
urine
contains at least the concentration of alcohol
specified in
division (A)(2), (3), (4), or (5) of section 4511.19
of the
Revised Code.
(C) Whoever violates this section is guilty of having
physical
control of a vehicle while under the influence, a
misdemeanor of the first
degree. In addition to other sanctions
imposed, the court may
impose on the offender a class seven
suspension of the offender's driver's
license, commercial driver's
license, temporary instruction permit,
probationary license, or
nonresident operating privilege from the range
specified in
division (A)(7) of section 4510.02 of the Revised Code.
Sec. 4511.195. (A) As used in this section:
(1) "Vehicle operator" means a person who is operating a
vehicle at the time it is seized
Arrested person" means a person
who is arrested for a violation of division
(A) of section 4511.19
of the Revised Code or a municipal OVI ordinance
and whose arrest
results in a vehicle being seized under division (B) of
this
section.
(2) "Vehicle owner" means either of the following:
(a) The person in whose name is
registered, at the time of
the seizure, a vehicle that is seized under
division (B) of this
section;
(b) A person to whom the certificate of title to a vehicle
that is seized
under division (B) of this section has been
assigned and who has not obtained
a certificate of title to the
vehicle in that person's name, but who is deemed
by the court as
being the owner of the vehicle at the time the vehicle was
seized
under division (B) of this section.
(3)
"Municipal
OMVI ordinance" means any
municipal
ordinance
prohibiting the operation of a vehicle while under the
influence
of alcohol, a drug of abuse, or alcohol and a drug of
abuse or
prohibiting the operation of a
vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine.
(4) "Interested
party" includes the owner of a vehicle
seized under this
section, all lienholders, the
defendant
arrested
person, the
owner of the place of storage at which a vehicle
seized under this section is
stored, and the person or entity that
caused the vehicle to be
removed.
(B)(1) The arresting officer or another officer of the law
enforcement
agency that employs the arresting officer, in addition
to any action
that the arresting officer is required or authorized
to take by section
4511.19
or 4511.191 of the Revised Code or by
any other
provision of
law, shall seize the vehicle that a person
was operating at the time of the
alleged offense and its license
plates if
the vehicle is registered in the
arrested person's name
and if either of the following
apply
applies:
(a) The person is arrested for a violation of division
(A)
of section 4511.19 of the Revised Code or of a municipal
OMVI
OVI
ordinance and, within six years of the alleged violation,
the
person previously has been convicted of or pleaded guilty to one
or more
violations of
the following:
(i) Division
division (A) or (B) of section 4511.19 of
the
Revised Code;
(ii) A municipal OMVI ordinance;
(iii) Section 2903.04 of the
Revised Code in a case in which
the offender was subject to the
sanctions described in division
(D) of that section;
(iv) Division (A)(1) of section 2903.06 or division
(A)(1)
of section 2903.08 of the Revised Code or a municipal ordinance
that is
substantially similar to either of those divisions;
(v) Division (A)(2), (3), or (4) of section 2903.06,
division (A)(2) of section 2903.08,
or former section 2903.07
of
the Revised Code, or a municipal
ordinance that is substantially
similar to any of those divisions or that
former section, in a
case in which the jury or judge found
that the
offender was under
the influence of alcohol, a drug of abuse, or
alcohol and a drug
of abuse;
(vi) A statute of the United
States or of any other state or
a municipal ordinance of a municipal
corporation located in any
other state that is substantially similar to
division (A) or (B)
of section 4511.19 of the Revised Code
or one or
more other
equivalent offenses.
(b) The person is arrested for a violation of
division (A)
of section 4511.19 of the Revised Code or of a
municipal
OMVI
OVI
ordinance and the person previously has been
convicted
of or
pleaded guilty to a violation of division (A) of section
4511.19
of the Revised Code under circumstances in which the violation was
a
felony, regardless of when the
prior felony violation of
division (A) of section 4511.19 of the Revised Code
and the
conviction or guilty plea occurred.
(2)
Except as otherwise
provided in division (B) of this
section, the
officer making an arrest of the type described in
division
(B)(1) of this section
shall seize the vehicle
and its
license plates regardless of whether the
vehicle is registered in
the name of the person who was operating
it or in the name of
another person or entity. This section does not apply
to or
affect any rented or leased vehicle that is being rented or
leased
for a period of thirty days or less, except
that a
A law
enforcement agency that employs a law enforcement
officer who
makes an arrest of a type that is described in
division (B)(1) of
this section and that involves a rented or
leased vehicle
of this
type
that is being rented or leased for a
period of thirty days or
less shall notify, within
twenty-four hours after the officer
makes the arrest, the lessor or owner of
the vehicle regarding the
circumstances of the arrest and the location at
which the vehicle
may be picked
up. At the time of the seizure of the vehicle, the
law
enforcement officer who made the arrest shall give the
vehicle
operator
arrested person written notice that the vehicle and its
license plates have been seized; that the vehicle either will be
kept by the officer's law enforcement agency or will be
immobilized at least until the operator's initial appearance on
the charge of the offense for which the arrest was made; that, at
the initial appearance, the court in certain circumstances may
order that the vehicle and license plates be released
to the
vehicle owner
arrested person until the disposition of
that
charge;
and that,
if the
vehicle operator
arrested person is
convicted of that
charge, the court
generally must order the
immobilization of the vehicle and the
impoundment of its license
plates, or the forfeiture of the
vehicle; and that, if the
operator is not the vehicle owner, the
operator immediately should
inform the vehicle owner that the
vehicle and its license plates
have been seized and that the vehicle
owner may
be able to obtain
their return or release at the initial
appearance or thereafter.
(3) The arresting officer or a law enforcement officer of
the agency
that employs the arresting officer shall give written
notice of the seizure to
the court that will conduct the initial
appearance of the
vehicle
operator. The notice shall be given
when the
charges are filed against the
vehicle operator
arrested
person on the charges arising out of the
arrest. Upon receipt of
the notice, the court promptly
shall determine whether the
vehicle
operator
arrested person is
the vehicle owner
and whether there
are any liens recorded on the certificate of title to the
vehicle.
If the court determines that the
vehicle operator
arrested person
is not the
vehicle owner, it promptly shall send by regular mail
written
notice of the seizure
of the motor vehicle to the
vehicle
vehicle's registered owner
and to all
lienholders recorded on the
certificate of title. The written notice
to the
vehicle owner and
lienholders shall contain all of the information
required by
division (B)(2) of this section to be in a notice to be
given to
the
vehicle operator
arrested person and also shall
specify the
date, time, and
place of the
vehicle operator's
arrested person's
initial
appearance.
The notice also shall inform the vehicle
owner that if title to a motor
vehicle that is subject to an order
for criminal forfeiture
under this section is assigned or
transferred and division
(C)(B)(2) or (3) of section 4503.234 of
the Revised
Code applies, the court may fine the
vehicle operator
arrested
person the value of the
vehicle. The notice
to the
vehicle owner
also shall state that if the vehicle is immobilized
under
division (A) of section 4503.233 of the Revised
Code, seven
days after the end of the period of immobilization a law
enforcement agency will
send the vehicle owner a notice, informing
the
vehicle owner
that if the release of the vehicle is not
obtained in accordance with division
(D)(3) of section 4503.233 of
the Revised
Code, the vehicle shall be
forfeited. The notice also
shall inform the vehicle owner that
the vehicle owner may be
charged expenses or charges incurred
under this section and
section 4503.233 of the
Revised Code for the removal and storage
of the vehicle.
The written notice that is given to the
vehicle operator or
is sent or
delivered to the vehicle owner if the vehicle owner is
not the vehicle
operator
arrested person also shall state that if
the
vehicle
operator pleads guilty to or
person is
convicted of
or
pleads guilty to the offense
for which the vehicle
operator was
arrested and the
court issues an immobilization and impoundment
order relative to that vehicle,
division (D)(4) of section
4503.233 of the Revised Code prohibits the vehicle
from being sold
during the period of immobilization without the prior approval of
the court.
(4) At or before the initial appearance, the vehicle
owner
may file a motion requesting the court to order that the
vehicle
and its license plates be released to the vehicle owner. Except
as
provided in this division and subject to the payment
of
expenses or charges incurred in the removal and storage of
the
vehicle, the court, in its discretion, then may issue an
order
releasing the vehicle and its license plates to the
vehicle owner.
Such an order may be conditioned upon such terms
as the court
determines appropriate, including the posting of a
bond in an
amount determined by the court. If the
vehicle
operator
arrested
person is not the vehicle owner and if the
vehicle owner is
not
present at the
vehicle operator's
arrested person's initial
appearance, and if
the court believes that the vehicle owner was
not provided with
adequate notice of the initial appearance, the
court, in its
discretion, may allow the vehicle owner to file a
motion within
seven days of the initial appearance. If the court
allows the
vehicle owner to file such a motion after the initial
appearance, the extension of time granted by the court does not
extend the time within which the initial appearance is to be
conducted. If the court issues an order for the release of the
vehicle and its license plates, a copy of the order shall be
made
available to the vehicle owner. If the vehicle owner
presents a
copy of the order to the law enforcement agency that
employs the
law enforcement officer who arrested the
arrested person
who was
operating the vehicle, the law enforcement agency promptly
shall
release the vehicle and its license plates to the vehicle
owner
upon payment by the vehicle owner of any expenses or
charges
incurred in the removal and storage of the vehicle.
(5) A vehicle seized under division (B)(1) of this section
either shall be towed to a place specified by the law enforcement
agency that employs the arresting officer to be safely kept by
the
agency at that place for the time and in the manner specified
in
this section or shall be otherwise immobilized for the time and in
the
manner specified in this section. A law enforcement officer
of
that agency shall remove the identification license plates of
the
vehicle, and they shall be safely kept by the agency for the
time
and in the manner specified in this section. No vehicle that
is
seized and either towed or immobilized pursuant to this
division
shall be considered contraband for purposes of section
2933.41,
2933.42, or 2933.43 of the Revised Code. The vehicle
shall not
be immobilized at any place other than a commercially
operated
private storage lot, a place owned by a law enforcement
agency or other
government agency, or a place to which one of the
following
applies:
(a) The place is leased by or otherwise under the control
of
a law enforcement agency or other government agency.
(b) The place is owned by the vehicle operator, the
vehicle
operator's spouse, or a parent or child of the vehicle
operator.
(c) The place is owned by a private person or entity, and,
prior to the immobilization, the private entity or person that
owns the place, or the authorized agent of that private entity or
person, has given express written consent for the immobilization
to be carried out at that place.
(d) The place is a street or highway on which the
vehicle is
parked in accordance with the law.
(C)(1) A vehicle
that is seized under division
(B) of this
section shall be safely kept at the place to which it
is towed or
otherwise moved by the law enforcement agency that employs the
arresting
officer until the initial appearance of the
vehicle
operator
arrested person
relative to the charge in question. The
license
plates of the vehicle that are removed pursuant to
division (B) of this
section shall be safely kept by the law
enforcement agency that employs the
arresting officer until the
initial appearance of the
vehicle
operator
arrested person
relative to the charge in question.
(2)(a) At the initial appearance or not less than seven days
prior to the
date of final disposition, the court shall notify the
vehicle operator, if the vehicle operator is the vehicle owner,
arrested person
that, if title to a motor vehicle that is subject
to an order for
criminal forfeiture under this section is assigned
or
transferred and division
(C)(B)(2)
or (3) of section 4503.234
of the
Revised
Code applies, the court may
fine the
vehicle
operator
arrested person the value of the
vehicle.
If, at the
initial appearance, the
vehicle operator
arrested
person pleads
guilty to
the violation of division (A) of section 4511.19
of the
Revised Code or of the municipal
OMVI
OVI
ordinance or pleads
no
contest to and is convicted of the violation, the court shall
impose sentence upon the
vehicle operator
person as provided by
law or
ordinance; the court, except as provided in this division
and
subject to section 4503.235 of the Revised Code, shall order
the
immobilization of the vehicle
the arrested person was
operating at the time
of the offense if registered in the arrested
person's name and the
impoundment of its
license plates under
section 4503.233 and section
4511.19
or
4511.193
or 4511.99 of the
Revised Code, or the criminal
forfeiture
to the state of the
vehicle
if registered in the arrested
person's name under section
4503.234 and
section
4511.19
or 4511.193
or 4511.99 of the Revised
Code, whichever is
applicable; and the vehicle and its license
plates
shall not be returned or released to the
vehicle owner. If
the vehicle
operator is not the vehicle owner and the vehicle
owner is not present at the
vehicle operator's initial
appearance
and if the court believes that the vehicle owner was
not provided
adequate notice of the initial appearance, the
court, in its
discretion, may refrain for a period of
time not exceeding seven
days from ordering the immobilization of the
vehicle and the
impoundment of its license plates, or the criminal forfeiture
of
the vehicle so that the vehicle owner may appear
before the court
to present
evidence as to why the court should not order the
immobilization
of the vehicle and the impoundment of its license
plates, or the
criminal forfeiture of the vehicle.
If the court
refrains from ordering the immobilization of the vehicle and the
impoundment of its license plates, or the criminal forfeiture of
the vehicle,
section 4503.235 of the Revised Code
applies relative
to the order of immobilization and impoundment,
or the order of
forfeiture
arrested person.
(b) If, at any time, the charge that the
vehicle operator
arrested person violated division (A) of
section 4511.19 of the
Revised Code or the municipal
OMVI
OVI ordinance is
dismissed for
any
reason, the court shall order that the vehicle seized at the
time
of the arrest and its license plates immediately
be released
to the
vehicle owner subject to the payment of
expenses or charges
incurred in the removal and
storage of the vehicle
person.
(D) If a vehicle
is
and its license plates are seized under
division (B) of this section
and
is
are not returned or released
to the
vehicle
owner
arrested person pursuant to division (C) of
this section,
the vehicle
or
and its license plates shall be
retained until
the final
disposition of the charge in
question.
Upon the final disposition of that charge, the court
shall do
whichever of the following is applicable:
(1) If the
vehicle operator
arrested person is convicted of
or
pleads
guilty to the violation of division (A) of section
4511.19 of the
Revised Code or of the municipal
OMVI
OVI
ordinance, the
court shall
impose sentence upon the
vehicle
operator
person as provided by
law or
ordinance and, subject to
section 4503.235 of the Revised Code,
shall order the
immobilization of the vehicle the
vehicle operator
person was
operating at the time of, or that was involved in, the offense
if
it is registered in the arrested person's name and the
impoundment
of its license plates under section 4503.233 and
section
4511.19
or 4511.193
or 4511.99 of the Revised
Code, or the criminal
forfeiture of the vehicle
if it is registered in the arrested
person's
name
under section 4503.234 and
section
4511.19
or
4511.193
or 4511.99 of the Revised
Code, whichever is
applicable.
(2) If the
vehicle operator
arrested person is found not
guilty
of the
violation of division (A) of section 4511.19 of the
Revised Code
or of the municipal
OMVI
OVI ordinance, the court
shall
order that
the vehicle and its license plates immediately be
released to the
vehicle owner upon the payment of any
expenses or
charges incurred in its removal and
storage
arrested person.
(3) If the charge that the
vehicle operator
arrested person
violated
division (A) of section 4511.19 of the Revised Code or
the
municipal
OMVI
OVI ordinance is dismissed for any
reason, the
court
shall order that the vehicle and its license
plates
immediately be released to the
vehicle owner
upon the payment of
any expenses or charges
incurred in its removal and storage
arrested person.
(4)
If the impoundment of the vehicle was not authorized
under
this section, the court shall order that the vehicle and its
license plates be
returned immediately to
the arrested person or,
if the arrested person is not the vehicle owner, to
the vehicle
owner, and shall order that the state or political subdivision of
the
law enforcement agency
served by the law enforcement officer
who seized the vehicle pay
all expenses and charges incurred in
its removal and storage.
(E) If a vehicle is seized under division (B) of this
section, the time between the seizure of the vehicle and either
its release to the
vehicle owner
arrested person under division
(C) of this section or the issuance of an order of
immobilization
of the vehicle under section 4503.233 of
the Revised Code shall be
credited against the period of
immobilization ordered by the
court.
(F)(1)
The vehicle owner
Except as provided in division
(D)(4) of this section, the arrested person may be charged
expenses or charges
incurred in the removal and storage of the
immobilized vehicle. The court
with jurisdiction over the case,
after notice to all
interested parties, including lienholders, and
after an
opportunity for them to be heard,
if the vehicle owner
fails to
appear in person, without good cause, or if the court
finds that
the
vehicle owner
arrested person does not intend to
seek
release of the vehicle
at the end of the period of
immobilization under section 4503.233
of the Revised Code or that
the
vehicle owner
arrested person is
not or will not
be able to
pay the expenses and charges incurred in its removal
and storage,
may order that title to the vehicle be transferred,
in order of
priority, first into the name of the person or entity
that removed
it, next into the name of a lienholder, or lastly
into the name of
the owner of the place of storage.
Any lienholder that receives title under a court
order shall
do so on the condition that it pay any expenses or
charges
incurred in the vehicle's removal and
storage. If the person or
entity that receives title to the vehicle
is the person or entity
that removed it, the person or entity
shall receive title on the
condition that it pay any lien on the
vehicle. The court
shall
not order that title be transferred to any person or entity
other
than the owner of the place of storage if the person or
entity
refuses to receive the title. Any person or entity that
receives
title either may keep title to the vehicle or may
dispose of the
vehicle in any legal manner that it considers
appropriate,
including assignment of the certificate of title to
the motor
vehicle to a salvage dealer or a scrap metal processing
facility.
The person or entity shall not
transfer the vehicle to the person
who is the
vehicle's immediate previous
owner.
If the person or entity
that receives title assigns the motor
vehicle
to a
salvage dealer or scrap metal processing facility,
the person or
entity shall send the assigned certificate of title
to the motor
vehicle to the clerk of the court of common pleas of
the county
in which the salvage dealer or scrap metal processing
facility
is located. The person or entity shall mark the face of
the
certificate of title with the words "for
destruction
FOR
DESTRUCTION" and shall deliver a photocopy of
the certificate of
title to the salvage dealer or scrap metal
processing facility for
its records.
(2) Whenever a court issues an order under division (F)(1)
of this section, the court also shall order removal of the license
plates
from the vehicle and cause them to be sent to the registrar
of motor
vehicles if they have not already been sent to the
registrar.
Thereafter, no further proceedings shall take place
under this section or
under section 4503.233 of the Revised Code.
(3) Prior to initiating a proceeding under division (F)(1)
of this
section, and upon payment of the fee under division (B) of
section 4505.14 of the Revised Code, any interested party may
cause a search to be made of the public records of the bureau of
motor vehicles or the clerk of the court of common pleas, to
ascertain the identity of any lienholder of the vehicle. The
initiating party shall furnish this information to the clerk of
the court with jurisdiction over the case,
and the clerk shall
provide notice
to the
vehicle owner, the defendant
arrested
person, any
lienholder, and any
other interested parties listed by
the initiating party, at the
last known address supplied by the
initiating party, by certified
mail or, at the option of the
initiating party, by personal
service or ordinary mail.
Sec. 4511.196. (A) If a person is arrested
for being in
physical control
of a vehicle, streetcar, or trackless trolley in
violation of section 4511.194 of
the Revised Code, or for
operating
a vehicle
while under the
influence of alcohol, a drug
of abuse,
or alcohol and a drug of
abuse or for operating a
vehicle with a
prohibited concentration
of alcohol in the blood,
breath, or
urine and, streetcar, or trackless trolley in
violation
of
division (A) or (B) of
section 4511.19 of the Revised
Code or a
municipal OVI ordinance,
regardless of whether the
person's
driver's or
commercial driver's license or permit or
nonresident
operating
privilege is or is not suspended under
division (E) or
(F) of
section 4511.191 of the Revised Code, the
person's initial
appearance on the charge resulting from the
arrest shall be held
within five days of the person's arrest or
the issuance of the
citation to the person.
(B)(1) If a person is arrested as described in division
(A)
of this section, if the person's driver's or commercial
driver's
license or permit or nonresident operating privilege has
been
suspended under
division (E) or (F) of section 4511.191 of
the
Revised Code in relation to that arrest, if the person
appeals the
suspension in accordance with
division (H)(1) of that
section
4511.197
of the Revised Code, and if the judge, magistrate, or
mayor
terminates the suspension
in accordance with
division
(H)(2)
of that section, the judge, magistrate, or mayor,
at any
time
prior to adjudication on the merits of the charge resulting from
the
arrest,
may impose a new suspension of the person's
license,
permit, or nonresident operating privilege,
notwithstanding the
termination
of the suspension imposed under
division (E) or (F) of
section 4511.191 of the Revised Code, if
the judge, magistrate, or
mayor determines that the person's continued
driving will be a
threat to
public safety.
(2) If a person is arrested as described in division (A)
of
this section and if the person's driver's or commercial
driver's
license or permit or nonresident operating privilege has
not been
suspended under
division (E) or (F) of section 4511.191
of the
Revised Code in relation to that arrest, the judge,
magistrate, or
mayor,
at any time prior to the adjudication on the
merits of the
charge resulting from the arrest, may impose a
suspension of
the
person's license, permit, or nonresident operating privilege
if
the judge, magistrate, or mayor determines that the
person's
continued driving will be a threat to public safety.
(C) A suspension
of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under division (B)(1) or (2) of this section shall continue until
the
complaint
on the charge
resulting from the arrest is
adjudicated on the merits. A court that imposes
a suspension
under division (B)(2)
of this section shall send the person's
driver's license or
permit to the registrar of motor vehicles. If
the court possesses the
driver's or commercial driver's license or
permit of a person in the
category
described in division (B)(2) of
this section and the court does
not impose a suspension under
that
division
(B)(2) of this
section,
the court shall return the
license or permit to the person if the license
or permit has not
otherwise been suspended or
revoked
cancelled.
Any time during which the person serves a suspension of the
person's
driver's or commercial driver's license
or,
permit, or
nonresident
operating privilege that is imposed pursuant to
division (B)(1)
or (2) of this section shall be credited against
any
period of judicial
suspension of the person's license, permit,
or
nonresident
operating privilege that is imposed
pursuant to
under
division
(B)(G) of section
4507.16
4511.19 of the Revised
Code
or under section
4510.07 of the Revised Code for a violation
of a municipal ordinance substantially equivalent
to division (A)
of section 4511.19 of the Revised Code.
(D) If a person is arrested and charged with a violation of
section
2903.08 of the
Revised Code or a violation of section
2903.06 of the Revised
Code that is a felony offense,
the judge at
the person's initial appearance, preliminary
hearing, or
arraignment may suspend the person's driver's or
commercial
driver's license or permit or nonresident operating
privilege if
the judge determines at any of those proceedings
that the person's
continued driving will be a threat to public
safety.
The
A suspension
that may be imposed
pursuant to
under this
division shall continue until the indictment or information
alleging the violation specified in this division is adjudicated
on the merits. A court that imposes a suspension under this
division shall send the person's driver's or commercial driver's
license or permit to the registrar.
Sec. 4511.197. (A) If a person is arrested for operating a
vehicle, streetcar, or trackless trolley in violation of division
(A) or (B) of section
4511.19 of
the Revised Code or a
municipal
OVI ordinance or for being in physical control of a
vehicle,
streetcar, or trackless trolley in violation of section
4511.194
of the Revised Code
and if the person's driver's or
commercial
driver's license or permit or nonresident
operating
privilege is
suspended under section 4511.191 of the Revised Code,
the person
may
appeal the suspension at the person's initial
appearance on
the charge
resulting from the arrest or
within the
period ending
thirty days after the person's initial
appearance on
that charge,
in the court in which the person
will appear on that
charge. If
the person appeals the suspension,
the appeal itself
does not stay
the operation of the suspension. If the
person
appeals the
suspension, either the person or the registrar of
motor
vehicles
may request a
continuance of the appeal and the
court may grant
the continuance. The court
also may continue the
appeal on its
own motion. Neither the request for, nor
the
granting of, a
continuance stays the suspension that is the
subject of the
appeal, unless the court specifically grants a
stay.
(B) A person shall file an appeal under division (A) of
this
section
in the municipal court, county court, juvenile court,
mayor's court, or
court of common pleas that has jurisdiction over
the charge
in relation to which the person was arrested.
(C) If a person appeals a suspension under division (A)
of
this
section, the scope of the appeal is limited to determining
whether one or
more of the following conditions have not been met:
(1) Whether the arresting law enforcement officer had
reasonable
ground to believe the arrested person was operating a
vehicle, streetcar, or trackless trolley in
violation of division
(A) or (B) of section 4511.19 of
the Revised Code or a
municipal
OVI ordinance or was in physical control of a vehicle,
streetcar,
or trackless trolley in violation of section 4511.194
of the
Revised Code and whether
the arrested person was in
fact
placed
under arrest;
(2) Whether the law enforcement officer requested the
arrested
person to submit to the chemical test or tests designated
pursuant to
division (A) of section 4511.191 of the Revised Code;
(3) Whether the arresting officer informed the arrested
person of
the consequences of refusing to be tested or of
submitting to the test or
tests;
(4) Whichever of the following is applicable:
(a) Whether the arrested person refused to submit to the
chemical
test or tests requested by the officer;
(b) Whether the arrest was for a violation of division
(A)
or (B) of section 4511.19 of the Revised Code or a municipal
OVI
ordinance and, if it was, whether the chemical test results
indicate that the
arrested
person's whole blood contained a
concentration of ten-hundredths
of one per
cent or more by weight
of
alcohol, the person's blood
serum or plasma contained a
concentration
of twelve-hundredths of
one per cent or more by
weight of
alcohol, the person's breath
contained a concentration
of ten-hundredths
of one gram or more by
weight of alcohol per two
hundred ten liters of
the person's
breath, or the person's urine
contained a
concentration of
fourteen-hundredths of one gram or
more by weight
of alcohol per
one hundred milliliters of the
person's urine at
the time of the
alleged offense.
(D) A person who appeals a suspension under division (A)
of
this
section has the burden of proving, by a preponderance of the
evidence,
that one or more of the conditions specified in division
(C) of this section has not been met. If, during the
appeal, the
judge or magistrate of the court or the mayor of the mayor's court
determines
that all of those conditions have been met, the judge,
magistrate, or mayor
shall uphold the
suspension, continue the
suspension, and notify the registrar of
motor vehicles of the
decision on a form approved by the
registrar.
Except as otherwise provided in this section, if a suspension
imposed under section 4511.191 of the Revised Code is
upheld on
appeal or if the subject person does not appeal the suspension
under division (A) of this section, the suspension shall
continue
until the complaint alleging the violation for which the person
was
arrested and in
relation to which the suspension was imposed
is adjudicated on the merits
or terminated pursuant to law. If
the suspension was
imposed under division (B)(1) of section
4511.191 of the Revised Code and it is
continued under this
section, any subsequent finding that the person is not
guilty of
the charge that resulted in the
person being requested to take the
chemical test or tests under division
(A) of section 4511.191 of
the Revised Code does
not
terminate or otherwise affect the
suspension. If the suspension was
imposed under division (C) of
section 4511.191 of the Revised Code in relation to an
alleged
misdemeanor violation of division (A) or (B) of
section 4511.19 of
the Revised Code or of a municipal OVI ordinance and it is
continued
under this
section, the suspension shall terminate if,
for any reason,
the person subsequently is found not guilty of the
charge that resulted
in the person taking the chemical test or
tests.
If, during the appeal, the judge or magistrate of the trial
court
or the mayor of the mayor's court determines that one or
more of the
conditions specified in division (C) of this section
have not been
met, the judge, magistrate, or mayor shall terminate
the suspension, subject
to the imposition of a new suspension
under
division (B) of section 4511.196 of the Revised
Code; shall
notify
the registrar of motor vehicles of the decision on a form
approved by the
registrar; and, except as provided in division (B)
of
section 4511.196 of the Revised Code, shall order the
registrar
to
return the driver's or commercial driver's license or permit to
the person or
to take any other measures that may be necessary, if
the
license or permit was destroyed under section 4510.53 of the
Revised Code, to permit the
person to obtain a replacement
driver's or commercial driver's license or
permit from the
registrar
or a deputy registrar in accordance with that section.
The court
also shall issue to the person a court order, valid for
not more than ten days
from the date of issuance, granting the
person operating privileges for that
period.
(E) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
pursuant to
section 4511.191 of the Revised Code may file a
petition
requesting limited driving privileges in the common pleas
court,
municipal court, county court, mayor's court, or juvenile
court with jurisdiction over the related criminal or delinquency
case.
The petition may be filed at any time subsequent to the
date on which
the arresting law enforcement officer serves the
notice of suspension
upon the arrested person but no later than
thirty days after the
arrested person's initial appearance or
arraignment. Upon the
making of the request, limited driving
privileges may be granted
under sections 4510.021 and 4510.13 of
the Revised Code, regardless of whether
the person appeals the
suspension under this section or appeals the
decision of the court
on the appeal, and, if the person has
so appealed the suspension
or decision, regardless of whether the matter
has been heard or
decided by the court. The person shall pay the costs
of the
proceeding, notify the registrar of the filing of the
petition,
and send the registrar a copy of the petition.
The court may not grant the person limited driving privileges
when
prohibited by section 4510.13 or 4511.191 of the Revised
Code.
(F) Any person whose driver's or commercial driver's license
or
permit has been suspended under section 4511.19 of the Revised
Code or under section 4510.07 of the Revised Code for a conviction
of a municipal
OVI offense and who desires to retain the license
or permit during
the pendency of an appeal, at the time sentence
is pronounced, shall notify
the court of record
or mayor's court
that suspended the license or permit of the person's
intention to
appeal. If the person so notifies the court, the
court, mayor, or
clerk of the court shall retain the license or permit until
the
appeal is perfected, and, if execution of sentence is stayed,
the
license or permit shall be returned to the person to be held by
the
person during the pendency of the appeal. If the appeal is
not
perfected or is dismissed or terminated in an affirmance of
the conviction,
then the license or permit shall be taken up by
the court, mayor, or clerk, at
the time
of putting the sentence
into execution, and the court shall
proceed in the same manner as
if no appeal was taken.
(G) Except as otherwise provided in this division, if a
person
whose driver's or commercial driver's license or permit or
nonresident
operating privilege was suspended under section
4511.191
of the Revised Code appeals the suspension under division
(A) of
this section, the prosecuting attorney of the county in
which the
arrest occurred shall represent the registrar of motor
vehicles in the appeal.
If the arrest occurred within a municipal
corporation within the
jurisdiction of the court in which the
appeal is conducted, the
city director of law, village solicitor,
or other chief legal
officer of that municipal corporation shall
represent the
registrar. If the appeal is conducted in a
municipal court, the
registrar shall be represented as provided in
section 1901.34 of
the Revised Code. If the appeal is conducted
in a mayor's
court,
the city director of law, village solicitor,
or other chief legal
officer of the municipal corporation that
operates that
mayor's court shall represent the registrar.
(H) The court shall give information in writing of any
action
taken under this section to the registrar of motor
vehicles.
(I) When it finally has been determined under the procedures
of
this section that a nonresident's privilege to operate a
vehicle within this
state has been suspended, the registrar of
motor vehicles shall
give information in writing of the action
taken to the motor
vehicle administrator of the state of the
nonresident's residence
and of any state in which the nonresident
has a license.
Sec. 4511.20.
(A) No person shall operate a vehicle,
trackless
trolley, or
streetcar on any street or highway in
willful or wanton disregard of the
safety
of persons or property.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.201.
(A) No person shall operate a vehicle,
trackless
trolley, or
streetcar on any public or private property
other than streets or highways, in
willful or wanton disregard of
the safety of persons or property.
This section does not apply to the competitive operation of
vehicles on public
or private property when the owner of such
property knowingly permits such
operation thereon.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.202.
(A) No person shall operate a motor vehicle,
trackless trolley, or
streetcar on any street, highway, or
property open to the public for vehicular
traffic without being in
reasonable control of the vehicle, trolley, or
streetcar.
(B)
Whoever violates this section is guilty of operating a
motor
vehicle without being in control of it, a minor misdemeanor.
Sec. 4507.33
4511.203.
(A) No person shall
authorize or
knowingly permit a motor vehicle
owned by
him
the person or under
his
the person's
control to be driven by
any person
another if
either
any of the
following
applies
apply:
(A)(1) The offender knows or
has reasonable cause to
believe
should know that the other person
has
no legal right to drive the
motor vehicle;
does not have a valid driver's or commercial
driver's license or
permit or valid nonresident driving privileges
or that the license,
permit, or privileges have been suspended or
canceled under
Chapter 4510. or any other provision of
the Revised
Code.
(B)(2) The offender knows or
has reasonable cause to
believe
should know that the other person's
act of driving the motor
vehicle would violate any prohibition contained in
sections
4507.01 to 4507.39
Chapter
4509. of
the Revised Code.
(3)
The offender knows or should know that the other
person's
act
of driving would violate section 4511.19 of the
Revised Code
or
any substantially equivalent municipal ordinance.
(B) It shall be prima-facie evidence that the offender knows
or
should know that the operator of the motor vehicle owned by the
offender or
under the
offender's control is in a category
described in division (A)(1), (2), or (3) of this
section if
either of the following applies:
(1) The offender and the operator of the motor vehicle
occupied
the motor vehicle together at the time of the offense.
(2) The offender and the operator of the motor vehicle
reside in
the same household.
(C)
Whoever violates this section is guilty of wrongful
entrustment of a motor vehicle, a misdemeanor of the first degree.
In
addition to the penalties imposed under Chapter 2929. of the
Revised Code, the court
shall impose a class seven suspension
of
the offender's driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident
operating privilege
from the range specified in division (A)(7) of
section 4510.02 of the Revised Code,
and, if the vehicle involved
in the offense is registered in the name of the
offender, the
court shall
order one of the following:
(1) Except as otherwise provided in division (C)(2) or (3)
of
this section, the court shall order, for thirty days, the
immobilization of
the vehicle involved in the offense and the
impoundment of that
vehicle's license plates. The order shall be
issued and enforced under
section 4503.233 of the Revised Code.
(2) If the offender previously has been convicted of or
pleaded
guilty to one violation of this section or a substantially
equivalent municipal ordinance, the court shall order, for sixty
days, the immobilization of the vehicle involved in the offense
and the
impoundment of that vehicle's license plates. The order
shall be
issued and enforced under section 4503.233 of the Revised
Code.
(3) If the offender previously has been convicted of or
pleaded
guilty to two or more violations of this section or a
substantially
equivalent municipal ordinance, the court shall
order the criminal
forfeiture to the state of the vehicle involved
in the offense. The order
shall be issued and enforced under
section 4503.234 of the Revised Code.
If title to a motor vehicle that is subject to an order for
criminal forfeiture under this division is assigned or transferred
and
division (B)(2) or (3) of section 4503.234 of the Revised Code
applies, in addition to or independent of any other penalty
established by
law, the court may fine the offender the value of
the vehicle as determined by
publications of the national auto
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division
(C)(2)
of section 4503.234 of the Revised Code.
(D)
If a court orders the immobilization of a vehicle under
division (C) of this section, the court shall not release the
vehicle from the immobilization before the termination of the
period of
immobilization ordered
unless the court is presented
with current proof of financial responsibility
with respect to
that
vehicle.
(E)
If a court orders the criminal forfeiture of a vehicle
under
division (C) of this section, upon receipt of the order from
the
court, neither the registrar of motor vehicles nor any deputy
registrar shall
accept any
application for the registration or
transfer of registration of any motor
vehicle owned or leased
by
the person named in the order. The period of denial shall be
five
years after the date the order is issued, unless, during that
five-year period, the court with jurisdiction of the offense that
resulted in the order terminates the forfeiture and notifies the
registrar of the termination. If the court terminates the
forfeiture and notifies the registrar, the registrar shall take
all necessary measures to permit the person to register a vehicle
owned or leased by the person or to transfer the registration of
the vehicle.
(F)
This section does not apply to motor vehicle rental
dealers
or motor vehicle leasing dealers, as defined in section
4549.65 of the Revised Code.
(G) As used in this section, a vehicle is owned by a person
if, at the time of a violation of this section, the vehicle is
registered in the person's name.
Sec. 4511.21. (A) No person shall operate a motor
vehicle,
trackless trolley, or streetcar at a speed greater or
less than is
reasonable or proper, having due regard to the
traffic, surface,
and width of the street or highway and any
other conditions, and
no person shall drive any motor vehicle,
trackless trolley, or
streetcar in and upon any street or highway
at a greater speed
than will permit the person to bring it
to a stop within the
assured clear distance ahead.
(B) It is prima-facie lawful, in the absence of a lower
limit declared pursuant to this section by the director of
transportation or local authorities, for the operator of a motor
vehicle, trackless trolley, or streetcar to operate the same at a
speed not exceeding the following:
(1)(a) Twenty miles per hour in school zones during school
recess and while children are going to or leaving school during
the opening or closing hours, and when twenty miles per hour
school speed limit signs are erected; except that, on
controlled-access highways and expressways, if the right-of-way
line fence has been erected without pedestrian opening, the speed
shall be governed by division (B)(4) of this section and on
freeways, if the right-of-way line fence has been erected without
pedestrian opening, the speed shall be governed by divisions
(B)(8) and (9) of this section. The end of every school zone may
be marked by a sign indicating the end of the zone. Nothing in
this section or in the manual and specifications for a uniform
system of traffic control devices shall be construed to require
school zones to be indicated by signs equipped with flashing or
other lights, or giving other special notice of the hours in
which
the school zone speed limit is in effect.
(b) As used in this section and in section 4511.212 of the
Revised Code, "school" means any school chartered under section
3301.16 of the Revised Code and any nonchartered school that
during the preceding year filed with the department of education
in compliance with rule 3301-35-08 of the Ohio Administrative
Code, a copy of the school's report for the parents of the
school's pupils certifying that the school meets Ohio minimum
standards for nonchartered, nontax-supported schools and presents
evidence of this filing to the jurisdiction from which it is
requesting the establishment of a school zone.
(c) As used in this section, "school zone" means that
portion of a street or highway passing a school fronting upon the
street or highway that is encompassed by projecting the school
property lines to the fronting street or highway, and also
includes that portion of a state highway. Upon request from
local
authorities for streets and highways under their
jurisdiction and
that portion of a state highway under the
jurisdiction of the
director of transportation, the director may
extend the
traditional school zone boundaries. The distances in
divisions
(B)(1)(c)(i), (ii), and (iii) of this section shall not
exceed
three hundred feet per approach per direction and are
bounded by
whichever of the following distances or combinations
thereof the
director approves as most appropriate:
(i) The distance encompassed by projecting the school
building lines normal to the fronting highway and extending a
distance of three hundred feet on each approach direction;
(ii) The distance encompassed by projecting the school
property lines intersecting the fronting highway and extending a
distance of three hundred feet on each approach direction;
(iii) The distance encompassed by the special marking of
the
pavement for a principal school pupil crosswalk plus a
distance of
three hundred feet on each approach direction of the
highway.
Nothing in this section shall be construed to invalidate
the
director's initial action on August 9, 1976, establishing all
school zones at the traditional school zone boundaries defined by
projecting school property lines, except when those boundaries
are
extended as provided in divisions (B)(1)(a) and (c) of this
section.
(d) As used in this division, "crosswalk" has the meaning
given that term in division (LL)(2) of section 4511.01 of the
Revised Code.
The director may, upon request by resolution of the
legislative authority of a municipal corporation, the board of
trustees of a township, or a county board of mental retardation
and developmental disabilities created pursuant to Chapter 5126.
of the Revised Code, and upon submission by the municipal
corporation, township, or county board of such engineering,
traffic, and other information as the director considers
necessary, designate a school zone on any portion of a state
route
lying within the municipal corporation, lying within the
unincorporated territory of the township, or lying adjacent to
the
property of a school that is operated by such county board,
that
includes a crosswalk customarily used by children going to
or
leaving a school during recess and opening and closing hours,
whenever the distance, as measured in a straight line, from the
school property line nearest the crosswalk to the nearest point
of
the crosswalk is no more than one thousand three hundred
twenty
feet. Such a school zone shall include the distance
encompassed
by the crosswalk and extending three hundred feet on
each approach
direction of the state route.
(2) Twenty-five miles per hour in all other portions of a
municipal corporation, except on state routes outside business
districts, through highways outside business districts, and
alleys;
(3) Thirty-five miles per hour on all state routes or
through highways within municipal corporations outside business
districts, except as provided in divisions (B)(4) and (6) of this
section;
(4) Fifty miles per hour on controlled-access highways and
expressways within municipal corporations;
(5) Fifty-five miles per hour on highways outside of
municipal corporations, other than freeways as provided in
division (B)(12) of this section;
(6) Fifty miles per hour on state routes within municipal
corporations outside urban districts unless a lower prima-facie
speed is established as further provided in this section;
(7) Fifteen miles per hour on all alleys within the
municipal corporation;
(8) Fifty-five miles per hour at all times on freeways
with
paved shoulders inside municipal corporations, other than
freeways
as provided in division (B)(12) of this section;
(9) Fifty-five miles per hour at all times on freeways
outside municipal corporations, other than freeways as provided
in
division (B)(12) of this section;
(10) Fifty-five miles per hour at all times on all
portions
of freeways that are part of the interstate system and on all
portions
of freeways
that are not part of the
interstate system,
but are built to the standards and specifications that are
applicable to freeways that are part of the interstate system
for
operators of any motor vehicle
weighing in excess of eight
thousand pounds empty weight and any
noncommercial bus;
(11) Fifty-five miles per hour for operators of any motor
vehicle
weighing eight thousand pounds or less empty weight and
any commercial bus at
all times on all portions of freeways that
are part of the interstate system
and that had such a speed limit
established prior to
October 1, 1995, and freeways that are not
part of the interstate system, but are built to the standards and
specifications that are applicable to freeways that are part of
the interstate
system and that had such a speed limit established
prior to
October 1, 1995, unless a higher speed limit
is
established under division (L) of this
section;
(12) Sixty-five miles per hour for operators of any motor
vehicle
weighing eight thousand pounds or less empty weight and
any commercial bus at
all times on all portions of the following:
(a) Freeways that are part of the interstate system
and that
had such a speed limit established prior to
October 1, 1995, and
freeways that are not
part of the interstate system, but are built
to the standards and
specifications that are applicable to
freeways that are part of the interstate
system and that had such
a speed limit established prior to
October 1, 1995;
(b) Freeways that are part of the interstate system
and
freeways that are not part of the interstate system but are built
to the
standards and specifications that are applicable to
freeways that are part of
the interstate system, and that had such
a speed limit established under
division (L) of this section;
(c) Rural, divided, multi-lane highways
that are designated
as part of the national highway system under the
"National
Highway
System
Designation
Act of 1995," 109
Stat. 568, 23
U.S.C.A.
103,
and that had such a speed limit established under division
(M) of
this section.
(C) It is prima-facie unlawful for any person to exceed
any
of the speed limitations in divisions (B)(1)(a), (2), (3),
(4),
(6), and (7) of this section, or any declared pursuant to
this
section by the director or local authorities and it is
unlawful
for any person to exceed any of the speed
limitations
in division
(D) of this section. No person shall be convicted of
more than
one violation of this section for the same conduct,
although
violations of more than one provision of this section
may be
charged in the alternative in a single affidavit.
(D) No person shall operate a motor vehicle, trackless
trolley, or streetcar upon a street or highway as follows:
(1) At a speed exceeding fifty-five miles per hour, except
upon a freeway as provided in division (B)(12) of this
section;
(2) At a speed exceeding sixty-five miles per hour upon a
freeway as provided in division (B)(12) of this section
except as
otherwise provided in division (D)(3) of this section;
(3) If a motor vehicle weighing in excess of eight
thousand
pounds empty weight or a noncommercial bus as prescribed
in
division (B)(10) of this section, at a speed exceeding
fifty-five
miles per hour upon a freeway as provided in that
division;
(4) At a speed exceeding the posted speed limit upon a
freeway for which
the director has determined and declared a speed
limit of not more than
sixty-five miles per hour pursuant to
division
(L)(2) or (M) of this section;
(5) At a speed exceeding sixty-five miles per hour upon a
freeway for
which such a speed limit has been established through
the operation of
division
(L)(3) of this section;
(6) At a speed exceeding the posted speed limit upon a
freeway for which
the director has determined and declared a speed
limit pursuant to division
(I)(2) of this section.
(E) In every charge of violation of this section the
affidavit and warrant shall specify the time, place, and speed at
which the defendant is alleged to have driven, and in charges
made
in reliance upon division (C) of this section also the speed
which
division (B)(1)(a), (2), (3), (4), (6), or (7) of, or a
limit
declared pursuant to, this section declares is prima-facie
lawful
at the time and place of such alleged violation, except
that in
affidavits where a person is alleged to have driven at a
greater
speed than will permit the person to bring the
vehicle to a stop
within the assured clear distance ahead the affidavit and warrant
need not specify the speed at which the defendant is alleged to
have driven.
(F) When a speed in excess of both a prima-facie
limitation
and a limitation in division (D)(1), (2),
(3), (4), (5), or (6) of
this
section is alleged, the defendant shall be charged in a
single
affidavit, alleging a single act, with a violation
indicated of
both division (B)(1)(a), (2), (3), (4), (6), or (7)
of this
section, or of a limit declared pursuant to this section
by the
director or local authorities, and of the limitation in
division
(D)(1), (2), (3), (4), (5),
or (6) of this section. If
the court finds a violation of
division (B)(1)(a), (2), (3), (4),
(6), or (7) of, or a limit
declared pursuant to, this section has
occurred, it shall enter a
judgment of conviction under such
division and dismiss the charge
under division (D)(1), (2), (3),
(4), (5), or (6) of this section. If it
finds no
violation of
division (B)(1)(a), (2), (3), (4), (6), or (7) of,
or a limit
declared pursuant to, this section, it shall then
consider whether
the evidence supports a conviction under
division (D)(1), (2),
(3), (4),
(5), or (6) of this section.
(G) Points shall be assessed for violation of a limitation
under division (D) of this section
only when the court finds the
violation involved a speed of five miles per hour or more in
excess of the posted speed limit
in accordance with section
4510.036
of the Revised Code.
(H) Whenever the director determines
upon the basis of a
geometric and traffic
characteristic study that
any speed limit
set forth in divisions (B)(1)(a) to (D) of this
section is greater
or less than is reasonable or safe under the
conditions found to
exist at any portion of a street or highway under the
jurisdiction
of the director, the director shall determine and
declare a
reasonable and safe prima-facie speed limit, which
shall be
effective when appropriate signs giving notice of it are
erected
at the
location.
(I)(1) Except as provided in divisions
(I)(2) and (K) of
this section,
whenever local authorities determine upon the basis
of an
engineering and traffic investigation that the speed
permitted by
divisions (B)(1)(a) to (D) of this section, on any
part of a
highway under their jurisdiction, is greater than is
reasonable
and safe under the conditions found to exist at such
location,
the local authorities may by resolution request the
director to
determine and declare a reasonable and safe
prima-facie speed
limit. Upon receipt of such request the
director may determine
and declare a reasonable and safe
prima-facie speed limit at such
location, and if the director does
so, then such declared speed
limit shall become effective only
when appropriate signs giving
notice thereof are erected at such
location by the local
authorities. The director may withdraw the
declaration of
a
prima-facie speed limit whenever in the
director's opinion
the altered
prima-facie speed becomes
unreasonable. Upon
such withdrawal,
the declared prima-facie
speed shall become ineffective and the
signs relating thereto
shall be immediately removed by the local
authorities.
(2) A local authority may determine on the basis of a
geometric
and traffic characteristic study that the speed limit of
sixty-five miles per
hour on a portion of a freeway under its
jurisdiction that was established
through the operation of
division (L)(3) of
this section is greater than is reasonable or
safe under the conditions found
to exist at that portion of the
freeway. If the local authority makes such a
determination, the
local authority by resolution may request the director to
determine and declare a reasonable and safe speed limit of not
less than
fifty-five miles per hour for that portion of the
freeway. If the director
takes such action, the declared speed
limit becomes effective only when
appropriate signs giving notice
of it are erected at such location by the
local authority.
(J) Local authorities in their respective jurisdictions
may
authorize by ordinance higher prima-facie speeds than those
stated
in this section upon through highways, or upon highways or
portions thereof where there are no intersections, or between
widely spaced intersections, provided signs are erected giving
notice of the authorized speed, but local authorities shall not
modify or alter the basic rule set forth in division (A) of this
section or in any event authorize by ordinance a speed in excess
of fifty miles per hour.
Alteration of prima-facie limits on state routes by local
authorities shall not be effective until the alteration has been
approved by the director. The director may withdraw approval
of
any altered prima-facie speed limits whenever in the
director's
opinion
any altered prima-facie speed becomes unreasonable, and
upon such
withdrawal, the altered prima-facie speed shall become
ineffective and the signs relating thereto shall be immediately
removed by the local authorities.
(K)(1) As used in divisions (K)(1), (2), (3), and (4) of
this section, "unimproved highway" means a highway consisting of
any of the following:
(b) Unimproved graded and drained earth;
(2) Except as otherwise provided in divisions (K)(4) and
(5)
of this section, whenever a board of township trustees
determines
upon the basis of an engineering and traffic
investigation that
the speed permitted by division (B)(5) of this
section on any part
of an unimproved highway under its
jurisdiction and in the
unincorporated territory of the township
is greater than is
reasonable or safe under the conditions found
to exist at the
location, the board may by resolution declare a
reasonable and
safe prima-facie speed limit of fifty-five but not
less than
twenty-five miles per hour. An altered speed limit
adopted by a
board of township trustees under this division
becomes effective
when appropriate traffic control devices, as
prescribed in section
4511.11 of the Revised Code, giving notice
thereof are erected at
the location, which shall be no sooner
than sixty days after
adoption of the resolution.
(3)(a) Whenever, in the opinion of a board of township
trustees, any altered prima-facie speed limit established by the
board under this division becomes unreasonable, the board may
adopt a resolution withdrawing the altered prima-facie speed
limit. Upon the adoption of such a resolution, the altered
prima-facie speed limit becomes ineffective and the traffic
control devices relating thereto shall be immediately removed.
(b) Whenever a highway ceases to be an unimproved highway
and the board has adopted an altered prima-facie speed limit
pursuant to division (K)(2) of this section, the board shall, by
resolution, withdraw the altered prima-facie speed limit as soon
as the highway ceases to be unimproved. Upon the adoption of
such
a resolution, the altered prima-facie speed limit becomes
ineffective and the traffic control devices relating thereto
shall
be immediately removed.
(4)(a) If the boundary of two townships rests on the
centerline of an unimproved highway in unincorporated territory
and both townships have jurisdiction over the highway, neither of
the boards of township trustees of such townships may declare an
altered prima-facie speed limit pursuant to division (K)(2) of
this section on the part of the highway under their joint
jurisdiction unless the boards of township trustees of both of
the
townships determine, upon the basis of an engineering and
traffic
investigation, that the speed permitted by division
(B)(5) of this
section is greater than is reasonable or safe
under the conditions
found to exist at the location and both
boards agree upon a
reasonable and safe prima-facie speed limit
of less than
fifty-five but not less than twenty-five miles per
hour for that
location. If both boards so agree, each shall
follow the
procedure specified in division (K)(2) of this section
for
altering the prima-facie speed limit on the highway. Except
as
otherwise provided in division (K)(4)(b) of this section, no
speed
limit altered pursuant to division (K)(4)(a) of this
section may
be withdrawn unless the boards of township trustees
of both
townships determine that the altered prima-facie speed
limit
previously adopted becomes unreasonable and each board
adopts a
resolution withdrawing the altered prima-facie speed
limit
pursuant to the procedure specified in division (K)(3)(a)
of this
section.
(b) Whenever a highway described in division (K)(4)(a) of
this section ceases to be an unimproved highway and two boards of
township trustees have adopted an altered prima-facie speed limit
pursuant to division (K)(4)(a) of this section, both boards
shall,
by resolution, withdraw the altered prima-facie speed
limit as
soon as the highway ceases to be unimproved. Upon the
adoption of
the resolution, the altered prima-facie speed limit
becomes
ineffective and the traffic control devices relating
thereto shall
be immediately removed.
(5) As used in division (K)(5) of this section:
(a) "Commercial subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a
highway where, for a distance of three hundred feet or more, the
frontage is improved with buildings in use for commercial
purposes, or where the entire length of the highway is less than
three hundred feet long and the frontage is improved with
buildings in use for commercial purposes.
(b) "Residential subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a
highway, where, for a distance of three hundred feet or more, the
frontage is improved with residences or residences and buildings
in use for business, or where the entire length of the highway is
less than three hundred feet long and the frontage is improved
with residences or residences and buildings in use for business.
Whenever a board of township trustees finds upon the basis
of
an engineering and traffic investigation that the prima-facie
speed permitted by division (B)(5) of this section on any part of
a highway under its jurisdiction that is located in a commercial
or residential subdivision, except on highways or portions
thereof
at the entrances to which vehicular traffic from the
majority of
intersecting highways is required to yield the
right-of-way to
vehicles on such highways in obedience to stop or
yield signs or
traffic control signals, is greater than is
reasonable and safe
under the conditions found to exist at the
location, the board may
by resolution declare a reasonable and
safe prima-facie speed
limit of less than fifty-five but not less
than twenty-five miles
per hour at the location. An altered
speed limit adopted by a
board of township trustees under this
division shall become
effective when appropriate signs giving
notice thereof are erected
at the location by the township.
Whenever, in the opinion of a
board of township trustees, any
altered prima-facie speed limit
established by it under this
division becomes unreasonable, it may
adopt a resolution
withdrawing the altered prima-facie speed, and
upon such
withdrawal, the altered prima-facie speed shall become
ineffective, and the signs relating thereto shall be immediately
removed by the township.
(L)(1) Within one
hundred twenty days of the effective date
of this amendment, the director of
transportation, based upon a
geometric and traffic characteristic study of a
freeway that is
part of the interstate system or that is not part of the
interstate system, but is built to the standards and
specifications that are
applicable to freeways that are part of
the interstate system, in consultation
with the director of public
safety and, if applicable, the local authority
having jurisdiction
over a portion of such freeway, may determine and declare
that the
speed limit of less than sixty-five miles per hour established on
such
freeway or portion of freeway either is reasonable and safe
or is less than
that which is reasonable and safe.
(2) If the established speed limit for such a freeway or
portion of
freeway is determined to be less than that which is
reasonable and safe, the
director of transportation, in
consultation with the director of public safety
and, if
applicable, the local authority having jurisdiction over the
portion
of
freeway, shall determine and declare a reasonable and
safe speed limit of not
more than sixty-five miles per hour for
that freeway or portion of freeway.
The director of transportation or local authority having
jurisdiction
over the freeway or portion of freeway shall erect
appropriate signs giving
notice of the speed limit at such
location within
one hundred fifty days of the effective date of
this amendment. Such speed
limit becomes effective only when such
signs are erected at the location.
(3) If, within one hundred twenty days of the effective date
of this
amendment, the director of transportation does not make a
determination and
declaration of a reasonable and safe speed limit
for a freeway or portion of
freeway that is part of the interstate
system or that is not part of the
interstate system, but is built
to the standards and specifications that are
applicable to
freeways that are part of the interstate system and that has a
speed limit of less than sixty-five miles per hour, the speed
limit on that
freeway or portion of a freeway shall be sixty-five
miles per hour. The
director of transportation or local authority
having jurisdiction over the
freeway or portion of the freeway
shall erect appropriate signs giving notice
of the speed limit of
sixty-five miles per hour at such location within one
hundred
fifty days of the effective date of this amendment. Such speed
limit
becomes effective only when such signs are erected at the
location. A speed
limit established through the operation of
division
(L)(3) of this section is subject to reduction
under
division (I)(2) of this section.
(M) Within three hundred sixty days
after the effective date
of this amendment, the director of transportation,
based upon a
geometric and traffic characteristic study of a rural, divided,
multi-lane highway that has been designated as part of the
national highway
system under the "National
Highway
System
Designation
Act of 1995," 109
Stat. 568, 23
U.S.C.A.
103, in
consultation with the director of public safety and, if
applicable,
the
local authority having jurisdiction over a portion
of the highway, may
determine and declare that the speed limit of
less than sixty-five miles per
hour established on the highway or
portion of highway either is reasonable and
safe or is less than
that which is reasonable and safe.
If the established speed limit for the highway or portion of
highway is
determined to be less than that which is reasonable and
safe, the director of
transportation, in consultation with the
director of public safety and, if
applicable, the local authority
having jurisdiction over the portion of
highway, shall determine
and declare a reasonable and safe speed limit of not
more than
sixty-five miles per hour for that highway or portion of highway.
The director of transportation or local authority having
jurisdiction over the
highway or portion of highway shall erect
appropriate signs giving notice of
the speed limit at such
location within three hundred ninety days after the
effective date
of this amendment. The speed limit becomes effective only when
such signs are erected at the location.
(N) As used in this section:
(1) "Interstate system" has the same meaning as in 23
U.S.C.A. 101.
(2) "Commercial bus" means a motor vehicle designed for
carrying more than nine passengers and used for the
transportation
of persons for compensation.
(3) "Noncommercial bus" includes but is not limited to a
school bus or a motor vehicle operated solely for the
transportation of persons associated with a charitable or
nonprofit organization.
(O)(1) A violation of any provision of this section
is one
of the following:
(a) Except as otherwise provided in divisions
(O)(1)(b),
(1)(c), (2), and
(3) of this section, a minor misdemeanor;
(b) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to two
violations of any provision of
this section or of any provision of
a municipal ordinance that is
substantially similar to any
provision of this section, a misdemeanor of the
fourth degree;
(c) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to three or
more violations
of any
provision of this section or of any
provision of a municipal ordinance that is
substantially similar
to any provision of this section, a misdemeanor of the
third
degree;
(2) If the offender has not previously been convicted of or
pleaded guilty
to a violation of any provision of this section or
of any provision of a
municipal ordinance that is substantially
similar to this section and operated
a motor vehicle faster than
thirty-five
miles an hour in a business district of a municipal
corporation,
faster than fifty miles an hour in other portions of
a municipal
corporation, or faster than thirty-five miles an hour
in a school
zone during recess or while children are going to or
leaving
school during the school's opening or closing hours, a
misdemeanor of the
fourth degree.
(3) Notwithstanding division (O)(1) of this section, if the
offender operated a motor vehicle in a construction
zone where a
sign was then posted in accordance with section
4511.98 of the
Revised Code, the court, in addition to all
other
penalties
provided by law, shall impose upon the offender a fine of two
times
the usual amount
imposed for the violation. No court shall
impose a
fine of two times the usual amount imposed for the
violation upon
an offender if the offender alleges, in an
affidavit filed with the court
prior to the offender's sentencing,
that the offender is indigent
and is unable to pay the fine
imposed pursuant to this division
and if the court determines that
the offender is an indigent person
and unable to pay the fine.
Sec. 4511.211. (A) The owner of a private road or
driveway
located in a private residential area containing twenty
or more
dwelling units may establish a speed limit on the road or
driveway
by complying with all of the following requirements:
(1) The speed limit is not less than twenty-five miles per
hour and is indicated by a sign that is in a proper position, is
sufficiently legible to be seen by an ordinarily observant
person,
and meets the specifications for the basic speed limit
sign
included in the manual adopted by the department of
transportation
pursuant to section 4511.09 of the Revised Code;
(2) The owner has posted a sign at the entrance of the
private road or driveway that is in plain view and clearly
informs
persons entering the road or driveway that they are
entering
private property, a speed limit has been established for
the road
or driveway, and the speed limit is enforceable by law
enforcement
officers under state law.
(B) No person shall operate a vehicle upon a private road
or
driveway as provided in division (A) of this section at a
speed
exceeding any speed limit established and posted pursuant
to that
division.
(C) When a speed limit is established and posted in
accordance with division (A) of this section, any law enforcement
officer may apprehend a person violating the speed limit of the
residential area by utilizing any of the means described in
section 4511.091 of the Revised Code or by any other accepted
method of determining the speed of a motor vehicle and may stop
and charge the person with exceeding the speed limit.
(D) Points shall be assessed for violation of a speed
limit
established and posted in accordance with division (A) of
this
section
only when the violation involves a speed of five
miles per
hour or more in excess of the posted speed limit
in
accordance
with section 4510.036 of the Revised Code.
(E) As used in this section:
(1) "Owner" includes but is not limited to a person who
holds title to the real property in fee simple, a condominium
owners' association, a property owner's association, the board of
directors or trustees of a private community, and a nonprofit
corporation governing a private community.
(2) "Private residential area containing twenty or more
dwelling units" does not include a Chautauqua assembly as defined
in section 4511.90 of the Revised Code.
(F) A violation of division (B) of
this section is one of
the following:
(1) Except as otherwise provided in divisions
(F)(2) and (3)
of this
section, a minor misdemeanor;
(2) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to two
violations of division
(B) of this section or of any municipal
ordinance that is
substantially similar to division (B) of this
section, a misdemeanor
of the fourth degree;
(3) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to three or
more violations of
division (B) of this section or of any
municipal ordinance that is
substantially similar to division (B)
of this section, a misdemeanor
of the third degree.
Sec. 4511.213. (A) The driver of a motor vehicle, upon
approaching a stationary
public safety vehicle that is displaying
a flashing red light, flashing
combination red and white light,
oscillating or rotating red light,
oscillating or rotating
combination red and white light, flashing
blue light, flashing
combination blue and white light, oscillating
or rotating blue
light, or oscillating
or rotating combination blue and white
light, shall do either of the
following:
(1) If the driver of the motor vehicle is traveling on a
highway
that consists of at least two lanes that carry traffic in
the same
direction of travel as that of the driver's motor
vehicle, the driver
shall proceed with due caution and, if
possible and with due regard to
the road, weather, and traffic
conditions, shall change lanes into a
lane that is not adjacent to
that of the stationary public safety
vehicle.
(2) If the driver is not traveling on a highway of a type
described in
division (A)(1) of this section, or if the driver is
traveling on a
highway of that type but it is not possible to
change lanes or if to do so
would be
unsafe, the driver shall
proceed with due caution, reduce the speed of the
motor vehicle,
and maintain a safe speed for the road, weather, and traffic
conditions.
(B) This section does not relieve the driver of a public
safety
vehicle from the duty to drive with due regard for the
safety of all
persons and property upon the highway.
(C) No person shall fail to drive a motor vehicle in
compliance
with division (A)(1) or (2) of this section when so
required by
division (A) of this section.
(D)(1) Except as otherwise provided in this division,
whoever
violates
this section is guilty of a minor misdemeanor.
If,
within one year of
the offense, the offender previously has
been
convicted of or pleaded
guilty to one predicate motor vehicle
or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
(2) Notwithstanding section 2929.21 of the Revised Code,
upon a finding that a person operated a motor vehicle in violation
of division (C) of this section, the court, in addition to all
other penalties provided by law, shall impose a fine of two times
the usual amount imposed for the violation.
(E) As used in this section, "public safety vehicle" has the
same
meaning as in section 4511.01 of the Revised Code.
Sec. 4511.22. (A) No person shall stop or operate a
vehicle, trackless trolley, or street car at such a slow speed as
to impede or block the normal and reasonable movement of traffic,
except when stopping or reduced speed is necessary for safe
operation or to comply with law.
(B) Whenever the director of transportation or local
authorities determine on the basis of an engineering and traffic
investigation that slow speeds on any part of a controlled-access
highway, expressway, or freeway consistently impede the normal
and
reasonable movement of traffic, the director or such local
authority may declare a minimum speed limit below which no person
shall operate a motor vehicle, trackless trolley, or street car
except when necessary for safe operation or in compliance with
law. No minimum speed limit established hereunder shall be less
than thirty miles per hour, greater than fifty miles per hour,
nor
effective until the provisions of section 4511.21 of the
Revised
Code, relating to appropriate signs, have been fulfilled
and local
authorities have obtained the approval of the director.
(C)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.23.
(A) No person shall operate a vehicle,
trackless
trolley, or streetcar over any bridge or other elevated
structure
constituting a part of a highway at a speed which is
greater than
the maximum speed that can be maintained with safety
to such
bridge or structure, when such structure is posted with
signs as
provided in this section.
The department of transportation upon request from any
local
authority shall, or upon its own initiative may, conduct an
investigation of any bridge or other elevated structure
constituting a part of a highway, and if it finds that such
structure cannot with safety withstand traffic traveling at the
speed otherwise permissible under sections 4511.01 to
4511.78
4511.85 and
4511.99
4511.98 of the Revised Code, the department
shall
determine and
declare the maximum speed of traffic which
such structure can
withstand, and shall cause or permit suitable
signs stating such
maximum speed to be erected and maintained at a
distance of at
least one hundred feet before each end of such
structure.
Upon the trial of any person charged with a violation of
this
section, proof of said determination of the maximum speed by
the
department and the existence of said signs shall constitute
prima-facie evidence of the maximum speed which can be maintained
with safety to such bridge or structure.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.25. (A) Upon all roadways of sufficient width,
a
vehicle or trackless trolley shall be driven upon the right
half
of the roadway, except as follows:
(1) When overtaking and passing another vehicle proceeding
in the same direction, or when making a left turn under the rules
governing such movements;
(2) When an obstruction exists making it necessary to
drive
to the left of the center of the highway; provided, any
person so
doing shall yield the right of way to all vehicles
traveling in
the proper direction upon the unobstructed portion
of the highway
within such distance as to constitute an immediate
hazard;
(3) When driving upon a roadway divided into three or more
marked lanes for traffic under the rules applicable thereon;
(4) When driving upon a roadway designated and posted with
signs for one-way traffic;
(5) When otherwise directed by a police officer or traffic
control device.
(B) Upon all roadways any vehicle or trackless trolley
proceeding at less than the normal speed of traffic at the time
and place and under the conditions then existing shall be driven
in the right-hand lane then available for traffic, or as close as
practicable to the right-hand curb or edge of the roadway, except
when overtaking and passing another vehicle or trackless trolley
proceeding in the same direction or when preparing for a left
turn.
(C) Upon any roadway having four or more lanes for moving
traffic and providing for two-way movement of traffic, no vehicle
or trackless trolley shall be driven to the left of the center
line of the roadway, except when authorized by official traffic
control devices designating certain lanes to the left of the
center of the roadway for use by traffic not otherwise permitted
to use the lanes, or except as permitted under division (A)(2) of
this section.
Division (C) of this section
This division shall not be
construed as
prohibiting the crossing of the center line in making
a left turn
into or from an alley, private road, or driveway.
(D)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.251. (A) As used in this section and
in sections
4507.021 and
4507.16
section
4510.036 of the Revised Code, "street
racing" means the
operation of two or more vehicles from a point
side by side at
accelerating speeds in a competitive attempt to
out-distance each
other or the operation of one or more vehicles
over a common
selected course, from the same point to the same
point, wherein
timing is made of the participating vehicles
involving
competitive accelerations or speeds. Persons rendering
assistance in any manner to such competitive use of vehicles
shall
be equally charged as the participants. The operation of
two or
more vehicles side by side either at speeds in excess of
prima-facie lawful speeds established by divisions (B)(1)(a) to
(B)(7) of section 4511.21 of the Revised Code or rapidly
accelerating from a common starting point to a speed in excess of
such prima-facie lawful speeds shall be prima-facie evidence of
street racing.
(B) No person shall participate in
street racing upon any
public road, street, or
highway in this state.
(C)
Whoever violates this section is guilty of street
racing,
a
misdemeanor of the first degree. In addition to any
other
sanctions, the
court shall suspend
the
offender's driver's
license,
commercial driver's license,
temporary instruction
permit, probationary
license, or nonresident
operating privilege
for not less than thirty days or more than one year. No judge
shall suspend the first thirty days of any suspension of an
offender's license, permit, or privilege imposed under this
division.
Sec. 4511.26.
(A) Operators of vehicles and trackless
trolleys
proceeding in
opposite directions shall pass each other
to the right, and upon
roadways
having width for not more than one
line of traffic in each
direction, each
operator shall give to the
other one-half of the main traveled
portion of the
roadway or as
nearly one-half as is reasonable possible.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.27.
(A) The following rules govern the overtaking
and
passing of
vehicles or trackless trolleys proceeding in the
same direction:
(A)(1) The operator of a vehicle or trackless trolley
overtaking
another
vehicle or trackless trolley proceeding in the
same direction
shall, except as
provided in division
(C)(A)(3) of
this section, signal to the
vehicle
or trackless
trolley to be
overtaken, shall pass to the left thereof at a safe
distance,
and
shall not again drive to the right side of the roadway until
safely clear of
the overtaken vehicle or trackless trolley.
(B)(2) Except when overtaking and passing on the right is
permitted, the
operator of an overtaken vehicle shall give way to
the right in favor of the
overtaking vehicle at the latter's
audible signal, and he shall not increase
the speed of his vehicle
until completely passed by the overtaking vehicle.
(C)(3) The operator of a vehicle or trackless trolley
overtaking and passing
another vehicle or trackless trolley
proceeding in the same direction on a
divided highway as defined
in section 4511.35 of the Revised Code, a limited
access highway
as defined in section 5511.02 of the Revised Code, or a highway
with four or more traffic lanes, is not required to signal audibly
to the
vehicle or trackless trolley being overtaken and passed.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.28. (A) The driver of a vehicle or trackless
trolley
may
overtake and pass upon the right of another vehicle or
trackless
trolley only
under the following conditions:
(1) When the vehicle or trackless trolley overtaken is
making or
about to
make a left turn;
(2) Upon a roadway with unobstructed pavement of sufficient
width for two
or more lines of vehicles moving lawfully in the
direction being
traveled by
the overtaking vehicle.
(B) The driver of a vehicle or trackless trolley may
overtake
and pass
another vehicle or trackless trolley only under
conditions
permitting such
movement in safety. The movement shall
not be made by driving
off the roadway.
(C)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.29.
(A) No vehicle or trackless trolley shall be
driven
to the left of
the center of the roadway in overtaking and
passing traffic proceeding in the
same direction, unless such left
side is clearly visible and is free of
oncoming traffic for a
sufficient distance ahead to permit such overtaking and
passing to
be completely made, without interfering with the safe operation of
any traffic approaching from the opposite direction or any traffic
overtaken.
In every event the overtaking vehicle or trackless
trolley must return to an
authorized lane of travel as soon as
practicable and in the event the passing
movement involves the use
of a lane authorized for traffic approaching from the
opposite
direction, before coming within two hundred feet of any
approaching
vehicle.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.30.
(A) No vehicle or trackless trolley shall be
driven
upon the left
side of the roadway under the following
conditions:
(A)(1) When approaching the crest of a grade or upon a curve
in the highway,
where the operator's view is obstructed within
such a distance as to create a
hazard in the event traffic might
approach from the opposite direction;
(B)(2) When the view is obstructed upon approaching within
one hundred feet
of any bridge, viaduct, or tunnel;
(C)(3) When approaching within one hundred feet of or
traversing any
intersection or railroad grade crossing.
(B) This section does not apply to vehicles or trackless
trolleys
upon a
one-way
roadway, upon a roadway where traffic is
lawfully directed to be driven to the
left side, or under the
conditions described in division (A)(2) of section
4511.25 of the
Revised Code.
(C)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.31.
(A) The department of transportation may
determine
those portions
of
any state highway where overtaking and
passing other traffic or driving to the
left of the center or
center line of the roadway would be especially
hazardous,
and may,
by appropriate signs or markings on the highway, indicate the
beginning and end of such zones. When such signs or markings are
in place and
clearly visible, every operator of a vehicle or
trackless trolley shall obey
the directions
thereof
of the signs
or markings, notwithstanding
the distances set out in section
4511.30 of the Revised Code.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.32.
(A) The department of transportation may
designate
any highway or
any separate roadway under its
jurisdiction for one-way traffic and shall
erect
appropriate signs
giving notice thereof.
Upon a roadway designated and posted with signs for one-way
traffic a vehicle
shall be driven only in the direction
designated.
A vehicle passing around a rotary traffic island shall be
driven only to the
right of
such
the rotary traffic island.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.33.
(A) Whenever any roadway has been divided
into
two or more clearly marked lanes for traffic, or wherever
within
municipal corporations traffic is lawfully moving in two or
more
substantially continuous lines in the same direction, the
following rules apply:
(A)(1) A vehicle or trackless trolley shall be driven, as
nearly as is practicable, entirely within a single lane or line
of
traffic and shall not be moved from such lane or line until
the
driver has first ascertained that such movement can be made
with
safety.
(B)(2) Upon a roadway which is divided into three lanes and
provides for two-way movement of traffic, a vehicle or trackless
trolley shall not be driven in the center lane except when
overtaking and passing another vehicle or trackless trolley where
the roadway is clearly visible and such center lane is clear of
traffic within a safe distance, or when preparing for a left
turn,
or where such center lane is at the time allocated
exclusively to
traffic moving in the direction the vehicle or
trackless trolley
is proceeding and is posted with signs to give
notice of such
allocation.
(C)(3) Official signs may be erected directing specified
traffic to use a designated lane or designating those lanes to be
used by traffic moving in a particular direction regardless of
the
center of the roadway, and drivers of vehicles and trackless
trolleys shall obey the directions of such signs.
(D)(4) Official traffic control devices may be installed
prohibiting the changing of lanes on sections of roadway and
drivers of vehicles shall obey the directions of every such
device.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.34.
(A) The operator of a motor vehicle,
streetcar, or
trackless
trolley
shall not follow another vehicle,
streetcar, or trackless trolley more closely
than is reasonable
and prudent, having due regard for the speed of such
vehicle,
streetcar, or trackless trolley, and the traffic upon and the
condition of the highway.
The driver of any truck, or motor vehicle drawing another
vehicle, when
traveling upon a roadway outside a business or
residence district shall
maintain a sufficient space, whenever
conditions permit, between such vehicle
and another vehicle ahead
so an overtaking motor vehicle may enter and occupy
such space
without danger. This paragraph does not prevent overtaking and
passing nor does it apply to any lane specially designated for use
by trucks.
Outside a municipal corporation, the driver of any truck, or
motor vehicle when
drawing another vehicle, while ascending to the
crest of a grade beyond which
the driver's view of a roadway is
obstructed, shall not follow within three
hundred feet of another
truck, or motor vehicle drawing another vehicle. This
paragraph
shall not apply to any lane specially designated for use by
trucks.
Motor vehicles being driven upon any roadway outside of a
business or residence
district in a caravan or motorcade, shall
maintain a sufficient
space between
such vehicles so an overtaking
vehicle may enter and occupy such
space without
danger. This
paragraph shall not apply to funeral processions.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.35.
(A) Whenever any highway has been divided
into two
roadways by an
intervening space, or by a physical
barrier, or clearly indicated dividing
section so constructed as
to impede vehicular traffic, every vehicle shall be
driven only
upon the right-hand roadway, and no vehicle shall be driven over,
across, or within any such dividing space, barrier, or section,
except through
an opening, crossover, or intersection established
by public authority. This
section does not prohibit the occupancy
of such dividing space, barrier, or
section for the purpose of an
emergency stop or in compliance with an order of
a police officer.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.36.
(A) The driver of a vehicle intending to turn
at
an intersection shall be governed by the following rules:
(A)(1) Approach for a right turn and a right turn shall be
made as close as practicable to the right-hand curb or edge of
the
roadway.
(B)(2) At any intersection where traffic is permitted to
move
in both directions on each roadway entering the intersection,
an
approach for a left turn shall be made in that portion of the
right half of the roadway nearest the center line thereof and by
passing to the right of such center line where it enters the
intersection and after entering the intersection the left turn
shall be made so as to leave the intersection to the right of the
center line of the roadway being entered. Whenever practicable
the left turn shall be made in that portion of the intersection
to
the left of the center of the intersection.
(C)(3) At any intersection where traffic is restricted to
one
direction on one or more of the roadways, the driver of a
vehicle
intending to turn left at any such intersection shall
approach
the intersection in the extreme left-hand lane lawfully
available
to traffic moving in the direction of travel of such
vehicle, and
after entering the intersection the left turn shall
be made so as
to leave the intersection, as nearly as practicable,
in the
left-hand lane of the roadway being entered lawfully
available to
traffic moving in that lane.
(B) The operator of a trackless trolley shall comply with
divisions (A)(1),
(B)(2), and
(C)(3)
of this section wherever
practicable.
(C) The department of transportation and local authorities
in
their respective jurisdictions may cause markers, buttons, or
signs to be placed within or adjacent to intersections and
thereby
require and direct that a different course from that
specified in
this section be traveled by vehicles, streetcars, or
trackless
trolleys, turning at an intersection, and when markers,
buttons,
or signs are so placed, no operator of a vehicle,
streetcar, or
trackless trolley shall turn such vehicle,
streetcar, or trackless
trolley at an intersection other than as
directed and required by
such markers, buttons, or signs.
(D)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.37. (A) Except as provided in division (B) of
this section, no vehicle shall be turned so as to proceed in the
opposite direction upon any curve, or upon the approach to or
near
the crest of a grade, if the vehicle cannot be seen within
five
hundred feet by the driver of any other vehicle approaching
from
either direction.
(B) The driver of an emergency vehicle or public safety
vehicle, when responding to an emergency call, may turn the
vehicle so as to proceed in the opposite direction. This
division
applies only when the emergency vehicle or public safety
vehicle
is responding to an emergency call, is equipped with and
displaying at least one flashing, rotating, or oscillating light
visible under normal atmospheric conditions from a distance of
five hundred feet to the front of the vehicle, and when the
driver
of the vehicle is giving an audible signal by siren,
exhaust
whistle, or bell. This division does not relieve the
driver of an
emergency vehicle or public safety vehicle from the
duty to drive
with due regard for the safety of all persons and
property upon
the highway.
(C)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.38.
(A) No person shall start a vehicle,
streetcar, or
trackless
trolley
which is stopped, standing, or
parked until such movement can be made with
reasonable safety.
Before backing, operators of vehicle, streetcars, or
trackless trolleys shall
give ample warning, and while backing
they shall exercise vigilance not to
injure person or property on
the street or highway.
No person shall back a motor vehicle on a freeway, except:
in
a
rest area;
in the performance of public works or official
duties; as a
result of an
emergency caused by an accident or
breakdown of a motor vehicle.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.39.
(A) No person shall turn a vehicle or
trackless
trolley or move right or left upon a highway unless and
until
such person has exercised due care to ascertain that the
movement
can be made with reasonable safety nor without giving an
appropriate signal in the manner hereinafter provided.
When required, a signal of intention to turn or move right
or
left shall be given continuously during not less than the last
one
hundred feet traveled by the vehicle or trackless trolley
before
turning.
No person shall stop or suddenly decrease the speed of a
vehicle or trackless trolley without first giving an appropriate
signal in the manner provided herein to the driver of any vehicle
or trackless trolley immediately to the rear when there is
opportunity to give a signal.
Any stop or turn signal required by this section shall be
given either by means of the hand and arm, or by signal lights
that clearly indicate to both approaching and following traffic
intention to turn or move right or left, except that any motor
vehicle in use on a highway shall be equipped with, and the
required signal shall be given by, signal lights when the
distance
from the center of the top of the steering post to the
left
outside limit of the body, cab, or load of such motor
vehicle
exceeds twenty-four inches, or when the distance from the
center
of the top of the steering post to the rear limit of the
body or
load thereof exceeds fourteen feet, whether a single
vehicle or a
combination of vehicles.
The signal lights required by this section shall not be
flashed on one side only on a disabled vehicle or trackless
trolley, flashed as a courtesy or "do pass" signal to operators
of
other vehicles or trackless trolleys approaching from the
rear,
nor be flashed on one side only of a parked vehicle or
trackless
trolley except as may be necessary for compliance with
this
section.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.40. (A) Except as provided in division
(B) of
this section, all signals required by sections 4511.01 to
4511.78
of the Revised Code, when given by hand and arm, shall
be given
from the left side of the vehicle in the following manner, and
such
signals shall indicate as follows:
(1) Left turn, hand and arm extended horizontally;
(2) Right turn, hand and arm extended upward;
(3) Stop or decrease speed, hand and arm extended downward.
(B) As an alternative to division (A)(2) of this section, a
person operating
a bicycle may give a right turn signal by
extending the right hand and arm
horizontally and to the right
side of the bicycle.
(C)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.41. (A) When two vehicles, including any
trackless trolley or
streetcar, approach or enter an intersection
from different streets or
highways
at approximately the same time,
the driver of the vehicle on the left shall
yield the right-of-way
to the vehicle on the right.
(B) The right-of-way rule declared in division (A) of this
section is
modified at through highways and otherwise as stated in
Chapter 4511. of the
Revised Code.
(C)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.42.
(A) The operator of a vehicle, streetcar, or
trackless trolley
intending to turn to the left within an
intersection or into an alley, private
road, or driveway shall
yield the right of way to any vehicle, streetcar, or
trackless
trolley approaching from the opposite direction, whenever the
approaching vehicle, streetcar, or trackless trolley is within the
intersection
or so close to the intersection, alley, private road,
or driveway as to
constitute an immediate hazard.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.43. (A) Except when directed to proceed by a
law
enforcement officer, every driver of a vehicle or trackless
trolley approaching a stop sign shall stop at a clearly marked
stop line, but if none, before entering the crosswalk on the near
side of the intersection, or, if none, then at the point nearest
the intersecting roadway where the driver has a view of
approaching traffic on the intersecting roadway before entering
it. After having stopped, the driver shall yield the
right-of-way
to any vehicle in the intersection or approaching on
another
roadway so closely as to constitute an immediate hazard
during the
time the driver is moving across or within the
intersection or
junction of roadways.
(B) The driver of a vehicle or trackless trolley
approaching
a yield sign shall slow down to a speed reasonable
for the
existing conditions and, if required for safety to stop,
shall
stop at a clearly marked stop line, but if none, before
entering
the crosswalk on the near side of the intersection, or,
if none,
then at the point nearest the intersecting roadway where
the
driver has a view of approaching traffic on the intersecting
roadway before entering it. After slowing or stopping, the
driver
shall yield the right-of-way to any vehicle or trackless
trolley
in the intersection or approaching on another roadway so
closely
as to constitute an immediate hazard during the time the
driver is
moving across or within the intersection or junction of
roadways.
Whenever a driver is involved in a collision with a
vehicle or
trackless trolley in the intersection or junction of
roadways,
after driving past a yield sign without stopping, the
collision
shall be prima-facie evidence of the driver's failure
to yield the
right-of-way.
(C)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.431.
(A) The driver of a vehicle or trackless
trolley
emerging from an
alley, building, private road, or
driveway within a business or residence
district shall stop the
vehicle or trackless trolley immediately prior to
driving onto a
sidewalk or onto the sidewalk area extending across the alley,
building entrance, road, or driveway, or in the event there is no
sidewalk
area, shall stop at the point nearest the street to be
entered where the
driver has a view of approaching traffic
thereon.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.432. (A) The owner of a private road or
driveway
located in a private residential area containing twenty
or more
dwelling units may erect stop signs at places where the
road or
driveway intersects with another private road or driveway
in the
residential area, in compliance with all of the following
requirements:
(1) The stop sign is sufficiently legible to be seen by an
ordinarily observant person and meets the specifications of and
is
placed in accordance with the manual adopted by the department
of
transportation pursuant to section 4511.09 of the Revised
Code;.
(2) The owner has posted a sign at the entrance of the
private road or driveway that is in plain view and clearly
informs
persons entering the road or driveway that they are
entering
private property, stop signs have been posted and must
be obeyed,
and the signs are enforceable by law enforcement
officers under
state law. The sign required by division (A)(2)
of this section,
where appropriate, may be incorporated with the
sign required by
division (A)(2) of section 4511.211 of the
Revised Code.
(B) Division (A) of section 4511.43 and section 4511.46 of
the Revised Code shall be deemed to apply to the driver of a
vehicle on a private road or driveway where a stop sign is placed
in accordance with division (A) of this section and to a
pedestrian crossing such a road or driveway at an intersection
where a stop sign is in place.
(C) When a stop sign is placed in accordance with division
(A) of this section, any law enforcement officer may apprehend a
person found violating the stop sign and may stop and charge the
person with violating the stop sign.
(D)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
(E) As used in this section, and for the purpose of
applying
division (A) of section 4511.43 and section 4511.46 of
the Revised
Code to conduct under this section:
(1) "Intersection" means:
(a) The area embraced within the prolongation or
connection
of the lateral curb lines, or, if none, then the
lateral boundary
lines of the roadways of two private roads or
driveways which join
one another at, or approximately at, right
angles, or the area
within which vehicles traveling upon
different private roads or
driveways joining at any other angle
may come in conflict.
(b) Where a private road or driveway includes two roadways
thirty feet or more apart, then every crossing of two roadways of
such private roads or driveways shall be regarded as a separate
intersection.
(2) "Roadway" means that portion of a private road or
driveway improved, designed, or ordinarily used for vehicular
travel, except the berm or shoulder. If a private road or
driveway includes two or more separate roadways, the term
"roadway" means any such roadway separately but not all such
roadways collectively.
(3) "Owner" and "private residential area containing
twenty
or more dwelling units" have the same meanings as in
section
4511.211 of the Revised Code.
Sec. 4511.44.
(A) The operator of a vehicle, streetcar, or
trackless trolley
about
to enter or cross a highway from any place
other than another roadway shall
yield the right of way to all
traffic approaching on the roadway to be entered
or crossed.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.441.
(A) The driver of a vehicle shall yield the
right-of-way to any pedestrian on a sidewalk.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.45. (A)(1) Upon the approach of a public safety
vehicle or coroner's vehicle, equipped with at least one flashing,
rotating or
oscillating light visible under normal atmospheric
conditions
from a distance of five hundred feet to the front of
the
vehicle
and the driver is giving an audible signal by siren,
exhaust
whistle, or bell, no driver of any other vehicle shall
fail to
yield the right-of-way, immediately drive
if practical to
a position
parallel
to, and as close as possible to, the right
edge or curb
of the
highway clear of any intersection, and stop
and remain in
that position until the public safety vehicle or
coroner's vehicle
has
passed, except when otherwise directed by a
police officer.
(2) Upon the approach of a public safety vehicle or
coroner's vehicle,
as stated in division (A)(1) of this section,
no operator of any
streetcar or trackless trolley shall fail to
immediately stop the
streetcar or trackless trolley clear of any
intersection and keep
it in that position until the public safety
vehicle or coroner's
vehicle has passed,
except when otherwise
directed by a police officer.
(B) This section does not relieve the driver of a public
safety vehicle or coroner's vehicle from the duty to drive with
due
regard for the safety of all persons and property upon the
highway.
(C) This section applies to a coroner's vehicle only when
the
vehicle is operated in accordance with section 4513.171 of the
Revised Code. As used in this section, "coroner's vehicle"
means
a vehicle used by a
coroner, deputy coroner, or coroner's
investigator that is equipped with a
flashing, oscillating, or
rotating red or blue light and a siren, exhaust
whistle, or bell
capable of giving an audible signal.
(D)
Except as otherwise provided in this division, whoever
violates division (A)(1) or (2) of this section is guilty of a
misdemeanor of the fourth degree on a first offense. On a second
offense
within one year after the first offense, the person is
guilty of a misdemeanor
of the third degree, and, on each
subsequent offense within one year after the
first offense, the
person is guilty of a misdemeanor of the second degree.
Sec. 4511.451.
(A) As used in this section "funeral
procession" means two or more vehicles accompanying a body of a
deceased person in the daytime when each of such vehicles has its
headlights lighted and is displaying a purple and white pennant
attached to each vehicle in such a manner as to be clearly
visible
to traffic approaching from any direction.
(B) Excepting public safety vehicles proceeding in
accordance
with section 4511.45 of the Revised Code or when
directed
otherwise by a police officer, pedestrians and the
operators of
all vehicles, street cars, and trackless trolleys
shall yield the
right of way to each vehicle which is a part of a
funeral
procession. Whenever the lead vehicle in a funeral
procession
lawfully enters an intersection the remainder of the
vehicles in
such procession may continue to follow such lead
vehicle through
the intersection notwithstanding any traffic
control devices or
right of way provisions of the Revised Code,
provided the
operator of each vehicle exercises due care to avoid
colliding
with any other vehicle or pedestrian upon the roadway.
No person shall operate any vehicle as a part of a funeral
procession without having the headlights of such vehicle lighted
and without displaying a purple and white pennant in such a
manner
as to be clearly visible to traffic approaching from any
direction.
(C) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.452. (A) Upon the immediate approach of a public
safety
vehicle, as stated in section 4511.45 of the Revised Code,
every pedestrian
shall yield the right-of-way to the public safety
vehicle.
(B) This section shall not relieve the driver of a public
safety vehicle
from the duty to exercise due care to avoid
colliding with any pedestrian.
(C) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.46. (A) When traffic control signals are not in
place, not in operation, or are not clearly assigning the
right-of-way, the driver of a vehicle, trackless trolley, or
streetcar shall yield the right of way, slowing down or stopping
if need be to so yield or if required by section 4511.132 of the
Revised Code, to a pedestrian crossing the roadway within a
crosswalk when the pedestrian is upon the half of the roadway
upon
which the vehicle is traveling, or when the pedestrian is
approaching so closely from the opposite half of the roadway as
to
be in danger.
(B) No pedestrian shall suddenly leave a curb or other
place
of safety and walk or run into the path of a vehicle,
trackless
trolley, or streetcar which is so close as to
constitute an
immediate hazard.
(C) Division (A) of this section does not apply under the
conditions stated in division (B) of section 4511.48 of the
Revised Code.
(D) Whenever any vehicle, trackless trolley, or streetcar
is
stopped at a marked crosswalk or at any unmarked crosswalk at
an
intersection to permit a pedestrian to cross the roadway, the
driver of any other vehicle, trackless trolley, or streetcar
approaching from the rear shall not overtake and pass the stopped
vehicle.
(E) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.47. (A) As used in this section "blind person" or
"blind
pedestrian" means a person having not more than 20/200
visual acuity in the
better eye with correcting lenses or visual
acuity greater than 20/200 but
with
a limitation in the fields of
vision such that the widest diameter of the
visual field subtends
an angle no greater than twenty degrees.
The driver of every vehicle shall yield the right of way to
every blind
pedestrian guided by a guide dog, or carrying a cane
which is predominantly
white or metallic in color, with or without
a red tip.
(B) No person, other than a blind person, while on any
public highway,
street, alley, or other public thoroughfare shall
carry a white or metallic
cane with or without a red tip.
(C) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.48. (A) Every pedestrian crossing a roadway at
any
point other
than within a marked crosswalk or within an
unmarked crosswalk at
an
intersection shall yield the right of way
to all vehicles,
trackless trolleys, or streetcars upon the
roadway.
(B) Any pedestrian crossing a roadway at a point where a
pedestrian tunnel
or overhead pedestrian crossing has been
provided shall yield the
right of way
to all traffic upon the
roadway.
(C) Between adjacent intersections at which traffic control
signals are in
operation, pedestrians shall not cross at any place
except in a
marked
crosswalk.
(D) No pedestrian shall cross a roadway intersection
diagonally
unless
authorized by official traffic control devices;
and, when
authorized to cross
diagonally, pedestrians shall cross
only in accordance with the
official
traffic control devices
pertaining to such crossing movements.
(E) This section does not relieve the operator of a vehicle,
streetcar, or
trackless trolley from exercising due care to avoid
colliding
with any pedestrian upon any roadway.
(F)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.481.
(A) A pedestrian who is under the influence
of
alcohol
or, any drug
of abuse, or any combination
thereof,
of
them to a degree
which
that renders
himself
the
pedestrian a
hazard shall not walk or be upon a highway.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.49.
(A) Pedestrians shall move, whenever
practicable,
upon the right half of crosswalks.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.50. (A) Where a sidewalk is provided and its use
is
practicable, it shall be unlawful for any pedestrian to walk
along and upon an
adjacent roadway.
(B) Where a sidewalk is not available, any pedestrian
walking along and
upon a highway shall walk only on a shoulder, as
far as practicable from the
edge of the roadway.
(C) Where neither a sidewalk nor a shoulder is available,
any pedestrian
walking along and upon a highway shall walk as near
as practicable to an
outside edge of the roadway, and, if on a
two-way roadway, shall walk only on
the left side of the roadway.
(D) Except as otherwise provided in sections 4511.13 and
4511.46 of the
Revised Code, any pedestrian upon a roadway shall
yield the right-of-way to
all vehicles, trackless trolleys, or
streetcars upon the roadway.
(E) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.51. (A) No person while on a roadway outside a
safety zone shall solicit a ride from the driver of any vehicle.
(B)(1) Except as provided in division (B)(2) of this
section, no person shall stand on a highway for the purpose of
soliciting employment, business, or contributions from the
occupant of any vehicle.
(2) The legislative authority of a municipal corporation,
by
ordinance, may authorize the issuance of a permit to a
charitable
organization to allow a person acting on behalf of the
organization to solicit charitable contributions from the
occupant
of a vehicle by standing on a highway, other than a
freeway as
provided in division (A)(1) of section 4511.051 of the
Revised
Code, that is under the jurisdiction of the municipal
corporation.
The permit shall be valid for only one period of
time, which shall
be specified in the permit, in any calendar
year. The legislative
authority also may specify the locations
where contributions may
be solicited and may impose any other
restrictions on or
requirements regarding the manner in which the
solicitations are
to be conducted that the legislative authority
considers
advisable.
(3) As used in division (B)(2) of this section,
"charitable
organization" means an organization that has received
from the
internal revenue service a currently valid ruling or
determination
letter recognizing the tax-exempt status of the
organization
pursuant to section 501(c)(3) of the "Internal
Revenue Code."
(C) No person shall hang onto or ride on the outside of
any
motor vehicle, streetcar, or trackless trolley while it is
moving
upon a roadway, except mechanics or test engineers making
repairs
or adjustments, or workers performing specialized highway
or
street maintenance or construction under authority of a public
agency.
(D) No operator shall knowingly permit any person to hang
onto, or ride on the outside of, any motor vehicle, streetcar, or
trackless trolley while it is moving upon a roadway, except
mechanics or test engineers making repairs or adjustments, or
workers performing specialized highway or street maintenance or
construction under authority of a public agency.
(E) No driver of a truck, trailer, or semitrailer shall
knowingly permit any person who has not attained the age of
sixteen years to ride in the unenclosed or unroofed cargo storage
area of
his
the driver's vehicle if the vehicle is traveling
faster than
twenty-five miles per hour, unless either of the
following
applies:
(1) The cargo storage area of the vehicle is equipped with
a
properly secured seat to which is attached a seat safety belt
that
is in compliance with federal standards for an occupant
restraining device as defined in division (A)(2) of section
4513.263 of the Revised Code, the seat and seat safety belt were
installed at the time the vehicle was originally assembled, and
the person riding in the cargo storage area is in the seat and is
wearing the seat safety belt;
(2) An emergency exists that threatens the life of the
driver or the person being transported in the cargo storage area
of the truck, trailer, or semitrailer.
(F) No driver of a truck, trailer, or semitrailer shall
permit any person, except for those workers performing
specialized
highway or street maintenance or construction under
authority of a
public agency, to ride in the cargo storage area
or on a tailgate
of
his
the driver's vehicle while the tailgate
is unlatched.
(G)(1) Except as otherwise provided in this division,
whoever
violates any provision of divisions (A) to (D) of this
section is guilty of a minor misdemeanor. If, within one year of
the offense,
the offender previously has been convicted of or
pleaded guilty to one
predicate motor vehicle or traffic offense,
whoever violates any provision of
divisions (A) to (D) of this
section is guilty of a
misdemeanor of the fourth degree. If,
within one year of the offense, the
offender previously has been
convicted of two or more predicate motor vehicle
or traffic
offenses, whoever violates any provision of divisions (A)
to (D)
of this section is guilty of a misdemeanor of the third
degree.
(2) Whoever violates division (E) or (F) of this section
is
guilty of a minor misdemeanor.
Sec. 4511.511. (A) No pedestrian shall enter or remain upon
any bridge
or
approach thereto beyond the bridge signal, gate, or
barrier after a bridge
operation signal indication has been given.
(B) No pedestrian shall pass through, around, over, or under
any crossing
gate or barrier at a railroad grade crossing or
bridge while the gate or
barrier is closed or is being opened or
closed.
(C) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.521. (A) No person shall operate a motorized
bicycle upon a highway or any public or private property used by
the public for purposes of vehicular travel or parking, unless
all
of the following conditions are met:
(1) The person is fourteen or fifteen years of age and
holds
a valid probationary motorized bicycle license issued after
the
person has passed the test provided for in this section, or
the
person is sixteen years of age or older and holds either a
valid
commercial driver's license issued under Chapter 4506. or a
driver's license issued under Chapter 4507. of the Revised Code
or
a valid motorized bicycle license issued after the person has
passed the test provided for in this section, except that if a
person is sixteen years of age, has a valid probationary
motorized
bicycle license and desires a motorized bicycle
license,
he
the
person is not required to comply with the
testing
requirements
provided for in this section;
(2) The motorized bicycle is equipped in accordance with
the
rules adopted under division (B) of this section and is in
proper
working order;
(3) The person, if
he is under eighteen years of age, is
wearing a protective helmet on
his
the person's head with the
chin
strap
properly fastened and the motorized bicycle is equipped with
a
rear-view mirror.
(4) The person operates the motorized bicycle when
practicable within three feet of the right edge of the roadway
obeying all traffic rules applicable to vehicles.
(B) The director of public safety, subject to sections
119.01 to 119.13 of the Revised Code, shall adopt and promulgate
rules concerning protective helmets, the equipment of motorized
bicycles, and the testing and qualifications of persons who do
not
hold a valid driver's or commercial driver's license. The
test
shall be as near as practicable to the examination required
for a
motorcycle operator's endorsement under section 4507.11 of
the
Revised Code. The test shall also require the operator to
give an
actual demonstration of
his
the operator's ability to
operate and
control a motorized bicycle by driving one under the supervision
of an examining officer.
(C) Every motorized bicycle license expires on the
birthday
of the applicant in the fourth year after the date it is
issued,
but in no event shall any motorized bicycle license be
issued for
a period longer than four years.
(D) No person operating a motorized bicycle shall carry
another person upon the motorized bicycle.
(E) The protective helmet and rear-view mirror required by
division (A)(3) of this section shall, on and after January 1,
1985, conform with rules adopted by the director under division
(B) of this section.
(F) Each probationary motorized bicycle license or
motorized
bicycle license shall be laminated with a transparent
plastic
material.
(G)
Whoever violates division (A), (D), or
(E) of this
section is guilty of a minor misdemeanor.
Sec. 4511.53.
(A) For purposes of this section,
"snowmobile"
has the same meaning as given that term in section
4519.01 of the
Revised Code.
(B) A person operating a bicycle or motorcycle shall not
ride
other than upon the permanent and regular seat attached
thereto,
nor carry any other person upon such bicycle or
motorcycle other
than upon a firmly attached and regular seat
thereon, nor shall
any person ride upon a bicycle or motorcycle
other than upon such
a firmly attached and regular seat.
A person shall ride upon a motorcycle only while sitting
astride the seat, facing forward, with one leg on each side of
the
motorcycle.
No person operating a bicycle shall carry any package,
bundle, or article that prevents the driver from keeping at least
one hand upon the handle bars.
No bicycle or motorcycle shall be used to carry more
persons
at one time than the number for which it is designed and
equipped,
nor shall any motorcycle be operated on a highway when
the handle
bars or grips are more than fifteen inches higher than
the seat or
saddle for the operator.
No person shall operate or be a passenger on a snowmobile
or
motorcycle without using safety glasses or other protective
eye
device. No person who is under the age of eighteen years, or
who
holds a motorcycle operator's endorsement or license bearing
a
"novice" designation that is currently in effect as provided in
section 4507.13 of the Revised Code, shall operate a motorcycle
on
a highway, or be a passenger on a motorcycle, unless wearing a
protective helmet on
his
the person's head, and no other person
shall be a
passenger on a motorcycle operated by such a person
unless
similarly wearing a protective helmet. The helmet, safety
glasses, or other protective eye device shall conform with
regulations prescribed and promulgated by the director of public
safety. The provisions of this paragraph or a violation thereof
shall not be used in the trial of any civil action.
(C) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.54.
(A) No person riding upon any bicycle,
coaster,
roller skates,
sled,
or toy vehicle shall attach the same
or
himself
self to any
streetcar, trackless
trolley, or vehicle
upon a roadway.
No operator shall knowingly permit any person riding upon any
bicycle,
coaster,
roller skates, sled, or toy vehicle to attach
the same or
himself
self to any
streetcar, trackless trolley, or
vehicle while it is moving upon a roadway.
This section does not apply to the towing of a disabled
vehicle.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.55. (A) Every person operating a bicycle upon a
roadway shall
ride as near to the right side of the roadway as
practicable
obeying all
traffic rules applicable to vehicles and
exercising due care when
passing a
standing vehicle or one
proceeding in the same direction.
(B) Persons riding bicycles or motorcycles upon a roadway
shall
ride
not more than two abreast in a single lane, except on
paths or
parts of
roadways set aside for the exclusive use of
bicycles or
motorcycles.
(C) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.56. (A) Every bicycle when in use at the times
specified in section 4513.03 of the Revised Code, shall be
equipped with the following:
(1) A lamp on the front that shall emit a white light
visible from a distance of at least five hundred feet to the
front;
(2) A red reflector on the rear of a type approved by the
director of public safety that shall be visible from all
distances
from one hundred feet to six hundred feet to the rear
when
directly in front of lawful lower beams of head lamps on a
motor
vehicle;
(3) A lamp emitting a red light visible from a distance of
five hundred feet to the rear shall be used in addition to the
red
reflector;
(4) An essentially colorless reflector on the front of a
type approved by the director;
(5) Either with tires with retroreflective sidewalls or
with
an essentially colorless or amber reflector mounted on the
spokes
of the front wheel and an essentially colorless or red
reflector
mounted on the spokes of the rear wheel. Each
reflector shall be
visible on each side of the wheel from a
distance of six hundred
feet when directly in front of lawful
lower beams of head lamps on
a motor vehicle. Retroreflective
tires or reflectors shall be of
a type approved by the director.
(B) No person shall operate a bicycle unless it is
equipped
with a bell or other device capable of giving a signal
audible for
a distance of at least one hundred feet, except that
a bicycle
shall not be equipped with nor shall any person use
upon a bicycle
any siren or whistle.
(C) Every bicycle shall be equipped with an adequate brake
when used on a street or highway.
(D) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.57.
(A) The driver of a vehicle shall not
overtake and
pass upon the
left nor drive upon the left side of
any streetcar proceeding in the same
direction, whether such
streetcar is in motion or at rest, except:
(A)(1) When so directed by a police officer or traffic
control device;
(B)(2) When upon a one-way street;
(C)(3) When upon a street where the tracks are so located as
to prevent
compliance with this section;
(D)(4) When authorized by local authorities.
(B) The driver of any vehicle when permitted to overtake and
pass
upon the left of
a streetcar which has stopped for the
purpose of receiving or discharging any
passenger shall accord
pedestrians the right of way.
(C) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.58.
(A) The driver of a vehicle overtaking upon
the right
any streetcar
stopped for the purpose of receiving or
discharging any passenger shall stop
such vehicle at least five
feet to the rear of the nearest running board or
door of such
streetcar and remain standing until all passengers have boarded
such streetcar, or upon alighting therefrom have reached a place
of safety,
except that where a safety zone has been established, a
vehicle need not be
brought to a stop before passing any such
streetcar or any trackless trolley,
but may proceed past such
streetcar or trackless trolley at a speed not
greater
than is
reasonable and proper considering the safety of pedestrians.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.59.
(A) The driver of any vehicle proceeding upon
any
streetcar tracks
in front of a streetcar shall remove such
vehicle from the track
as soon as
practicable after signal from
the operator of said streetcar.
The driver of a vehicle upon overtaking and passing a
streetcar
shall not turn
in front of such streetcar unless such
movement can be made in
safety.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.60.
(A) No vehicle shall at any time be driven
through or
within a safety zone.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.61.
(A) The department of transportation and
local
authorities in their
respective jurisdictions, with the
approval of the department, may designate
dangerous highway
crossings over railroad tracks whether on state, county, or
township highways or on streets or ways within municipal
corporations, and
erect stop signs thereat. When such stop signs
are erected, the operator of
any vehicle, streetcar, or trackless
trolley shall stop within fifty, but not
less than fifteen, feet
from the nearest rail of the railroad tracks and shall
exercise
due care before proceeding across such grade crossing.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.62. (A)(1) Whenever any person driving a vehicle
or
trackless trolley approaches a railroad grade crossing, the
person shall
stop within
fifty feet, but not less than
fifteen
feet from the nearest rail of the railroad if
any of the following
circumstances exist at the crossing:
(a) A clearly visible electric or mechanical signal device
gives warning of the immediate approach of a train.
(b) A crossing gate is lowered.
(c) A flagperson gives or
continues to give a signal of the
approach or
passage of a train.
(d) There is insufficient space on the other side of
the
railroad grade crossing to accommodate the
vehicle or trackless
trolley the person is operating without
obstructing the passage of
other vehicles, trackless trolleys, pedestrians, or
railroad
trains, notwithstanding any traffic control signal indication to
proceed.
(e) An approaching train is emitting an audible signal
or is
plainly visible and is in hazardous
proximity to the crossing.
(2) A person who is driving a vehicle or trackless trolley
and who
approaches a railroad grade crossing shall not proceed as
long as any of the
circumstances
described
in divisions (A)(1)(a)
to (e) of this
section exist at the crossing.
(B) No person shall drive any vehicle through, around, or
under
any crossing gate or barrier at a railroad crossing while
the gate or barrier
is closed or is being opened or closed unless
the person is signaled by a
law enforcement officer or flagperson
that it is permissible to do so.
(C)
Whoever violates this section is guilty of a misdemeanor
of
the fourth degree.
Sec. 4511.63. (A) The operator of any motor vehicle or
trackless trolley, carrying passengers, for hire, of any school
bus, or of any vehicle carrying explosives or flammable liquids
as
a cargo or as such part of a cargo as to constitute a hazard,
before crossing at grade any track of a railroad, shall stop the
vehicle or trackless trolley and, while so stopped, shall listen
through an open door or open window and look in both directions
along the track for any approaching train, and for signals
indicating the approach of a train, and shall proceed only upon
exercising due care after stopping, looking, and listening as
required by this section. Upon proceeding, the operator of such
a
vehicle shall cross only in a gear that will ensure there will
be
no necessity for changing gears while traversing the crossing
and
shall not shift gears while crossing the tracks.
(B) This section does not apply at any of the following:
(1) Street railway grade crossings within a municipal
corporation, or to abandoned tracks, spur tracks, side tracks,
and
industrial tracks when the public utilities commission has
authorized and approved the crossing of the tracks without making
the stop required by this section;
(2) Through June 30, 1995, a street railway grade crossing
where out-of-service signs are posted in accordance with section
4955.37 of the Revised Code.
(C)
Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender
previously has been convicted of or pleaded guilty to one
or more violations
of this section or section 4511.76, 4511.761,
4511.762, 4511.764, 4511.77, or
4511.79 of the Revised Code or a
municipal ordinance that is substantially similar to any of
those
sections, whoever violates this section is guilty of a misdemeanor
of
the fourth degree.
Sec. 4511.64.
(A) No person shall operate or move any
crawler-type
tractor, steam
shovel, derrick, roller, or any
equipment or structure having a normal
operating speed of six or
less miles per hour or a vertical body or load
clearance of less
than nine inches above the level surface of a roadway, upon
or
across any tracks at a railroad grade crossing without first
complying with
divisions (A)(1) and
(B)(2) of this section.
(A)(1) Before making any such crossing, the person operating
or moving any
such vehicle or equipment shall first stop the same,
and while stopped
he
the person shall
listen and look in both
directions along such track for any approaching train
and for
signals indicating the approach of a train, and shall proceed only
upon
exercising due care.
(B)(2) No such crossing shall be made when warning is given
by automatic
signal or crossing gates or a
flagman
flagperson or
otherwise of
the immediate approach
of a railroad train or car.
(B) If the normal sustained speed of such vehicle,
equipment, or
structure is not
more than three miles per hour, the
person owning, operating, or moving the
same shall also give
notice of such intended crossing to a station agent or
superintendent of the railroad, and a reasonable time shall be
given to such
railroad to provide proper protection for such
crossing. Where such vehicles
or equipment are being used in
constructing or repairing a section of highway
lying on both sides
of a railroad grade crossing, and in such construction or
repair
it is necessary to repeatedly move such vehicles or equipment over
such
crossing, one daily notice specifying when such work will
start and stating
the
hours during which it will be prosecuted is
sufficient.
(C) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.66.
(A) Upon any highway outside a business or
residence
district, no person shall
stop, park, or leave standing
any vehicle, whether attended or
unattended,
upon the paved or
main traveled part of the highway if it is
practicable to
stop,
park, or so leave such vehicle off the paved or main
traveled part
of
said highway. In every event a clear and unobstructed portion
of
the highway
opposite such standing vehicle shall be left for
the free passage
of other
vehicles, and a clear view of such
stopped vehicle shall be
available from a
distance of two hundred
feet in each direction upon such highway.
This section does not apply to the driver of any vehicle
which is disabled
while on the paved or improved
or main traveled
portion of a highway in such manner and to such extent that
it is
impossible to avoid stopping and temporarily leaving the disabled
vehicle in such position.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.661.
(A) No person driving or in charge of a
motor
vehicle shall permit
it to stand unattended without first
stopping the engine, locking the
ignition,
removing the key from
the ignition, effectively setting the parking brake,
and,
when the
motor vehicle is standing upon any grade, turning the front wheels
to
the curb or side of the highway.
The requirements of this section relating to the stopping of
the engine,
locking of the ignition, and removing the key from the
ignition of a motor
vehicle shall not apply to an emergency
vehicle or a public safety vehicle.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.68.
(A) No person shall stand or park a trackless
trolley or vehicle, except when necessary to avoid conflict with
other traffic or to comply with sections 4511.01 to 4511.78,
inclusive, 4511.99, and 4513.01 to 4513.37, inclusive, of the
Revised Code, or while obeying the directions of a police officer
or a traffic control device, in any of the following places:
(A)(1) On a sidewalk, except a bicycle;
(B)(2) In front of a public or private driveway;
(C)(3) Within an intersection;
(D)(4) Within ten feet of a fire hydrant;
(F)(6) Within twenty feet of a crosswalk at an intersection;
(G)(7) Within thirty feet of, and upon the approach to, any
flashing beacon, stop sign, or traffic control device;
(H)(8) Between a safety zone and the adjacent curb or within
thirty feet of points on the curb immediately opposite the ends
of
a safety zone, unless a different length is indicated by a
traffic
control device;
(I)(9) Within fifty feet of the nearest rail of a railroad
crossing;
(J)(10) Within twenty feet of a driveway entrance to any
fire
station and, on the side of the street opposite the entrance
to
any fire station, within seventy-five feet of the entrance when
it is properly posted with signs;
(K)(11) Alongside or opposite any street excavation or
obstruction when such standing or parking would obstruct traffic;
(L)(12) Alongside any vehicle stopped or parked at the edge
or
curb of a street;
(M)(13) Upon any bridge or elevated structure upon a
highway,
or within a highway tunnel;
(N)(14) At any place where signs prohibit stopping;
(O)(15) Within one foot of another parked vehicle;
(P)(16) On the roadway portion of a freeway, expressway, or
thruway.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.681.
(A) If an owner of private property posts on
the
property, in a
conspicuous manner, a prohibition against
parking on the property
or
conditions and regulations under which
parking is permitted, no
person shall
do
either of the following:
(A)(1) Park a vehicle on the property without the owner's
consent;
(B)(2) Park a vehicle on the property in violation of any
condition or
regulation posted by the owner.
(B)
Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4511.69. (A) Every vehicle stopped or parked upon a
roadway where there is an adjacent curb shall be stopped or
parked
with the right-hand wheels of the vehicle parallel with
and not
more than twelve inches from the right-hand curb, unless
it is
impossible to approach so close to the curb; in such case
the stop
shall be made as close to the curb as possible and only
for the
time necessary to discharge and receive passengers or to
load or
unload merchandise. Local authorities by ordinance
may permit
angle parking on any roadway under their jurisdiction,
except that
angle parking shall not be permitted on a state route
within a
municipal corporation unless an unoccupied roadway width
of not
less than twenty-five feet is available for free-moving
traffic.
(B) Local authorities by ordinance may permit parking of
vehicles with the left-hand wheels adjacent to and within twelve
inches of the left-hand curb of a one-way roadway.
(C) No vehicle or trackless trolley shall be stopped or
parked on a road or highway with the vehicle or trackless trolley
facing in a direction other than the direction of travel on that
side of the road or highway.
(D) Notwithstanding any statute or any rule, resolution,
or
ordinance adopted by any local authority, air compressors,
tractors, trucks, and other equipment, while being used in the
construction, reconstruction, installation, repair, or removal of
facilities near, on, over, or under a street or highway, may
stop,
stand, or park where necessary in order to perform such
work,
provided a flagperson is on duty or warning signs
or
lights are
displayed as may be prescribed by the director of transportation.
(E) Special parking locations and privileges for persons
with disabilities that limit or impair the ability to walk, also
known as handicapped parking spaces or disability parking spaces,
shall be provided and designated by all political subdivisions
and
by the state and all agencies and instrumentalities thereof
at all
offices and facilities, where parking is provided, whether
owned,
rented, or leased, and at all publicly owned parking
garages. The
locations shall be designated through the posting
of an elevated
sign, whether permanently affixed or movable,
imprinted with the
international symbol of access and shall be
reasonably close to
exits, entrances, elevators, and ramps. All
elevated signs posted
in accordance with this division and
division (C) of section
3781.111 of the Revised
Code shall be
mounted on a fixed or
movable post, and the distance from the
ground to the top edge of
the sign shall measure five feet. If a new sign or
a replacement
sign designating a special parking location
is posted on or after
the effective date of this amendment
October
14, 1999, there also
shall
be affixed upon the surface of that sign or affixed next to
the designating
sign a notice that states the fine
applicable for
the offense of parking a motor vehicle in the
special designated
parking location if the motor vehicle is not
legally entitled to
be parked in that location.
(F)(1) No person shall stop, stand, or park any motor
vehicle
at special parking locations provided under division (E)
of this
section or at special clearly marked parking locations
provided
in or on privately owned parking lots, parking garages,
or other
parking areas and designated in accordance with that
division,
unless one of the following applies:
(a) The motor vehicle is being operated by or for the
transport of a person with a disability that limits or impairs
the
ability to walk and is displaying a valid removable
windshield
placard or special license plates;
(b) The motor vehicle is being operated by or for the
transport of a handicapped person and is displaying a parking
card
or special handicapped license plates.
(2) Any motor vehicle that is parked in a special marked
parking
location in
violation of division (F)(1)(a) or (b)
of this
section may be towed or otherwise
removed from the parking
location by the law enforcement agency of the
political
subdivision in which the parking location is located. A motor
vehicle that is so towed or removed shall not be released to its
owner until
the owner presents proof of ownership of the motor
vehicle and pays all towing
and storage fees normally imposed by
that political subdivision for towing
and storing motor vehicles.
If the motor vehicle is a leased vehicle, it
shall not be released
to the lessee until the lessee presents proof that that
person is
the lessee of the motor vehicle and pays all towing and storage
fees
normally imposed by that political subdivision for towing and
storing motor
vehicles.
(3) If a person is charged with a violation of division
(F)(1)(a)
or (b) of this section, it is an affirmative defense to
the
charge that the person suffered an injury not more than
seventy-two hours
prior
to the time the person was issued the
ticket or citation and that, because of
the injury, the person
meets at least one of the criteria
contained in division (A)(1) of
section 4503.44 of the
Revised
Code.
(G) When a motor vehicle is being operated by or for the
transport of a person with a disability that limits or impairs
the
ability to walk and is displaying a removable windshield
placard
or a temporary removable windshield placard or special
license
plates, or when a motor vehicle is being operated by or
for the
transport of a handicapped person and is displaying a
parking card
or special handicapped license plates, the motor
vehicle is
permitted to park for a period of two hours
in
excess of the legal
parking period permitted by local
authorities, except where local
ordinances or police rules
provide otherwise or where the vehicle
is parked in such a manner
as to be clearly a traffic hazard.
(H) No owner of an office, facility, or parking garage
where
special parking locations are required to be
designated in
accordance
with division (E) of this section shall fail to
properly mark the
special parking locations in accordance with
that
division or fail to
maintain the markings of the special
locations, including the
erection and maintenance of the fixed or
movable signs.
(I) Nothing in this section shall be construed to
require a
person or organization to apply for a removable windshield
placard
or special license plates if the parking card or special
license
plates issued to the person or organization under prior
law have
not expired or been surrendered or revoked.
(J)(1) Whoever violates division (A) or (C)
of this section
is guilty of a minor misdemeanor.
(2)(a) Whoever violates division (F)(1)(a)
or
(b) of this
section is
guilty of a misdemeanor and
shall be punished as
provided
in division (J)(2)(a) and (b) of this
section. Except as
otherwise provided in division (J)(2)(a) of this
section, an
offender who violates division (F)(1)(a) or
(b) of this section
shall be fined not less than two hundred fifty nor
more than five
hundred dollars. An
offender who
violates division (F)(1)(a) or
(b) of
this section shall be fined
not more than one hundred
dollars if the offender, prior to sentencing,
proves either of the
following to the satisfaction of the court:
(i) At the time of the violation of division
(F)(1)(a) of
this
section, the offender or the person for whose transport the
motor
vehicle was being operated had been issued a removable
windshield
placard that then was valid or special license plates
that then
were valid but the offender or the person neglected to
display the
placard or license plates as described in division
(F)(1)(a) of
this section.
(ii) At the time of the violation of division
(F)(1)(b) of
this
section, the offender or the person for whose transport the
motor
vehicle was being operated had been issued a parking card
that
then was valid or special handicapped license plates that
then
were valid but the offender or the person neglected to
display the
card or license plates as described in division
(F)(1)(b) of this
section.
(b) In no case shall an offender who violates division
(F)(1)(a) or (b) of this section be
sentenced
to any term
of
imprisonment.
An arrest or conviction for a violation of division
(F)(1)(a)
or (b) of this section does not
constitute a criminal record and
need not be reported
by the person so arrested or convicted in
response to any inquiries contained
in any application for
employment, license, or other right or privilege, or made in
connection with the person's appearance as a witness.
The clerk of the court shall pay every fine collected under
division
(J)(2) of this section to the political subdivision in
which the
violation
occurred. Except as provided in division
(J)(2) of this section, the
political
subdivision shall use the
fine moneys it receives under
division (J)(2) of this section to
pay the expenses it incurs in
complying with the signage and
notice requirements contained in division (E) of
this section.
The
political subdivision may use up to fifty per cent of each
fine it
receives
under division (J)(2) of this section to pay the
costs of
educational, advocacy, support, and
assistive technology
programs
for persons with disabilities, and for public
improvements within
the political subdivision that benefit or
assist persons with
disabilities, if governmental agencies or
nonprofit organizations
offer the programs.
(3) Whoever violates division (H) of this section shall be
punished as follows:
(a) Except as otherwise provided in division (J)(3) of
this
section, the offender shall be issued a warning.
(b) If the offender previously has been convicted of or
pleaded
guilty to a violation of division (H) of this section or
of a
municipal ordinance that is substantially similar to that
division, the
offender shall not be issued a warning but shall be
fined twenty-five dollars
for each parking location that is not
properly marked or whose markings are
not properly maintained.
(K) As used in this section:
(1) "Handicapped person" means any person who has lost the
use of one or both legs or one or both arms, who is blind, deaf,
or so severely handicapped as to be unable to move without the
aid
of crutches or a wheelchair, or whose mobility is restricted
by a
permanent cardiovascular, pulmonary, or other handicapping
condition.
(2) "Person with a disability that limits or impairs the
ability to walk" has the same meaning as in section 4503.44 of
the
Revised Code.
(3) "Special license plates" and "removable windshield
placard" mean any license plates or removable windshield placard
or temporary removable windshield placard issued under section
4503.41 or 4503.44 of the Revised Code, and also mean any
substantially similar license plates or removable windshield
placard or temporary removable windshield placard issued by a
state, district, country, or sovereignty.
Sec. 4511.70. (A) No person shall drive a vehicle or
trackless
trolley
when it is so loaded, or when there are in the
front seat such
number of
persons, as to obstruct the view of the
driver to the front or
sides of the
vehicle or to interfere with
the driver's control over the
driving mechanism
of
the vehicle.
(B) No passenger in a vehicle or trackless trolley shall
ride in
such
position as to interfere with the driver's view ahead
or to the sides, or to
interfere with
his
the driver's control
over the driving
mechanism of the vehicle.
(C) No person shall open the door of a vehicle on the side
available to
moving traffic unless and until it is reasonably safe
to do so, and can be
done
without interfering with the movement of
other traffic, nor shall any person
leave a door open on the side
of a vehicle available to moving traffic for a
period of time
longer than necessary to load or unload passengers.
(D) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.701.
(A) No person shall occupy any travel
trailer or
manufactured or mobile home while it is being used as a
conveyance upon a
street or highway.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.71.
(A) No person shall drive upon, along, or
across a
street or
highway, or any part
thereof, which
of a street
or highway that
has been closed in the
process of its
construction, reconstruction, or repair, and posted with
appropriate signs by
the authority having jurisdiction to close
such highway.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.711.
(A) No person shall drive any vehicle, other
than a
bicycle, upon
a
sidewalk or sidewalk area except upon a
permanent or duly authorized temporary
driveway.
Nothing in this section shall be construed as prohibiting
local authorities
from regulating the operation of bicycles within
their respective
jurisdictions.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.712.
(A) No driver shall enter an intersection or
marked
crosswalk or
drive onto any railroad grade crossing unless
there is sufficient space on the
other side of the intersection,
crosswalk, or grade crossing to accommodate
the
vehicle,
streetcar, or trackless trolley
he
the driver is
operating without
obstructing
the passage of other vehicles, streetcars, trackless
trolleys, pedestrians, or
railroad trains, notwithstanding any
traffic control signal indication to
proceed.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.713.
(A) No person shall operate a motor vehicle,
snowmobile, or
all-purpose vehicle upon any path set aside for the
exclusive use
of bicycles,
when an appropriate sign giving notice
of such use is posted on
the path.
Nothing in this section shall be construed to affect any rule
of
the director
of natural resources governing the operation of
motor vehicles,
snowmobiles,
all-purpose vehicles, and bicycles on
lands under
his
the
director's jurisdiction.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.72.
(A) The driver of any vehicle, other than an
emergency
vehicle or
public safety vehicle on official business,
shall not follow any
emergency
vehicle or public safety vehicle
traveling in response to an
alarm closer than
five hundred feet,
or drive into or park such vehicle within the
block where
fire
apparatus has stopped in answer to a fire alarm, unless
directed
to do so
by a police officer or a
fireman
firefighter.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.73.
(A) No streetcar, trackless trolley, or
vehicle
shall, without the
consent of the fire department official
in command, be driven over any
unprotected hose of a fire
department, when said hose
that is
laid down on any
street,
private driveway, or streetcar track to be used at any fire or
alarm
of fire.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.74. (A) No person shall place or knowingly drop
upon any part of a highway, lane, road, street, or alley any
tacks, bottles, wire, glass, nails, or other articles which may
damage or injure any person, vehicle, streetcar, trackless
trolley, or animal traveling along or upon such highway, except
such substances that may be placed upon the roadway by proper
authority for the repair or construction thereof.
Any person who drops or permits to be dropped or thrown
upon
any highway any destructive or injurious material shall
immediately remove the same.
Any person authorized to remove a wrecked or damaged
vehicle,
streetcar, or trackless trolley from a highway shall
remove any
glass or other injurious substance dropped upon the
highway from
such vehicle, streetcar, or trackless trolley.
No person shall place any obstruction in or upon a highway
without proper authority.
(B) No person, with intent to cause physical harm to a
person or a vehicle, shall place or knowingly drop upon any part
of a highway, lane, road, street, or alley any tacks, bottles,
wire, glass, nails, or other articles which may damage or injure
any person, vehicle, streetcar, trackless trolley, or animal
traveling along or upon such highway, except such substances that
may be placed upon the roadway by proper authority for the repair
or construction thereof.
(C)(1) Except as otherwise provided in this division,
whoever
violates division (A) of this section is guilty of a
minor
misdemeanor. If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to one
predicate motor
vehicle or traffic offense, whoever violates
division (A) of this
section is guilty of a misdemeanor of the
fourth degree. If, within one year
of the offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates division
(A) of this
section is guilty of a misdemeanor of the third degree.
(2) Whoever violates division (B) of this section is guilty
of a
misdemeanor of the first degree.
Sec. 4511.75. (A) The driver of a vehicle, streetcar, or
trackless trolley upon meeting or overtaking from either
direction
any school bus stopped for the purpose of receiving or
discharging
any school child, person attending programs
offered
by community
boards of mental health and county boards of mental
retardation
and developmental disabilities, or child attending a
program
offered by a head
start agency,
shall stop at least
ten feet from
the front or rear of the school bus and shall not
proceed until
such school bus resumes motion, or until signaled
by the school
bus driver to proceed.
It is no defense to a charge under this division that the
school bus involved failed to display or be equipped with an
automatically extended stop warning sign as required by division
(B) of this section.
(B) Every school bus shall be equipped with amber and red
visual signals meeting the requirements of section 4511.771 of
the
Revised Code, and an automatically extended stop warning sign
of a
type approved by the state board of education, which shall
be
actuated by the driver of the bus whenever but only whenever
the
bus is stopped or stopping on the roadway for the purpose of
receiving or discharging school children, persons attending
programs offered by community boards of mental health and county
boards of mental retardation and developmental disabilities, or
children attending programs offered by head start agencies. A
school bus driver shall not actuate the visual signals or the
stop
warning sign in designated school bus loading areas where
the bus
is entirely off the roadway or at school buildings when
children
or persons attending programs offered by community
boards of
mental health and county boards of mental retardation
and
developmental disabilities are loading or unloading at
curbside or
at buildings when children attending programs offered by head
start agencies are loading or unloading at curbside. The visual
signals
and stop warning sign shall be
synchronized or otherwise
operated as required by rule of the
board.
(C) Where a highway has been divided into four or more
traffic lanes, a driver of a vehicle, streetcar, or trackless
trolley need not stop for a school bus approaching from the
opposite direction which has stopped for the purpose of receiving
or discharging any school child, persons attending programs
offered by community boards of mental health and county boards of
mental retardation and developmental disabilities, or children
attending programs offered by head start agencies. The driver of
any vehicle, streetcar, or trackless trolley overtaking the
school
bus shall comply with division (A) of this section.
(D) School buses operating on divided highways or on
highways with four or more traffic lanes shall receive and
discharge all school children, persons attending programs
offered
by community boards of mental health and county boards of
mental
retardation and developmental disabilities, and children
attending
programs offered by head start agencies on their
residence side of
the highway.
(E) No school bus driver shall start the driver's bus until
after
any child, person attending programs offered by community
boards of mental health and county boards of mental retardation
and developmental disabilities, or child attending a program
offered
by a head start agency who may have alighted therefrom
has
reached a place of safety on the child's or person's
residence
side of the road.
(F)(1)
Whoever violates division (A) of this section may
be
fined an amount not to exceed five hundred dollars. A person who
is issued
a citation for a violation of division (A) of this
section is not
permitted to enter a written plea of guilty and
waive the person's right to
contest the citation in a trial but
instead must appear in person in the
proper court to answer the
charge.
(2) In addition to and independent of any other penalty
provided by law,
the court or mayor may impose upon an offender
who violates this section a
class seven suspension of the
offender's driver's license, commercial driver's
license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(7) of
section 4510.02 of the Revised Code. When a license is suspended
under this section, the
court or mayor shall cause the offender to
deliver the license to the court,
and the court or clerk of the
court immediately shall forward the license
to the registrar of
motor vehicles, together with notice of the court's
action.
(G) As used in this section:
(1) "Head start agency" has the same meaning as in division
(A)(1) of section 3301.31 of the Revised Code.
(2) "School bus," as used in relation to children who
attend
a program offered by a head start agency, means a bus that is
owned and
operated by a head start agency, is equipped with an
automatically extended
stop warning sign of a type approved by the
state board of education, is
painted the color and displays the
markings described in section 4511.77 of
the
Revised Code,
and is
equipped with amber and red visual signals meeting the
requirements of
section 4511.771 of the Revised
Code, irrespective
of whether or not the bus
has fifteen or more children aboard at
any time. "School bus" does not
include a van owned and operated
by a head start agency, irrespective of its
color, lights, or
markings.
Sec. 4511.751. As used in this section, "license plate"
includes, but is not limited to, any temporary license placard
issued under section 4503.182 of the Revised Code or similar law
of another jurisdiction.
When the operator of a school bus believes that a motorist
has violated division (A) of section 4511.75 of the Revised Code,
the operator shall report the license plate number and a general
description of the vehicle and of the operator of the vehicle to
the law enforcement agency exercising jurisdiction over the area
where the alleged violation occurred. The information contained
in the report relating to the license plate number and to the
general description of the vehicle and the operator of the
vehicle
at the time of the alleged violation may be supplied by
any person
with first-hand knowledge of the information.
Information of which
the operator of the school bus has
first-hand knowledge also may
be corroborated by any other
person.
Upon receipt of the report of the alleged violation of
division (A) of section 4511.75 of the Revised Code, the law
enforcement agency shall conduct an investigation to attempt to
determine or confirm the identity of the operator of the vehicle
at the time of the alleged violation. If the identity of the
operator at the time of the alleged violation is established, the
reporting of the license plate number of the vehicle shall
establish probable cause for the law enforcement agency to issue
a
citation for the violation of division (A) of section 4511.75
of
the Revised Code. However, if the identity of the operator of
the
vehicle at the time of the alleged violation cannot be
established, the law enforcement agency shall issue a warning to
the owner of the vehicle at the time of the alleged violation,
except in the case of a leased or rented vehicle when the warning
shall be issued to the lessee at the time of the alleged
violation.
The registrar of motor vehicles and deputy registrars
shall,
at the time of issuing license plates to any person,
include with
the license plate a summary of the requirements of
division (A) of
section 4511.75 of the Revised Code, the
procedures of section
4507.165 of the Revised Code, and the
procedures of, and penalty
in, division
(G)(F)
of section
4511.99
4511.75 of the Revised
Code.
Sec. 4511.76. (A) The department of public
safety, by and
with
the advice of the superintendent of
public instruction, shall
adopt and enforce rules relating to the
construction,
design, and
equipment, including lighting equipment required by
section
4511.771 of the Revised Code, of all school
buses both publicly
and privately
owned and operated in
this state.
(B) The department of education, by and with the
advice of
the director of public safety, shall adopt and
enforce rules
relating to the
operation of
all
vehicles used for pupil
transportation.
(C) No person shall operate a
vehicle used for
pupil
transportation within this
state
in violation of the rules
of the
department of
education or the department of public safety.
No
person, being the owner
thereof or having the
supervisory
responsibility therefor, shall permit the operation
of a
vehicle
used for pupil transportation within this state in
violation of
the
rules of the department of education or the
department of
public safety.
(D) The department of public safety shall adopt and
enforce
rules relating to the
issuance of a license under section 4511.763
of the Revised Code. The
rules may relate to the moral character
of the
applicant; the condition of
the equipment to be operated;
the liability and property damage
insurance carried by the
applicant; the posting of satisfactory
and sufficient bond; and
such other rules as the
director of public safety determines
reasonably necessary
for the
safety of the pupils to be
transported.
(E) As used in this section, "vehicle used for pupil
transportation" means any vehicle that is identified as such by
the department of education by rule and that is subject to Chapter
3301-83 of the Administrative Code.
(F)
Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender
previously has been convicted of or pleaded guilty to one
or more violations
of this section or section 4511.63, 4511.761,
4511.762, 4511.764, 4511.77, or
4511.79 of the Revised Code or a
municipal ordinance that is substantially similar to any of
those
sections, whoever violates this section is guilty of a misdemeanor
of
the fourth degree.
Sec. 4511.761.
(A) The state highway patrol shall inspect
every school bus to ascertain whether its construction, design,
and equipment comply with the regulations adopted pursuant to
section 4511.76 of the Revised Code and all other provisions of
law.
The superintendent of the state highway patrol shall adopt
a
distinctive inspection decal not less than twelve inches in
size,
and bearing the date of the inspection, which shall be
affixed to
the outside surface of each side of each school bus
which upon
such inspection is found to comply with the
regulations adopted
pursuant to section 4511.76 of the Revised
Code. The appearance
of said decal shall be changed from year to
year as to shape and
color in order to provide easy visual
inspection.
No person shall operate, nor shall any person being the
owner
thereof or having supervisory responsibility therefor
permit the
operation of, a school bus within this state unless
there are
displayed thereon the decals issued by the state highway
patrol
bearing the proper date of inspection
for the calendar year for
which the inspection decals were issued.
(B) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender
previously has been convicted of or
pleaded guilty to one
or more violations of this section or
section 4511.63, 4511.76,
4511.762, 4511.764, 4511.77, or 4511.79
of the Revised Code or a
municipal ordinance that is
substantially
similar to any of those
sections, whoever violates this section is guilty
of a misdemeanor
of the fourth degree.
(C) Whenever a person is found guilty in a court of record
of a
violation of this section, the trial judge, in addition to or
independent of
all other penalties provided by law, may suspend
for any period of time not exceeding three years, or cancel the
license of any person, partnership, association, or corporation,
issued under section 4511.763 of the Revised Code.
Sec. 4511.762. (A) Except as provided in division
(B) of
this section, no person who is the owner of a bus that
previously
was registered as a school bus that is used or is
to be used
exclusively for purposes other than the transportation of
children,
shall operate the bus or permit it to be operated within
this state unless
the bus has been painted a color different from
that
prescribed for school buses by section 4511.77 of the
Revised
Code and painted in such a way that the words
"stop" and "school
bus" are obliterated.
(B) Any church bus that previously was registered as a
school bus
and is registered under section 4503.07 of the Revised
Code
may retain the paint color prescribed for school buses by
section 4511.77 of
the Revised Code if the bus complies with all
of the
following:
(1) The words "school bus" required by section 4511.77 of
the Revised Code
are covered or obliterated and the bus is marked
on the front and rear with
the words "church bus" painted in black
lettering not less than ten inches in
height;
(2) The automatically extended stop warning sign required by
section
4511.75 of the Revised
Code is removed and the word "stop"
required
by section 4511.77 of the Revised Code is covered or
obliterated;
(3) The flashing red and amber lights required by section
4511.771 of
the Revised Code are covered or removed;
(4) The inspection decal required by section 4511.761 of the
Revised Code is covered or removed;
(5) The identification number assigned under section
4511.764 of the
Revised Code and marked in black lettering on the
front and rear of the bus is
covered or obliterated.
(C) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender
previously has been convicted of or
pleaded guilty to one
or more violations of this section or
section 4511.63, 4511.76,
4511.761, 4511.764, 4511.77, or 4511.79
of the Revised Code or a
municipal ordinance that is
substantially
similar to any of those
sections, whoever violates this section is guilty
of a misdemeanor
of the fourth degree.
(D) Whenever a person is found guilty in a court of record
of a
violation of this section, the trial judge, in addition to or
independent of
all other penalties provided by law, may suspend
for any period of time not exceeding three years, or cancel the
license of any person, partnership, association, or corporation,
issued under section 4511.763 of the Revised Code.
Sec. 4511.763.
(A) No person, partnership, association, or
corporation shall
transport pupils to or from school on a school
bus or enter into a contract
with a board of education of any
school district for the transportation of
pupils on a school bus,
without being licensed by the department of public
safety.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.764.
(A) The superintendent of the state highway
patrol shall require school buses to be registered, in the name
of
the owner, with the state highway patrol on forms and in
accordance with regulations as the superintendent may adopt.
When the superintendent is satisfied that the registration
has been completed,
he
the superintendent shall assign an
identifying number to each
school bus registered in accordance
with this section. The
number so assigned shall be marked on the
front and rear of the
vehicle in black lettering not less than six
inches in height and
will remain unchanged as long as the
ownership of that vehicle
remains the same.
No person shall operate, nor shall any person, being the
owner thereof or having supervisory responsibility therefor,
permit the operation of a school bus within this state unless
there is displayed thereon an identifying number in accordance
with this section.
(B) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender previously has been convicted of or
pleaded guilty to one
or more violations of section 4511.63,
4511.76, 4511.761,
4511.762, 4511.77, or 4511.79 of the Revised
Code or a municipal
ordinance that is substantially similar to any of those sections,
whoever
violates this section is guilty of a misdemeanor of the
fourth
degree.
Sec. 4511.77.
(A) No person shall operate, nor shall any
person being the owner
thereof or having supervisory
responsibility therefor permit the operation of,
a school bus
within this state unless it is painted national school bus
yellow
and is marked on both front and rear
with the words "school bus"
in black lettering not less than eight inches in
height and on the
rear of the bus with the word "stop" in black lettering not
less
than ten inches in height.
(B) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender
previously has been convicted of or
pleaded guilty to one
or more violations of this section or
section 4511.63, 4511.76,
4511.761, 4511.762, 4511.764, or 4511.79
of the Revised Code or a
municipal ordinance that is
substantially
similar to any of those
sections, whoever violates this section is guilty
of a misdemeanor
of the fourth degree.
(C) Whenever a person is found guilty in a court of record
of a
violation of this section, the trial judge, in addition to or
independent of
all other penalties provided by law, may suspend
for any period of time not exceeding three years, or cancel the
license of any person, partnership, association, or corporation,
issued under section 4511.763 of the Revised Code.
Sec. 4511.771.
(A) Every school bus shall, in addition to
any other
equipment and
distinctive markings required pursuant to
sections 4511.76, 4511.761,
4511.764,
and 4511.77 of the Revised
Code, be equipped with signal lamps mounted as high
as
practicable, which shall display to the front two alternately
flashing red
lights and two alternately flashing amber lights
located at the same level and
to the rear two alternately flashing
red lights and two alternately flashing
amber lights located at
the same level, and these lights shall be visible at
five hundred
feet in normal sunlight. The alternately flashing red lights
shall be spaced as widely as practicable, and the alternately
flashing amber
lights shall be located next to them.
(B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.772.
(A) On and after
the effective date of this
section
May 6, 1986, no person, school board, or
governmental
entity shall purchase, lease, or rent a new school bus unless the
school bus has an occupant restraining device, as defined in
section 4513.263 of the Revised Code, installed for use in its
operator's seat.
(B) Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4511.78. (A) As used in this section:
(1) "Mass transit system" means any county transit system,
regional transit authority, regional transit commission,
municipally owned transportation system, mass transit company
operating exclusively within the territorial limits of a
municipal
corporation, or within such limits and the territorial
limits of
municipal corporations immediately contiguous to such
municipal
corporation, and any common passenger carrier certified
by the
public utilities commission, that provides transportation
for
children to or from a school session or a school function.
(2) "Bus" means every motor vehicle designed for carrying
more than nine passengers and used for the transportation of
persons, but does not mean any school bus as defined in section
4511.01 of the Revised Code.
(B) Whenever a mass transit system transports children to
or
from a school session or school function, the mass transit
system
shall provide for:
(1) Periodic safety inspections of all buses used to
provide
transportation service. The inspections shall be based
on rules
adopted by the public utilities commission under
Chapters 4921.
and 4923. of the Revised Code to ensure the safety
of operation of
motor transportation companies and private motor
carriers.
(2) The safety training of all drivers operating buses
used
to provide transportation service;
(3) The equipping of every bus with outside rear-view
mirrors meeting the motor carrier regulations for bus equipment
adopted by the federal highway administration. No exclusions
from
this requirement granted under the federal regulations shall
be
considered exclusions for the purposes of this division.
(C) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.79. (A) No person shall drive a "commercial motor
vehicle" as
defined in section 4506.01 of the Revised Code, or a
"commercial car" or
"commercial tractor," as defined in section
4501.01 of the Revised Code, while
his
the person's ability or
alertness is so impaired by fatigue,
illness, or other causes
that
it is unsafe for
him
the person to drive such vehicle. No
driver
shall use any drug
which would adversely affect
his
the driver's
ability or
alertness.
(B) No owner, as defined in section 4501.01 of the Revised
Code, of a
"commercial motor vehicle," "commercial car," or
"commercial tractor," or a
person employing or otherwise directing
the driver of such vehicle, shall
require or knowingly permit a
driver in any such condition described in
division (A) of this
section to drive such vehicle upon any street or highway.
(C) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender
previously has been convicted of or
pleaded guilty to one
or more violations of this section or
section 4511.63, 4511.76,
4511.761, 4511.762, 4511.764, Or 4511.77
of the Revised Code or a
municipal ordinance that is
substantially
similar to any of those
sections, whoever violates this section is guilty
of a misdemeanor
of the fourth degree.
Sec. 4511.81. (A) When any child who is in either or both
of the following
categories is being transported in a motor
vehicle, other than a taxicab or
public safety vehicle as defined
in section 4511.01 of the Revised Code, that
is registered in this
state and is required by the United States
department of
transportation to be equipped with seat belts at
the time of
manufacture or assembly, the operator of the motor
vehicle shall
have the child properly secured in accordance with
the
manufacturer's instructions in a child restraint system that
meets
federal motor vehicle safety standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(B) When any child who is in either or both of the following
categories is
being transported in a motor
vehicle, other than a
taxicab, that is registered in this state
and is owned, leased, or
otherwise under the control of a nursery
school, kindergarten, or
day-care center, the operator of the
motor vehicle shall have the
child properly secured in accordance
with the manufacturer's
instructions in a child restraint system
that meets federal motor
vehicle safety standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(C) The director of public safety shall adopt such rules
as
are necessary to carry out this section.
(D) The failure of an operator of a motor vehicle to
secure
a child in a child restraint system as required by this section is
not
negligence imputable to
the child, is not admissible as
evidence in any civil action
involving the rights of the child
against any other person
allegedly liable for injuries to the
child, is not to be used as
a basis for a criminal prosecution of
the operator of the motor
vehicle other than a prosecution for a
violation of this section,
and is not admissible as evidence in
any criminal action
involving the operator of the motor vehicle
other than a
prosecution for a violation of this section.
(E) This section does not apply when an emergency exists
that threatens the life of any person operating a motor vehicle
and
to whom this section otherwise would apply or the life of any
child who otherwise would be required to be restrained under this
section.
(F) If a person who is not a resident of this state is
charged with a violation of division (A) or (B) of
this section
and does not prove to the court, by a preponderance
of the
evidence, that the person's use or nonuse of a child
restraint
system was in accordance with the law of the state of which the
person is
a resident, the court shall impose the fine levied by
division
(H)(2) of
this section
4511.99 of the Revised Code.
(G) There is hereby created in the state treasury the "child
highway safety
fund," consisting of fines imposed
pursuant to
divisions (H)(1) and (2) of
this section
4511.99 of the Revised Code
for violations
of divisions (A) and (B) of this section. The
money in the fund
shall
be used by the department of health only
to defray the cost of
designating hospitals as pediatric
trauma
centers
under section
3727.081 of the Revised Code
and to
establish and
administer a child highway safety program.
The
purpose of the program
shall be to educate the public about
child
restraint systems generally and the
importance of their
proper
use. The program also shall include a process for
providing child
restraint systems to persons who meet the
eligibility criteria
established by the department, and a
toll-free telephone number
the public may
utilize to obtain
information about child restraint
systems and their proper
use.
The director of health, in accordance with Chapter 119. of
the Revised Code,
shall adopt any rules necessary to carry out
this section, including rules
establishing the criteria a person
must meet in order to receive a child
restraint system under the
department's child restraint system program;
provided that rules
relating to the verification of pediatric trauma
centers shall not
be adopted under this section.
(H)(1) Whoever is a resident of this state and violates
division
(A) or (B) of this section shall be punished as follows:
(a) Except as otherwise provided in division
(H)(1)(b) of
this
section, the offender is guilty of a minor misdemeanor.
(b) If the offender previously has been convicted of or
pleaded
guilty to a violation of division (A) or (B) of this
section
or of
a municipal ordinance that is substantially similar
to either of those
divisions, the offender is guilty of a
misdemeanor of the
fourth degree.
(2) Whoever is not a resident of this state, violates
division
(A) or (B)
of this section, and fails to prove by a
preponderance of the evidence that the offender's use or
nonuse of
a child restraint system was in accordance with the law of the
state of which the
offender is a resident is guilty of a minor
misdemeanor on a first
offense; on a second or subsequent offense,
that person is guilty
of a misdemeanor of the fourth degree.
(3) All fines imposed pursuant to
division (H)(1) or (2) of
this section shall be forwarded to the
treasurer of state for
deposit in the "child highway safety fund"
created
by division (G)
of this section.
Sec. 4511.82. (A) No operator or occupant of a motor
vehicle shall, regardless of intent, throw, drop, discard, or
deposit litter from any motor vehicle in operation upon any
street, road, or highway, except into a litter receptacle in a
manner that prevents its being carried away or deposited by the
elements.
(B) No operator of a motor vehicle in operation upon any
street, road, or highway shall allow litter to be thrown,
dropped,
discarded, or deposited from the motor vehicle, except
into a
litter receptacle in a manner that prevents its being
carried away
or deposited by the elements.
(C)
Whoever violates division (A) or (B) of this section
is
guilty of a minor misdemeanor.
(D) As used in this section, "litter" means garbage,
trash,
waste, rubbish, ashes, cans, bottles, wire, paper,
cartons, boxes,
automobile parts, furniture, glass, or anything
else of an
unsightly or unsanitary nature.
Sec. 4511.84. (A) No person shall operate a motor vehicle
while wearing earphones over, or earplugs in, both ears. As used
in this section, "earphones" means any headset, radio, tape
player, or other similar device that provides the listener with
radio programs, music, or other recorded information through a
device attached to the head and that covers all or a portion of
both ears. "Earphones" does not include speakers or other
listening devices that are built into protective headgear.
(B) This section does not apply to:
(1) Any person wearing a hearing aid;
(2) Law enforcement personnel while on duty;
(3) Fire department personnel and emergency medical
service
personnel while on duty;
(4) Any person engaged in the operation of equipment for
use
in the maintenance or repair of any highway;
(5) Any person engaged in the operation of refuse
collection
equipment.
(C) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.85. (A) The operator of a chauffeured limousine
shall accept passengers only on the basis of prearranged
contracts, as defined in division (LL) of section 4501.01
of the
Revised Code, and shall not cruise in search of patronage unless
the limousine is in compliance with any statute or ordinance
governing the operation of taxicabs or other similar vehicles for
hire.
(B) No person shall advertise or hold self out as doing
business as a limousine service or livery service or other
similar
designation unless each vehicle used by the person
to provide
the
service is registered in accordance with section 4503.24 of
the
Revised Code and is in compliance with section 4509.80 of the
Revised Code.
(C) Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4511.99.
(A) Whoever violates division (A)(1), (2),
(3),
or (4) of
section 4511.19 of the Revised Code, in addition to
the license
suspension or revocation provided in section 4507.16
of the
Revised Code and any disqualification imposed under section
4506.16 of the Revised Code, shall be punished as provided in
division (A)(1), (2), (3), or (4) of this section.
Whoever
violates division
(A)(5), (6), or (7) of section
4511.19 of the
Revised
Code, in addition to the
license suspension or revocation
provided in section 4507.16 of
the Revised Code and any
disqualification
imposed under section 4506.16 of the
Revised
Code, shall be punished as
provided in division (A)(5),
(6), (7),
or (8) of this section.
(1) Except as otherwise provided in division (A)(2), (3), or
(4) of this
section, the offender is guilty of a misdemeanor of
the first degree and
the court shall sentence the offender to a
term of imprisonment of
three consecutive days and may sentence
the offender pursuant to
section 2929.21 of the Revised Code to a
longer term of
imprisonment. In addition, the court shall impose
upon the
offender a fine of not less than two hundred fifty and
not more than
one thousand dollars.
The court may suspend the execution of the mandatory three
consecutive days of imprisonment that it is required to impose by
this division, if the court, in lieu of the suspended term of
imprisonment, places the offender on probation and requires the
offender to attend, for three consecutive days, a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code. The court also may suspend the
execution of
any part of the mandatory three consecutive days of
imprisonment
that it is required to impose by this division, if
the court
places the offender on probation for part of the three
consecutive
days; requires the offender to attend, for that part
of the three
consecutive days, a drivers' intervention program
that is
certified pursuant to section 3793.10 of the Revised
Code; and
sentences the offender to a term of imprisonment equal
to the
remainder of the three consecutive days that the offender
does not
spend attending the drivers' intervention program. The
court may
require the offender, as a condition of probation, to
attend and
satisfactorily complete any treatment or education
programs that
comply with the minimum standards adopted pursuant
to Chapter
3793. of the Revised Code by the director of alcohol
and drug
addiction services, in addition to the required
attendance at a
drivers' intervention program, that the operators
of the drivers'
intervention program determine that the offender
should attend and
to report periodically to the court on the offender's
progress in
the programs. The court also may impose any other
conditions of
probation on the offender that it considers
necessary.
Of the fine imposed pursuant to this division, twenty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
This share shall be used by the agency to pay only
those costs it
incurs in enforcing section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and in
informing the
public of the laws governing the operation of a
motor vehicle
while under the influence of alcohol, the dangers
of operating a
motor vehicle while under the influence of
alcohol, and other
information relating to the operation of a
motor vehicle and the
consumption of alcoholic beverages.
Fifty dollars of the fine
imposed pursuant to this division shall be paid to the political
subdivision that pays the cost of housing the offender during the
offender's term of incarceration to the credit of the fund that
pays the
cost of the incarceration. If the offender was confined
as a
result of the offense prior to being sentenced for the
offense but
is not sentenced to a term of incarceration, the
fifty
dollars
shall be paid to the political subdivision that paid the
cost of
housing the offender during that period of confinement.
The
political subdivision shall use this share to pay or reimburse
incarceration or treatment costs it incurs in housing or providing
drug and alcohol treatment to persons who violate section 4511.19
of the Revised Code or a substantially similar municipal
ordinance
and to pay for ignition interlock devices and electronic house
arrest
equipment for persons who violate that section.
Twenty-five dollars of the fine imposed pursuant to this division
shall be deposited into the county indigent drivers alcohol
treatment fund or municipal indigent drivers alcohol treatment
fund under the control of that court, as created by the county or
municipal corporation pursuant to division (N) of section
4511.191
of the Revised Code. The balance of the fine shall be
disbursed
as otherwise provided by law.
(2)(a) Except as otherwise provided in division (A)(4)
of
this section, the offender
is guilty of a misdemeanor of the first
degree, and, except as provided in this division, the court shall
sentence the
offender to a term of imprisonment of ten consecutive
days and may sentence
the offender pursuant to section 2929.21 of
the
Revised Code to a longer term of
imprisonment if, within six
years of the offense,
the offender
has been convicted of or
pleaded guilty to one violation of
the following:
(i) Division
(A) or (B) of section 4511.19 of the Revised
Code;
(ii) A municipal ordinance relating to operating a vehicle
while under the influence of alcohol, a drug of abuse, or alcohol
and a drug
of abuse;
(iii) A municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine;
(iv) Section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D) of that section;
(v) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or a municipal ordinance that
is
substantially similar to either of those divisions;
(vi) Division (A)(2), (3), or (4) of
section 2903.06,
division (A)(2) of
section 2903.08, or former section 2903.07 of
the Revised Code, or a municipal ordinance that is substantially
similar to any of those divisions or that former section,
in a
case in which
the jury or judge found that the offender was under
the influence
of alcohol, a drug of abuse, or alcohol and a drug
of abuse;
(vii) A statute of
the United States or of any other state
or a
municipal ordinance of a municipal corporation located in any
other state that
is substantially similar to division (A) or (B)
of section 4511.19 of the
Revised Code.
As an alternative
to the term of imprisonment required to be
imposed by this
division, but subject to division (A)(12) of this
section, the
court may impose upon the offender a sentence
consisting of both
a term of imprisonment of five consecutive days
and not less than
eighteen consecutive days of electronically
monitored house
arrest as defined in division (A) of section
2929.23 of the
Revised Code. The five consecutive days of
imprisonment and the
period of electronically monitored house
arrest shall not exceed
six months. The five consecutive days of
imprisonment do not
have to be served prior to or consecutively
with the period of
electronically monitored house arrest.
In addition, the court shall impose upon the offender a
fine
of not less than three hundred fifty and not more than one
thousand five hundred dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code. If the officials of the drivers'
intervention program determine that the offender is alcohol
dependent, they shall notify the court, and the court shall order
the offender to obtain treatment through an alcohol and drug
addiction program authorized by section 3793.02 of the Revised
Code. The cost of the treatment shall be paid by the offender.
Of the fine imposed pursuant to this division, thirty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
This share shall be used by the agency to pay only
those costs it
incurs in enforcing section
4511.19 of the Revised Code or a
substantially similar municipal
ordinance and in informing the
public of the laws governing the
operation of a motor vehicle
while under the influence of
alcohol, the dangers of operating a
motor vehicle while under the
influence of alcohol, and other
information relating to the
operation of a motor vehicle and the
consumption of alcoholic
beverages. One hundred fifteen dollars
of the fine imposed pursuant to
this division shall be paid to the
political subdivision
that pays the cost of housing the offender
during the offender's
term of
incarceration. This share shall be
used by the political
subdivision to pay or reimburse
incarceration or treatment costs it incurs in
housing or providing
drug and alcohol treatment to persons who violate section
4511.19
of the Revised Code
or a substantially similar municipal ordinance
and to pay for
ignition interlock devices and electronic house
arrest equipment
for persons who violate that section, and shall
be paid to the
credit of the fund that pays the cost of the
incarceration.
Fifty dollars of the fine imposed pursuant to this
division shall
be deposited into the county indigent drivers
alcohol treatment
fund or municipal indigent drivers alcohol
treatment fund under
the control of that court, as created by the
county or municipal
corporation pursuant to division (N) of
section 4511.191 of the
Revised Code. The balance of the fine
shall be disbursed as
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
penalties imposed under division (A)(2)(a) of this
section and
all other penalties provided by law and subject to
section
4503.235 of the Revised Code, shall order the
immobilization for
ninety days of the vehicle the offender was
operating at the time
of the offense and the impoundment for
ninety days of the
identification license plates of that vehicle.
The order for the
immobilization and impoundment shall be issued
and enforced in
accordance with section 4503.233 of the Revised
Code.
(3)(a) Except as otherwise provided in division (A)(4)
of
this section and except as provided in this division, if, within
six years
of the offense, the offender has been convicted of or
pleaded guilty to two
violations identified in
division (A)(2) of
this section, the court shall
sentence the offender to a term of
imprisonment of thirty consecutive days and
may sentence the
offender to a longer definite term of
imprisonment of not more
than one year. As an alternative to the
term of imprisonment
required to be imposed by this division, but
subject to division
(A)(12) of this section, the court may impose
upon the offender a
sentence consisting of both a term of
imprisonment of fifteen
consecutive days and not less than
fifty-five consecutive days of
electronically monitored house
arrest as defined in division (A)
of section 2929.23 of the
Revised Code. The fifteen consecutive
days of imprisonment and
the period of electronically monitored
house arrest shall not
exceed one year. The fifteen consecutive
days of imprisonment do
not have to be served prior to or
consecutively with the period
of electronically monitored house
arrest.
In addition, the court shall impose upon the offender a
fine
of not less than five hundred fifty and not more than two thousand
five hundred dollars.
In addition to any other sentence that it imposes upon the
offender, the court shall require the offender to attend an
alcohol and drug addiction program authorized by section 3793.02
of the Revised Code. The cost of the treatment shall be paid by
the offender. If the court determines that the offender is
unable
to pay the cost of attendance at the treatment
program, the court
may order that payment of the cost of the
offender's attendance at
the treatment program be made from that
court's indigent drivers
alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred
twenty-three dollars shall be paid to an enforcement and
education
fund established by the legislative authority of the
law
enforcement agency in this state that primarily was
responsible
for the arrest of the offender, as determined by the
court that
imposes the fine. This share shall be used by the
agency to pay
only those costs it incurs in enforcing section
4511.19 of the
Revised Code or a substantially similar municipal
ordinance and in
informing the public of the laws governing the
operation of a
motor vehicle while under the influence of
alcohol, the dangers of
operating a motor vehicle while under the
influence of alcohol,
and other information relating to the
operation of a motor vehicle
and the consumption of alcoholic
beverages. Two hundred
seventy-seven dollars of the fine imposed
pursuant to this
division shall be paid to the political
subdivision that pays the
cost of housing the offender during the
offender's term
of
incarceration. This share shall be used by the political
subdivision to pay or reimburse incarceration or treatment costs
it incurs in
housing or providing drug and alcohol treatment to
persons who violate section
4511.19 of
the Revised Code or a
substantially similar municipal ordinance
and to pay for ignition
interlock devices and electronic house
arrest equipment for
persons who violate that section and shall
be paid to the credit
of the fund that pays the cost of
incarceration. The balance of
the fine shall be disbursed as
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
penalties imposed under division (A)(3)(a) of this
section and
all other penalties provided by law and subject to
section
4503.235 of the Revised Code, shall order the criminal
forfeiture
to the state of the vehicle the offender was operating
at the time of the offense. The order of criminal forfeiture
shall be issued
and enforced in accordance with section 4503.234
of the Revised
Code.
(4)(a)(i) If, within six years of the offense, the offender
has been convicted of or pleaded guilty to three or more
violations identified in division (A)(2) of this section, and if
sentence is
not required to be imposed under division
(A)(4)(a)(ii) of this section, the
offender is guilty of a felony
of
the fourth degree and, notwithstanding division (A)(4) of
section 2929.14 of
the Revised Code, may be sentenced to a
definite prison term that shall be not
less than six months and
not more than thirty months. The court shall
sentence the
offender in accordance
with sections 2929.11 to 2929.19 of the
Revised Code and shall impose
as part of the sentence either a
mandatory term of local incarceration of
sixty
consecutive days of
imprisonment in accordance with division (G)(1)
of section 2929.13
of the Revised Code or a mandatory prison
term of sixty
consecutive days of imprisonment in accordance with division
(G)(2) of that section. If the court requires the offender to
serve a
mandatory term of local incarceration of sixty consecutive
days of imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section
2929.17 of the
Revised Code, may impose upon the
offender a
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house
arrest shall
not commence until after the offender has served the
mandatory term of local
incarceration.
(ii) If the offender previously has been convicted of or
pleaded
guilty to a violation of division (A) of section 4511.19
of the Revised Code
under circumstances
in which the violation was
a felony, regardless of when the prior violation
and the prior
conviction or guilty plea occurred, the offender is guilty of a
felony of the third degree. The court shall sentence the offender
in accordance with sections 2929.11 to 2929.19 of the Revised Code
and shall impose as part of the sentence a mandatory prison term
of sixty
consecutive days of imprisonment in accordance with
division (G)(2) of section 2929.13 of the Revised
Code.
(iii) In addition to all other sanctions imposed on an
offender under
division (A)(4)(a)(i) or (ii)
of this section, the
court shall impose upon
the offender, pursuant to section 2929.18
of the Revised Code, a
fine of not less than eight hundred nor
more
than ten thousand dollars.
In addition to any other sanction that it imposes upon
the
offender under division (A)(4)(a)(i) or (ii) of this section, the
court
shall require the offender to attend an alcohol
and drug
addiction program authorized by section 3793.02 of the
Revised
Code. The cost of the treatment shall be paid by the
offender.
If
the court determines that the offender is unable to
pay the
cost
of attendance at the treatment program, the
court may order
that
payment of the cost of the offender's
attendance at the
treatment
program be made from the court's
indigent drivers
alcohol
treatment fund.
Of the fine imposed pursuant to this division, two hundred
ten dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
This share shall be used by the agency to pay only
those costs it
incurs in enforcing section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and in
informing the
public of the laws governing operation of a motor
vehicle while
under the influence of alcohol, the dangers of
operation of a
motor vehicle while under the influence of
alcohol, and other
information relating to the operation of a
motor vehicle and the
consumption of alcoholic beverages. Four
hundred forty dollars of
the fine imposed pursuant to this
division shall be paid to the
political subdivision that pays the cost of
housing the offender
during the offender's term of
incarceration. This
share shall be
used by the political subdivision to pay or
reimburse
incarceration or treatment costs it incurs in housing or providing
drug and alcohol treatment to persons who
violate section 4511.19
of the Revised Code or a
substantially similar municipal ordinance
and to pay for ignition
interlock devices and electronic house
arrest equipment for
persons who violate that section, and shall
be paid to the credit
of the fund that pays the cost of
incarceration. The balance of
the fine shall be disbursed as
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
sanctions imposed under division (A)(4)(a) of this
section and
all other sanctions provided by law and subject to
section
4503.235 of the Revised Code, shall order the criminal
forfeiture
to the state of the vehicle the offender was operating
at the
time of the offense. The order of criminal forfeiture
shall be
issued and enforced in accordance with section 4503.234
of the
Revised Code.
(c) As used in division (A)(4)(a) of
this section,
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section
2929.01 of the
Revised Code.
If title to a motor vehicle that is subject to an order for
criminal
forfeiture under this section is assigned or transferred
and division (C)(2)
or (3) of section 4503.234 of the Revised Code
applies, in addition to or
independent of any other penalty
established by law, the court may fine the
offender the value of
the vehicle as determined by publications of the
national auto
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division
(D)(4) of
section 4503.234 of the Revised Code.
(5)(a) Except as otherwise provided in division (A)(6),
(7),
or (8)
of this section, the offender is guilty of a misdemeanor of
the first degree,
and the court shall sentence the offender to one
of the following:
(i) A term of imprisonment of at least
three consecutive
days and
a requirement that the
offender attend, for three
consecutive days, a drivers'
intervention program that is
certified pursuant to section
3793.10 of the Revised Code;
(ii) If the court determines that the offender is not
conducive
to treatment in the
program, if the offender refuses to
attend the program, or if the
place of imprisonment can provide a
drivers' intervention program, a term of
imprisonment of at least
six consecutive days.
(b) In addition, the court shall impose upon the offender a
fine
of not less than two hundred fifty and not more than
one
thousand dollars.
The court may require the offender, as a condition of
probation, to
attend and satisfactorily complete any treatment or
education
programs that comply with the minimum standards adopted
pursuant
to Chapter 3793. of the Revised Code by the
director of
alcohol
and drug addiction services, in addition to the required
attendance at a drivers' intervention program, that the operators
of the drivers' intervention program determine that the offender
should attend and to report periodically to the court on the
offender's
progress in the programs. The court also may impose
any other
conditions of probation on the offender that it
considers
necessary.
Of the fine imposed pursuant to this division, twenty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
The agency shall use this share to pay only
those costs it incurs
in enforcing section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and in
informing the
public of the laws governing the operation of a
motor vehicle
while under the influence of alcohol, the dangers
of operating a
motor vehicle while under the influence of
alcohol, and other
information relating to the operation of a
motor vehicle and the
consumption of alcoholic beverages.
Fifty dollars of the fine
imposed pursuant to this division shall be paid to the political
subdivision that pays the cost of housing the offender during the
offender's term of incarceration to the credit of the fund that
pays the
cost of the incarceration. The political subdivision
shall use
this share to pay or reimburse incarceration or
treatment costs it
incurs in housing or providing drug and alcohol
treatment to
persons who violate section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and to pay for
ignition interlock
devices and electronic house arrest equipment
for persons who violate that
section.
Twenty-five dollars of the
fine imposed pursuant to this division
shall be deposited into the
county indigent drivers alcohol
treatment fund or municipal
indigent drivers alcohol treatment
fund under the control of that
court, as created by the county or
municipal corporation pursuant
to division (N) of section
4511.191 of the Revised Code. The
balance of the fine shall
be disbursed as otherwise provided by
law.
(6)(a) Except as otherwise provided in division (A)(8)
of
this section and except as provided in this division, if, within
six years
of the offense, the offender has been convicted of or
pleaded guilty to one
violation of
division (A) or (B) of section
4511.19 of the
Revised Code, a
municipal ordinance relating to
operating a vehicle while under
the influence of alcohol, a drug
of abuse, or alcohol and a drug
of abuse, a municipal ordinance
relating to operating a vehicle
with a prohibited concentration of
alcohol in the blood, breath,
or urine, section 2903.04 of the
Revised Code in a case in
which
the offender was subject to the
sanctions described in division
(D) of that section, section
2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal
ordinance that is
substantially
similar to section 2903.07 of the
Revised Code in a case in
which
the jury or judge found that the
offender was under the influence
of alcohol, a drug of abuse, or
alcohol and a drug of abuse, or a statute of
the United States or
of any other state or a
municipal ordinance of a municipal
corporation located in any other state that
is substantially
similar to division (A) or (B) of section
4511.19 of the
Revised
Code, the offender is guilty of a misdemeanor of the
first degree,
and the court shall sentence the
offender to a term of
imprisonment of twenty consecutive days and
may sentence the
offender pursuant to section 2929.21 of the
Revised Code to a
longer term of imprisonment. As an
alternative
to the term of
imprisonment required to be imposed by this
division, but subject
to division (A)(12) of this section, the
court may impose upon the
offender a sentence consisting of both
a term of imprisonment of
ten consecutive days and not less than
thirty-six consecutive days
of electronically monitored house
arrest as defined in division
(A) of section 2929.23 of the
Revised Code. The ten consecutive
days of imprisonment and
the
period of electronically monitored
house arrest shall not exceed
six months. The ten consecutive
days of imprisonment do not
have to be served prior to or
consecutively with the period of
electronically monitored house
arrest.
In addition, the court shall impose upon the offender a
fine
of not less than three hundred fifty and not more than one
thousand five hundred dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code. If the officials of the
drivers'
intervention program determine that the offender is alcohol
dependent, they shall notify the court, and the court shall order
the offender to obtain treatment through an alcohol and drug
addiction program authorized by section 3793.02 of the Revised
Code. The offender shall pay the cost of the treatment.
Of the fine imposed pursuant to this division, thirty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
The agency shall use this share to pay only
those costs it incurs
in enforcing section
4511.19 of the Revised Code or a
substantially similar
municipal
ordinance and in informing the
public of the laws governing the
operation of a motor vehicle
while under the influence of
alcohol, the dangers of operating a
motor vehicle while under the
influence of alcohol, and other
information relating to the
operation of a motor vehicle and the
consumption of alcoholic
beverages. One hundred fifteen dollars
of the fine imposed pursuant to
this division shall be paid to the
political subdivision
that pays the cost of housing the offender
during the offender's
term of
incarceration. The political
subdivision shall use this share
to pay or reimburse incarceration
or treatment costs it incurs in
housing or providing drug and
alcohol treatment to persons who violate section
4511.19 of the
Revised
Code
or a substantially similar municipal ordinance and to
pay for
ignition interlock devices and electronic house arrest
equipment
for persons who violate that section, and this share
shall be paid to the
credit of the fund that pays the cost of the
incarceration.
Fifty dollars of the fine imposed pursuant to this
division shall
be deposited into the county indigent drivers
alcohol treatment
fund or municipal indigent drivers alcohol
treatment fund under
the control of that court, as created by the
county or municipal
corporation pursuant to division (N) of
section 4511.191 of the
Revised Code. The balance of the fine
shall be disbursed as
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
penalties imposed under division (A)(6)(a) of this
section and
all other penalties provided by law and subject to
section
4503.235 of the Revised Code, shall order the
immobilization
for
ninety days of the vehicle the offender was
operating at the time
of the offense and the impoundment for
ninety days of the
identification license plates of that vehicle.
The order for the
immobilization and impoundment shall be issued
and enforced in
accordance with section 4503.233 of the Revised
Code.
(7)(a) Except as otherwise provided in division (A)(8)
of
this section and except as provided in this division, if, within
six years
of the offense,
the offender
has been convicted of or
pleaded guilty to two violations of
division (A) or (B) of section
4511.19 of the
Revised Code, a
municipal ordinance relating to
operating a vehicle while under
the influence of alcohol, a drug
of abuse, or alcohol and a drug
of abuse, a municipal ordinance
relating to operating a vehicle
with a prohibited concentration of
alcohol in the blood, breath,
or urine, section 2903.04 of the
Revised Code in a case in
which
the offender was subject to the
sanctions described in division
(D) of that section, section
2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal
ordinance that is
substantially
similar to section 2903.07 of the
Revised Code in a case in
which
the jury or judge found that the
offender was under the influence
of alcohol, a drug of abuse, or
alcohol and a drug of abuse,
or a statute of the United States or
of any other
state or a municipal ordinance of a municipal
corporation located in any other
state that is substantially
similar to division (A) or (B)
of section 4511.19
of the Revised
Code, the court shall
sentence the offender to a term of
imprisonment of sixty consecutive days and
may sentence the
offender to a longer definite term of
imprisonment of not more
than one year. As an alternative to the
term of imprisonment
required to be imposed by this division, but
subject to division
(A)(12) of this section, the court may impose
upon the offender a
sentence consisting of both a term of
imprisonment of thirty
consecutive days and not less than
one hundred ten consecutive
days of electronically monitored house
arrest as defined in
division (A) of section 2929.23 of the
Revised Code. The thirty
consecutive days of imprisonment
and
the period of electronically
monitored house arrest shall not
exceed one year. The thirty
consecutive days of imprisonment do
not have to be served prior to
or consecutively with the period
of electronically monitored house
arrest.
In addition, the court shall impose upon the offender a
fine
of not less than five hundred fifty and not more than two thousand
five hundred dollars.
In addition to any other sentence that it imposes upon the
offender, the court shall require the offender to attend an
alcohol and drug addiction program authorized by section 3793.02
of the Revised Code. The offender shall pay the cost of the
treatment. If the court determines that the offender is
unable to
pay the cost of attendance at the treatment
program, the court may
order that payment of the cost of the
offender's attendance at the
treatment program be made from that
court's indigent drivers
alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred
twenty-three dollars shall be paid to an enforcement and
education
fund established by the legislative authority of the
law
enforcement agency in this state that primarily was
responsible
for the arrest of the offender, as determined by the
court that
imposes the fine. The agency shall use this share
to pay only
those costs it incurs in enforcing section
4511.19 of the Revised
Code or a substantially similar
municipal
ordinance and in
informing the public of the laws governing the
operation of a
motor vehicle while under the influence of
alcohol, the dangers of
operating a motor vehicle while under the
influence of alcohol,
and other information relating to the
operation of a motor vehicle
and the consumption of alcoholic
beverages. Two hundred
seventy-seven dollars of the fine imposed
pursuant to this
division shall be paid to the political
subdivision that pays the
cost of housing the offender during the
offender's term
of
incarceration. The political subdivision shall use this share
to
pay or reimburse incarceration or treatment costs it incurs in
housing or providing drug and alcohol treatment to persons who
violate section
4511.19 of the Revised
Code or a substantially
similar municipal ordinance and to pay for
ignition interlock
devices and electronic house
arrest equipment for persons who
violate that section, and this share shall
be paid to the credit
of the fund that pays the cost of
incarceration. The balance of
the fine shall be disbursed as
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
penalties imposed under division (A)(7)(a) of this
section and
all other penalties provided by law and subject to
section
4503.235 of the Revised Code, shall order the
immobilization
for
one hundred eighty days of the vehicle the
offender was operating
at the time of the offense and the
impoundment for one hundred
eighty days of the identification
license plates of that vehicle.
The order for the immobilization
and impoundment shall be issued
and enforced in accordance with
section 4503.233 of the Revised
Code.
(8)(a)(i) If, within six years of the offense, the
offender
has been convicted of or pleaded guilty to three or more
violations of division (A) or (B) of section 4511.19 of the
Revised Code, a municipal ordinance relating to operating a
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, a municipal ordinance relating to
operating a vehicle with a prohibited concentration of alcohol in
the blood, breath, or urine, section 2903.04 of the Revised
Code
in a case in which the offender was subject to the sanctions
described in division (D) of that section, section 2903.06,
2903.07, or 2903.08 of the Revised Code or a municipal
ordinance
that is substantially similar to section 2903.07 of the Revised
Code in a case in which the jury or judge found that the offender
was under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse, or a statute of the United States or
of any
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to
division
(A) or
(B) of section 4511.19 of the Revised Code,
and if
sentence is not required to be imposed
under division
(A)(8)(a)(ii) of this
section, the offender is guilty of a felony
of
the fourth degree
and, notwithstanding
division (A)(4) of
section 2929.14 of the Revised
Code, may be
sentenced to a
definite prison term that shall be not less than six
months and
not more than thirty months.
The court shall sentence the
offender in accordance
with sections 2929.11 to 2929.19 of the
Revised Code and
shall impose
as part of the sentence either a
mandatory term of local incarceration of one
hundred
twenty
consecutive days of imprisonment in accordance with division
(G)(1)
of section 2929.13 of the Revised Code
or a mandatory
prison
term of one hundred twenty consecutive days of imprisonment
in
accordance with division (G)(2) of that section. If the court
requires the offender to serve a mandatory term of local
incarceration of
one hundred twenty consecutive days of
imprisonment in
accordance with division (G)(1) of section 2929.13
of the
Revised
Code,
the court, pursuant
to section
2929.17 of the
Revised Code, may impose upon the
offender a sentence that
includes a term of electronically monitored house
arrest, provided
that the term of electronically monitored house arrest shall
not
commence until after the offender has served the mandatory term of
local
incarceration.
(ii) If the offender previously has been convicted of or
pleaded
guilty to a violation of division (A) of section 4511.19
of the Revised Code
under circumstances
in which the violation was
a felony, regardless of when the prior violation
and the prior
conviction or guilty plea occurred, the offender is guilty of a
felony of the
third degree. The
court shall sentence the offender
in accordance with sections
2929.11 to 2929.19 of the Revised Code
and shall impose as part of
the sentence a mandatory prison term
of one hundred twenty consecutive
days of imprisonment in
accordance with division (G)(2) of
section 2929.13 of the Revised
Code.
(iii) In addition to all other sanctions imposed on an
offender
under division (A)(8)(a)(i) or
(ii) of this section, the
court shall impose upon
the offender, pursuant to section 2929.18
of the Revised
Code, a
fine of not less than eight hundred nor
more than ten
thousand dollars.
In addition to any other sanction that it imposes upon
the
offender under division (A)(8)(a)(i)
or (ii) of this section, the
court shall
require the offender to attend
an alcohol
and drug
addiction program authorized by section 3793.02 of the
Revised
Code. The cost of the treatment shall be paid by
the
offender.
If
the court determines that the offender is unable to
pay the
cost
of attendance at the treatment program, the
court may order
that
payment of the cost of the offender's
attendance at the
treatment
program be made from the court's
indigent drivers
alcohol
treatment fund.
Of the fine imposed pursuant to this division, two hundred
ten dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
The agency shall use this share to pay only
those costs it incurs
in enforcing section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and in
informing the
public of the laws governing operation of a motor
vehicle while
under the influence of alcohol, the dangers of
operation of a
motor vehicle while under the influence of
alcohol, and other
information relating to the operation of a
motor vehicle and the
consumption of alcoholic beverages. Four
hundred forty dollars of
the fine imposed pursuant to this
division shall be paid to the
political subdivision that pays the cost of
housing the offender
during the offender's term of
incarceration. The political
subdivision shall use this
share to pay or
reimburse incarceration
or treatment costs it incurs in housing or providing
drug and
alcohol treatment to persons who
violate section 4511.19 of the
Revised Code or a
substantially similar municipal ordinance and to
pay for ignition
interlock devices and electronic house arrest
equipment for
persons who violate that section, and this share
shall be paid to the credit
of the fund that pays the cost of
incarceration. The balance of
the fine shall be disbursed as
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
sanctions imposed under division (A)(8)(a) of this
section and
all other sanctions provided by law and subject to
section
4503.235 of the Revised Code, shall order the criminal
forfeiture
to the state of the vehicle the offender was operating
at the
time of the offense. The order of criminal forfeiture
shall be
issued and enforced in accordance with section 4503.234
of the
Revised Code.
(c) As used in division (A)(8)(a) of
this section,
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section
2929.01 of the
Revised Code.
(d) If title to a motor vehicle that is subject to an order
for
criminal
forfeiture under this section is assigned or
transferred and division
(C)(2)
or (3) of section 4503.234 of the
Revised Code applies, in
addition to or
independent of any other
penalty established by law, the court may fine the
offender the
value of the vehicle as determined by publications of the
national
auto dealer's association. The proceeds from any fine imposed
under
this division shall be distributed in accordance with
division (D)(4)
of section 4503.234 of the Revised Code.
(9)(a) Except as provided in division (A)(9)(b) of this
section, upon a showing that imprisonment would seriously affect
the ability of an offender sentenced pursuant to division (A)(1),
(2), (3), (4), (5), (6), (7), or (8) of this section to continue
the
offender's
employment, the
court may authorize that the
offender be granted work release
from imprisonment after the
offender has served the three, six, ten, twenty,
thirty, or sixty
consecutive days of imprisonment or the
mandatory term of local
incarceration of sixty or one hundred twenty
consecutive days that
the
court
is required by division (A)(1), (2), (3), (4), (5), (6),
(7), or (8) of this
section to impose. No court shall authorize
work release from
imprisonment during the three, six, ten, twenty,
thirty, or sixty consecutive
days of imprisonment or the mandatory
term of local incarceration or
mandatory prison term of sixty or
one hundred twenty consecutive
days that the court is required by
division
(A)(1), (2), (3), (4), (5), (6), (7), or (8) of this
section to impose. The
duration
of the work release shall not
exceed the time necessary each day
for the offender to commute to
and from the place of employment
and the place of imprisonment and
the time actually spent under
employment.
(b) An offender who is sentenced pursuant to division
(A)(2), (3), (6), or (7) of this section to a term of imprisonment
followed
by a period of electronically monitored house arrest is
not
eligible for work release from imprisonment, but that person
shall be permitted work release during the period of
electronically monitored house arrest. The duration of the work
release shall not exceed the time necessary each day for the
offender to commute to and from the place of employment and the
offender's home or other place specified by the sentencing court
and the
time actually spent under employment.
(10) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence, the placement of an offender in any treatment
program
in
lieu of imprisonment, or the use of a community control sanction
for an
offender convicted of a felony, no court shall suspend the
ten, twenty, thirty, or sixty
consecutive days of imprisonment
required to be imposed on an
offender by division (A)(2), (3),
(6),
or (7) of this section, no court shall place an
offender who
is sentenced pursuant to division (A)(2), (3),
(4), (6), (7), or
(8) of this section in any
treatment program in lieu of
imprisonment until after the offender has served the ten,
twenty,
thirty, or sixty consecutive
days of imprisonment or the mandatory
term of
local incarceration or mandatory prison term
of sixty or
one hundred twenty consecutive days required to be imposed
pursuant to division (A)(2), (3), (4), (6), (7),
or (8) of this
section, no court that
sentences an offender under division (A)(4)
or (8) of this
section shall
impose any sanction other than a
mandatory term of local incarceration or
mandatory prison term to
apply to the
offender until after the offender has served the
mandatory term of local
incarceration or mandatory prison term of
sixty or one hundred twenty consecutive days required to be
imposed
pursuant to division
(A)(4) or (8) of this section, and no
court that imposes a sentence of imprisonment and a period of
electronically monitored house arrest upon an offender under
division (A)(2), (3), (6), or (7) of
this section shall suspend
any portion
of the sentence or place the offender in any treatment
program in
lieu of imprisonment or electronically monitored house
arrest.
Notwithstanding any section of the Revised Code that
authorizes
the suspension of the imposition or execution of a
sentence or
the placement of an offender in any treatment program
in lieu of
imprisonment, no court, except as specifically
authorized by
division (A)(1) or (5) of this section, shall
suspend the
three or more consecutive days of imprisonment
required to be
imposed by
division (A)(1) or (5) of this section
or place an offender
who is
sentenced pursuant to division (A)(1)
or (5) of this section
in any treatment program in lieu of
imprisonment until after the
offender has served the three or more
consecutive days of imprisonment
required to be imposed pursuant
to division (A)(1) or (5) of
this section.
(11) No court shall sentence an offender to an alcohol
treatment program pursuant to division (A)(1), (2), (3), (4),
(5),
(6), (7), or (8)
of this section unless the treatment program
complies with the
minimum standards adopted pursuant to Chapter
3793. of the
Revised Code by the director of alcohol and drug
addiction
services.
(12) No court shall impose the alternative sentence of a
term of imprisonment plus a term of electronically monitored house
arrest permitted to be imposed by division (A)(2), (3), (6),
or
(7) of this
section, unless within sixty days of the date of
sentencing, the
court issues a written finding, entered into the
record, that due
to the unavailability of space at the
incarceration facility
where the offender is required to serve the
term of imprisonment
imposed upon the offender, the offender will
not be able to
commence
serving the term of imprisonment within
the sixty-day period
following the date of sentencing. If the
court issues such a
written finding, the court may impose the
alternative sentence
comprised
of a term of imprisonment and a
term of electronically monitored
house arrest permitted to be
imposed by division (A)(2),
(3), (6), or (7) of this section.
(B) Whoever violates section 4511.192, 4511.251, or
4511.85
of the Revised Code is guilty of a misdemeanor of the
first
degree. The court, in addition to or independent of all
other
penalties provided by law, may suspend for a period not to
exceed
one year the driver's or commercial driver's license or
permit or
nonresident operating privilege of any person who
pleads guilty to
or is convicted of a violation of section
4511.192 of the Revised
Code.
(C) Whoever violates section 4511.63, 4511.76, 4511.761,
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is
guilty of one of the following:
(1) Except as otherwise provided in division (C)(2) of
this
section, a minor misdemeanor.
(2) If the offender previously has been convicted of
or
pleaded guilty to one or more violations of
section 4511.63,
4511.76,
4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the
Revised
Code or a municipal ordinance that is substantially
similar to
any of those sections, a
misdemeanor
of the fourth
degree.
(D)(1) Whoever violates any provision of sections 4511.01
to
4511.76
or section 4511.84 of the Revised Code, for which no
penalty otherwise is provided in
this
the section
violated is
guilty of one of
the following:
(a)(A) Except as otherwise provided in division
(D)(1)(b),
(1)(c), (2), (3),(B) or
(4)(C) of this
section, a minor
misdemeanor;
(b)(B) If, within one year of the offense, the offender
previously has been convicted of
or pleaded guilty to one
violation of any provision of
sections
4511.01 to 4511.76 or
section 4511.84 of the Revised Code for
which no penalty otherwise
is provided in this section or a
municipal ordinance that is
substantially similar to any
provision of sections 4511.01 to
4511.76 or section 4511.84 of
the Revised Code for which no
penalty otherwise is provided in
this section
predicate motor
vehicle or traffic offense, a
misdemeanor of the fourth
degree;
(c)(C) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to two or more
violations of any provision described in division (D)(1)(b)
of
this section or any municipal ordinance that is substantially
similar to any of those provisions
predicate motor vehicle or
traffic offenses, a misdemeanor of the third
degree.
(2) When any person is found guilty of a first offense for
a
violation of section 4511.21 of the Revised Code upon a finding
that the person operated a motor vehicle faster than
thirty-five
miles an
hour in a business district of a municipal corporation,
or faster
than fifty miles an hour in other portions, or faster
than
thirty-five miles an hour while passing through a school zone
during recess or while children are going to or leaving school
during the opening or closing hours, the person is guilty of a
misdemeanor of the fourth degree.
(3) Notwithstanding section 2929.21 of the Revised Code,
upon a finding that such person operated a motor vehicle in a
construction zone where a sign was then posted in accordance with
section 4511.98 of the Revised Code, the court, in addition to
all
other penalties provided by law, shall impose a fine of two
times
the usual amount imposed for the violation. No court shall
impose
a fine of two times the usual amount imposed for the
violation
upon an offender who alleges, in an affidavit filed
with the court
prior to the offender's sentencing, that the offender is
indigent
and is unable to pay the fine imposed pursuant to this division,
provided the court determines the offender is an indigent person
and is unable to pay the fine.
(4) Notwithstanding section 2929.21 of the Revised
Code,
upon a
finding that a person operated a motor vehicle in violation
of division
(C) of section
4511.213 of the Revised Code, the
court, in
addition to all other penalties provided by law, shall
impose a fine of
two times the usual amount imposed for the
violation.
(E) Whenever a person is found guilty in a court of record
of a violation of section 4511.761, 4511.762, or 4511.77 of the
Revised Code, the trial judge, in addition to or independent of
all other penalties provided by law, may suspend for any period
of
time not exceeding three years, or revoke the license of any
person, partnership, association, or corporation, issued under
section 4511.763 of the Revised Code.
(F) Whoever violates division (E) or (F) of section
4511.51,
division (A), (D), or (E) of section 4511.521, section
4511.681,
division (A) or (C) of section 4511.69, section
4511.772, or
division (A) or (B) of section 4511.82 of the
Revised Code is
guilty of a minor misdemeanor.
(G) Whoever violates division (A) of section 4511.75 of
the
Revised Code may be fined an amount not to exceed five
hundred
dollars. A person who is issued a citation for a
violation of
division (A) of section 4511.75 of the Revised Code
is not
permitted to enter a written plea of guilty and waive the person's
right to contest the citation in a trial, but instead must appear
in person in the proper court to answer the charge.
(H)(1) Whoever is a resident of this state and violates
division (A) or (B) of section 4511.81 of the Revised Code shall
be punished as follows:
(a) Except as otherwise provided in division (H)(1)(b) of
this section, the
offender is guilty of a
minor misdemeanor.
(b) If the offender previously has been convicted of or
pleaded guilty to a violation of division (A) or (B) of section
4511.81 of the
Revised Code or of a municipal
ordinance that is
substantially similar to either of those
divisions, the offender
is guilty of a misdemeanor of the fourth
degree.
(2) Whoever is not a resident of this state, violates
division (A) or (B) of section 4511.81 of the Revised Code, and
fails to prove by a preponderance of the evidence that the
offender's use or nonuse of a child restraint system was in
accordance
with the law
of the state of which the offender is a
resident is guilty of
a minor
misdemeanor on a first offense; on a
second or subsequent
offense, that person is guilty of a
misdemeanor of the fourth
degree.
(3) All fines imposed pursuant to
division (H)(1) or (2) of
this section shall be forwarded to the
treasurer of state for
deposit in the "child highway safety fund"
created by division (G)
of section 4511.81 of the Revised Code.
(I) Whoever violates section 4511.202 of the Revised Code
is
guilty of operating a motor vehicle without being in control
of
it, a minor misdemeanor.
(J) Whoever violates division (B) of section 4511.74,
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of
section 4511.83 of the Revised Code is guilty of a misdemeanor of
the first degree.
(K) Except as otherwise provided in this division, whoever
violates division (E) of section 4511.11, division (A) or (C) of
section 4511.17, or section 4511.18 of the Revised Code is guilty
of a misdemeanor of the third degree. If a violation of division
(A) or (C) of section 4511.17 of the Revised Code creates a risk
of physical harm to any person, the offender is guilty of a
misdemeanor of the first degree. A violation of division (A) or
(C) of section 4511.17 of the Revised Code that causes serious
physical harm to property that is owned, leased, or controlled by
a state or local authority is a felony of the fifth
degree.
(L) Whoever violates division (H) of section 4511.69 of
the
Revised Code shall be punished as follows:
(1) Except as otherwise provided in
division (L)(2) of this
section, the offender shall be
issued a warning.
(2) If the offender previously has been convicted of or
pleaded guilty to a violation of division (H) of section 4511.69
of the Revised Code or of a municipal ordinance that is
substantially similar to that division, the offender shall not be
issued a
warning but shall be fined twenty-five dollars for each
parking location
that is not
properly marked or whose markings are
not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section
4511.45 of the Revised Code is guilty of a misdemeanor of the
fourth degree on a first offense; on a second offense within one
year after the first offense, the person is guilty of a
misdemeanor of the third degree; and on each subsequent offense
within one year after the first offense, the person is guilty of
a
misdemeanor of the second degree.
(N)(1) Whoever violates division (B) of section 4511.19
of
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows:
(a) Except as otherwise provided in division
(N)(1)(b) of
this section, the offender is guilty of
a misdemeanor of the
fourth degree.
(b) The offender is guilty of a misdemeanor of the third
degree
if, within one year of the offense, the offender has
been
convicted of or pleaded guilty to any violation of the
following:
(i) Division
(A) or (B) of section 4511.19 of the Revised
Code;
(ii) A municipal
ordinance relating to operating a vehicle
while under the
influence of alcohol, a drug of abuse, or alcohol
and a drug of
abuse;
(iii) A municipal ordinance relating to operating a vehicle
with
a prohibited concentration of alcohol in the blood, breath,
or
urine;
(iv) Section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D)
of that section;
(v) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or a municipal ordinance
that
is substantially similar
to either of those divisions;
(vi) Division (A)(2), (3), or (4) of section
2903.06 or
division (A)(2) of section 2903.08
of the
Revised Code or a
municipal ordinance that is substantially
similar to any of those
divisions, or former section
2903.07 of the Revised Code or
a
substantially similar municipal ordinance, in a
case in which
the
jury or judge found that the offender was under the influence
of
alcohol, a drug of abuse, or alcohol and a drug of abuse;
(vii) A statute of
the United States or of any other state
or a
municipal ordinance of a municipal corporation located in any
other state that
is substantially similar to division (A) or (B)
of section 4511.19 of the
Revised Code.
(2) In addition to or independent of all other penalties
provided by law, the offender's driver's or commercial driver's
license or permit or nonresident operating privilege shall be
suspended in accordance with, and for the period of time
specified
in, division (E) of section 4507.16 of the Revised
Code.
(O) Whoever violates section 4511.62 of the Revised
Code is
guilty of a misdemeanor of the fourth degree.
(P) Whoever violates division
(F)(1)(a) or (b) of section
4511.69
of the Revised
Code is guilty of a misdemeanor
and shall
be fined not less than two hundred fifty nor more than five
hundred
dollars, but in no
case shall an offender be sentenced to
any term of
imprisonment.
Arrest or conviction for a violation of division
(F)(1)(a) or
(b) of section 4511.69
of the Revised
Code does not constitute a
criminal record and need not be reported by the person so
arrested
or convicted in response to any inquiries contained in
any
application for employment, license, or other right or
privilege,
or made in connection with the person's appearance as
a witness.
Every fine collected under this division shall be paid by the
clerk of the
court to the political subdivision in which the
violation occurred.
Except as provided in this division, the
political subdivision shall use the
fine moneys it receives under
this division to pay the expenses it incurs in
complying with
the
signage and notice requirements contained in division (E) of
section 4511.69 of the Revised Code. The political subdivision
may use up to fifty per cent of each fine it receives under this
division to pay the costs of educational, advocacy, support, and
assistive technology programs for persons with disabilities, and
for
public improvements within the political subdivision that
benefit
or assist persons with disabilities, if governmental
agencies or
nonprofit organizations offer the programs.
Sec. 4513.02. (A) No person shall drive or move, or cause
or knowingly permit to be driven or moved, on any highway any
vehicle or combination of vehicles which is in such unsafe
condition as to endanger any person.
(B) When directed by any state highway patrol trooper, the
operator of any motor vehicle shall stop and submit such motor
vehicle to an inspection under division (B)(1) or (2) of this
section, as appropriate, and such tests as are necessary.
(1) Any motor vehicle not subject to inspection by the
public utilities commission shall be inspected and tested to
determine whether it is unsafe or not equipped as required by
law,
or that its equipment is not in proper adjustment or repair,
or in
violation of the equipment provisions of Chapter 4513. of
the
Revised Code.
Such inspection shall be made with respect to the brakes,
lights, turn signals, steering, horns and warning devices, glass,
mirrors, exhaust system, windshield wipers, tires, and such other
items of equipment as designated by the superintendent of the
state highway patrol by rule or regulation adopted pursuant to
sections 119.01 to 119.13 of the Revised Code.
Upon determining that a motor vehicle is in safe operating
condition and its equipment in conformity with Chapter 4513. of
the Revised Code, the inspecting officer shall issue to the
operator an official inspection sticker, which shall be in such
form as the superintendent prescribes except that its color shall
vary from year to year.
(2) Any motor vehicle subject to inspection by the public
utilities commission shall be inspected and tested in accordance
with rules adopted by the commission. Upon determining that the
vehicle and operator are in compliance with rules adopted by the
commission, the inspecting officer shall issue to the operator an
appropriate official inspection sticker.
(C) The superintendent of the state highway patrol,
pursuant
to sections 119.01 to 119.13 of the Revised Code, shall
determine
and promulgate standards for any inspection program
conducted by a
political subdivision of this state. These
standards shall exempt
licensed collector's vehicles and
historical motor vehicles from
inspection. Any motor vehicle
bearing a valid certificate of
inspection issued by another state
or a political subdivision of
this state whose inspection program
conforms to the
superintendent's standards, and any licensed
collector's vehicle
or historical motor vehicle which is not in a
condition which
endangers the safety of persons or property,
shall be exempt from
the tests provided in division (B) of this
section.
(D) Every person, firm, association, or corporation that,
in
the conduct of its business, owns and operates not less than
fifteen motor vehicles in this state that are not subject to
regulation by
the public utilities commission and that, for the
purpose
of storing, repairing, maintaining, and servicing such
motor
vehicles, equips and operates one or more service
departments
within this state, may file with the superintendent of
the state
highway patrol applications for permits for such service
departments as official inspection stations for its own motor
vehicles. Upon receiving an application for each such service
department, and after determining that it is properly equipped
and
has competent personnel to perform the inspections referred
to in
this section, the superintendent shall issue the necessary
inspection stickers and permit to operate as an official
inspection station. Any such person who has had one or more
service departments so designated as official inspection stations
may have motor vehicles that are owned and operated by the
person
and that are not subject to regulation by the public utilities
commission, excepting private
passenger cars owned by the person
or the
person's employees, inspected at such service
department;
and any motor vehicle bearing a valid certificate of
inspection
issued by such service department shall be exempt from
the tests
provided in division (B) of this section.
No permit for an official inspection station shall be
assigned or transferred or used at any location other than
therein
designated, and every such permit shall be posted in a
conspicuous
place at the location designated.
If a person, firm, association, or corporation owns and
operates fifteen or
more motor vehicles in the conduct of business
and is subject to regulation by
the public utilities commission,
that person, firm, association, or
corporation is not eligible to
apply to the superintendent for permits to
enable any of its
service departments to serve as official inspection stations
for
its own motor vehicles.
(E) When any motor vehicle is found to be unsafe for
operation, the inspecting officer may order it removed from the
highway and not operated, except for purposes of removal and
repair, until it has been repaired pursuant to a repair order as
provided in division (F) of this section.
(F) When any motor vehicle is found to be defective or in
violation of Chapter 4513. of the Revised Code, the inspecting
officer may issue a repair order, in such form and containing
such
information as the superintendent shall prescribe, to the
owner or
operator of the motor vehicle. The owner or operator
shall
thereupon obtain such repairs as are required and shall, as
directed by the inspecting officer, return the repair order
together with proof of compliance with its provisions. When any
motor vehicle or operator subject to rules of the public
utilities
commission fails the inspection, the inspecting officer
shall
issue an appropriate order to obtain compliance with such
rules.
(G) Sections 4513.01 to 4513.37 of the Revised Code, with
respect to equipment on vehicles, do not apply to implements of
husbandry, road machinery, road rollers, or agricultural tractors
except as made applicable to such articles of machinery.
(H)
Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender
previously has been convicted of a violation of this
section, whoever violates
this section is guilty of a misdemeanor
of the third degree.
Sec. 4513.021. (A) As used in this section:
(1) "Passenger car" means any motor vehicle with motive
power, designed for carrying ten persons or less, except a
multipurpose passenger vehicle or motorcycle.
(2) "Multipurpose passenger vehicle" means a motor vehicle
with motive power, except a motorcycle, designed to carry ten
persons or less, that is constructed either on a truck chassis or
with special features for occasional off-road operation.
(3) "Truck" means every motor vehicle, except trailers and
semitrailers, designed and used to carry property and having a
gross vehicle weight rating of ten thousand pounds or less.
(4) "Manufacturer" has the same meaning as in section
4501.01 of the Revised Code.
(5) "Gross vehicle weight rating" means the manufacturer's
gross vehicle weight rating established for that vehicle.
(B) The director of public safety, in accordance with
Chapter 119. of the Revised Code, shall adopt rules in
conformance
with standards of the vehicle equipment safety
commission, that
shall govern the maximum bumper height or, in
the absence of
bumpers and in cases where bumper heights have
been lowered or
modified, the maximum height to the bottom of the
frame rail, of
any passenger car, multipurpose passenger vehicle,
or truck.
(C) No person shall operate upon a street or highway any
passenger car, multipurpose passenger vehicle, or truck
registered
in this state that does not conform to the
requirements of this
section or to any applicable rule adopted
pursuant to this
section.
(D) No person shall modify any motor vehicle registered in
this state in such a manner as to cause the vehicle body or
chassis to come in contact with the ground, expose the fuel tank
to damage from collision, or cause the wheels to come in contact
with the body under normal operation, and no person shall
disconnect any part of the original suspension system of the
vehicle to defeat the safe operation of that system.
(E) Nothing contained in this section or in the rules
adopted pursuant to this section shall be construed to prohibit
either of the following:
(1) The installation upon a passenger car, multipurpose
passenger vehicle, or truck registered in this state of heavy
duty
equipment, including shock absorbers and overload springs;
(2) The operation on a street or highway of a passenger
car,
multipurpose passenger vehicle, or truck registered in this
state
with normal wear to the suspension system if the normal
wear does
not adversely affect the control of the vehicle.
(F) This section and the rules adopted pursuant to it do
not
apply to any specially designed or modified passenger car,
multipurpose passenger vehicle, or truck when operated off a
street or highway in races and similar events.
(G)
Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender
previously has been convicted of a violation of this
section, whoever violates
this section is guilty of a misdemeanor
of the third degree.
Sec. 4513.022. (A) As part of the motor vehicle inspection
conducted
pursuant to section 4513.02 of the Revised Code, the
state highway patrol
trooper shall request that the owner or
operator of the motor vehicle produce
proof that the owner
maintains or has maintained on the owner's behalf, proof
of
financial responsibility as required by section 4509.101 of the
Revised
Code.
(B) A state highway patrol trooper shall indicate on every
traffic ticket
issued pursuant to a motor vehicle inspection
whether the person
receiving the traffic ticket produced proof of
the maintenance of financial
responsibility in response to the
state highway patrol trooper's request.
The state highway patrol
trooper shall inform every person who receives a
traffic ticket
and who has failed to produce proof of the maintenance of
financial responsibility at the time of the motor vehicle
inspection that the
person must submit proof to the traffic
violations bureau with any payment of
a fine and costs for the
ticketed violation or, if the person is to appear in
court for the
violation, the person must submit proof to the court.
(C)(1) If a person who has failed to produce proof
of the
maintenance of financial responsibility appears in court for a
ticketed
violation, the court may permit the defendant to present
evidence of proof of
financial responsibility to the court at such
time and in such manner as the
court determines to be necessary or
appropriate. The clerk of courts shall
provide the registrar with
the identity of any person who fails to submit
proof of the
maintenance of financial responsibility pursuant to division (B)
of this section.
(2) If a person who has failed to present proof of the
maintenance
of financial responsibility also fails to submit that
proof to the traffic
violations bureau, the traffic violations
bureau shall notify the registrar of
the identity of that person.
(3) Upon receiving notice from a clerk of courts or a
traffic violation
bureau pursuant to division (C) of this section,
the registrar shall proceed
against these persons under division
(D) of section 4509.101
of the Revised Code in the same manner as
the registrar proceeds against
persons identified by the clerk of
courts under division
(D)(4) of section 4509.101 of the Revised
Code.
(D) A state highway patrol trooper may charge an owner or
operator of a
motor vehicle with a violation
if division (B)(1) of
section
4507.02
4510.16 of the Revised Code when the operator
fails to
produce proof of the
maintenance of financial
responsibility upon the state highway patrol
trooper's request
under
division (A) of this section, if a check of the owner or
operator's driving
record indicates that the owner or operator,
at the time of the motor vehicle
inspection, is required to file
and maintain proof of financial responsibility
under section
4509.45 of the Revised Code for a previous violation of Chapter
4509. of the Revised Code.
Sec. 4513.03.
(A) Every vehicle upon a street or highway
within this state during the time from sunset
to sunrise, and at
any other time when there
are unfavorable atmospheric conditions
or when there is not
sufficient natural light to render
discernible persons, vehicles,
and substantial objects on the
highway at a distance of one
thousand feet ahead, shall display
lighted lights and
illuminating devices as required by sections
4513.04 to 4513.37
of the Revised Code, for different classes of
vehicles; except
that every motorized bicycle shall display at
such times lighted
lights meeting the rules adopted by the
director of public safety
under section 4511.521 of the Revised
Code. No motor vehicle,
during such times, shall be operated upon
a street or highway
within this state using only parking lights as
illumination.
Whenever in such sections a requirement is declared as to
the
distance from which certain lamps and devices shall render
objects
visible, or within which such lamps or devices shall be
visible,
such distance shall be measured upon a straight level
unlighted
highway under normal atmospheric conditions unless a
different
condition is expressly stated.
Whenever in such sections a requirement is declared as to
the
mounted height of lights or devices, it shall mean from the
center
of such light or device to the level ground upon which the
vehicle
stands.
(B) Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.04.
(A) Every motor vehicle, other than a
motorcycle, and
every
trackless trolley shall be equipped with at
least two headlights with at least
one near each side of the front
of the motor vehicle or trackless trolley.
Every motorcycle shall be equipped with at least one and not
more than two
headlights.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.05.
(A) Every motor vehicle, trackless trolley,
trailer,
semitrailer,
pole trailer, or vehicle which is being
drawn at the end of a train of
vehicles
shall be equipped with at
least one tail light mounted on the rear which, when
lighted,
shall emit a red light visible from a distance of five hundred
feet
to
the rear, provided that in the case of a train of vehicles
only the tail light
on the rearmost vehicle need be visible from
the distance specified.
Either a tail light or a separate light shall be so
constructed and placed as
to illuminate with a white light the
rear registration plate, when such
registration plate is required,
and render it legible from a distance of fifty
feet to the rear.
Any tail light, together with any separate light for
illuminating
the rear registration plate, shall be so wired as to be lighted
whenever the headlights or auxiliary driving lights are lighted,
except where
separate lighting systems are provided for trailers
for the purpose of
illuminating such registration plate.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.06.
(A) Every new motor vehicle sold after
September 6,
1941,
and
operated on a highway, other than a
commercial tractor, to which a trailer or
semitrailer is attached
shall carry at the rear, either as a part of the tail
lamps or
separately, two red reflectors meeting the requirements of this
section, except that vehicles of the type mentioned in section
4513.07 of the
Revised Code shall be equipped with reflectors as
required by the regulations
provided for in said section.
Every such reflector shall be of such size and
characteristics and so
maintained as to be visible at night from
all distances within three hundred
feet to fifty feet from such
vehicle.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.07.
(A) The director of public safety shall
prescribe and
promulgate
regulations relating to clearance lights,
marker lights, reflectors, and stop
lights on
busses
buses,
trackless trolleys, trucks, commercial
tractors, trailers,
semitrailers, and pole trailers, when operated upon any highway,
and such
vehicles shall be equipped as required by such
regulations, and such equipment
shall be lighted at all times
mentioned in section 4513.03 of the Revised
Code,
except that
clearance lights and side marker lights need not be lighted on any
such vehicle when it is operated within a municipal corporation
where there is
sufficient light to reveal any person or
substantial object on the highway at
a
distance of five hundred
feet.
Such equipment shall be in addition to all other lights
specifically required
by sections 4513.03 to 4513.16 of the
Revised Code.
Vehicles operated under the jurisdiction of the public
utilities commission
are
not subject to this section.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.071.
(A) Every motor vehicle,
trailer,
semitrailer, and pole trailer when operated upon a highway shall
be
equipped with two or more stop
lights, except that passenger
cars manufactured or assembled prior to
January 1, 1967,
motorcycles, and motor-driven cycles shall be
equipped with at
least one stop light. Stop lights shall be mounted on
the rear of
the vehicle, actuated upon application of the service brake,
and
may be
incorporated with other rear lights. Such stop lights when
actuated shall
emit
a red light visible from a distance of five
hundred feet to the rear, provided
that in the case of a train of
vehicles only the stop lights on the rear-most
vehicle need be
visible from the distance specified.
Such stop lights when actuated shall give a steady warning
light to the rear
of a vehicle or train of vehicles to indicate
the intention of the operator to
diminish the speed of or stop a
vehicle or train of vehicles.
When stop lights are used as required by this section, they
shall be
constructed or installed so as to provide adequate and
reliable illumination
and shall conform to the appropriate rules
and regulations established under
section 4513.19 of the Revised
Code.
Historical motor vehicles as defined in section 4503.181 of
the Revised Code, not originally manufactured with stop
lights,
are not subject to this
section.
(B) Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.09.
(A) Whenever the load upon any vehicle
extends to the
rear four
feet
or more beyond the bed or body of
such vehicle, there shall be displayed at
the
extreme rear end of
the load, at the times specified in section 4513.03 of the
Revised
Code, a red light or lantern plainly visible from a distance of at
least five hundred feet to the sides and rear. The red light or
lantern
required by this section is in addition to the red rear
light required upon
every vehicle. At any other time there shall
be displayed at the extreme rear
end of such load a red flag or
cloth not less than sixteen inches square.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.10.
(A) Except in case of an emergency, whenever
a
vehicle is parked or
stopped upon a roadway open to traffic or a
shoulder adjacent thereto, whether
attended or unattended, during
the times mentioned in section 4513.03 of the
Revised Code, such
vehicle shall be equipped with one or more lights which
shall
exhibit a white or amber light on the roadway side visible from a
distance of five hundred feet to the front of such vehicle, and a
red light
visible from a distance of five hundred feet to the
rear. No lights need be
displayed upon any such vehicle when it
is stopped or parked within a
municipal
corporation where there is
sufficient light to reveal any person or
substantial
object within
a distance of five hundred feet upon such highway. Any lighted
headlights upon a parked vehicle shall be depressed or dimmed.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.11. (A) All vehicles other than bicycles,
including animal-drawn vehicles and vehicles referred to in
division (G) of section 4513.02 of the Revised Code, not
specifically required to be equipped with lamps or other lighting
devices by sections 4513.03 to 4513.10 of the Revised Code,
shall,
at the times specified in section 4513.03 of the Revised
Code, be
equipped with at least one lamp displaying a white light
visible
from a distance of not less than one thousand feet to the
front of
the vehicle, and also shall be equipped with two
lamps
displaying
red light visible from a distance of not less than one
thousand
feet to the rear of the vehicle, or as an alternative,
one lamp
displaying a red light visible from a distance of not
less than
one thousand feet to the rear and two red reflectors
visible from
all distances of six hundred feet to one hundred
feet to the rear
when illuminated by the lawful lower beams of
headlamps.
Lamps and reflectors required or authorized by this section
shall meet standards adopted by the director of public safety.
(B) All boat trailers, farm machinery, and other
machinery,
including all road construction machinery, upon a
street or
highway, except when being used in actual construction
and
maintenance work in an area guarded by a flagperson,
or where
flares are used, or when operating or traveling within the limits
of a construction area designated by the director of
transportation, a city engineer, or the county engineer of the
several counties, when such construction area is marked in
accordance with requirements of the director and the manual of
uniform traffic control devices, as set forth in section 4511.09
of the Revised Code, which is designed for operation at a speed
of
twenty-five miles per hour or less shall be operated at a
speed
not exceeding twenty-five miles per hour, and shall display
a
triangular slow-moving vehicle emblem (SMV). The emblem shall
be
mounted so as to be visible from a distance of not less than
five
hundred feet to the rear. The director of public safety
shall
adopt standards and specifications for the design and
position of
mounting the SMV emblem. The standards and
specifications for SMV
emblems referred to in this section shall
correlate with and, so
far as possible, conform with those
approved by the American
society of agricultural engineers.
As used in this division, "machinery" does not include any
vehicle designed to be drawn by an animal.
(C) The use of the SMV emblem shall be restricted to
animal-drawn vehicles, and to the slow-moving vehicles specified
in division (B) of this section operating or traveling within the
limits of the highway. Its use on slow-moving vehicles being
transported upon other types of vehicles or on any other type of
vehicle or stationary object on the highway is prohibited.
(D) No person shall sell, lease, rent, or operate any boat
trailer, farm machinery, or other machinery defined as a
slow-moving vehicle in division (B) of this section, except those
units designed to be completely mounted on a primary power unit,
which is manufactured or assembled on or after April 1, 1966,
unless the vehicle is equipped with a slow-moving vehicle emblem
mounting device as specified in division (B) of this section.
(E) Any boat trailer, farm machinery, or other machinery
defined as a slow-moving vehicle in division (B) of this section,
in addition
to the use of the slow-moving vehicle emblem,
may be
equipped with a red flashing light that shall be visible
from a
distance of not less than one thousand feet to the rear at all
times specified in section 4513.03 of the Revised Code. When a
double-faced light is used, it shall display amber light to the
front and red light to the rear.
In addition to the lights described in this division, farm
machinery
and motor vehicles escorting farm machinery
may display
a flashing, oscillating, or rotating amber light, as permitted by
section 4513.17 of the Revised Code, and also may display
simultaneously flashing turn signals or warning lights, as
permitted by that
section.
(F) Every animal-drawn vehicle upon a street or highway
shall at all times be equipped in one of the following ways:
(1) With a slow-moving vehicle emblem complying with
division (B) of this section;
(2) With alternate reflective material complying with
rules
adopted under this division;
(3) With both a slow-moving vehicle emblem and alternate
reflective material as specified in this division.
The director of public safety, subject to Chapter 119. of
the
Revised Code, shall adopt rules establishing standards and
specifications for the position of mounting of the alternate
reflective material authorized by this division. The rules shall
permit, as a minimum, the alternate reflective material to be
black, gray, or silver in color. The alternate reflective
material shall be mounted on the animal-drawn vehicle so as to be
visible, at all times specified in section 4513.03 of the Revised
Code, from a distance of not less than five hundred feet to the
rear when illuminated by the lawful lower beams of headlamps.
(G)
Whoever violates this section shall be punished as
provided in section
4513.99 of the Revised Code.
(H) As used in this section, "boat trailer" means any
vehicle designed and used exclusively to transport a boat between
a place of storage and a marina, or in and around a marina, when
drawn or towed on a street or highway for a distance of no more
than ten miles and at a speed of twenty-five miles per hour or
less.
Sec. 4513.111. (A)(1) Every multi-wheel agricultural
tractor
whose model year was 2001 or earlier,
when being operated
or
traveling on a street or highway at the times specified in
section
4513.03 of the Revised Code, at a minimum shall be
equipped
with and display
reflectors and illuminated amber lamps
so that the extreme left and right projections of the tractor are
indicated by flashing lamps displaying amber light, visible to the
front and
the rear, by amber reflectors, all visible
to the front,
and by
red reflectors, all visible to the
rear.
(2) The lamps displaying amber light need not flash
simultaneously and
need not flash in conjunction with any
directional signals of the tractor.
(3) The lamps and reflectors required by division (A)(1) of
this
section and their placement shall meet standards and
specifications contained in rules adopted by the director of
public safety in accordance with Chapter 119. of the Revised
Code.
The rules governing the amber lamps, amber reflectors, and red
reflectors and their placement shall
correlate with and, as far as
possible,
conform with
paragraphs 4.1.4.1, 4.1.7.1, and 4.1.7.2
respectively of the American
society of agricultural engineers
standard ANSI/ASAE
S279.10 OCT98, lighting and marking of
agricultural
equipment on highways.
(B) Every unit of farm machinery
whose model year was 2002
or later,
when being operated
or traveling on a street or highway
at the times specified in
section 4513.03 of the Revised Code,
shall be equipped with
and display markings and illuminated lamps
that meet or exceed the lighting,
illumination, and marking
standards and specifications that are
applicable to that type of
farm machinery
for the unit's model year specified in the
American
society of agricultural engineers standard
ANSI/ASAE S279.10
OCT98, lighting
and marking of agricultural equipment on highways.
(C) The lights and reflectors required by division (A)
of
this section are in
addition to the slow-moving vehicle emblem and
lights required or
permitted by section 4513.11 or 4513.17 of the
Revised Code
to be displayed on farm machinery being operated or
traveling on a street
or highway.
(D) No person shall operate any unit of farm machinery
on a
street
or highway or cause any unit of farm machinery to travel on
a street or
highway in violation of division (A) or (B)
of this
section.
(E) Whoever violates this section shall be punished as
provided in section 4513.99 of the Revised Code.
Sec. 4513.12.
(A) Any motor vehicle may be equipped with
not more
than one
spotlight and every lighted spotlight shall be
so aimed and used upon
approaching another vehicle that no part of
the high-intensity portion of the
beam will be directed to the
left of the prolongation of the extreme left side
of the vehicle,
nor more than one hundred feet ahead of the vehicle.
Any motor vehicle may be equipped with not more than three
auxiliary driving
lights mounted on the front of the vehicle. The
director of public safety
shall prescribe specifications for
auxiliary driving lights and regulations
for
their use, and any
such lights which do not conform to said specifications and
regulations shall not be used.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.13.
(A) Any motor vehicle may be equipped with
side cowl
or fender
lights which shall emit a white or amber light
without glare.
Any motor vehicle may be equipped with lights on each side
thereof which shall
emit a white or amber light without glare.
Any motor vehicle may equipped with back-up lights, either
separately or in
combination with another light. No back-up
lights shall be continuously
lighted when the motor vehicle is in
forward motion.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.14.
(A) At all times mentioned in section 4513.03
of the
Revised Code
at
least two lighted lights shall be
displayed, one near each side of the front
of
every motor vehicle
and trackless trolley, except when such vehicle or
trackless
trolley is parked subject to the regulations governing lights on
parked vehicles and trackless trolleys.
The director of public safety shall prescribe and promulgate
regulations
relating to the design and use of such lights and such
regulations shall be in
accordance with currently recognized
standards.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.15.
(A) Whenever a motor vehicle is being
operated on a
roadway or
shoulder adjacent thereto during the
times specified in section 4513.03 of the
Revised Code, the driver
shall use a distribution of light, or composite beam,
directed
high enough and of sufficient intensity to reveal persons,
vehicles,
and substantial objects at a safe distance in advance of
the vehicle, subject
to the following requirements;
(A)(1) Whenever the driver of a vehicle approaches an
oncoming vehicle, such
driver shall use a distribution of light,
or composite beam, so aimed that the
glaring rays are not
projected into the eyes of the oncoming driver.
(B)(2) Every new motor vehicle registered in this state,
which has multiple-beam
road lighting equipment shall be equipped
with a beam indicator, which shall
be
lighted whenever the
uppermost distribution of light from the headlights is in
use, and
shall not otherwise be lighted. Said indicator shall be so
designed
and located that, when lighted, it will be readily
visible without glare to
the
driver of the vehicle.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.16.
(A) Any motor vehicle may be operated under
the
conditions
specified
in section 4513.03 of the Revised Code
when it is equipped with two lighted
lights upon the front thereof
capable of revealing persons and substantial
objects seventy-five
feet ahead, in lieu of lights required in section 4513.14
of the
Revised Code, provided that such vehicle shall not be operated at
a
speed in excess of twenty miles per hour.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.17. (A) Whenever a motor vehicle equipped with
headlights also is equipped with any auxiliary lights or
spotlight
or any other light on the front thereof projecting a
beam of an
intensity greater than three hundred candle power, not
more than a
total of five of any such lights on the front of a
vehicle shall
be lighted at any one time when the vehicle
is upon a highway.
(B) Any lighted light or illuminating device upon a motor
vehicle, other than headlights, spotlights, signal lights, or
auxiliary driving lights, that projects a beam of light of
an
intensity greater than three hundred candle power, shall be so
directed that no part of the beam will strike the level of the
roadway on which the vehicle stands at a distance of more than
seventy-five feet from the vehicle.
(C)(1) Flashing lights are prohibited on motor vehicles,
except as a means for indicating a right or a left turn, or in
the
presence of a vehicular traffic hazard requiring unusual care
in
approaching, or overtaking or passing. This prohibition does
not
apply to emergency vehicles, road service vehicles servicing
or
towing a disabled vehicle, traffic line stripers, snow plows,
rural mail delivery vehicles, vehicles as provided in section
4513.182 of the Revised Code, department of transportation
maintenance vehicles, funeral hearses, funeral escort vehicles,
and similar equipment operated by the department or local
authorities, which shall be equipped with and display, when used
on a street or highway for the special purpose necessitating such
lights, a flashing, oscillating, or rotating amber light, but
shall not display a flashing, oscillating, or rotating light of
any other color, nor to vehicles or machinery permitted by
section
4513.11 of the Revised Code to have a flashing red light.
(2) When used on a street or highway, farm machinery and
vehicles
escorting farm machinery may be equipped with and display
a flashing,
oscillating, or rotating amber light, and the
prohibition contained in division
(C)(1) of this section does not
apply to such machinery or vehicles.
Farm machinery also may
display the lights described in section 4513.11 of the Revised
Code.
(D) Except a person operating a public safety vehicle, as
defined in division (E) of section 4511.01 of the Revised Code,
or
a school bus, no person shall operate, move, or park upon, or
permit to stand within the right-of-way of any public street or
highway any vehicle or equipment that is equipped with and
displaying a flashing red or a flashing combination red and white
light, or an oscillating or rotating red light, or a combination
red and white oscillating or rotating light; and except a public
law enforcement officer, or other person sworn to enforce the
criminal and traffic laws of the state, operating a public safety
vehicle when on duty, no person shall operate, move, or park
upon,
or permit to stand within the right-of-way of any street or
highway any vehicle or equipment that is equipped with, or
upon
which is mounted, and displaying a flashing blue or a flashing
combination blue and white light, or an oscillating or rotating
blue light, or a combination blue and white oscillating or
rotating light.
(E) This section does not prohibit the use of
warning lights
required by law or the simultaneous
flashing of turn signals on
disabled vehicles or on vehicles being operated
in unfavorable
atmospheric conditions in order to enhance their visibility.
This
section also does not prohibit the simultaneous flashing of turn
signals
or warning lights either on farm machinery or vehicles
escorting farm
machinery, when used on a street or highway.
(F)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.171.
(A) Notwithstanding any other provision of
law, a
motor
vehicle operated by a coroner, deputy coroner, or
coroner's investigator may
be equipped with a flashing,
oscillating, or rotating red or blue light and a
siren, whistle,
or bell capable of emitting sound audible under normal
conditions
from a distance of not less than five hundred feet. Such a
vehicle
may display the flashing, oscillating, or rotating red or
blue light and may
give the audible signal of the siren, exhaust
whistle, or bell only when
responding to a fatality or a fatal
motor vehicle accident on a street or
highway and only at those
locations where the stoppage of traffic impedes the
ability of the
coroner, deputy coroner, or coroner's investigator to arrive at
the site of the fatality.
This section does not relieve a coroner, deputy coroner, or
coroner's
investigator operating a motor vehicle from the duty to
drive with due regard
for the safety of all persons and property
upon the highway.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.18.
(A) The director of transportation shall
adopt
standards and
specifications applicable to headlights,
clearance lights, identification, and
other lights, on snow
removal equipment when operated on the highways, and on
vehicles
operating under special permits pursuant to section 4513.34 of the
Revised Code, in lieu of the lights otherwise required on motor
vehicles.
Such
standards and specifications may permit the use of
flashing lights for
purposes
of identification on snow removal
equipment, and oversize vehicles when in
service upon the
highways. The standards and specifications for lights
referred to
in this section shall correlate with and, so far as possible,
conform with those approved by the American association of state
highway
officials.
It is unlawful to operate snow removal equipment on a highway
unless the
lights
thereon comply with and are lighted when and as
required by the standards and
specifications adopted as provided
in this section.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.182. (A) No person shall operate any motor
vehicle owned, leased, or hired by a nursery school,
kindergarten,
or day-care center, while transporting preschool
children to or
from such an institution unless the motor vehicle
is equipped with
and displaying two amber flashing lights mounted
on a bar attached
to the top of the vehicle, and a sign bearing
the designation
"caution--children," which shall be attached to
the bar carrying
the amber flashing lights in such a manner as to
be legible to
persons both in front of and behind the vehicle.
The lights and
sign shall meet standards and specifications
adopted by the
director of public safety. The director, subject
to Chapter 119.
of the Revised Code, shall adopt standards and
specifications for
the lights and sign, which shall include, but
are not limited to,
requirements for the color and size of
lettering to be used on the
sign, the type of material to be used
for the sign, and the method
of mounting the lights and sign so
that they can be removed from a
motor vehicle being used for
purposes other than those specified
in this section.
(B) No person shall operate a motor vehicle displaying the
lights and sign required by this section for any purpose other
than the transportation of preschool children as provided in this
section.
(C)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.19.
(A) No person shall use any lights mentioned
in
sections 4513.03 to
4513.18 of the Revised Code, upon any motor
vehicle, trailer, or
semitrailer
unless said lights are equipped,
mounted, and adjusted as to focus and aim in
accordance with
regulations which are prescribed by the director of public
safety.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.20.
(A) The following requirements govern as to
brake equipment on vehicles:
(A)(1) Every trackless trolley and motor vehicle, other than
a motorcycle, when operated upon a highway shall be equipped with
brakes adequate to control the movement of and to stop and hold
such trackless trolley or motor vehicle, including two separate
means of applying the brakes, each of which means shall be
effective to apply the brakes to at least two wheels. If these
two separate means of applying the brakes are connected in any
way, then on such trackless trolleys or motor vehicles
manufactured or assembled after January 1, 1942, they shall be so
constructed that failure of any one part of the operating
mechanism shall not leave the trackless trolley or motor vehicle
without brakes on at least two wheels.
(B)(2) Every motorcycle, when operated upon a highway shall
be equipped with at least one adequate brake, which may be
operated by hand or by foot.
(C)(3) Every motorized bicycle shall be equipped with brakes
meeting the rules adopted by the director of public safety under
section 4511.521 of the Revised Code.
(D)(4) When operated upon the
highways of this state, the
following vehicles shall be equipped
with brakes adequate to
control the movement of and to stop and to hold the vehicle,
designed to be
applied by the driver of the
towing motor vehicle
from its cab, and
also designed
and connected so that, in case of
a breakaway of the towed vehicle, the
brakes shall be
automatically applied:
(1)(a) Every trailer or semitrailer, except a pole trailer,
with an
empty weight of two thousand pounds or more, manufactured
or assembled
on or after January 1, 1942;
(2)(b) Every manufactured home or travel trailer with an
empty
weight of two thousand pounds or more, manufactured or
assembled on or
after January 1, 2001.
(E)(5) In any combination of motor-drawn trailers or
semitrailers equipped with brakes, means shall be provided for
applying the rearmost brakes in approximate synchronism with the
brakes on the towing vehicle, and developing the required braking
effort on the rearmost wheels at the fastest rate; or means shall
be provided for applying braking effort first on the rearmost
brakes; or both of the above means, capable of being used
alternatively, may be employed.
(F)(6) Every vehicle and combination of vehicles, except
motorcycles and motorized bicycles, and except trailers and
semitrailers of a gross weight of less than two thousand pounds,
and pole trailers, shall be equipped with parking brakes adequate
to hold the vehicle on any grade on which it is operated, under
all conditions of loading, on a surface free from snow, ice, or
loose material. The parking brakes shall be capable of being
applied in conformance with the foregoing requirements by the
driver's muscular effort or by spring action or by equivalent
means. Their operation may be assisted by the service brakes or
other source of power provided that failure of the service brake
actuation system or other power assisting mechanism will not
prevent the parking brakes from being applied in conformance with
the foregoing requirements. The parking brakes shall be so
designed that when once applied they shall remain applied with
the
required effectiveness despite exhaustion of any source of
energy
or leakage of any kind.
(G)(7) The same brake drums, brake shoes and lining
assemblies, brake shoe anchors, and mechanical brake shoe
actuation mechanism normally associated with the wheel brake
assemblies may be used for both the service brakes and the
parking
brakes. If the means of applying the parking brakes and
the
service brakes are connected in any way, they shall be so
constructed that failure of any one part shall not leave the
vehicle without operative brakes.
(H)(8) Every trackless trolley, motor vehicle, or
combination
of motor-drawn vehicles shall be capable at all times
and under
all conditions of loading of being stopped on a dry,
smooth,
level road free from loose material, upon application of
the
service or foot brake, within the following specified
distances,
or shall be capable of being decelerated at a sustained
rate
corresponding to these distances:
(1)(a) Trackless trolleys, vehicles, or combinations of
vehicles having brakes on all wheels shall come to a stop in
thirty feet or less from a speed of twenty miles per hour.
(2)(b) Vehicles or combinations of vehicles not having
brakes
on all wheels shall come to a stop in forty feet or less
from a
speed of twenty miles per hour.
(I)(9) All brakes shall be maintained in good working order
and shall be so adjusted as to operate as equally as practicable
with respect to the wheels on opposite sides of the trackless
trolley or vehicle.
(B) Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.201. (A) No hydraulic brake fluid for use in
motor vehicles
shall be sold in this state if the brake fluid is
below the
minimum standard
of specifications for heavy duty type
brake fluid established by the
society of automotive engineers and
the standard of specifications
established by
49 C.F.R. 571.116,
as amended.
(B) All manufacturers, packers, or distributors of brake
fluid selling such
fluid in this state shall state on the
containers that the brake fluid therein
meets or exceeds the
applicable minimum SAE standard of
specifications and the
standard
of specifications established in 49
C.F.R. 571.116, as amended.
(C)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.202. (A) No brake lining, brake lining
material,
or brake lining assemblies for use as repair and
replacement parts
in motor vehicles shall be sold in this state
if these items do
not meet or exceed the minimum standard
of specifications
established by the society of
automotive engineers and the
standard of
specifications established in 49 C.F.R. 571.105, as
amended, and 49 C.F.R. 571.135, as amended.
(B) All manufacturers or distributors of brake lining,
brake
lining material, or brake lining assemblies selling
these items
for use as repair and replacement parts in motor vehicles
shall
state that the items meet or exceed
the applicable minimum
standard of specifications.
(C)
Whoever violates this section shall be punished as
provided in section
4513.99 of the Revised Code.
(D) As used in this section, "minimum standard of
specifications" means a minimum standard for brake system or brake
component performance
that meets the need for
motor vehicle safety
and complies with the applicable SAE standards
and recommended
practices, and the federal motor vehicle safety
standards that
cover the same
aspect of performance for any brake lining, brake
lining material, or brake
lining assemblies.
Sec. 4513.21.
(A) Every motor vehicle or trackless trolley
when operated upon a highway shall be equipped with a horn which
is in good working order and capable of emitting sound audible,
under normal conditions, from a distance of not less than two
hundred feet.
No motor vehicle or trackless trolley shall be equipped
with,
nor shall any person use upon a vehicle, any siren,
whistle, or
bell. Any vehicle may be equipped with a theft alarm
signal
device which shall be so arranged that it cannot be used
as an
ordinary warning signal. Every emergency vehicle shall be
equipped with a siren, whistle, or bell, capable of emitting
sound
audible under normal conditions from a distance of not less
than
five hundred feet and of a type approved by the director of
public
safety. Such equipment shall not be used except when such
vehicle
is operated in response to an emergency call or is in the
immediate pursuit of an actual or suspected violator of the law,
in which case the driver of the emergency vehicle shall sound
such
equipment when it is necessary to warn pedestrians and other
drivers of the approach thereof.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.22.
(A) Every motor vehicle and motorcycle with
an
internal combustion engine shall at all times be equipped with
a
muffler which is in good working order and in constant operation
to prevent excessive or unusual noise, and no person shall use a
muffler cutout, by-pass, or similar device upon a motor vehicle
on
a highway. Every motorcycle muffler shall be equipped with
baffle
plates.
No person shall own, operate, or have in
his
the person's
possession any motor vehicle or motorcycle equipped with a device
for
producing
excessive smoke or gas, or so equipped as to permit
oil or any
other chemical to flow into or upon the exhaust pipe or
muffler
of such vehicle, or equipped in any other way to produce
or emit
smoke or dangerous or annoying gases from any portion of
such
vehicle, other than the ordinary gases emitted by the exhaust
of
an internal combustion engine under normal operation.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.23.
(A) Every motor vehicle, motorcycle, and
trackless
trolley shall be
equipped with a mirror so located as to
reflect to the operator a view of the
highway to the rear of such
vehicle, motorcycle, or trackless trolley.
Operators of vehicles,
motorcycles, streetcars, and trackless trolleys shall
have a clear
and unobstructed view to the front and to both sides of their
vehicles, motorcycles, streetcars, or trackless trolleys and shall
have a
clear
view to the rear of their vehicles, motorcycles,
streetcars, or trackless
trolleys by mirror.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.24. (A) No person shall drive any motor vehicle
on a
street or highway in this state, other than a motorcycle or
motorized bicycle,
that is not equipped with a windshield.
(B) No person shall drive any motor vehicle,
other than a
bus, with any sign, poster, or other nontransparent
material upon
the front windshield, sidewings, side, or rear
windows of such
vehicle other than a certificate or other paper
required to be
displayed by law, except that there may be in the
lower left-hand
or right-hand corner of the windshield a sign,
poster, or decal
not to exceed four inches in height by six
inches in width. No
sign, poster, or decal shall be displayed in
the front windshield
in such a manner as to conceal the vehicle
identification number
for the motor vehicle when, in accordance
with federal law, that
number is located inside the vehicle
passenger compartment and so
placed as to be readable through the
vehicle glazing without
moving any part of the vehicle.
(C) The windshield on every motor vehicle, streetcar, and
trackless trolley shall be equipped with a device for cleaning
rain, snow, or other moisture from the windshield. The
device
shall be maintained in good working order and so constructed as
to
be controlled or operated by the operator of the vehicle,
streetcar, or trackless trolley.
(D)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.241. (A) The director of public safety, in
accordance with Chapter 119. of the Revised Code, shall adopt
rules governing the use of tinted glass, and the use of
transparent, nontransparent, translucent, and reflectorized
materials in or on motor vehicle windshields, side windows,
sidewings, and rear windows that prevent a person of normal
vision
looking into the motor vehicle from seeing or identifying
persons
or objects inside the motor vehicle.
(B) The rules adopted under this section may provide for
persons who meet either of the following qualifications:
(1) On
November 11, 1994, or the effective date of
this
section or of any rule
adopted under this section, own a motor
vehicle that does not
comform
conform to the requirements of this
section or of any
rule
adopted under this section;
(2) Establish residency in this state and are required to
register a motor vehicle that does not conform to the
requirements
of this section or of any rule adopted under this
section.
(C) No person shall operate, on any highway or other
public
or private property open to the public for vehicular
travel or
parking, lease, or rent any motor vehicle that is
registered in
this state unless the motor vehicle conforms to the
requirements
of this section and of any applicable rule adopted
under this
section.
(D) No person shall install in or on any motor vehicle,
any
glass or other material that fails to conform to the
requirements
of this section or of any rule adopted under this
section.
(E) No used motor vehicle dealer or new motor vehicle
dealer, as defined in section 4517.01 of the Revised Code, shall
sell any motor vehicle that fails to conform to the requirements
of this section or of any rule adopted under this section.
(F) No reflectorized materials shall be permitted upon or
in
any front windshield, side windows, sidewings, or rear window.
(G) This section does not apply to the manufacturer's
tinting or glazing of motor vehicle windows or windshields that
is
otherwise in compliance with or permitted by federal motor
vehicle
safety standard number two hundred five.
(H) With regard to any side window behind a driver's seat or
any rear window
other than any window on an emergency door, this
section does not apply to any
school bus used to transport a
handicapped child pursuant to a special
education program under
Chapter 3323. of the Revised Code, whom it is
impossible or
impractical to transport by regular school bus in the course of
regular route transportation provided by a school district. As
used in this
division, "handicapped child" and "special education
program" have the same
meanings as in section 3323.01 of the
Revised Code.
(I) This section does not apply to any school bus that is to
be sold and
operated outside this state.
(J)
Whoever violates division (C), (D),
(E), or (F) of this
section is guilty of a minor
misdemeanor.
Sec. 4513.242.
(A) Notwithstanding section 4513.24 and
division
(F) of section 4513.241 of the
Revised Code
or any rule
adopted thereunder, a decal, whether reflectorized or not, may be
displayed upon any side window or sidewing of a motor vehicle if
all of the
following are met:
(A)(1) The decal is necessary for public
or private security
arrangements to which the motor vehicle periodically is
subjected;
(B)(2) The decal is no larger than is
necessary to
accomplish the security arrangements;
(C)(3) The decal does not obscure the
vision of the motor
vehicle operator or prevent a person looking into the
motor
vehicle from seeing or identifying persons or objects inside the
motor
vehicle.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.25.
(A) Every solid tire, as defined in section
4501.01
of the Revised
Code, on a vehicle shall have rubber or
other resilient material on its entire
traction surface at least
one inch thick above the edge of the flange of the
entire
periphery.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.26.
(A) No person shall sell any new motor
vehicle nor
shall any new
motor vehicle be registered, and no
person shall operate any motor vehicle,
which is registered in
this state and which has been manufactured or assembled
on or
after January 1, 1936, unless the motor vehicle is equipped
with
safety glass
wherever glass is used in the windshields, doors,
partitions, rear windows,
and
windows on each side immediately
adjacent to the rear window.
"Safety glass" means any product composed of glass so
manufactured,
fabricated,
or treated as substantially to prevent
shattering and flying of the glass when
it is struck or broken, or
such other or similar product as may be approved by
the registrar
of motor vehicles.
Glass other than safety glass shall not be offered for sale,
or sold for use
in, or installed in any door, window, partition,
or windshield
that is
required by this section to be equipped with
safety glass.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.261. (A)(1) No person shall operate
any motor
vehicle manufactured or assembled on or after
January 1, 1954,
unless the vehicle is equipped with
electrical or mechanical
directional signals.
(2) No person shall operate any motorcycle or motor-driven
cycle
manufactured or assembled on or after January 1, 1968,
unless the
vehicle is equipped with electrical or mechanical
directional signals.
(B) "Directional signals" means an electrical or mechanical
signal
device capable
of clearly indicating an intention to turn
either to the right or to the left
and which shall be visible from
both the front and rear.
(C) All mechanical signal devices shall be self-illuminating
devices
when in use at
the times mentioned in section 4513.03 of
the Revised Code.
(D) Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4513.262.
(A) As used in this section and in section
4513.263 of the Revised Code, the component parts of a "seat
safety belt" include a belt, anchor attachment assembly, and a
buckle or closing device.
(A)(B) No person shall sell, lease, rent, or operate any
passenger car, as defined in division (E) of section 4501.01 of
the Revised Code, that is registered or to be registered in this
state and that is manufactured or assembled on or after January
1,
1962, unless the passenger car is equipped with sufficient
anchorage units at the attachment points for attaching at least
two sets of seat safety belts to its front seat. Such anchorage
units at the attachment points shall be of such construction,
design, and strength to support a loop load pull of not less than
four thousand pounds for each belt.
(B)(C) No person shall sell, lease, or rent any passenger
car, as defined in division (E) of section 4501.01 of the Revised
Code, that is registered or to be registered in this state and
that is manufactured or assembled on or after January 1, 1966,
unless the passenger car has installed in its front seat at least
two seat safety belt assemblies.
(C)(D) After January 1, 1966, neither any seat safety belt
for use in a motor vehicle nor any component part of any such
seat
safety belt shall be sold in this state unless the seat
safety
belt or the component part satisfies the minimum standard
of
specifications established by the society of automotive
engineers
for automotive seat belts and unless the seat safety
belt or
component part is labeled so as to indicate that it meets
those
minimum standard specifications.
(D)(E) Each sale, lease, or rental in violation of this
section constitutes a separate offense.
(F) Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4513.263. (A) As used in this section and in section
4513.99 of the Revised Code:
(1) "Automobile" means any commercial tractor, passenger
car, commercial car, or truck that is required to be
factory-equipped with an occupant restraining device for the
operator or any passenger by regulations adopted by the United
States secretary of transportation pursuant to the "National
Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 719, 15
U.S.C.A. 1392.
(2) "Occupant restraining device" means a seat safety
belt,
shoulder belt, harness, or other safety device for
restraining a
person who is an operator of or passenger in an
automobile and
that satisfies the minimum federal vehicle safety
standards
established by the United States department of
transportation.
(3) "Passenger" means any person in an automobile, other
than its operator, who is occupying a seating position for which
an occupant restraining device is provided.
(4) "Commercial tractor," "passenger car," and "commercial
car" have the same meanings as in section 4501.01 of the Revised
Code.
(5) "Vehicle" and "motor vehicle," as used in the
definitions of the terms set forth in division (A)(4) of this
section, have the same meanings as in section 4511.01 of the
Revised Code.
(B) No person shall do any of the following:
(1) Operate an automobile on any street or highway unless
that person is wearing all of the available elements of a properly
adjusted occupant restraining device, or operate a school bus
that
has an occupant restraining device installed for use in its
operator's seat unless that person is wearing all of the available
elements of the device, as properly adjusted;
(2) Operate an automobile on any street or highway unless
each passenger in the automobile who is subject to the
requirement
set forth in division (B)(3) of this section is
wearing all of the
available elements of a properly adjusted
occupant restraining
device;
(3) Occupy, as a passenger, a seating position on the
front
seat of an automobile being operated on any street or
highway
unless that person is wearing all of the available elements
of a
properly adjusted occupant restraining device;
(4) Operate a taxicab on any street or highway unless all
factory-equipped occupant restraining devices in the taxicab are
maintained in usable form.
(C) Division (B)(3) of this section does not apply to a
person who is required by section 4511.81 of the Revised Code to
be secured in a child restraint device. Division (B)(1) of this
section does not apply to a person who is an employee of the
United States postal service or of a newspaper home delivery
service, during any period in which the person is engaged in the
operation of an automobile to deliver mail or newspapers to
addressees. Divisions (B)(1) and (3) of this section do not
apply
to a person who has an affidavit signed by a physician
licensed to
practice in this state under Chapter 4731. of the
Revised Code or
a chiropractor licensed to practice in this state
under Chapter
4734. of the Revised Code that states that the
person has a
physical impairment that makes use of an occupant
restraining
device impossible or impractical.
(D) Notwithstanding any provision of law to the contrary,
no
law enforcement officer shall cause an operator of an
automobile
being operated on any street or highway to stop the
automobile for
the sole purpose of determining whether a
violation of division
(B) of this section has been or is being
committed or for the sole
purpose of issuing a ticket, citation,
or summons for a violation
of that nature or
causing the arrest of or
commencing a
prosecution of a person for a violation of
that nature, and no
law
enforcement officer shall view the interior or visually
inspect
any automobile being operated on any street or highway
for the
sole purpose of determining whether a violation of that
nature has
been or is being committed.
(E) All fines collected for violations of division (B) of
this section, or for violations of any ordinance or resolution of
a political subdivision that is substantively comparable to that
division, shall be forwarded to the treasurer of state for deposit
as follows:
(1) Eight per cent shall be deposited into the seat belt
education fund, which is hereby created in the state treasury,
and
shall be used by the department of public safety to establish a
seat belt education program.
(2) Eight per cent shall be deposited into the elementary
school program fund, which is hereby created in the state
treasury,
and shall be used by the department of public safety to
establish
and administer elementary school programs that encourage
seat safety
belt use.
(3) Two per cent shall be
deposited into the Ohio
ambulance
licensing trust fund created by section 4766.05 of the
Revised
Code.
(4) Twenty-eight per cent shall be deposited into the
trauma
and emergency medical services fund, which is hereby created in
the
state treasury, and shall be used by the department of public
safety for the administration of the division of emergency
medical
services and the state board of emergency medical services.
(5) Fifty-four per cent shall be
deposited
into the trauma
and emergency
medical services grants fund, which is hereby
created in the state
treasury, and shall be used by the state
board of emergency
medical services to make grants, in accordance
with section
4765.07 of the Revised Code and rules the board
adopts
under
section 4765.11 of the Revised Code.
(F)(1) Subject to division (F)(2) of this section, the
failure of a person to wear all of the available elements of a
properly adjusted occupant restraining device
or
to ensure that
each
passenger of an automobile
being
operated by
the person is
wearing all of the available
elements of
such a
device,
in
violation of division (B) of this
section, shall
not
be
considered
or used as
evidence of negligence or contributory negligence,
shall not diminish
recovery
for damages in
any civil action
involving the person arising from the ownership,
maintenance, or
operation of an automobile; shall not be used as
a
basis for a
criminal prosecution of the person other than a
prosecution for a
violation of this section; and shall not be
admissible as evidence
in
any civil or criminal action involving
the person other than a
prosecution for a violation of this
section.
(2) If, at the time of an accident involving a passenger
car
equipped with occupant restraining devices, any occupant of
the
passenger car who sustained injury or death was not wearing
an
available occupant restraining device, was not wearing all of
the
available elements of such a device, or was not wearing such
a
device as properly adjusted, then, consistent with the Rules of
Evidence, the fact that the occupant was not wearing the
available
occupant restraining device, was not wearing all of the
available
elements of such a device, or was not wearing such a
device as
properly adjusted is admissible in evidence in relation
to any
claim for relief in a tort action to the extent that the
claim for
relief satisfies all of the following:
(a) It seeks to recover damages for injury or death to the
occupant.
(b) The defendant in question is the manufacturer,
designer,
distributor, or seller of the passenger car.
(c) The claim for relief against the defendant in question
is that the injury or death sustained by the occupant was
enhanced
or aggravated by some design defect in the passenger car
or that
the passenger car was not crashworthy.
(3) As used in division (F)(2) of this section,
"tort
action" means a civil action for damages for injury, death, or
loss to person or property.
"Tort action" includes a product
liability claim that is subject to sections 2307.71 to 2307.80 of
the Revised Code, but does not include a civil action for damages
for a breach of a contract or another agreement between persons.
(G)(1) Whoever violates division (B)(1) of this section
shall be fined thirty dollars.
(2) Whoever violates division (B)(3) of this section shall
be fined twenty dollars.
(3) Except as otherwise provided in this division, whoever
violates division (B)(4) of this section is guilty of a minor
misdemeanor. If the offender previously has been convicted of or
pleaded guilty to a violation of division (B)(4) of this section,
whoever violates division (B)(4) of this section is guilty of a
misdemeanor of the third degree.
Sec. 4513.27. (A) No person shall operate any motor
truck,
trackless trolley, bus, or commercial tractor upon any
highway
outside the corporate limits of municipalities at any
time from
sunset to sunrise
unless there is carried in such vehicle and
trackless trolley,
except as provided in division (B) of this
section, the following
equipment which shall be of the types
approved by the director of
transportation:
(1) At least three flares or three red reflectors or three
red electric lanterns, each of which is capable of being seen and
distinguished at a distance of five hundred feet under normal
atmospheric conditions at night time;
(2) At least three red-burning fusees, unless red
reflectors
or red electric lanterns are carried;
(3) At least two red cloth flags, not less than twelve
inches square, with standards to support them;
(4) The type of red reflectors shall comply with such
standards and specifications in effect on September 16, 1963 or
later established by the interstate commerce commission and must
be certified as meeting such standards by underwriter's
laboratories.
(B) No person shall operate at the time and under the
conditions stated in this section any motor vehicle used in
transporting flammable liquids in bulk, or in transporting
compressed flammable gases, unless there is carried in such
vehicle three red electric lanterns or three red reflectors
meeting the requirements stated in division (A) of this section.
There shall not be carried in any such vehicle any flare, fusee,
or signal produced by a flame.
(C) This section does not apply to any person who operates
any motor vehicle in a work area designated by protection
equipment devices that are displayed and used in accordance with
the manual adopted by the department of transportation under
section 4511.09 of the Revised Code.
(D) Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.28. (A) Whenever any motor truck, trackless
trolley, bus, commercial tractor, trailer, semi-trailer, or pole
trailer is disabled upon the traveled portion of any highway or
the shoulder thereof outside of any municipality, or upon any
freeway, expressway, thruway and connecting, entering or exiting
ramps within a municipality, at any time when lighted lamps are
required on vehicles and trackless trolleys, the operator of such
vehicle or trackless trolley shall display the following warning
devices upon the highway during the time the vehicle or trackless
trolley is so disabled on the highway except as provided in
division (B) of this section:
(l) A lighted fusee shall be immediately placed on the
roadway at the traffic side of such vehicle or trackless trolley,
unless red electric lanterns or red reflectors are displayed.
(2) Within the burning period of the fusee and as promptly
as possible, three lighted flares or pot torches, or three red
reflectors or three red electric lanterns shall be placed on the
roadway as follows:
(a) One at a distance of forty paces or approximately one
hundred feet in advance of the vehicle;
(b) One at a distance of forty paces or approximately one
hundred feet to the rear of the vehicle or trackless trolley
except as provided in this section, each in the center of the
lane
of traffic occupied by the disabled vehicle or trackless
trolley;
(c) One at the traffic side of the vehicle or trackless
trolley.
(B) Whenever any vehicle used in transporting flammable
liquids in bulk, or in transporting compressed flammable gases,
is
disabled upon a highway at any time or place mentioned in
division
(A) of this section, the driver of such vehicle shall
display upon
the roadway the following warning devices:
(l) One red electric lantern or one red reflector shall be
immediately placed on the roadway at the traffic side of the
vehicle;
(2) Two other red electric lanterns or two other red
reflectors shall be placed to the front and rear of the vehicle
in
the same manner prescribed for flares in division (A) of this
section.
(C) When a vehicle of a type specified in division (B) of
this section is disabled, the use of flares, fusees, or any
signal
produced by flame as warning signals is prohibited.
(D) Whenever any vehicle or trackless trolley of a type
referred to in this section is disabled upon the traveled portion
of a highway or the shoulder thereof, outside of any
municipality,
or upon any freeway, expressway, thruway and
connecting, entering
or exiting ramps within a municipality, at
any time when the
display of fusees, flares, red reflectors, or
electric lanterns is
not required, the operator of such vehicle
or trackless trolley
shall display two red flags upon the roadway
in the lane of
traffic occupied by the disabled vehicle or
trackless trolley, one
at a distance of forty paces or
approximately one hundred feet in
advance of the vehicle or
trackless trolley, and one at a distance
of forty paces or
approximately one hundred feet to the rear of
the vehicle or
trackless trolley, except as provided in this
section.
(E) The flares, fusees, lanterns, red reflectors, and
flags
to be displayed as required in this section shall conform
with the
requirements of section 4513.27 of the Revised Code
applicable
thereto.
(F) In the event the vehicle or trackless trolley is
disabled near a curve, crest of a hill, or other obstruction of
view, the flare, flag, reflector, or lantern in that direction
shall be placed as to afford ample warning to other users of the
highway, but in no case shall it be placed less than forty paces
or approximately one hundred feet nor more than one hundred
twenty
paces or approximately three hundred feet from the
disabled
vehicle or trackless trolley.
(G) This section does not apply to the operator of any
vehicle in a work area designated by protection equipment devices
that are displayed and used in accordance with the manual adopted
by the department of transportation under section 4511.09 of the
Revised Code.
(H)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.29.
(A) Any person operating any vehicle
transporting explosives upon a highway shall at all times comply
with the following requirements:
(A)(1) Said vehicle shall be marked or placarded on each
side
and on the rear with the word "explosives" in letters not
less
than eight inches high, or there shall be displayed on the
rear
of such vehicle a red flag not less than twenty-four inches
square marked with the word "danger" in white letters six inches
high, or shall be marked or placarded in accordance with section
177.823 of the United States department of transportation
regulations.
(B)(2) Said vehicle shall be equipped with not less than two
fire extinguishers, filled and ready for immediate use, and
placed
at convenient points on such vehicle.
(C)(3) The director of transportation may promulgate such
regulations governing the transportation of explosives and other
dangerous articles by vehicles upon the highway as are reasonably
necessary to enforce sections 4513.01 to 4513.37 of the Revised
Code.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.30.
(A) No passenger-type vehicle shall be
operated on a
highway with
any load carried on such vehicle which
extends more than six inches beyond the
line of the fenders on the
vehicle's left side.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.31. (A) No vehicle shall be driven or moved on
any highway unless the vehicle is so constructed, loaded, or
covered as to prevent any of its load from dropping, sifting,
leaking, or otherwise escaping therefrom, except that sand or
other substance may be dropped for the purpose of securing
traction, or water or other substance may be sprinkled on a
roadway in cleaning or maintaining the roadway.
(B) Except for a farm vehicle used to transport
agricultural
produce or agricultural production materials or a
rubbish vehicle
in the process of acquiring its load, no vehicle
loaded with
garbage, swill, cans, bottles, waste paper, ashes,
refuse, trash,
rubbish, waste, wire, paper, cartons, boxes,
glass, solid waste,
or any other material of an unsanitary nature
that is susceptible
to blowing or bouncing from a moving vehicle
shall be driven or
moved on any highway unless the load is
covered with a sufficient
cover to prevent the load or any part
of the load from spilling
onto the highway.
(C)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.32.
(A) When one vehicle is towing another
vehicle,
the drawbar or other connection shall be of sufficient
strength
to pull all the weight towed thereby, and the drawbar or
other
connection shall not exceed fifteen feet from one vehicle to
the
other, except the connection between any two vehicles
transporting poles, pipe, machinery, or other objects of
structural nature which cannot readily be dismembered.
When one vehicle is towing another and the connection
consists only of a chain, rope, or cable, there shall be
displayed
upon such connection a white flag or cloth not less
than twelve
inches square.
In addition to such drawbar or other connection, each
trailer
and each semitrailer which is not connected to a
commercial
tractor by means of a fifth wheel shall be coupled
with stay
chains or cables to the vehicle by which it is being
drawn. The
chains or cables shall be of sufficient size and
strength to
prevent the towed vehicle's parting from the drawing
vehicle in
case the drawbar or other connection should break or
become
disengaged. In case of a loaded pole trailer, the
connecting pole
to the drawing vehicle shall be coupled to the
drawing vehicle
with stay chains or cables of sufficient size and
strength to
prevent the towed vehicle's parting from the drawing
vehicle.
Every trailer or semitrailer, except pole and cable
trailers
and pole and cable dollies operated by a public utility
as defined
in section 5727.01 of the Revised Code, shall be
equipped with a
coupling device, which shall be so designed and
constructed that
the trailer will follow substantially in the
path of the vehicle
drawing it, without whipping or swerving from
side to side.
Vehicles used to transport agricultural produce or
agricultural
production materials between a local place of
storage and supply
and the farm, when drawn or towed on a street
or highway at a
speed of twenty-five miles per hour or less, and
vehicles designed
and used exclusively to transport a boat
between a place of
storage and a marina, or in and around a
marina, when drawn or
towed on a street or highway for a distance
of no more than ten
miles and at a speed of twenty-five miles per
hour or less, shall
have a drawbar or other connection, including
the hitch mounted on
the towing vehicle, which shall be of
sufficient strength to pull
all the weight towed thereby. Only
one such vehicle used to
transport agricultural produce or
agricultural production
materials as provided in this section may
be towed or drawn at one
time, except as follows:
(A)(1) An agricultural
tractor may tow or draw more than one
such vehicle;
(B)(2) A pickup truck or
straight truck designed by the
manufacturer to carry a load of
not less than one-half ton and not
more than two tons may tow or
draw not more than two such vehicles
that are being used to
transport agricultural produce from the
farm to a local place of
storage. No vehicle being so towed by
such a pickup truck or straight truck
shall be considered to be a
motor vehicle.
(B)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.34.
(A) The director of transportation with
respect
to all highways
that are a part of the state highway
system and
local authorities with respect to highways under their
jurisdiction, upon application in writing and for good cause
shown,
may issue a special permit in writing authorizing the
applicant to operate or move a vehicle or combination of vehicles
of a size or weight of vehicle or load exceeding the maximum
specified in sections 5577.01 to 5577.09 of the Revised Code, or
otherwise not in conformity with sections 4513.01 to 4513.37 of
the Revised Code, upon any highway under the jurisdiction of the
authority granting
the permit.
For purposes of this section, the director may designate
certain
state highways or portions of state highways as special
economic development
highways. If an application submitted to the
director under this section
involves travel of a nonconforming
vehicle or combination of
vehicles upon a special economic
development highway, the
director, in determining whether good
cause has been shown
that issuance of a permit is justified, shall
consider the effect
the travel of the vehicle or combination of
vehicles will have on
the economic development in the area in
which the designated
highway or portion of highway is located.
(B) Notwithstanding sections 715.22
and 723.01 of the
Revised Code, the holder of a special permit
issued by the
director under this section may move the vehicle or
combination of
vehicles described in
the special permit on
any
highway
that is
a part of the state highway system
when the
movement is
partly
within and partly without the corporate limits
of a
municipal
corporation. No local authority shall require any
other
permit or
license or charge any license fee or other charge
against the
holder of a permit for the movement of a vehicle or
combination of
vehicles on any highway that is a part of the
state
highway
system.
The director shall not require the
holder of a
permit
issued by a local
authority
to obtain a special
permit for the
movement of vehicles
or combination of vehicles on
highways within
the jurisdiction of
the local authority. Permits
may be issued
for any period of
time not to exceed one year, as
the director in
the
director's discretion or a local
authority in its discretion
determines advisable,
or for the duration of any public
construction project.
(C) The application for a permit shall be in
the
form
that
the
director or local authority prescribes. The director
or local
authority may prescribe a permit fee to be imposed and
collected
when any permit described in this section is issued.
The
permit
fee may be in an amount sufficient to reimburse the
director or
local authority for the administrative costs incurred
in issuing
the permit, and also to cover the cost of the normal
and expected
damage caused to the roadway or a street or highway
structure as
the result of the operation of the nonconforming
vehicle or
combination of vehicles. The director, in accordance
with
Chapter
119. of the Revised Code, shall establish a schedule
of
fees for
permits issued by the director under this section.
For the purposes of this section and of rules adopted by
the
director under this section, milk transported in bulk by
vehicle
is deemed a nondivisible load.
(D) The director or local authority may issue or withhold a
permit. If a permit is to be issued, the director or local
authority may limit or prescribe conditions of operation for the
vehicle and may require the posting of a bond or other security
conditioned upon the sufficiency of the permit fee to compensate
for damage caused to the roadway or a street or highway
structure.
In addition, a local
authority, as a condition of issuance of an
overweight permit, may
require the applicant to develop and enter
into a mutual
agreement with the local authority to compensate
for
or to repair
excess damage caused to the roadway by travel
under
the permit.
For a permit that will allow travel of
a nonconforming
vehicle or combination of vehicles on a special economic
development highway, the director, as a condition of issuance, may
require the applicant to agree to make periodic payments to the
department to compensate for damage caused to the roadway by
travel under the permit.
(E) Every permit shall be carried in the vehicle or
combination
of vehicles to which it refers and shall be open to
inspection by
any police officer or authorized agent of any
authority granting
the permit. No person shall violate any of the
terms of a
permit.
(F)
Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.36.
(A) No person shall resist, hinder, obstruct,
or
abuse any sheriff,
constable, or other official while
such
that
official is
attempting to arrest
offenders under
any provision of
sections 4511.01 to 4511.78,
inclusive, 4511.99, and 4513.01
to
4513.37, inclusive, of the Revised Code. No person shall
interfere
with
any
person charged under
such
any provision of any
of those sections
with the enforcement of the law relative to
public highways.
(B)
Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4513.361.
(A) No person shall knowingly present,
display, or
orally
communicate a false name, social security
number, or date of birth to a law
enforcement officer who is in
the process of issuing to the person a traffic
ticket or
complaint.
(B) Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4513.51. (A) Except as provided in division (B) of
this
section, on and after July 1, 2001, no person shall operate a
bus,
nor shall any person being the owner of a bus or having
supervisory responsibility for a bus permit
the operation of any
bus, unless the bus displays a valid, current safety inspection
decal issued
by the state highway patrol under section 4513.52 of
the Revised
Code.
(B) For the purpose of complying with the requirements of
this
section and section 4513.52 of the Revised Code, the owner or
other operator of a bus may drive the bus directly to an
inspection site conducted by the state highway patrol and directly
back to
the person's place of business without a valid
registration and
without displaying a safety inspection decal,
provided that no
passengers may occupy the bus during such
operation.
(C) The registrar of motor vehicles shall not accept an
application for registration of a bus unless the bus owner
presents a valid safety inspection report for the applicable
registration year.
(D) Whoever violates division (A) of this section is guilty
of a misdemeanor of the first degree.
Sec. 4513.60. (A)(1) The sheriff of a county or chief of
police of a municipal corporation, township, or township police
district, within the sheriff's or chief's respective
territorial
jurisdiction, upon
complaint of any person adversely affected, may
order into
storage any motor vehicle, other than an abandoned junk
motor
vehicle as defined in section 4513.63 of the Revised Code,
that
has been left on private residential or private agricultural
property for at least four hours without the permission of the
person having the right to the possession of the property. The
sheriff or chief of police, upon complaint of the owner of a
repair garage or place of storage, may order into storage any
motor vehicle, other than an abandoned junk motor vehicle, that
has been left at the garage or place of storage for a longer
period than that agreed upon. The place of storage shall be
designated by the sheriff or chief of police. When ordering a
motor vehicle into storage pursuant to this division, a sheriff
or
chief of police, whenever possible, shall arrange for
the
removal
of the motor vehicle by a private tow truck
operator or
towing
company. Subject to division (C) of this section, the
owner of a
motor vehicle that has been removed pursuant to this
division may
recover the vehicle only in accordance with division
(E) of this
section.
(2) Divisions (A)(1) to (3) of this section do not apply
to
any private residential or private agricultural property that
is
established as a private tow-away zone in accordance with
division
(B) of this section.
(3) As used in divisions (A)(1) and (2) of this section,
"private residential property" means private property on which is
located one or more structures that are used as a home,
residence,
or sleeping place by one or more persons, if no more
than three
separate households are maintained in the structure or
structures.
"Private residential property" does not include any
private
property on which is located one or more structures that
are used
as a home, residence, or sleeping place by two or more
persons, if
more than three separate households are maintained in
the
structure or structures.
(B)(1) The owner of private property may establish a
private
tow-away zone only if all of the following conditions are
satisfied:
(a) The owner posts on the owner's property a sign, that is
at
least eighteen inches by twenty-four inches in size, that is
visible from all entrances to the property, and that contains at
least all of the following information:
(i) A notice that the property is a private tow-away zone
and that vehicles not authorized to park on the property will be
towed away;
(ii) The telephone number of the person from whom a
towed-away vehicle can be recovered, and the address of the place
to which the vehicle will be taken and the place from which it
may
be recovered;
(iii) A statement that the vehicle may be recovered at any
time during the day or night upon the submission of proof of
ownership and the payment of a towing charge, in an amount not to
exceed ninety dollars, and a storage charge, in an
amount not to
exceed twelve dollars per twenty-four-hour period; except
that the
charge for towing shall not exceed one hundred fifty dollars, and
the
storage charge shall not exceed twenty dollars per
twenty-four-hour period, if the vehicle has a
manufacturer's gross
vehicle
weight rating in excess of ten thousand pounds
and is a
truck, bus,
or a combination of a commercial tractor and trailer
or
semitrailer.
(b) The place to which the towed vehicle is taken and from
which it may be recovered is conveniently located, is well
lighted, and is on or within a reasonable distance of a regularly
scheduled route of one or more modes of public transportation, if
any public transportation is available in the municipal
corporation or township in which the private tow-away zone is
located.
(2) If a vehicle is parked on private property that is
established as a private tow-away zone in accordance with
division
(B)(1) of this section, without the consent of the owner
of the
property or in violation of any posted parking condition
or
regulation, the owner or the owner's agent may remove, or
cause
the
removal of, the vehicle, the owner and the operator of the
vehicle shall be deemed to have consented to the removal and
storage of the vehicle and to the payment of the towing and
storage charges specified in division (B)(1)(a)(iii) of this
section, and the owner, subject to division (C) of this section,
may recover a vehicle that has been so removed only in accordance
with division (E) of this section.
(3) If a municipal corporation requires tow trucks and tow
truck operators to be licensed, no owner of private property
located within the municipal corporation shall remove, or shall
cause the removal and storage of, any vehicle pursuant to
division
(B)(2) of this section by an unlicensed tow truck or
unlicensed
tow truck operator.
(4) Divisions (B)(1) to (3) of this section do not affect
or
limit the operation of division (A) of this section or
sections
4513.61 to 4513.65 of the Revised Code as they relate to
property
other than private property that is established as a
private
tow-away zone under division (B)(1) of this section.
(C) If the owner or operator of a motor vehicle that has
been ordered into storage pursuant to division (A)(1) of this
section or of a vehicle that is being removed under authority of
division (B)(2) of this section arrives after the motor vehicle
or
vehicle has been prepared for removal, but prior to its actual
removal from the property, the owner or operator shall be given
the opportunity to pay a fee of not more than one-half of the
charge for the removal of motor vehicles under division (A)(1) of
this section or of vehicles under division (B)(2) of this
section,
whichever is applicable, that normally is assessed by
the person
who has prepared the motor vehicle or vehicle for
removal, in
order to obtain release of the motor vehicle or
vehicle. Upon
payment of that fee, the motor vehicle or vehicle
shall be
released to the owner or operator, and upon its release,
the owner
or operator immediately shall move it so that:
(1) If the motor vehicle was ordered into storage pursuant
to division (A)(1) of this section, it is not on the private
residential or private agricultural property without the
permission of the person having the right to possession of the
property, or is not at the garage or place of storage without the
permission of the owner, whichever is applicable.
(2) If the vehicle was being removed under authority of
division (B)(2) of this section, it is not parked on the private
property established as a private tow-away zone without the
consent of the owner or in violation of any posted parking
condition or regulation.
(D)(1) If an owner of private property that is established
as a private tow-away zone in accordance with division (B)(1) of
this section or the authorized agent of such an owner removes or
causes the removal of a vehicle from that property under
authority
of division (B)(2) of this section, the owner or agent
promptly
shall notify the police department of the municipal
corporation,
township, or township police district in which the
property is
located, of the removal, the vehicle's license
number, make,
model, and color, the location from which it was
removed, the date
and time of its removal, the telephone number
of the person from
whom it may be recovered, and the address of
the place to which it
has been taken and from which it may be
recovered.
(2) Each county sheriff and each chief of police of a
municipal corporation, township, or township police district
shall
maintain a record of motor vehicles that the sheriff or
chief
orders into storage pursuant to division (A)(1) of this section
and
of vehicles removed from private property in the sheriff's or
chief's jurisdiction that
is established as a private tow-away
zone of which the sheriff or
chief has received notice under
division (D)(1) of this section. The
record shall include an
entry for each such motor vehicle or
vehicle that identifies the
motor vehicle's or vehicle's license
number, make, model, and
color, the location from which it was
removed, the date and time
of its removal, the telephone number
of the person from whom it
may be recovered, and the address of
the place to which it has
been taken and from which it may be
recovered. Any information in
the record that pertains to a
particular motor vehicle or vehicle
shall be provided to any
person who, either in person or pursuant
to a telephone call,
identifies self as the owner or operator of
the motor
vehicle or vehicle and requests information pertaining
to its location.
(3) Any person who registers a complaint that is the basis
of a sheriff's or police chief's order for the removal and
storage
of a motor vehicle under division (A)(1) of this section
shall
provide the identity of the law enforcement agency with
which the
complaint was registered to any person who identifies
self as the
owner or operator of the motor vehicle and
requests information
pertaining to its location.
(E) The owner of a motor vehicle that is ordered into
storage pursuant to division (A)(1) of this section or of a
vehicle that is removed under authority of division (B)(2) of
this
section may reclaim it upon payment of any expenses or
charges
incurred in its removal, in an amount not to exceed
ninety
dollars, and storage, in an amount not to exceed
twelve
dollars
per twenty-four-hour period; except that the charge for
towing
shall not exceed one hundred fifty dollars, and the storage
charge
shall not exceed twenty dollars per
twenty-four-hour
period, if
the vehicle has a manufacturer's gross vehicle
weight rating in
excess
of ten thousand pounds and is a truck, bus, or a
combination
of a commercial tractor and trailer or semitrailer.
Presentation
of proof of ownership, which may be evidenced by a
certificate of
title to the motor vehicle or vehicle also shall be
required for
reclamation of the vehicle. If a motor vehicle that
is ordered
into storage pursuant to division (A)(1) of this
section remains
unclaimed by the owner for thirty days, the
procedures
established by sections 4513.61 and 4513.62 of the
Revised Code
shall apply.
(F) No person shall remove, or cause the removal of, any
vehicle from private property that is established as a private
tow-away zone under division (B)(1) of this section other than in
accordance with division (B)(2) of this section, and no person
shall remove, or cause the removal of, any motor vehicle from any
other private property other than in accordance with division
(A)(1) of this section or sections 4513.61 to 4513.65 of the
Revised Code.
(G)(1) Whoever violates division (B)(3) of this section
is
guilty
of a minor misdemeanor.
(2) Except as otherwise provided in this division, whoever
violates division (F) of this section is guilty of a minor
misdemeanor. If the offender previously has been convicted of or
pleaded
guilty to a violation of division (F) of this section,
whoever violates division (F) of this section is guilty of a
misdemeanor of the third degree.
Sec. 4513.64.
(A) No person shall willfully leave an
abandoned
junk motor vehicle as defined in section 4513.63 of the
Revised
Code on private property for more than seventy-two hours
without
the permission of the person having the right to the
possession
of the property, or on a public street or other
property open to
the public for purposes of vehicular travel or
parking, or upon
or within the right-of-way of any road or
highway, for
forty-eight hours or longer without notification to
the sheriff
of the county or chief of police of the municipal
corporation,
township, or township police district of the reasons
for leaving
the motor vehicle in such place.
For purposes of this section, the fact that a motor vehicle
has been so left without permission or notification is
prima-facie
evidence of abandonment.
Nothing contained in sections 4513.60, 4513.61, and 4513.63
of the Revised Code shall invalidate the provisions of municipal
ordinances or township resolutions regulating or prohibiting the
abandonment of motor vehicles on streets, highways, public
property, or private property within municipal corporations or
townships.
(B)
Whoever violates this section is guilty of a minor
misdemeanor and shall also be assessed any costs incurred by the
county,
township, or municipal corporation in disposing of the
abandoned junk motor
vehicle that is the basis of the violation,
less any money accruing to the
county, to the township, or to the
municipal corporation from this disposal of
the vehicle.
Sec. 4513.65.
(A) For purposes of this section, "junk motor
vehicle" means any motor vehicle meeting the requirements of
divisions (B), (C), (D), and (E) of section 4513.63 of the
Revised
Code that is left uncovered in the open on private
property for
more than seventy-two hours with the permission of
the person
having the right to the possession of the property,
except if the
person is operating a junk yard or scrap metal
processing facility
licensed under authority of sections 4737.05
to 4737.12 of the
Revised Code, or regulated under authority of a
political
subdivision; or if the property on which the motor
vehicle is left
is not subject to licensure or regulation by any
governmental
authority, unless the person having the right to the
possession of
the property can establish that the motor vehicle
is part of a
bona fide commercial operation; or if the motor
vehicle is a
collector's vehicle.
No political subdivision shall prevent a person from
storing
or keeping, or restrict
him
a person in the method of
storing or
keeping, any collector's vehicle on private property with the
permission of the person having the right to the possession of
the
property; except that a political subdivision may require a
person
having such permission to conceal, by means of buildings,
fences,
vegetation, terrain, or other suitable obstruction, any
unlicensed
collector's vehicle stored in the open.
The sheriff of a county, or chief of police of a municipal
corporation, within
his
the sheriff's or chief's respective
territorial jurisdiction, a
state highway patrol trooper, a board
of township trustees, the
legislative authority of a municipal
corporation, or the zoning
authority of a township or a municipal
corporation, may send
notice, by certified mail with return
receipt requested, to the
person having the right to the
possession of the property on
which a junk motor vehicle is left,
that within ten days of
receipt of the notice, the junk motor
vehicle either shall be
covered by being housed in a garage or
other suitable structure,
or shall be removed from the property.
No person shall willfully leave a junk motor vehicle
uncovered in the open for more than ten days after receipt of a
notice as provided in this section. The fact that a junk motor
vehicle is so left is prima-facie evidence of willful failure to
comply with the notice, and each subsequent period of thirty days
that a junk motor vehicle continues to be so left constitutes a
separate offense.
(B) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor on a first
offense. If
the offender previously has been
convicted of or
pleaded guilty to one violation of this section,
whoever violates
this section is guilty of a misdemeanor of the
fourth degree. If
the offender previously has been convicted of
or pleaded guilty to
two or more violations of this section,
whoever violates this
section is guilty of a misdemeanor of the
third degree.
Sec. 4513.99. (A)
Whoever violates division (C), (D),
(E),
or (F) of section 4513.241, section 4513.261, 4513.262, or
4513.36, or division (B)(3) of section 4513.60 of the Revised
Code
is guilty of a minor misdemeanor.
(B) Whoever violates section 4513.02 or 4513.021, or
division (B)(4) of section 4513.263, or division (F) of section
4513.60 of the Revised Code is guilty of a minor misdemeanor on a
first offense; on a second or subsequent offense such person is
guilty of a misdemeanor of the third degree.
(C)
Any violation of section 4513.03, 4513.04, 4513.05,
4513.06,
4513.07, 4513.071, 4513.09, 4513.10, 4513.11, 4513.111,
4513.12,
4513.13, 4513.14,
4513.15, 4513.16, 4513.17, 4513.171,
4513.18,
4513.182, 4513.19,
4513.20, 4513.201, 4513.202, 4513.21,
4513.22,
4513.23, 4513.24,
4513.242, 4513.25, 4513.26, 4513.27,
4513.28,
4513.29, 4513.30,
4513.31, 4513.32, or 4513.34 of the
Revised Code
shall be punished
under division (B) of this section.
(B) Whoever violates
the sections of this chapter that are
specifically required to be punished under this division, or any
provision of sections 4513.03 to 4513.262 or
4513.27 to 4513.37 of
the Revised Code, for which violation no
penalty is otherwise
provided, is guilty of a minor misdemeanor
on a first offense; on
a second offense within one year after the
first offense,
such
the
person is guilty of a misdemeanor of the
fourth degree; on each
subsequent offense within one year after
the first offense,
such
the person is guilty of a misdemeanor of the
third degree.
(D) Whoever violates section 4513.64 of the Revised Code
is
guilty of a minor misdemeanor, and shall also be assessed any
costs incurred by the county, township, or municipal corporation
in disposing of such abandoned junk motor vehicle, less any money
accruing to the county, to the township, or to the municipal
corporation from such disposal.
(E) Whoever violates section 4513.65 of the Revised Code
is
guilty of a minor misdemeanor on a first offense; on a second
offense, such person is guilty of a misdemeanor of the fourth
degree; on each subsequent offense, such person is guilty of a
misdemeanor of the third degree.
(F) Whoever violates division (B)(1) of section 4513.263
of
the Revised Code shall be fined thirty dollars.
(G) Whoever violates division (B)(3) of section 4513.263
of
the Revised Code shall be fined twenty dollars.
(H) Whoever violates section 4513.361 or division (A) of
section 4513.51 of the Revised Code
is guilty of a misdemeanor of
the first degree.
Sec. 4517.02. (A) Except as otherwise provided in this
section, no person shall do any of the following:
(1) Engage in the business of displaying or selling at
retail new motor vehicles or assume to engage in such business,
unless the person is licensed as a new motor vehicle dealer under
sections 4517.01 to 4517.45 of the Revised Code, or is a
salesperson licensed under those sections and employed by a
licensed new motor vehicle dealer;
(2) Engage in the business of offering for sale,
displaying
for sale, or selling at retail or wholesale used motor
vehicles or
assume to engage in that business, unless the person is
licensed
as a dealer
under sections 4517.01 to 4517.45 of the Revised Code,
or is a
salesperson licensed under those sections and employed by
a
licensed used motor vehicle dealer or licensed new motor vehicle
dealer;
(3) Engage in the business of regularly making available,
offering to make available, or arranging for another person to
use
a motor vehicle, in the manner described in division (M) of
section 4517.01 of the Revised Code, unless the person is licensed
as a
motor vehicle leasing dealer under sections 4517.01 to
4517.45 of
the Revised Code;
(4) Engage in the business of motor vehicle auctioning or
assume to engage in such business, unless the person is licensed
as
a
motor vehicle auction owner under sections 4517.01 to 4517.45
and
4707.01 to 4707.99 of the Revised Code;
(5) Engage in the business of distributing motor vehicles
or
assume to engage in such business, unless the person is licensed
as a
distributor under sections 4517.01 to 4517.45 of the Revised
Code;
(6) Make more than five casual sales of motor vehicles in
a
twelve-month period, commencing with the day of the month in
which
the first such sale is made, nor provide a location or
space for
the sale of motor vehicles at a flea market, without
obtaining a
license as a dealer under sections 4517.01 to 4517.45
of the
Revised Code; provided however that nothing in this
section shall
be construed to prohibit the disposition without a
license of a
motor vehicle originally acquired and held for
purposes other than
sale, rental, or lease to an employee,
retiree, officer, or
director of the person making the
disposition, to a corporation
affiliated with the person making
the disposition, or to a person
licensed under sections 4517.01
to 4517.45 of the Revised Code;
(7) Engage in the business of brokering manufactured homes
unless that
person is licensed as a manufactured home broker under
sections 4517.01 to
4517.45 of the Revised Code.
(B) Nothing in this section shall be construed to require
an
auctioneer licensed under sections 4707.01 to 4707.19 of the
Revised Code, to obtain a motor vehicle salesperson's license
under sections 4517.01 to 4517.45 of the Revised Code when
conducting an auction sale for a licensed motor vehicle dealer on
the dealer's premises, or when conducting an auction sale for a
licensed motor vehicle auction owner; nor shall such an auctioneer
be required to obtain a motor vehicle auction owner's license
under sections 4517.01 to 4517.45 of the Revised Code when
engaged
in auctioning for a licensed motor vehicle auction owner.
(C) Sections 4517.01 to 4517.45 of the Revised Code do not
apply to any of the following:
(1) Persons engaging in the business of selling commercial
tractors, trailers, or semitrailers incidentally to engaging
primarily in business other than the selling or leasing of motor
vehicles;
(2) Mortgagees selling at retail only those motor vehicles
that have come into their possession by a default in the terms of
a mortgage contract;
(3) The leasing, rental, and interchange of motor vehicles
used directly in the rendition of a public utility service by
regulated motor carriers.
(D) When a partnership licensed under sections 4517.01 to
4517.45 of the Revised Code is dissolved by death, the surviving
partners may operate under the license for a period of sixty
days,
and the heirs or representatives of deceased persons and
receivers
or trustees in bankruptcy appointed by any competent
authority may
operate under the license of the person succeeded
in possession by
such heir, representative, receiver, or trustee
in bankruptcy.
(E) No remanufacturer shall engage in the business
of
selling at retail any new motor vehicle without having written
authority
from the manufacturer or distributor of the vehicle to
sell new motor vehicles
and to perform repairs under the terms of
the manufacturer's or distributor's
new motor vehicle warranty,
unless, at the time of the sale of the vehicle,
each customer is
furnished with a binding agreement ensuring that the customer
has
the right to have the vehicle serviced or repaired by a new motor
vehicle
dealer who is franchised to sell and service vehicles of
the same line-make as
the chassis of the remanufactured vehicle
purchased by the customer and whose
service or repair facility is
located within either twenty miles of the
remanufacturer's
location and place of business
or twenty miles of the
customer's
residence or place of business. If there is no such new motor
vehicle dealer located within twenty miles of the remanufacturer's
location
and
place of business or the customer's residence or
place of business, the
binding
agreement furnished to the customer
may be with the new motor vehicle dealer
who is franchised to sell
and service vehicles of the same line-make as the
chassis of the
remanufactured vehicle purchased by the customer and whose
service
or repair facility is located nearest to the remanufacturer's
location
and place of business or the customer's residence or
place of business.
Additionally, at the time of
sale of any
vehicle, each customer of the remanufacturer shall be furnished
with a warranty issued by the remanufacturer for a term of at
least one year.
(F)
Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor and shall
be subject to
a mandatory fine of one hundred
dollars. If the
offender previously has been convicted of or
pleaded guilty to a
violation of this section, whoever violates
this section is guilty
of a misdemeanor of the first degree and
shall be subject to a
mandatory fine of one thousand dollars.
Sec. 4517.03. (A) A place of business that is used for
selling, displaying, offering for sale, or dealing in motor
vehicles shall be considered as used exclusively for those
purposes even though snowmobiles, farm
machinery, outdoor power
equipment, watercraft and related
products, or products
manufactured or distributed by a motor vehicle manufacturer with
which the
motor vehicle
dealer has a franchise agreement are sold
or displayed there, or if
repair, accessory,
gasoline and oil,
storage, parts, service, or paint
departments
are maintained
there, or such products or services are provided
there, if the
departments are operated or
the products or
services are provided
for the business of selling, displaying,
offering for sale, or
dealing in motor vehicles. Places of
business or departments in a
place of business used to dismantle,
salvage, or rebuild motor
vehicles by means of using used parts,
are not considered as being
maintained for the purpose of
assisting or furthering the selling,
displaying, offering for
sale, or dealing in motor vehicles. A
place of business shall be considered
as used exclusively for
selling, displaying, offering for sale, or
dealing in motor
vehicles even though a business owned by a
motor vehicle leasing
dealer or a motor vehicle renting dealer
is located at the place
of
business.
(B) No new motor vehicle dealer shall sell, display, offer
for sale, or deal in motor vehicles at any place except an
established place of business that is used exclusively for the
purpose of selling, displaying, offering for sale, or dealing in
motor vehicles. The place of business shall have
space, under
roof, for the display of at
least one new motor vehicle and
facilities and space therewith
for the inspection, servicing, and
repair of at least one motor
vehicle; except that a new motor
vehicle dealer selling
manufactured or mobile homes is exempt from
the requirement that a
place of business have space, under roof,
for the display of at least
one new motor vehicle and facilities
and space for the
inspection, servicing, and repair of at least
one motor vehicle.
Nothing in Chapter 4517. of the Revised Code
shall be
construed as prohibiting the sale of a new or used
manufactured or
mobile home
located in a manufactured home park by a licensed new
or used motor
vehicle
dealer.
(C) No used motor vehicle dealer shall sell, display,
offer
for sale, or deal in motor vehicles at any place except an
established place of business that is used exclusively for the
purpose of selling, displaying, offering for sale, or dealing in
motor vehicles.
(D) No motor vehicle leasing dealer shall make a motor
vehicle available for use by another, in the manner described in
division (M) of section 4517.01 of the Revised Code, at any place
except an established place of business that is used for leasing
motor vehicles; except that a motor vehicle leasing dealer who is
also a new motor vehicle dealer or used motor vehicle dealer may
lease motor vehicles at the same place of business at which the
dealer sells,
offers for sale, or deals in new or used motor
vehicles.
(E) No motor vehicle leasing dealer or motor vehicle
renting
dealer
shall sell a motor vehicle within ninety days after a
certificate
of title to the motor vehicle is issued to the dealer,
except
when a salvage certificate of title is issued to replace
the
original certificate of title and except when a motor vehicle
leasing
dealer sells a motor vehicle to another motor vehicle
leasing dealer at the
end of a sublease pursuant to that sublease.
(F) No distributor shall distribute new motor vehicles to
new motor vehicle dealers at any place except an established
place
of business that is used exclusively for the purpose of
distributing new motor vehicles to new motor vehicle dealers;
except that a distributor who is also a new motor vehicle dealer
may distribute new motor vehicles at the same place of business
at
which the distributor sells, displays, offers for sale, or deals
in new motor vehicles.
(G) No person, firm, or corporation that sells, displays,
or
offers for sale tent-type fold-out camping trailers is subject
to
the requirement that the person's, firm's, or corporation's
place
of business be used exclusively
for the purpose of selling,
displaying, offering for sale, or
dealing in motor vehicles. No
person, firm, or
corporation that sells, displays, or offers for
sale tent-type fold-out
camping trailers, trailers, semitrailers,
or park
trailers is subject to the requirement
that the place
of
business have space, under roof, for the display of at least
one
new motor vehicle and facilities and space for the
inspection,
servicing, and repair of at least one motor vehicle.
(H) No manufactured or mobile home broker shall engage in
the business
of brokering
manufactured or mobile homes at any
place except an established place
of business that
is used
exclusively for the purpose of brokering manufactured or mobile
homes.
(I) Nothing in this section shall be construed to prohibit
persons licensed under this chapter from making sales calls.
(J)
Whoever violates this section is guilty of a misdemeanor
of the fourth degree.
(K) As used in this section:
(1) "Motor vehicle leasing dealer" has the same meaning as
in section
4517.01 of the Revised Code.
(2) "Motor vehicle renting dealer" has the same meaning as
in section
4549.65 of the Revised Code.
(3) "Watercraft" has the same meaning as in section 1547.01
of the
Revised Code.
Sec. 4517.19.
(A) No motor vehicle wholesaler shall:
(A)(1) Sell, offer for sale, or display for sale at
wholesale
a motor vehicle, when the motor vehicle wholesaler has
reasonable cause to believe that the
odometer of the motor vehicle
has been changed, tampered with, or
disconnected to reflect a
lesser mileage or use, unless the motor
vehicle wholesaler first
gives clear and unequivocal notice of the odometer's altered
condition;
(B)(2) Sell or offer for sale at wholesale a motor vehicle
unless the motor vehicle wholesaler is the legal owner of the
motor vehicle;
(C)(3) Sell, offer for sale, or display for sale at
wholesale
a motor vehicle without making available an odometer
disclosure
statement that is signed by the owner of the motor
vehicle as
required by section 4505.06 of the Revised Code and
that complies
with subchapter IV of the "Motor Vehicle Information
and Cost
Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981;
(D)(4) Fail, within ten days of acceptance of an offer for
sale at wholesale, to deliver an Ohio certificate of title or the
current certificate of title issued for the motor vehicle, and
all
title assignments that evidence the seller's ownership of the
motor vehicle, to the purchaser of the motor vehicle. Failure to
deliver title within ten days of acceptance of an offer for sale
at wholesale is grounds for rescission of the agreement to buy.
(B)
Except as otherwise provided in this division, whoever
violates this section is guilty of a misdemeanor of the second
degree. If the
offender previously has been
convicted of or
pleaded guilty to a violation of this section,
whoever violates
this section is guilty of a misdemeanor of the
first degree.
Sec. 4517.20.
(A) No motor vehicle dealer licensed under
Chapter 4517. of the Revised Code shall do any of the following:
(A)(1) Directly or indirectly, solicit the sale of a motor
vehicle through a pecuniarily interested person other than a
salesperson licensed in the employ of a licensed dealer;
(B)(2) Pay any commission or compensation in any form to any
person in connection with the sale of a motor vehicle unless the
person is licensed as a salesperson in the employ of the dealer;
(C)(3) Fail to immediately notify the registrar of motor
vehicles upon termination of the employment of any person
licensed
as a salesperson to sell, display, offer for sale, or
deal in
motor vehicles for the dealer;
(D)(4) Knowingly engage in any wholesale motor vehicle
transaction with any person required to be licensed
pursuant to
Chapter 4517. of the Revised Code, if the person is
not licensed
pursuant to that chapter, if the
person's license to operate as a
dealer
has been suspended or revoked, or if the person's
application for
a license to operate as a dealer has
been denied.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the fourth
degree.
Sec. 4517.21.
(A) No motor vehicle auction owner licensed
under Chapter 4517. of the Revised Code shall:
(A)(1) Engage in the sale of motor vehicles at retail from
the same licensed location;
(B)(2) Knowingly permit the auctioning of a motor vehicle if
the motor vehicle auction owner has reasonable cause to
believe it
is not being offered for
sale by the legal owner of the motor
vehicle;
(C)(3) Knowingly permit the sale of a motor vehicle to any
person except a motor vehicle dealer licensed in this state or
any
other jurisdiction, or any other person licensed pursuant to
Chapter 4517.
of the Revised Code or a
substantially similar
statute of any other jurisdiction;
(D)(4) Knowingly permit the sale of a motor vehicle by any
person who is not licensed pursuant to Chapter
4517. of the
Revised Code;
(E)(5) Knowingly permit any person to violate section
4517.19
of the Revised Code;
(F)(6) Deny reasonable inspection of the motor vehicle
auction
owner's business records,
relating to the sale of motor
vehicles, to the registrar of motor
vehicles or the attorney
general, when requested in writing to do
so. The motor vehicle
auction owner shall maintain for a period of six
years
from the
date of the sale of a motor vehicle at least the
following
information:
(1)(a) The year, make, model and vehicle identification
number of the motor vehicle;
(2)(b) The name and address of the selling dealer;
(3)(c) The name and address of the buying dealer;
(4)(d) The date of the sale;
(5)(e) The purchase price;
(6)(f) The odometer reading of the motor vehicle at the time
of sale and an odometer disclosure statement from the seller that
complies with subchapter IV of the "Motor Vehicle Information and
Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.
A motor vehicle auction owner may supplement the required
information
with any additional information the motor vehicle
auction
owner considers appropriate.
(G)(7) Knowingly permit a dealer whose license has been
suspended
or revoked,
or a person whose application for a license
to operate
as a dealer has been denied, to
participate as a buyer
or seller at the motor vehicle auction
owner's auction after
notification by the registrar of the suspension or revocation of
a
license, or denial of an application for a license. The registrar
shall
notify each auction owner by
certified mail, return receipt
requested, within five business
days of the suspension or
revocation of a license, or
the denial of an application for
license. Any motor
vehicle
auction owner who has knowledge of the
presence at the motor
vehicle auction owner's auction of
a dealer
whose license has
been suspended or revoked, or of a person whose
application for a
license to operate as a dealer has been denied,
shall immediately cause the
removal
of the person from the
auction.
(H)(8) Knowingly accept a motor vehicle for sale or possible
sale by a dealer whose license has been
suspended or revoked,
during the period of suspension or
revocation, or by a person
whose application for a license to operate as a
dealer has
been
denied, after notification by the registrar, in accordance
with
division (G) of this section, of the suspension or
revocation of
the license, or denial of an application
for a license.
(I)(9) Knowingly permit the auctioning of a motor vehicle
whose ownership is not evidenced at the time of auctioning by a
current certificate of title or a manufacturer's certificate of
origin, and all title assignments that evidence the seller's
ownership of the motor vehicle, without first giving clear and
unequivocal notice of the lack of such evidence.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the fourth
degree.
Sec. 4517.22. (A) Any group of licensed new motor vehicle
dealers
may display motor vehicles at a motor vehicle show within
the general market
area allocated to a licensed new motor vehicle
dealer, whenever all of the
following conditions are met:
(1) The primary purpose of the motor vehicle show is the
exhibition of
competitive makes and models of motor vehicles to
provide the general public
the opportunity to review and inspect
various makes and models of motor
vehicles at a single location;
(2) Not less than thirty days before the planned opening
date of the
motor vehicle show, the group requests and receives
permission to hold the
show from the registrar of motor vehicles.
(B) No contracts shall be signed, deposits taken, or sales
consummated at
the location of a motor vehicle show.
(C) Any sponsor of a motor vehicle show shall offer by mail
an invitation
to all new motor vehicle dealers dealing in
competitive types of motor
vehicles in the general market area to
participate and display motor vehicles
in the show. The sponsor
may offer a similar invitation to manufacturers or
distributors.
A
copy of each invitation shall be retained by the sponsor for
at
least one year after the show.
(D) No person except a manufacturer or distributor shall
hold in any
public place a motor vehicle show at which only one
motor vehicle is
displayed, and no such single unit show shall be
held unless the manufacturer
or
distributor requests and receives
permission from the registrar not less than
thirty days before the
show.
(E) The registrar shall not grant permission for any motor
vehicle show
to be held, unless it is proven to the registrar's
satisfaction that no attempt is being
made to circumvent the
provisions of sections 4517.01 to 4517.45 of the
Revised Code.
(F) Nothing contained in this section shall be construed as
prohibiting
the taking of orders for nonmotorized recreational
vehicles as defined in
section 4501.01 of the
Revised Code at
sports or camping
shows.
(G) No motor vehicle dealer, motor vehicle leasing dealer,
motor vehicle
auction owner, or distributor licensed under
sections 4517.01 to 4517.45 of
the Revised Code shall display a
motor vehicle at any place except
the dealer's, owner's, or
distributor's
licensed location, unless the dealer, owner, or
distributor
first obtains permission from the registrar and
complies with the applicable rules of the motor vehicle dealers
board.
(H) Nothing contained in this section shall be construed as
prohibiting
the display of, the taking of orders for, or the sale
of, livestock trailers
at livestock and agricultural shows,
including county fairs. Notwithstanding
section 4517.03 of the
Revised Code, livestock trailers may be sold at livestock and
agricultural shows, including county fairs, as permitted by this
division.
As used in this division, "livestock trailer" means a new or
used trailer
designed by its manufacturer to be used to transport
horses or to transport
animals
generally used for food or in the
production of food, including cattle, sheep,
goats, rabbits,
poultry, swine, and any other animals included by the director
of
agriculture in rules adopted under section 901.72 of the Revised
Code.
(I) Notwithstanding division (B) of this section,
contracts
may be signed, deposits taken, and sales consummated at the
location
of a motor vehicle show where the motor vehicles involved
are horse trailers
or towing vehicles that are trucks and have a
gross vehicle weight of more
than three-quarters of a ton, the
motor vehicle show is being held as part of
or in connection with
a major livestock show, the licensed new motor vehicle
dealers
involved have complied with the applicable requirements of this
section, and
the registrar has granted permission for the motor
vehicle show in accordance
with division (E) of this section.
As used in
this division
(I) of this section:
(1) "Major livestock show" means any show of livestock that
is held at the
Ohio state
fairgrounds, is national in scope, and
that continues for more than ten
consecutive days.
(2) "Truck" has the same meaning as in section 4511.01 of
the Revised Code.
(3) "Gross vehicle weight" means the unladen weight of the
vehicle fully
equipped.
(J)
Whoever violates this section is guilty of a misdemeanor
of
the fourth
degree.
Sec. 4517.23.
(A) Any licensed motor vehicle dealer, motor
vehicle leasing dealer, manufactured home broker, or distributor
shall notify the registrar
of motor vehicles concerning any change
in status as a
dealer, motor vehicle leasing dealer, manufactured
home broker,
or distributor during the
period for which the
dealer, broker, or distributor is licensed, if
the change of
status concerns
any of the following:
(A)(1) Personnel of owners, partners, officers, or
directors;
(B)(2) Location of office or principal place of business;
(C)(3) In the case of a motor vehicle dealer, any contract
or
agreement with any manufacturer or distributor; and in the case
of a distributor, any contract or agreement with any
manufacturer.
(B) The notification
required by division (A) of this
section shall be made by filing with the
registrar, within fifteen
days after the change of status, a
supplemental statement in a
form prescribed by the registrar
showing in what respect the
status has been changed. If the
change involves a change in any
contract or agreement between any
manufacturer or distributor, and
dealer, or any manufacturer and
distributor, the supplemental
statement shall be accompanied by
such copies of contracts,
statements, and certificates as would
have been required by
sections 4517.01 to 4517.45 of the Revised
Code if the change had
occurred prior to the licensee's
application for license.
The motor vehicle dealers board may adopt a rule exempting
from the notification requirement of division (A)(1) of this
section
any dealer if stock in the dealer or its parent company is
publicly traded and if there are public records with state or
federal agencies that provide the information required by
division
(A)(1) of this section.
(C)
Whoever violates this section is guilty of a misdemeanor
of
the fourth
degree.
Sec. 4517.24.
(A) No two motor vehicle dealers shall engage
in business at the
same location, unless they agree to be jointly,
severally, and personally
liable for any liability arising from
their engaging in business at the same
location. The agreement
shall be filed with the motor vehicle dealers board,
and shall
also be made a part of the articles of incorporation of each such
dealer filed with the secretary of state. Whenever the board has
reason to
believe that a dealer who has entered into such an
agreement has revoked the
agreement but continues to engage in
business at the same location, the board
shall revoke the
dealer's license.
(B) This section does not apply to two or more motor vehicle
dealers
engaged in the business of selling new or used
manufactured or mobile
homes in the same manufactured home park.
(C) Whoever violates this section is guilty of a misdemeanor
of
the fourth
degree.
Sec. 4517.25.
(A) Every dealer shall maintain a mileage
disclosure
statement from
the previous owner of each motor vehicle
the dealer sells, purchases, or
receives as a trade on another
motor vehicle. The mileage disclosure
statement shall be in such
form and include such information as the motor
vehicle dealers
board requires by rule.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the fourth
degree.
Sec. 4517.26.
(A) Every retail and wholesale sale of a
motor
vehicle shall be preceded by a written instrument or
contract
that shall contain all of the agreements of the parties
and shall
be signed by the buyer and the seller. The seller, upon
execution of the agreement or contract and before the delivery of
the motor vehicle, shall deliver to the buyer a copy of the
agreement or contract that shall clearly describe the motor
vehicle sold to the buyer, including, where applicable, its
vehicle identification number and the mileage appearing on the
odometer of the vehicle at the time of sale and whether the
mileage is accurate; the sale price of the vehicle, and, if
applicable, the amount paid down by the buyer; the amount
credited
to the buyer for any trade-in, and a description
thereof; the
amount of any finance charge; the amount charged for
any motor
vehicle insurance, and a statement of the types of
insurance
provided by the policy or policies; the amount of any
other
charge, and a specification of its purpose; the net balance
due
from the buyer; and the terms of the payment of the net
balance.
This section does not apply to a casual sale of a motor
vehicle.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the fourth
degree.
Sec. 4517.27.
(A) In accordance with Chapter 119. of the
Revised
Code, the
registrar of motor vehicles shall adopt rules
for the regulation of
manufactured home
brokers. The rules shall
require that a manufactured home broker maintain a
bond of a
surety company authorized to transact business in this state in an
amount determined by the registrar. The rules also shall require
each person
licensed as a manufactured home broker to maintain at
all times a special or
trust bank account that is
noninterest-bearing, is separate and distinct from
any personal or
other account of the broker, and into which shall be deposited
and
maintained all escrow funds, security deposits, and other moneys
received
by the broker in a fiduciary capacity. In a form
determined by the registrar,
a manufactured home broker shall
submit written proof to the registrar of the
continued maintenance
of the special or trust account. A depository where
special or
trust accounts are maintained in accordance with this section
shall
be located in this state.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the fourth
degree.
Sec. 4517.40.
(A) No person who is engaged in or about to
engage in
the business
of selling motor vehicles at retail shall
enter into any contract, agreement,
or understanding, express or
implied, with any manufacturer or distributor of
motor vehicles,
that
he
the person will sell only to a
designated person or class
of
persons all or any part of the retail installment contracts
arising out of the
sale by
him
the person of motor vehicles, or
that
he
the person will refuse to sell such retail
installment
contracts to any designated person or class of persons. Any such
contract, agreement, or understanding is void.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the fourth
degree.
Sec. 4517.41.
(A) No manufacturer or distributor of motor
vehicles, or the officer, agent, or representative of such
manufacturer or distributor, shall induce or coerce, or attempt
to
induce or coerce, any retail motor vehicle dealer or
prospective
retail motor vehicle dealer to sell or refuse to sell
all or any
portion of
his
the dealer's or prospective dealer's
retail
installment contracts to any
person or class of persons designated
by the manufacturer or
distributor, by means of any statement,
suggestion, promise, or
threat, made directly or indirectly, that
the manufacturer or
distributor will in any manner injure or
benefit the dealer, or
by means of any act of the manufacturer or
distributor that has
benefited or injured the dealer, or by means
of any statement or
representation, made directly or indirectly,
that the dealer is
under any obligation to make or refuse to make
such sale.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the fourth
degree.
Sec. 4517.42.
(A) No person engaged in the business of
buying
retail installment contracts from motor vehicle dealers in
this
state, and no officer, agent, or representative of such
person,
shall purchase or attempt to purchase any such retail
installment
contract from any motor vehicle dealer in this state
in the
following circumstances:
(A)(1) When the dealer in consequence of any contract,
agreement, or arrangement between such person and a manufacturer
or distributor supplying motor vehicles to the dealer has been
induced or coerced to sell the retail installment contract by
means of any statement, suggestion, promise, or threat, made
directly or indirectly, that the manufacturer or distributor
supplying motor vehicles to the dealer would in any manner injure
or benefit the dealer, or by means of any act of the manufacturer
or distributor that has benefited or injured the dealer, or by
means of any statement or representation, made directly or
indirectly, that the dealer is under any obligation to make such
sale;
(B)(2) When such person has received or has contracted to
receive from any manufacturer or distributor supplying motor
vehicles to the dealer, or has given or contracted to give to the
manufacturer or distributor, any subsidy or thing of service or
value, where the effect of the giving or receiving of the subsidy
or thing of service or value may be to lessen or eliminate
competition in the business of purchasing retail installment
contracts from motor vehicle dealers or may tend to grant an
unfair trade advantage or to create a monopoly in such person.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the fourth
degree.
Sec. 4517.43.
(A) The applications for licenses and the
copies of
contracts
required by sections 4517.04, 4517.05,
4517.051, 4517.052,
4517.06, 4517.07, 4517.08,
and 4517.09
of the
Revised Code are not part of the public records but are
confidential
information for the use of the registrar of motor
vehicles and the motor
vehicle dealers board. No person shall
divulge any information contained in
such applications and
acquired by the person in the person's capacity as an
official or
employee of the bureau of motor vehicles or of the board, except
in a report
to the registrar, to the board, or when called upon to
testify in any court or
proceeding.
(B)
Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4517.44.
(A) No manufacturer or distributor of motor
vehicles,
dealer in
motor vehicles, or manufactured home broker,
nor any owner,
proprietor, person in control, or keeper of any
garage, stable, shop, or other place of business, shall fail to
keep or cause
to be kept any record required by law.
(B)
Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4517.45.
(A) No dealer licensed to sell motor vehicles
at
retail in this
state under Chapter 4517. of the Revised Code
shall attach to any motor
vehicle offered for sale by
him
the
dealer any tag or placard
bearing
his
the dealer's name, or the
name of
his
the dealer's place of business, whenever the method
of
attachment involves
drilling or otherwise creating holes in any
part of the body or trim of the
vehicle, unless the purchaser
consents in writing to such method of
attachment.
Any damage to the body or trim of a motor vehicle that
results from a
violation of this section shall, at the request of
the purchaser of the
vehicle, be repaired by the dealer in a
manner acceptable to the purchaser,
and at no cost to
him
the
purchaser.
(B)
Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4517.64.
(A) No franchisor shall
do any of the
following:
(A)(1) Fail to obey a requirement or order made by the motor
vehicle dealers
board, or the order of any court upon application
of the board;
(B)(2) Fail to perform a duty imposed upon it by sections
4517.50 to 4517.65 of
the Revised Code, or do any act prohibited
by those sections.
(B) No franchisee or prospective transferee shall fail to
perform
a duty imposed upon it by sections 4517.50 to 4517.65 of
the Revised Code or do any act
prohibited by those sections.
(C) Whoever violates division (A) or (B) of
this section is
guilty of a misdemeanor of the fourth degree.
Sec. 4517.99.
(A) Whoever violates
any provision of
sections
4517.01 to
4517.65 of the Revised Code, for which no
penalty
is otherwise
is provided in
this
the section
that contains
the
provision violated, or any rule promulgated by the
registrar
of motor vehicles or the motor vehicle dealers board
under
sections 4517.01 to 4517.45 of the Revised Code, is guilty
of a
misdemeanor of the fourth degree.
(B) Whoever violates sections 4517.43 to 4517.45 of the
Revised Code is guilty of a minor misdemeanor.
(C) Whoever violates section 4517.02 of the Revised Code
is
guilty of a minor misdemeanor on a first offense and shall be
subject to
a mandatory fine of one hundred dollars; on each
subsequent offense such person is guilty of a misdemeanor of the
first degree and shall be subject to a mandatory fine of one
thousand
dollars.
(D) Whoever violates section 4517.19 of the
Revised Code is
guilty of a misdemeanor of the second degree on a
first offense;
on each subsequent offense the person is guilty of
a misdemeanor
of the first degree.
Sec. 4519.02. (A) Except as provided in divisions (B),
(C),
and (D) of this section, no person shall operate any
snowmobile,
off-highway motorcycle, or all-purpose
vehicle within this state
unless the
snowmobile, off-highway motorcycle, or all-purpose
vehicle is registered and numbered in
accordance with sections
4519.03 and 4519.04 of the Revised Code.
(B) No registration is required for a snowmobile,
off-highway
motorcycle, or all-purpose vehicle that is operated
exclusively upon lands owned by
the owner of the snowmobile,
off-highway motorcycle, or
all-purpose vehicle, or on lands
to
which the owner has a contractual right.
(C) No registration is required for a snowmobile,
off-highway
motorcycle, or all-purpose vehicle owned and used in
this
state by a resident of
another state whenever that state has
in effect a registration
law similar to this chapter
and the
snowmobile, off-highway motorcycle, or all-purpose
vehicle is
properly registered
thereunder. Any snowmobile, off-highway
motorcycle, or
all purpose vehicle owned and used
in this state by
a resident of another state not having such a
registration
requirement shall comply with section 4519.09 of the
Revised Code.
(D) No registration is required for a snowmobile,
off-highway
motorcycle, or all-purpose vehicle owned and used in
this
state by the United
States, another state, or a political
subdivision thereof, but
the snowmobile, off-highway motorcycle,
or
all-purpose
vehicle shall display the name of
the owner
thereon.
(E) The owner or operator of any all-purpose vehicle
operated or used upon the waters in this state shall comply
with
Chapters 1547. and 1548. of the Revised Code relative to the
operation of watercraft.
(F)
Except as otherwise provided in this division, whoever
violates division (A) of this section shall be fined not more than
twenty-five dollars. If the offender previously has been
convicted of or
pleaded guilty to a
violation of division (A) of
this section, whoever violates
division (A) of this section shall
be fined not less than
twenty-five nor more than fifty dollars.
Sec. 4519.05. (A) Whenever a registered snowmobile,
off-highway
motorcycle, or all-purpose vehicle is destroyed or
similarly
disposed of, the owner
shall surrender the certificate
of registration to the registrar of
motor vehicles or a deputy
registrar within fifteen days
following the destruction or
disposal. The registrar
thereupon shall cancel the certificate
and enter
that fact in the
registrar's records.
In the case of an off-highway motorcycle or all-purpose
vehicle for which a certificate of title has been issued, the
owner also shall surrender the certificate of title to the clerk
of the court
of
common pleas who issued it and the clerk, with the
consent of
any lienholders noted thereon, shall enter a
cancellation upon
the clerk's records and shall notify the
registrar of the
cancellation. Upon the cancellation of a
certificate of title
in the manner prescribed by this division,
the clerk and the
registrar may cancel and destroy all
certificates of title and
memorandum certificates of title in that
chain of title.
(B) Subject to division (B) of section 4519.03
of the
Revised Code, whenever
the ownership of a registered snowmobile,
off-highway
motorcycle, or
all-purpose vehicle is transferred by
sale or otherwise, the new
owner, within fifteen days following
the transfer, shall
make
application to the registrar or a deputy
registrar for the
transfer of the certificate of registration.
Upon receipt of the
application and a fee of one dollar, the
registrar shall transfer
the certificate to the new owner and
shall enter the new owner's
name and address in the registrar's
records.
(C) Whenever the owner of a registered snowmobile,
off-highway
motorcycle, or all-purpose vehicle changes
address,
the owner shall
surrender the certificate of registration to the
registrar or a deputy
registrar within fifteen days following the
address change. Upon
receipt of the certificate, the registrar
shall enter the new
address thereon and shall make the appropriate
change in the
registrar's records. In a case where the owner's
change
of address
involves a move outside of the state, the
registrar shall cancel the certificate of registration for
that
snowmobile, off-highway motorcycle, or all-purpose
vehicle.
(D) Whenever a certificate of registration for a
snowmobile,
off-highway motorcycle, or all-purpose
vehicle is lost, mutilated,
or destroyed,
the owner may obtain a duplicate certificate, which
shall be
identified as such, upon application and the
payment of a
fee of one dollar.
(E)
Whoever violates division (A), (B), or
(C) of this
section
shall be fined not more than twenty-five dollars for a
first offense; for
each subsequent offense, the offender shall be
fined not less than
twenty-five nor more than fifty dollars.
Sec. 4519.06.
(A) Any person who is a dealer in
snowmobiles,
off-highway motorcycles, or all-purpose
vehicles
shall make application for registration, for each place in this
state
at which the business of selling, manufacturing, leasing, or
renting
snowmobiles, off-highway motorcycles, or
all-purpose
vehicles is carried on. The application
shall show
the make of
snowmobile, off-highway motorcycle, or
all-purpose vehicle
manufactured, sold,
leased, or
rented at such place, and shall be
accompanied by a fee of twenty-five
dollars. Upon the filing of
the application and the payment of the fee
therefor, the
registrar
of motor vehicles shall assign to the applicant a distinctive
number. The number
shall be
displayed upon each snowmobile,
off-highway motorcycle,
or all-purpose vehicle in the places
prescribed
in section 4519.04 of
the Revised Code whenever the
vehicle is being used prior to sale or transfer. The
registrar
shall adopt
rules specifying the manner in which the number may be
temporarily affixed to the vehicle.
Upon the termination of any dealership registered under this
section, the
dealer, within fifteen days following such
termination, shall notify the
registrar, who shall enter that fact
in the registrar's
records.
Notwithstanding section 4517.01 of the Revised Code, a dealer
licensed to sell
motor vehicles also may be registered as a dealer
in
snowmobiles, off-highway motorcycles, or
all-purpose
vehicles
under this section, and may display, sell, or rent
such
vehicles
at the dealer's established
place of business.
(B)
Except as otherwise provided in this division, whoever
violates this section shall be fined not more than fifty dollars.
If the
offender previously has been convicted of
or pleaded guilty
to a violation of this section, whoever violates
this section
shall be fined not less than fifty nor more than two
hundred
dollars.
Sec. 4519.20. (A) The director
of public safety, pursuant
to Chapter 119. of the Revised Code,
shall adopt rules for the
equipment of snowmobiles, off-highway motorcycles, and
all-purpose
vehicles. The rules may be revised from time to time as the
director
considers necessary, and shall include, but not
necessarily be
limited to, requirements for the following items of
equipment:
(1) At least one headlight having a minimum candlepower of
sufficient intensity to reveal persons and objects at a distance
of at least one hundred feet ahead under normal atmospheric
conditions during hours of darkness;
(2) At least one red tail light having a minimum
candlepower
of sufficient intensity to be plainly visible from a
distance of
five hundred feet to the rear under normal
atmospheric conditions
during hours of darkness;
(3) Adequate brakes. Every snowmobile, while
traveling on
packed snow, shall be capable of carrying a driver who
weighs one
hundred seventy-five pounds or more, and, while
carrying such
driver, be capable of stopping in not more than
forty feet from an
initial steady speed of twenty miles per hour,
or locking its
traction belt.
(4) A muffler system capable of precluding the emission of
excessive smoke or exhaust fumes, and of limiting the engine
noise
of vehicles. On snowmobiles manufactured after January 1,
1973,
such requirement shall include sound dampening equipment
such that
noise does not exceed eighty-two decibels on the "A"
scale at
fifty feet as measured according to SAE J192 (September
1970).
(B) No person shall operate any snowmobile, off-highway
motorcycle, or all-purpose
vehicle in violation of division
(A)(1),
(2), (3), or (4)
of this
section, except that equipment
specified in divisions (A)(1) and
(2)
of this section shall not be
required on snowmobiles, off-highway
motorcycles, or all-purpose
vehicles operated during the
daylight hours.
(C) Except as otherwise provided in this division, whoever
violates division (B) of this section shall be fined not more than
fifty dollars. If the offender within the preceding year
previously has committed a violation of division (B) of this
section, whoever violates division (B) of this section shall be
fined not less than fifteen nor more than one hundred dollars,
imprisoned not
more than three
days, or both.
Sec. 4519.22.
(A) No person shall have for sale, sell,
offer for
sale, lease,
rent, or otherwise furnish for hire in this
state any new snowmobile,
off-highway motorcycle, or
all-purpose
vehicle that fails to comply with any rule adopted by
the director
of public safety under section 4519.20 of the Revised Code, after
the effective date of the rule.
(B) Except as otherwise provided in this division, whoever
violates this section shall be fined not more than fifty dollars.
If the
offender within the preceding year previously has committed
a violation of this section, whoever violates this section shall
be fined not less than fifteen nor more than one hundred dollars,
imprisoned not more than three days, or both.
Sec. 4519.40.
(A) The applicable provisions of Chapters
4511.
and 4549. of the Revised Code shall be applied to the
operation
of snowmobiles, off-highway motorcycles, and
all-purpose
vehicles, except that no
snowmobile, off-highway motorcycle, or
all-purpose
vehicle shall be operated as follows:
(A)(1) On any limited access highway or freeway or the
right-of-way thereof, except for emergency travel only during
such
time and in such manner as the director of public safety
shall
designate;
(B)(2) On any private property, or in any nursery or
planting
area, without the permission of the owner or other person
having
the right to possession of the property;
(C)(3) On any land or waters controlled by the state, except
at those locations where a sign has been posted permitting such
operation;
(D)(4) On the tracks or right-of-way of any operating
railroad;
(E)(5) While transporting any firearm, bow, or other
implement for hunting, that is not unloaded and securely encased;
(F)(6) For the purpose of chasing, pursuing, capturing, or
killing any animal or wildfowl;
(G)(7) During the time from sunset to
sunrise, unless
displaying lighted lights as
required by section 4519.20 of the
Revised Code.
(B) Whoever violates this section shall be fined not less
than
fifty
nor more than five hundred dollars, imprisoned not less
than three nor
more than thirty days, or both.
Sec. 4519.41. Snowmobiles, off-highway motorcycles,
and
all-purpose vehicles may be operated as follows:
(A) To make a crossing of a highway, other than a highway
as
designated in division (A)(1) of section 4519.40 of the Revised
Code, whenever the crossing can be made in safety and will not
interfere with the movement of vehicular traffic approaching from
any direction on the highway, and provided that the operator
yields the right-of-way to any approaching traffic that presents
an immediate hazard;
(B) On highways in the county or township road systems
whenever the local authority having jurisdiction over such
highways so permits;
(C) Off and alongside a street or highway for limited
distances from the point of unloading from a conveyance to the
point at which the snowmobile, off-highway motorcycle, or
all-purpose vehicle is intended and authorized to be operated;
(D) On the berm or shoulder of a highway, other than a
highway as designated in division (A)(1) of section 4519.40 of the
Revised Code, when the terrain permits such operation to be
undertaken safely and without the necessity of entering any
traffic lane;
(E) On the
berm or shoulder of a county or township road,
while traveling
from one area of operation of the snowmobile,
off-highway
motorcycle, or all-purpose vehicle to another such
area.
Sec. 4519.44. (A) No person who does not hold a valid,
current motor vehicle driver's or commercial driver's license,
motorcycle operator's endorsement, or probationary license,
issued
under Chapter 4506. or 4507. of the Revised Code, shall
operate a
snowmobile, off-highway motorcycle, or
all-purpose vehicle on any
street or
highway in this state, on any portion of the
right-of-way
thereof, or on any public land or waters.
(B) No person who is less than sixteen years of age
shall
operate a snowmobile, off-highway motorcycle, or
all-purpose
vehicle on any land or waters
other than private property or
waters owned by or leased to the
person's parent or guardian,
unless accompanied by another person
who is eighteen years of age,
or older, and who holds a license
as provided in division (A) of
this section, except that the
department of natural resources may
permit such operation on
state controlled land under its
jurisdiction when such person is
less than sixteen years of age,
but is twelve years of age or
older and is accompanied by a parent
or guardian who is a
licensed driver eighteen years of age or
older.
(C)
Whoever violates this section shall be fined not less
than
fifty
nor more than five hundred dollars, imprisoned not less
than three nor
more than thirty days, or both.
Sec. 4519.45.
(A) Any dealer who rents, leases, or
otherwise
furnishes a
snowmobile, off-highway motorcycle, or
all-purpose
vehicle for hire shall maintain the vehicle in safe
operating condition. No dealer, or agent or employee of a
dealer,
shall rent, lease, or otherwise furnish a snowmobile,
off-highway
motorcycle,
or all-purpose vehicle for hire to any person
who does
not hold a license as required by division (A) of section 4519.44
of
the Revised Code, or to any person whom the dealer or an
agent
or employee of the dealer has
reasonable cause to believe is
incompetent to operate the vehicle in a safe
and lawful manner.
(B)
Whoever violates this section shall be fined not less
than
one hundred nor more than five hundred dollars.
Sec. 4519.52. (A) Except as
provided in
sections
4519.521 and 4519.54 of the
Revised
Code,
no
dealer engaged in
the
business
of selling new or used off-highway motorcycles or
all-purpose
vehicles shall sell or otherwise transfer a new or
used
off-highway motorcycle or all-purpose vehicle without
obtaining a
certificate of title to the new or used motorcycle
or vehicle, in
accordance with this chapter, and delivering
the
certificate of
title or
memorandum certificate of title to the
purchaser or
transferee.
(B)(1) A person who
is not a dealer engaged in the business
of selling new or used
off-highway motorcycles or all-purpose
vehicles and who
owns an off-highway
motorcycle or all-purpose
vehicle
may choose
to obtain a
certificate of title to the
motorcycle or
vehicle.
The
person
shall comply with this
chapter in order to
obtain the
certificate of title.
(2) If a person who is not a dealer engaged in the
business
of selling new or used off-highway motorcycles or
all-purpose
vehicles and who owns an off-highway motorcycle or
all-purpose
vehicle obtains a certificate of title to the
motorcycle or
vehicle, that person,
except as otherwise provided in
section
4519.521 of the Revised Code, shall not sell or otherwise
transfer
the motorcycle or vehicle without delivering to the
purchaser or
transferee a certificate of title with
an
assignment
on it as is necessary to show title in the
purchaser
or
transferee, and no
person shall subsequently
purchase or
otherwise
acquire the motorcycle or
vehicle without
obtaining a
certificate
of title to the motorcycle or vehicle
in
the
person's own name.
(C)
Whoever violates this section shall be fined fifty
dollars.
Sec. 4519.66. (A) No person shall do any of the following:
(A)(1) Operate in this state an off-highway motorcycle
or
all-purpose vehicle without having a certificate of title
for the
off-highway
motorcycle or all-purpose vehicle, if such a
certificate is required by this
chapter to be issued for the
off-highway motorcycle or all-purpose
vehicle,
or, if a physical
certificate of title has not been issued
for it, operate an
off-highway motorcycle or all-purpose vehicle knowing that
the
ownership information relating to the motorcycle or vehicle has
not been
entered into the automated title processing system by a
clerk of a court of
common pleas;
(B)(2) Operate in this state an off-highway motorcycle
or
all-purpose vehicle if a certificate of title to the off-highway
motorcycle or
all-purpose vehicle has been issued and then has
been canceled;
(C)(3) Fail to surrender any certificate of title upon
cancellation
of
it by the registrar of motor vehicles
and
notice
of the cancellation as
prescribed in this
chapter;
(D)(4) Fail to surrender the certificate of title to
a
clerk
of
a
court of common pleas as provided in this
chapter,
in case
of the destruction
or dismantling of, or change
in, the
off-highway motorcycle or
all-purpose vehicle described
in the
certificate of title;
(E)(5) Violate
any provision of sections 4519.51 to 4519.70
of
the Revised Code for which no penalty
is otherwise provided
or
any
lawful rules
adopted pursuant to
those
sections;
(F)(6) Operate in this state an off-highway motorcycle or
all-purpose vehicle knowing that the certificate of title to or
ownership of
the motorcycle or vehicle as otherwise reflected in
the automated title
processing system has been canceled.
(B)
Whoever violates this section shall be fined not more
than
two hundred dollars, imprisoned not more than ninety days, or
both.
Sec. 4519.67. (A) No person shall do any of the following:
(A)(1) Procure or attempt to procure a certificate of title
to
an
off-highway motorcycle or all-purpose vehicle, or pass or
attempt
to pass a certificate of title or any assignment
of a
certificate of title to an
off-highway motorcycle or
all-purpose
vehicle,
or in any other manner gain
or
attempt to
gain
ownership to an off-highway motorcycle or all-purpose
vehicle,
knowing or having reason to
believe that the off-highway
motorcycle or all-purpose vehicle
has been stolen;
(B)(2) Sell or offer for sale in this state an
off-highway
motorcycle or all-purpose vehicle on which the manufacturer's or
assigned
vehicle identification number has been destroyed,
removed, covered, altered,
or defaced with knowledge of the
destruction, removal, covering, alteration,
or defacement of the
manufacturer's or assigned vehicle identification
number;
(C)(3)
Except as otherwise provided in this chapter, sell
or
transfer an off-highway motorcycle or
all-purpose vehicle
without delivering to the purchaser or transferee
of it
a
certificate of title, or a manufacturer's or importer's
certificate
to it,
assigned to the purchaser as provided
for in
this chapter.
(B)
Whoever violates this section shall be fined not more
than
five thousand dollars, imprisoned in the county jail or
workhouse not less
than six months nor more than one
year or in
the penitentiary not less than one year nor more than five years,
or both.
Sec. 4549.01.
(A) No person while operating a motor vehicle
shall
fail to slow
down and stop
said
the vehicle when signalled
to do so upon
meeting or overtaking
a
horse-drawn vehicle or
person on horseback and to remain stationary until
such
the
vehicle or person has passed, provided
such
the signal to stop
is
given in good
faith, under circumstances of necessity, and only as
often and for
such
that length
of time as is required for
such
the
vehicle or person to pass,
whether it is
approaching from the
front or rear.
(B)
Whoever violates this section is guilty of a minor
misdemeanor on a first offense and a misdemeanor of the fourth
degree on each
subsequent offense.
Sec. 4549.02.
(A) In case of accident to or collision with
persons
or property
upon
any of the public roads or highways, due
to the driving or operation thereon
of
any motor vehicle, the
person
so driving or operating
such
the motor vehicle,
having
knowledge of
such
the accident or collision,
shall
immediately
shall stop
his
the driver's or operator's motor vehicle at the
scene of the
accident or collision and shall remain at the
scene
of
such
the accident or collision until
he
the
driver or
operator
has given
his
the driver's or operator's name and
address and, if
he
the driver or operator is not the owner, the
name and address
of the owner of
such
that motor vehicle,
together with the
registered number of
such
that motor vehicle, to any person
injured in
such
the
accident or collision or to the operator,
occupant, owner, or attendant of any
motor vehicle damaged in
such
the accident or collision,
or to any police officer at the scene
of
such
the accident or
collision.
In the event the injured person is unable to comprehend and
record the
information required to be given by this section, the
other driver involved in
such
the accident or collision
shall
forthwith
shall notify the nearest
police authority concerning the
location of the accident or collision, and
his
the driver's name,
address, and the registered number of the
motor vehicle
he
the
driver was operating,
and then remain at the scene of the accident
or collision until a police
officer arrives, unless removed from
the scene by an emergency vehicle
operated
by a political
subdivision or an ambulance.
If
such
the accident or collision is with an unoccupied or
unattended motor
vehicle, the operator
so colliding
who collides
with
such
the motor vehicle shall securely
attach the information
required to be given in this section, in writing, to a
conspicuous
place in or on
said
the unoccupied or unattended
motor vehicle.
(B)
Whoever violates division (A) of this section is
guilty
of failure to stop after an accident, a misdemeanor of the first
degree. If the violation results in serious physical harm or
death to a
person, failure to stop after an accident is a felony
of the fifth degree.
The court, in addition to any other
penalties provided by law, shall impose
upon the offender a class
five suspension of the offender's driver's license,
commercial
driver's license, temporary instruction permit, probationary
license, or nonresident operating privilege from the range
specified in
division (A)(5) of section 4510.02 of the Revised
Code. No judge shall suspend the first six months of suspension of
an offender's license, permit, or privilege required by this
division.
Sec. 4549.021.
(A) In case of accident or collision
resulting
in injury or damage to persons or property upon any
public or
private property other than public roads or highways,
due to the
driving or operation thereon of any motor vehicle, the
person
so
driving or operating
such
the motor vehicle, having
knowledge of
such
the
accident or collision, shall stop, and, upon
request of the
person injured or damaged, or any other person,
shall give
such
that
person
his
the driver's or operator's name
and address, and, if
he
the driver or operator is not the owner,
the
name and address of the owner of
such
that motor vehicle,
together
with the registered number of
such
that motor vehicle,
and, if
available, exhibit
his
the driver's or operator's driver's
or
commercial driver's license.
If the owner or person in charge of
such
the damaged property
is not furnished such information, the driver of the motor
vehicle
involved in the accident or collision
shall, within
twenty-four
hours after
such
the accident or collision,
shall forward to
the
police department of the city or village in which
such
the
accident or collision occurred or if it occurred outside the
corporate limits of a city or village to the sheriff of the
county
in which
such
the accident or collision occurred the same
information required to be given to the owner or person in
control
of
such
the damaged property and give the date, time,
and
location
of the accident or collision.
If the accident or collision is with an unoccupied or
unattended motor vehicle, the operator
so colliding
who collides
with
such
the
motor vehicle shall securely attach the information
required to
be given in this section, in writing, to a conspicuous
place in
or on the unoccupied or unattended motor vehicle.
(B)
Whoever violates division (A) of this section is
guilty
of failure to stop after a nonpublic road accident, a misdemeanor
of
the first degree. If the violation results in serious physical
harm or death
to a person, failure to stop after a nonpublic road
accident is a felony of
the fifth degree. The court, in addition
to any other penalties provided by
law, shall impose upon the
offender a class five suspension of the offender's
driver's
license, commercial driver's license, temporary instruction
permit,
probationary license, or nonresident operating privilege
from the range
specified in division (A)(5) of section 4510.02 of
the Revised Code. No judge shall suspend the first six months of
suspension of an offender's license, permit, or privilege required
by this division.
Sec. 4549.03.
(A) The driver of any vehicle involved in an
accident resulting in damage to real property, or personal
property attached to
such real property, legally upon or adjacent
to a public road or highway
shall immediately
shall stop and
take
reasonable steps to locate and notify the owner or person in
charge of
such
the property of
such
that fact, of
his
the driver's
name
and
his address, and of the registration number of the
vehicle
he
the driver is driving and
shall, upon request and if
available,
shall exhibit
his
the driver's
driver's or commercial
driver's license.
If the owner or person in charge of
such
the property cannot
be
located after reasonable search, the driver of the vehicle
involved in the accident resulting in damage to
such
the
property
shall, within twenty-four hours after
such
the accident,
shall
forward to
the police department of the city or village in which
such
the
accident or collision occurred, or if it occurred outside
the
corporate limits of a city or village to the sheriff of the
county in which
such
the accident or collision occurred,
the same
information required to be given to the owner or person in
control
of
such
the property and give the location of the
accident
and a
description of the damage insofar as it is known.
(B)
Whoever violates division (A) of this section is
guilty
of failure to stop after an accident involving the property of
others,
a misdemeanor of the first degree.
Sec. 4549.042.
(A)(1) No person shall sell or otherwise
dispose of
a master key
designed to fit more than one motor
vehicle, knowing or having reasonable
cause
to believe
such
the
key will be used to commit a crime.
(2) No person shall buy, receive, or have in
his
the
person's
possession a master key designed to fit more than one
motor vehicle, for the
purpose of using
such
the key to commit a
crime.
(B)
Whoever violates division (A)(1) or (2) of this
section
is guilty of a motor vehicle master key violation, a felony of the
fifth degree on a first offense
and a felony of the fourth degree
on each subsequent offense.
Sec. 4549.08.
(A) No person shall operate or drive a motor
vehicle
upon the
public roads and highways in this state if it
displays a license
plate or a distinctive number or identification
mark that meets any of the following criteria:
(B)(2) Is a counterfeit or an unlawfully made copy of any
distinctive number or
identification mark;
(C)(3) Belongs to another motor vehicle, provided that this
section does not
apply to a
motor vehicle that is operated on the
public roads and
highways in this state when the motor vehicle
displays license
plates that originally were issued for a motor
vehicle that
previously was owned by the same person who owns the
motor
vehicle that is operated on the public roads and highways in
this state, during the thirty-day period described in division
(C)(A)(3) of section 4503.12 of the
Revised
Code.
(B) A person who fails to comply with the transfer of
registration
provisions of section 4503.12 of the Revised Code and
is charged with a
violation of that section shall not be charged
with a violation of this
section.
(C)
Whoever violates division (A)(1), (2), or (3) of
this
section is guilty of operating a motor vehicle bearing an invalid
license plate or identification mark, a misdemeanor of the fourth
degree on a first offense and a misdemeanor of the third degree on
each subsequent offense.
Sec. 4549.10.
(A) No person shall operate or cause to be
operated
upon a public
road or highway a motor vehicle of a
manufacturer or dealer unless
such
the
vehicle
carries and
displays two placards, except as provided in section 4503.21 of
the
Revised Code, issued by the director of public safety, bearing
that
bear the registration
number of its manufacturer or dealer.
(B)
Whoever violates division (A) of this
section is guilty
of
illegal operation of a manufacturer's or dealer's motor
vehicle, a minor
misdemeanor on a first offense and a misdemeanor
of the fourth degree on each
subsequent
offense.
Sec. 4549.11.
(A) No person shall operate or drive upon the
highways of this
state
a motor vehicle acquired from a former
owner who has registered the
same
motor vehicle,
while
such
the
motor vehicle displays the distinctive number or
identification
mark assigned
to
it upon its original registration.
(B)
Whoever violates division (A) of this
section is guilty
of
operation of a motor vehicle bearing license plates or an
identification mark
issued to another, a minor misdemeanor on a
first offense and a misdemeanor of
the
fourth degree on each
subsequent offense.
Sec. 4549.12.
(A) No person who is the owner of a motor
vehicle and
a resident of
this state shall operate or drive
such
the motor vehicle upon
the highways of this
state, while it
displays a distinctive number or identification mark issued by
or
under the authority of another state, without complying with the
laws of
this
state relating to the registration and identification
of motor vehicles.
(B)
Whoever violates division (A) of this section is
guilty
of
illegal operation by a resident of this state of a motor
vehicle
bearing the distinctive number or identification mark
issued by a
foreign jurisdiction, a minor misdemeanor on a first
offense and a
misdemeanor of the fourth degree on each subsequent
offense.
Sec. 4549.18.
(A) The operator of a "commercial car," as
defined in section
4501.01
of the Revised Code, when
such
the
commercial car is required to
be registered under the
Revised
Code, shall, when operating
such
the commercial car,
trailer, or
semitrailer on the streets, roads, or highways of this state,
display inside
or
on the vehicle the certificate of registration
for
such
the
commercial car,
trailer, or semitrailer provided for
in section 4503.19 of the Revised Code,
or
shall carry
such
the
certificate on
his
the
operator's person and
display
such
certificate
it upon the demand of any state highway
patrol trooper
or other peace officer.
Every person operating a commercial car, trailer, or
semitrailer required to
be
registered under the Revised Code,
shall permit the inspection of the
certificate of registration
upon demand of the superintendent or any member of
the state
highway patrol or other peace officer of this state.
(B)
Whoever violates division (A) of this
section is guilty
of a
commercial car certificate of registration violation, a minor
misdemeanor.
Sec. 4549.42. (A) No person shall adjust, alter, change,
tamper with, advance, set back, disconnect, or fail to connect,
an
odometer of a motor vehicle, or cause any of the foregoing to
occur to an odometer of a motor vehicle with the intent to alter
the number of miles registered on the odometer.
(B) Division (A) of this section does not apply to the
disconnection of an odometer used for registering the mileage of
any new motor vehicle being tested by the manufacturer prior to
delivery to a franchise dealer.
(C) Nothing in this section
shall prevent
prevents the
service
of
an odometer, provided that after
such
the service a
completed
form,
captioned "notice of odometer repair"," shall be
attached to the
left door frame of the motor vehicle by the person
performing
such
the repairs.
Such
The notice shall contain,
in
bold-face type, the
following information and statements:
"Notice of Odometer Repair
The odometer of this motor vehicle was repaired or replaced
on ................. (date of service).
The mileage registered on the odometer of this motor
vehicle
before repair was ........... (mileage).
The mileage registered on the odometer of this motor
vehicle
after repair is ........... (mileage).
|
............................. |
|
(Repairman's
Repairer's signature)" |
(D) No person shall intentionally remove or alter the
notice
required by division (C) of this section.
(E) If after the service of an odometer, the odometer can
be
set at the same mileage as before
such
the service, the
odometer
shall be adjusted to reflect that mileage registered on the
odometer of the motor vehicle before the service. If the
odometer
cannot be set at the same mileage as before
such
the
service, the
odometer of the motor vehicle shall be adjusted to
read "zero"."
(F) Except as otherwise provided in this division, whoever
violates this section is guilty of tampering with an odometer, a
felony of the
fifth degree. If the offender previously has been
convicted of or pleaded
guilty to a violation of this section or
of any provision of sections 4549.43
to 4549.46 of the Revised
Code,
tampering with an odometer is a felony of the fourth degree.
Sec. 4549.43.
(A) No person, with intent to defraud, shall
advertise for sale,
sell, use, or install on any part of any motor
vehicle or an odometer in any
motor vehicle any device
which
that
causes the odometer to
register any mileage
other than the actual
mileage driven by the motor vehicle. For the purpose of
this
section, the actual mileage driven is that mileage driven by the
motor
vehicle as registered by
an odometer within the
manufacturer's designed
tolerance.
(B)
Except as otherwise provided in this division, whoever
violates this section is guilty of selling or installing an
odometer tampering
device, a felony of the fourth degree. If the
offender previously has been
convicted of or pleaded guilty to a
violation of this section, section
4549.42, or any provision of
sections 4549.44 to 4549.46 of the Revised Code, selling or
installing an odometer tampering device is a felony of the third
degree.
Sec. 4549.44.
(A) No person, with intent to defraud, shall
operate
a motor
vehicle
on any public street, road, or highway of
this state knowing that the odometer
of
such
the vehicle is
disconnected or nonfunctional.
A person's intent to defraud under this section may be
inferred from
evidence of the circumstances of the vehicle's
operation, including facts
pertaining to the length of time or
number of miles of operation with a
nonfunctioning or disconnected
odometer, and the fact that the person
subsequently transferred
the vehicle without disclosing the inoperative
odometer to the
transferee in violation of section 4549.45 of the Revised
Code.
(B)
Except as otherwise provided in this division, whoever
violates this section is guilty of fraudulent driving without a
functional
odometer, a felony of the fourth degree. If the
offender previously has been
convicted of or pleaded guilty to a
violation of this section, section 4549.42
or 4549.43, or any
provision of sections 4549.45 to 4549.46 of the Revised Code,
fraudulent
driving without a functional odometer is a felony of
the third degree.
Sec. 4549.45.
(A) No person shall transfer a motor vehicle
if the
person knows or
recklessly disregards facts indicating that
the odometer of the motor vehicle
has been changed, tampered with,
or disconnected, or has been in any other
manner nonfunctional, to
reflect a lesser mileage or use, unless that person
gives clear
and unequivocal notice of
such
the tampering or
nonfunction or of
his
the person's
reasonable belief of tampering or nonfunction, to
the transferee in writing
prior to the transfer. In a prosecution
for violation of this section,
evidence that a transferor or
his
the transferor's agent has
changed, tampered with, disconnected,
or failed to connect the odometer of the
motor vehicle constitutes
prima-facie evidence of knowledge of the odometer's
altered
condition.
(B)
Except as otherwise provided in this division, whoever
violates this section is guilty of transferring a motor vehicle
that has a
tampered or nonfunctional odometer, a felony of the
fourth degree. If the
offender previously has been convicted of
or pleaded guilty to a violation of
this section, any provision of
sections 4549.42 to 4549.44, or any provision
of section 4549.451
or 4549.46 of the Revised Code, transferring a motor vehicle that
has a
tampered or nonfunctional odometer is a felony of the third
degree.
Sec. 4549.451.
(A) No auctioneer licensed under
Chapter
4707. of the Revised Code
shall advertise for sale by means of any
written advertisement, brochure,
flyer, or other writing, any
motor vehicle the auctioneer knows or has reason
to believe has an
odometer that has been changed, tampered with, or
disconnected, or
in any other manner has been nonfunctional, unless the
listing
or
description of the vehicle contained in the written advertisement,
brochure,
flyer, or other writing contains one of the two
following statements:
(A)(1) "This motor vehicle has an odometer
that has been
changed, tampered with, or disconnected, or otherwise has been
nonfunctional."
(B)(2) "Nonactual odometer reading:
warning - odometer
discrepancy."
(B) The statement selected by the auctioneer shall be
printed in
type
identical in size to the other type used in the
listing or description, and
shall be located within the listing or
description and not located as a
footnote to the listing or
description.
(C)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a felony of the fourth degree.
If the
offender previously has been convicted of or pleaded guilty
to a
violation of this section, any provision of sections 4549.42
to 4549.45, or
section
4549.46 of the Revised Code, whoever
violates this section is
guilty of a felony of the third degree.
Sec. 4549.46. (A) No transferor shall fail to provide the
true and complete odometer disclosures required by section
4505.06
of the Revised Code. The transferor of a motor vehicle
is not in
violation of this
section's provisions
division
requiring a true
odometer reading if the odometer reading is incorrect due to a
previous owner's violation of any of the provisions contained in
sections 4549.42 to 4549.46 of the Revised Code, unless the
transferor knows of or recklessly disregards facts indicating the
violation.
(B) No dealer or wholesaler who acquires ownership of a
motor vehicle shall accept any written odometer disclosure
statement unless the statement is completed as required by
section
4505.06 of the Revised Code.
(C) A motor vehicle leasing dealer may obtain a written
odometer disclosure statement completed as required by section
4505.06 of the Revised Code from a motor vehicle lessee that can
be used as prima-facie evidence in any legal action arising under
sections 4549.41 to 4549.46 of the Revised Code.
(D)
Except as otherwise provided in this division, whoever
violates division (A) or (B) of this section is guilty of an
odometer disclosure violation, a felony of the fourth degree. If
the offender
previously has been convicted of or pleaded guilty to
a violation of this
section or any provision of sections 4549.42
to 4549.451 of the Revised Code, a violation of
this section is a
felony of the third degree.
Sec. 4549.52. The prosecuting attorney of the county in
which a violation
of any provision of sections 4549.41 to 4549.51
of the Revised Code occurs, or the attorney
general, may bring a
criminal action to enforce the provisions of sections
4549.41 to
4549.51 of the Revised Code. The attorney general and the
prosecuting attorney of
the county in which a person licensed or
granted a permit under
Chapter 4517. of the Revised Code is
convicted of or pleads guilty to a violation of
any provision of
sections 4549.41 to 4549.46 of the Revised Code shall report the
conviction
or guilty plea to the registrar of motor vehicles
within five business days of
the conviction or plea.
Sec. 4549.62. (A) No person
shall, with purpose to
conceal
or destroy the identity of a vehicle or vehicle part,
shall
remove, deface, cover, alter, or destroy any vehicle
identification number or derivative
thereof
of a vehicle
identification number on a vehicle or
vehicle part.
(B) No person
shall, with purpose to conceal or destroy
the
identity of a vehicle or a vehicle part,
shall remove, deface,
cover, alter, or destroy any identifying number that has been
lawfully placed upon a vehicle or vehicle part by an owner of the
vehicle or vehicle part, other than the manufacturer, for the
purpose of deterring its theft and facilitating its recovery if
stolen.
(C) No person
shall, with purpose to conceal or destroy
the
identity of a vehicle or vehicle part,
shall place a counterfeit
vehicle identification number or derivative
thereof
of a vehicle
identification number upon the
vehicle or vehicle part.
(D)(1) No person shall buy, offer to buy, sell, offer to
sell, receive, dispose of, conceal, or, except as provided in
division (D)(4) of this section, possess any vehicle or vehicle
part with knowledge that the vehicle identification number or a
derivative
thereof
of the vehicle identification number has been
removed, defaced, covered, altered,
or destroyed in such a manner
that the identity of the vehicle or
part cannot be determined by a
visual examination of the number
at the site where the
manufacturer placed the number.
(2)(a) A vehicle or vehicle part from which the vehicle
identification number or a derivative
thereof
of the vehicle
identification number has been so
removed, defaced, covered,
altered, or destroyed shall be seized
and forfeited under section
2933.41 of the Revised Code unless
division (D)(3) or (4) of this
section applies to the vehicle or
part. If a derivative of the
vehicle identification number has
been removed, defaced, covered,
altered, or destroyed in such a
manner that the identity of the
part cannot be determined, the
entire vehicle is subject to
seizure pending a determination of
the original identity and
ownership of the vehicle and parts of
the vehicle, and the rights
of innocent owners to reclaim the
remainder or any part of the
vehicle.
(b) The lawful owners of parts upon a vehicle that has
been
seized under this section and that is subject to forfeiture
under
section 2933.41 of the Revised Code are entitled to reclaim
their
respective parts upon satisfactory proof of all of the
following:
(i) That the part is not needed for evidence in pending
proceedings involving the vehicle or part and is not subject to
forfeiture under section 2933.41 of the Revised Code;
(ii) That the original identity and ownership of the part
can be determined and that the claimant is the lawful owner of
the
part;
(iii) That no vehicle identification number or derivative
of
a vehicle identification number on the part has been destroyed
or
concealed in such a manner that the identity of the part
cannot be
determined from that number;
(iv) Payment of all costs of removing the part.
(3) Divisions (A), (B), and (D)(1) and (2) of this section
do not apply to the good faith acquisition and disposition of
vehicles and vehicle parts as junk or scrap in the ordinary
course
of business by a scrap metal processing facility as
defined in
division
(E)(D) of section 4737.05 of the Revised
Code or
by a
motor vehicle salvage dealer licensed under Chapter 4738. of
the
Revised Code. This division
(D)(3) does not create an
element of
an offense or an affirmative defense, or affect the
burden of
proceeding with the evidence or burden of proof in a
criminal
proceeding.
(4)(a) Divisions (D)(1) and (2) of this section do not
apply
to the possession of an owner, or the owner's insurer, who
provides satisfactory evidence of all of the following:
(i) That the vehicle identification number or derivative
thereof on the vehicle or part has been removed, defaced,
covered,
altered, or destroyed, after the owner acquired such
possession,
by another person without the consent of the owner,
by accident or
other casualty not due to the owner's purpose to
conceal or
destroy the identity of the vehicle or vehicle part,
or by
ordinary wear and tear;
(ii) That the person is the owner of the vehicle as shown
on
a valid certificate of title issued by this state or
certificate
of title or other lawful evidence of title issued in
another
state, in a clear chain of title beginning with the
manufacturer;
(iii) That the original identity of the vehicle can be
established in a manner that excludes any reasonable probability
that the vehicle has been stolen from another person.
(b) The registrar of motor vehicles shall adopt rules
under
Chapter 119. of the Revised Code to permit an owner
described in
division (D)(4)(a) of this section, upon application
and
submission of satisfactory evidence to the registrar
of motor
vehicles, to obtain authority to replace the vehicle
identification number under the supervision of a peace officer,
trooper of the state highway patrol, or representative of the
registrar. The rules shall be designed to restore the
identification of the vehicle in a manner that will deter its
theft and facilitate its marketability. Until such rules are
adopted, the registrar shall follow the existing procedure for
the
replacement of vehicle identification numbers that have been
established by the registrar, with such modifications as the
registrar determines to be necessary or appropriate for the
administration of the laws
he
the registrar is required to
administer.
The registrar may issue a temporary permit to an owner of a
motor vehicle who is described in division (D)(4)(a) of this
section to authorize the owner to retain possession of the motor
vehicle and to transfer title to the motor vehicle with the
consent of the registrar.
(c) No owner described in division (D)(4)(a) of this
section
shall
knowingly fail
knowingly to apply to the registrar
for
authority to replace the vehicle identification number, within
thirty days after the later of the following dates:
(i) The date of receipt by the applicant of actual
knowledge
of the concealment or destruction;
(ii) If the property has been stolen, the date thereafter
upon which the applicant obtains possession of the vehicle or has
been notified by a law enforcement agency that the vehicle has
been recovered.
The requirement of division (D)(4)(c) of this section may
be
excused by the registrar for good cause shown.
(E) Whoever violates division (A),
(B),
(C), or (D)(1) of
this
section is guilty of a felony of the fifth degree on a first
offense and a
felony of the
fourth degree on each subsequent
offense.
(F) Whoever violates division
(D)(4)(c)
of this section is
guilty of a minor misdemeanor.
Sec. 4551.04.
(A) No person shall transport trees or boughs
described in section
4551.01 of the Revised Code in violation of
sections 4551.01 to 4551.03,
inclusive, of the Revised Code.
(B)
Whoever violates this section shall be fined not more
than
one thousand dollars, imprisoned not more than thirty days,
or
both.
Sec. 4561.11.
(A) All airports, landing fields, and landing
areas shall be approved by the department of transportation
before
being used for commercial purposes. The department may
issue a
certificate of approval in each case. The department
shall
require that a complete plan of such airport, landing
field, or
landing area be filed with it before granting or
issuing such
approval; provided that in no case in which the
department
licenses or certifies an airport, landing field, or
landing area
constructed, maintained, or supported, in whole or
in part, by
public funds, under sections 4561.01 to
4561.151 of the Revised
Code, shall the public be deprived of the use
thereof
or its
facilities for aviation purposes as fully and equally as
all other
parties.
In any case in which the department rejects or disapproves
an
application to operate an airport, landing field, or landing
area,
or in any case in which the department issues an order
requiring
certain things to be done before approval, it shall set
forth its
reasons therefor and shall state the requirements to be
met before
such approval will be given or such order modified or
changed. In
any case in which the department considers it
necessary, it may
order the closing of any airport, landing
field, or landing area
for commercial purposes until the
requirements of the order made
by the department are complied
with.
Appeal from any action or decision of the department in any
such matter shall be made in accordance with sections 119.01 to
119.13 of the Revised Code.
The department shall require that any person engaged within
this state in operating aircraft, in any form of navigation,
shall
be the holder of a currently effective
airman's
aviator's license
issued by the civil aeronautics administration.
The
airman's
aviator's license required by this section shall
be kept
in the personal possession of the pilot when the pilot is
operating
aircraft within this state, and shall be presented for
inspection
upon the request of any passenger, any authorized
representative
of the department, or any official manager or
person in charge of
any airport, landing field, or area in this
state upon which the
pilot lands.
(B)
Whoever violates this section shall be fined not more
than
five hundred dollars, imprisoned not more than ninety days,
or
both.
Sec. 4561.12.
(A) No aircraft shall be operated or
maintained
on any public land or water owned or controlled by this
state, or
by any political subdivision
thereof
of this state,
except at
such places and
under such rules and regulations
governing and controlling the
operation and maintenance of
aircraft as are adopted and
promulgated by the department of
transportation in accordance
with sections 119.01 to 119.13 of the
Revised Code.
Such action and approval by the department shall not become
effective until it has been approved by the adoption and
promulgation of appropriate rules and regulations governing,
controlling, and approving said places and the method of
operation
and maintenance of aircraft, by the department,
division,
political subdivision, agent, or agency of this state
having
ownership or control of the places on said public land or
water
which are affected by such operation or maintenance of
aircraft
thereon.
(B)
Whoever violates this section shall be fined not more
than
five hundred dollars, imprisoned not more than ninety days,
or
both.
Sec. 4561.14.
(A) No person shall operate any aircraft in
this
state unless such person is the holder of a valid
airman's
aviator's
license issued by the United States.
No person operating an aircraft within this state shall
fail
to exhibit such license for inspection upon the demand of
any
passenger on such aircraft, or fail to exhibit same for
inspection
upon the demand of any peace officer, member or
employee of the
department of transportation, or manager or
person in charge of an
airport or landing field within this
state, prior to taking off or
upon landing said aircraft.
No person shall operate an aircraft within this state
unless
such aircraft is licensed and registered by the United
States;
this section is inapplicable to the operation of military
aircraft
of the United States, aircraft of a state, territory, or
possession of the United States, or aircraft licensed by a
foreign
country with which the United States has a reciprocal
agreement
covering the operation of such aircraft.
No person shall operate an aircraft within this state in
violation of any air traffic rules in force under the laws of the
United States or under sections 4561.01 to 4561.14 of the Revised
Code, and the rules and regulations of the department adopted
pursuant thereto.
(B)
Whoever violates this section shall be fined not more
than
five hundred dollars, imprisoned not more than ninety days,
or
both.
Sec. 4561.15. (A) No person shall commit any of the
following
acts:
(1) Carry passengers in an aircraft unless the person
piloting the aircraft is a holder of a valid
airman's
airperson's
certificate
of competency in the grade of private pilot or higher
issued by
the United States; this division of this section is
inapplicable
to the operation of military aircraft of the United
States,
aircraft of a state, territory, or possession of the
United
States, or aircraft licensed by a foreign country with
which the
United States has a reciprocal agreement covering the
operation
of such aircraft.;
(2) Operate an aircraft on the land or water or in the air
space over this state in a careless or reckless manner that
endangers any person or property, or with willful or wanton
disregard for the rights or safety of others.;
(3) Operate an aircraft on the land or water or in the air
space over this state while under the influence of intoxicating
liquor, controlled substances, or other habit-forming drugs.;
(4) Tamper with, alter, destroy, remove, carry away, or
cause to be carried away any object used for the marking of
airports, landing fields, or other aeronautical facilities in
this
state, or in any way change the position or location of such
markings, except by the direction of the proper authorities
charged with the maintenance and operation of such facilities, or
illegally possess any object used for such markings.
(B) Jurisdiction over any proceedings charging a violation
of
this section is limited
to courts of record.
(C)
Whoever violates this section shall be fined not more
than
five hundred dollars, imprisoned not more than six months, or
both.
Sec. 4561.22.
(A) No owner or operator of an aircraft shall
violate
sections
4561.17 to 4561.20, inclusive, of the Revised
Code.
(B)
Whoever violates this section shall be fined not more
than
one hundred dollars, imprisoned not more than thirty days, or
both.
Sec. 4561.24.
(A) No person shall operate a motor vehicle
upon any
runway of an
airport without prior approval of the person
in charge of the airport when
the airport has been certified as a
commercial airport by the
office of aviation.
Any person lending assistance to the operator or operation of
a vehicle
engaged in such activity shall be equally charged as the
participants.
(B)
Except as otherwise provided in this division, whoever
violates this section shall be fined not less than one hundred nor
more than five hundred dollars, imprisoned for not more than six
months, or both. If the offender previously has committed a
violation of this section, whoever violates this section shall be
fined not less than two hundred nor more than one thousand
dollars, imprisoned for not more than one year, or both.
(C) As used in this section, "motor vehicle" has the same
meaning as
in section 4501.01 of the Revised Code.
(D) Airport vehicles and emergency and maintenance equipment
are
exempted from
this section.
Sec. 4561.31. (A)(1) Except as provided in divisions (D),
(E), and (F) of this section, no person shall commence to install
any structure or object of natural growth in this state, any part
of which will penetrate or is reasonably expected to penetrate
into or through any airport's clear zone surface, horizontal
surface, conical surface, primary surface, approach surface, or
transitional surface without first obtaining a permit from the
department of transportation under section 4561.34 of the Revised
Code. The replacement of an existing structure or object of
natural growth with, respectively, a structure or object that is
not more than ten feet or twenty per cent higher than the height
of the existing structure or object, whichever is higher, does
not
constitute commencing to install a structure or object,
except
when any part of the structure or object will penetrate or
is
reasonably expected to penetrate into or through any airport's
clear zone surface, horizontal surface, conical surface, primary
surface, approach surface, or transitional surface. Such
replacement of a like structure or object is not exempt from any
other requirements of state or local law.
(2) No person shall substantially change, as determined by
the department, the height or location of any structure or object
of natural growth in this state, any part of which, as a result
of
such change, will penetrate or is reasonably expected to
penetrate
into or through any airport's clear zone surface,
horizontal
surface, conical surface, primary surface, approach
surface, or
transitional surface, and for which installation had
commenced or
which was already installed prior to
the effective
date of this
section
October 15, 1991, without first
obtaining a permit from
the department under section 4561.34 of the Revised
Code. This
division does not exempt the structure or object from any other
requirements of state or local law.
(3) No person shall substantially change, as determined by
the department, the height or location of any structure or object
of natural growth for which a permit was issued pursuant to
section 4561.34 of the Revised Code, without first obtaining an
amended permit from the department under that section.
(B) No person shall install, operate, or maintain any
structure or object of natural growth for which a permit has been
issued under section 4561.34 of the Revised Code, except in
compliance with the permit's terms and conditions and with any
rules or orders issued under sections 4561.30 to 4561.39 of the
Revised Code.
(C) The holder of a permit issued under section 4561.34 of
the Revised Code, with the department's approval, may transfer
the
permit to another person who agrees to comply with its terms
and
conditions.
(D) Any person who receives a permit to construct,
establish,
substantially change, or substantially alter a
structure or object
of natural growth from an airport zoning board
on or after
the
effective date of this section
October 15, 1991,
under Chapter 4563. of the Revised Code is not required to apply
for
a permit from the department under sections 4561.30 to 4561.39
of the
Revised Code, provided that the airport zoning board has
adopted airport
zoning regulations pursuant to section 4563.032 of
the Revised Code.
(E) Any person who receives a certificate from the power
siting board
pursuant to section 4906.03 or 4906.10 of the Revised
Code on or after
the effective date of this section
October 15,
1991, is not required to apply for a permit from the
department
under sections 4561.30 to 4561.39 of the Revised Code.
(F) Any person who, in accordance with 14 C.F.R. 77.11 to
77.19, notified the federal aviation administration prior to June
1, 1991, that
he
the person proposes to construct, establish,
substantially
change, or substantially alter a structure or object
of natural
growth is not required to apply for a permit from the
department
under sections 4561.30 to 4561.39 of the Revised Code
in
connection with the construction, establishment, substantial
change, or substantial alteration of the structure or object of
natural growth either as originally proposed to the federal
aviation administration or as altered as the person or the
federal
aviation administration considers necessary, provided
that the
federal aviation administration, pursuant to 14 C.F.R.
Part 77,
does not determine that the proposed construction,
establishment,
substantial change, or substantial alteration of
the structure or
object of natural growth would be a hazard to
air navigation.
(G)(1)
Whoever violates division (A)(1) or (2) of this
section is
guilty of a misdemeanor of the third degree. Each day
of violation
constitutes a separate offense.
(2) Whoever violates division (A)(3) or (B) of this
section
is
guilty of a misdemeanor of the first degree. Each day of
violation
constitutes a separate offense.
Sec. 4561.99.
(A) Whoever violates
any provision of
sections
4561.01
4561.021 to
4561.14
4561.13 of the Revised Code
for which no penalty
otherwise is provided in the section that
contains the provision violated
shall be fined not more than five
hundred dollars, imprisoned not more than ninety days, or
both.
(B) Whoever violates section 4561.15 of the Revised Code
shall be fined not more than five hundred dollars, imprisoned
not
more than six months, or both.
(C) Whoever violates section 4561.22 of the Revised Code
shall be fined not more than one hundred dollars, imprisoned
not
more than thirty days, or both.
(D) Whoever violates section 4561.24 of the Revised Code
shall be fined not less than one hundred nor more than five
hundred dollars, imprisoned for not more than six months, or
both,
for a first offense and shall be fined not less than two hundred
nor more than
one
thousand dollars, imprisoned for not more than
one year, or
both, for each subsequent offense.
(E) Whoever violates division (A)(1) or (2) of section
4561.31 of the Revised Code is guilty of a misdemeanor of the
third degree. Each day of violation constitutes a separate
offense.
(F) Whoever violates division (A)(3) or (B) of section
4561.31 of the Revised Code is guilty of a misdemeanor of the
first degree. Each day of violation constitutes a separate
offense.
Sec. 4563.09. No airport zoning regulations adopted under
sections 4563.01 to
4563.21, inclusive, and section 4563.99 of the
Revised Code,
shall require the
removal, lowering, or other change
or alteration of any structure or object of
natural growth not
conforming to the regulations when adopted or amended, or
otherwise interfere with the continuance of any nonconforming use,
except as
provided in section 4563.14 of the Revised Code.
Sec. 4563.10. Nothing in sections 4563.01 to 4563.21,
inclusive, of
the
Revised Code, shall confer any power on any
political subdivision or airport
zoning board to prohibit the use
of any land for farming, dairying, pasturage,
apiculture,
horticulture, floriculture, viticulture, or animal and poultry
husbandry, except where such use shall create an airport hazard.
The
provisions of sections 4563.01 to 4563.21, inclusive, and
section
4563.99 of
the Revised Code shall not apply in respect to
the location, relocation,
erection, construction, reconstruction,
change, alteration, maintenance,
removal, use, or enlargement of
any buildings or structures, now existing or
constructed in the
future, of any public utility or railroad.
Sec. 4563.20.
(A) No person shall violate any regulation,
order, or
ruling
promulgated or made pursuant to sections 4563.01
to 4563.21, inclusive,
of the
Revised Code.
(B)
Whoever violates this section shall be fined not more
than
one hundred dollars. Each day's willful continuation of the
violation is
a separate offense.
Sec. 4582.06.
(A) A port authority created in accordance
with
section 4582.02 of the Revised Code may:
(A)(1) Acquire, construct, furnish, equip,
maintain, repair,
sell, exchange, lease to or from, lease with an option to
purchase,
convey other interests in, or operate real or personal
property, or
any combination thereof,
related to, useful for, or
in furtherance of any authorized purpose, and
make charges for the
use of any port authority facility,
which shall be not less than
the charges established
for the same services furnished by a
public utility or common
carrier in the jurisdiction of the
particular port authority;
(B)(2) Straighten, deepen, and improve any canal, channel,
river, stream, or other water course or way that
may be necessary
or proper in the development of the facilities of
the port
authority;
(C)(3) Issue bonds or notes for the acquisition,
construction, furnishing, or equipping of any real or personal
property, or any combination thereof, related to, useful for, or
in
furtherance of any
authorized purpose, in compliance with
Chapter
133. of the Revised Code, except that the bonds or notes
only may be issued pursuant to a vote of the electors
residing
within
the territory of the port authority. The net indebtedness
incurred by a port authority shall never exceed two per cent of
the total value of all property within the territory comprising
the authority as listed and assessed for taxation.
(D)(4) By resolution of its board of directors, issue
revenue
bonds beyond the limit of bonded indebtedness provided by
law,
for the acquisition,
construction, furnishing, or equipping
of any real or personal property, or
any combination thereof,
related to, useful for, or in furtherance of any
authorized
purpose, including all costs in connection with or incidental
thereto.
The revenue bonds of the port authority shall be
secured only
by a pledge of and a lien on the revenues of the
port authority
derived from those loan payments, rentals, fees,
charges, or other
revenues that are designated in the resolution,
including, but not
limited to, any property
to be acquired, constructed, furnished,
or
equipped with the proceeds of the bond
issue, after provision
only for the reasonable cost of operating,
maintaining, and
repairing the
property of the
port authority so designated. The
bonds may further be secured
by the covenant of the port authority
to maintain rates or
charges that will produce revenues sufficient
to meet
the costs of
operating, maintaining, and repairing such
property and to meet the interest and principal requirements of
the bonds and to establish and maintain reserves for the
foregoing
purposes. The board of directors, by resolution,
may provide for
the issuance of additional revenue bonds from time to
time, to be
secured equally and ratably, without
preference, priority, or
distinction, with outstanding revenue
bonds, but subject to the
terms and limitations of any trust
agreement described in this
section, and of any resolution
authorizing bonds then outstanding.
The board of directors,
by resolution, may designate additional
property of the
port authority, the revenues of which
shall be
pledged and be
subject to a lien for the payment of the debt
charges on revenue
bonds
theretofore authorized by
resolution of
the board of directors, to the same extent as the
revenues above
described.
In the discretion of the board of directors, the revenue
bonds of the port
authority may be secured
by a trust agreement
between the board of directors on behalf of
the port authority and
a corporate trustee, that
may be any trust company or bank having
powers of a trust company,
within or without the state.
The trust agreement may provide for the pledge or
assignment
of the revenues to be received, but shall not pledge
the general
credit and taxing power of the port authority. A
trust agreement
securing revenue bonds issued to acquire,
construct, furnish, or
equip real
property, plants, factories, offices, and other
structures and
facilities for
authorized purposes consistent with
Section 13 or 16 of
Article VIII, Ohio Constitution, may
mortgage
the real or personal property, or a combination
thereof, to be
acquired, constructed, furnished, or equipped from the
proceeds of
such revenue
bonds, as further
security for the bonds. The trust
agreement or the
resolution providing for the issuance of revenue
bonds may set forth the
rights and remedies of the bondholders and
trustee, and may
contain other provisions for protecting and
enforcing their
rights and remedies that are determined in the
discretion of the board of
directors to be reasonable and proper.
The
agreement or resolution
may provide for the custody,
investment, and disbursement of all
moneys derived from the sale
of such bonds, or from the revenues
of the port authority, other
than those moneys received from
taxes levied pursuant to section
4582.14 of the Revised Code, and
may provide for the deposit of
such funds without regard to
section 4582.15 of the Revised Code.
All bonds issued under authority of this chapter,
regardless
of form or terms and regardless of any other law to
the contrary,
shall have all qualities and incidents of
negotiable instruments,
subject to provisions for registration,
and may be issued in
coupon, fully registered, or other form, or
any combination
thereof, as the board of directors determines. Provision may
be
made for the registration of any coupon bonds as to principal
alone or as to both principal and interest, and for the
conversion
into coupon bonds of any fully registered bonds or
bonds
registered as to both principal and interest.
The revenue bonds shall bear interest at such rate or rates,
shall
bear such date or dates, and shall mature within forty years
following the date of
issuance and in such amount, at such time or
times, and in such number
of installments, as may be provided in
or pursuant to the resolution
authorizing their issuance. Any
original issue of revenue bonds shall
mature not later than forty
years from their date of issue.
Such resolution also shall
provide for the
execution of the bonds,
which may be by facsimile
signatures
unless prohibited by the resolution, and the manner of
sale of
the bonds. The resolution shall provide for, or
provide
for the determination of, any other terms and conditions relative
to the
issuance, sale, and retirement of the bonds
that the board
of directors in its discretion
determines to be reasonable and
proper.
Whenever a port authority considers it expedient, it may
issue renewal notes and refund any bonds, whether the bonds to be
refunded have or have not matured. The final maturity of any
notes,
including any renewal notes, shall not be later than five
years from the date
of issue of the original issue of notes. The
final maturity of
any refunding bonds shall not be later than the
later of forty years
from the date
of issue of the original issue
of bonds or the date by which it
is expected, at the time of
issuance of the refunding bonds,
that the useful life of all of
the property, other than
interests in land, refinanced with
proceeds of the bonds will
have expired. The refunding bonds
shall be
sold and the proceeds applied to the purchase,
redemption, or
payment of the bonds to be refunded and the costs
of issuance of the
refunding bonds. The bonds and notes issued
under this chapter, their transfer, and the income therefrom,
shall at all times be free from taxation within the state.
(E)(5) Do any of the following, in
regard to any interests
in any real or personal property, or any
combination thereof,
including, without limitation, machinery,
equipment, plants,
factories, offices, and other structures and
facilities related
to, useful for, or in furtherance of any
authorized purpose, for
such consideration and in such manner,
consistent with Article
VIII, Ohio
Constitution, as the board in
its sole discretion may
determine:
(1)(a) Loan moneys to any person for
the acquisition,
construction, furnishing, and equipping of the
property;
(2)(b) Acquire, construct, maintain, repair, furnish, and
equip the property;
(3)(c) Sell to, exchange with, lease, convey other interests
in, or lease with an option to purchase the same or any lesser
interest in the
property to the same
or any other person or
governmental entity;
(4)(d) Guarantee the obligations of any person or
governmental entity.
A port authority may accept and hold as consideration for
the
conveyance of property or any interest therein such property
or
interests therein as the board in its discretion may
determine,
notwithstanding any restrictions that apply to the
investment of
funds by a port authority.
(F)(6) Construct, maintain, repair, furnish,
equip, sell,
exchange,
lease, or lease with an option to purchase, any property
that it
is authorized to acquire. A port authority that is
subject to this section
also may
operate any property in
connection with transportation, recreational, governmental
operations, or cultural activities.
(1)(a) Any purchase, exchange,
sale, lease, lease with an
option to purchase, conveyance of
other interests in, or other
contract with a person or
governmental entity that pertains to the
acquisition,
construction, maintenance, repair, furnishing,
equipping, or
operation of any real or personal property, or any
combination
thereof, related to, useful for, or in furtherance of
an
activity contemplated by
Section 13 or 16 of Article VIII, Ohio
Constitution, shall be made in
such manner and subject to such
terms and conditions as may be
determined by the board of
directors in its discretion.
(2)(b) Division
(F)(1)(A)(6)(a) of this
section applies to
all
contracts that are subject to the division, notwithstanding
any
other provision of law that might otherwise apply, including,
without limitation, any requirement of notice, any requirement
of
competitive bidding or selection, or any requirement for the
provision of security.
(3)(c) Divisions
(F)(1)(A)(6)(a) and
(2)(b)
of this section
do not apply to either of the following:
(a)(i) Any contract secured by
or to be paid from moneys
raised by taxation or the proceeds of
obligations secured by a
pledge of moneys
raised by taxation;
(b)(ii) Any contract secured exclusively by or to be
paid
exclusively from the general revenues of the port
authority. For
the purposes of this section, any revenues
derived by the port
authority under a lease or other agreement
that, by its terms,
contemplates the use of amounts payable
under the agreement either
to pay the costs of the improvement
that is the subject of the
contract or to secure obligations of
the port authority issued to
finance costs of such improvement,
are excluded from general
revenues.
(G)(7) Apply to the proper authorities of the United States
pursuant to appropriate law for the right to establish, operate,
and maintain foreign trade zones and to establish, operate, and
maintain foreign trade zones; and
to acquire land or property
therefor, in a manner consistent with
section 4582.17 of the
Revised Code;
(H)(8) Exercise the right of eminent domain to appropriate
any land, rights, rights-of-way, franchises, easements, or other
property, necessary or proper for any authorized purpose, pursuant
to
the procedure provided
in sections 163.01 to 163.22 of the
Revised Code, if funds equal
to the appraised value of the
property to be acquired as a
result of such proceedings are
available for
that purpose, except that
nothing contained in
sections 4582.01 to 4582.20 of
the Revised Code shall authorize a
port authority to take or
disturb property or facilities belonging
to any agency or political
subdivision of this state, public
utility, or common carrier, which property or
facilities are
necessary and convenient in the operation of the agency or
political subdivision, public
utility, or common carrier, unless
provision is made for the restoration, relocation, or
duplication
of the property or facilities, or upon the
election of the agency
or political subdivision, public
utility, or common carrier, for
the
payment of compensation, if any, at the sole cost of the port
authority, provided that:
(1)(a) If any restoration or duplication proposed to be made
pursuant to this section involves a relocation of such property
or
facilities, the new facilities and location shall be of at
least
comparable utilitarian value and effectiveness, and
the relocation
shall not impair the ability of the public utility or
common
carrier to compete in its original area of operation.
(2)(b) If any restoration or duplication made pursuant to
this section involves a relocation of such property or
facilities,
the port authority shall acquire no interest or right
in or to the
appropriated property or facilities, except as
provided in
division
(K)(A)(11) of this section, until the
relocated
property
or facilities are available for use and until marketable
title
thereto has been transferred to the public utility or
common
carrier.
(3)(c) Provisions for restoration or duplication shall be
described in detail in the resolution for appropriation passed by
the port authority.
(I)(9) Enjoy and possess the same rights, privileges, and
powers granted municipal corporations under sections 721.04 to
721.11 of the Revised Code;
(J)(10) Maintain such funds as it considers necessary;
(K)(11) Direct its agents or employees, when properly
identified in writing, and after at least five days' written
notice, to enter upon lands within the confines of its
jurisdiction in order to make surveys and examinations
preliminary
to location and construction of works for the
purposes of the port
authority, without liability of the port
authority or its agents
or employees except for actual damage
done;
(L)(12) Sell, lease, or convey other interests in real and
personal property and grant easements or rights-of-way over
property of the port authority. The board of directors shall
specify the
consideration and any terms
thereof for the sale,
lease, or conveyance of other
interests in
real and personal
property. Any determinations made by the board
of directors under
this division shall be conclusive. The
sale, lease, or conveyance
may be made without advertising and the
receipt of bids.
(M)(13) Promote, advertise, and publicize the port authority
facilities and its authorized purposes, provide information to
persons with an interest in transportation and other port
authority activities, and appear before rate-making authorities
to
represent and promote the interests of the port authority and
its
authorized purposes;
(N)(14) Adopt rules, not in conflict with general law,
governing the use of and the safeguarding of its property,
grounds,
buildings, equipment,
and facilities, safeguarding
persons and their property located on or in
port authority
property, and governing the conduct of its employees
and
the
public, in order to promote the public safety and convenience
in
and about its terminals and grounds, and to maintain order. Any
such
regulation shall be posted at
no less than five public places
in the port authority, as
determined by the board of directors,
for a period of not fewer than fifteen
days, and shall be
available for public inspection at the
principal office of the
port authority during regular business
hours. No person shall
violate any lawful regulation adopted and posted
as provided in
this division.
(O)(15) Do all acts necessary or appropriate to carry out
its
authorized purposes. The port authority shall have the powers
and rights granted to other subdivisions under section 9.20 of
the
Revised Code.
(B) Any instrument by which real property is acquired
pursuant to
this section
shall identify the agency of the state
that has the use and benefit of the
real property as specified in
section 5301.012 of the Revised Code.
(C)
Whoever violates division (A)(14) of this section is
guilty of a minor misdemeanor.
Sec. 4582.31.
(A) A port authority created in accordance
with
section 4582.22 of the Revised Code may:
(A)(1) Adopt bylaws for the regulation of its affairs and
the
conduct of its business;
(B)(2) Adopt an official seal;
(C)(3) Maintain a principal office within its jurisdiction,
and maintain such branch offices as it may require;
(D)(4) Acquire, construct,
furnish, equip, maintain, repair,
sell, exchange, lease
to or from,
or lease with an option to
purchase, convey other
interests in real or personal property, or
any combination
thereof, related to, useful for, or in furtherance
of any
authorized purpose and operate any property in connection
with
transportation, recreational, governmental operations, or
cultural activities;
(E)(5) Straighten, deepen, and improve any channel, river,
stream, or other water course or way which may be necessary or
proper in the development of the facilities of a port
authority;
(F)(6) Make available the use or services of any port
authority facility to one or more persons, one or more
governmental agencies, or any combination thereof;
(G)(7) Issue bonds or notes for the acquisition,
construction, furnishing, or equipping of any port authority
facility or other permanent
improvement that a port authority is
authorized to acquire,
construct, furnish, or equip, in compliance
with Chapter 133. of
the Revised Code,
except that such bonds or
notes may only be issued pursuant to a
vote of the electors
residing within the area of jurisdiction of
the port authority.
The net indebtedness incurred by a port
authority shall never
exceed two per cent of the total value of
all property within the
territory comprising the port
authority
as listed and assessed for
taxation.
(H)(8) Issue port authority revenue bonds beyond the limit
of
bonded indebtedness provided by law, payable solely from
revenues
as provided in section 4582.48 of the Revised Code, for
the purpose of
providing funds to pay the costs of any port
authority facility
or facilities or parts thereof;
(I)(9) Apply to the proper authorities of the United States
pursuant to appropriate law for the right to establish, operate,
and maintain foreign trade zones and establish, operate, and
maintain
foreign trade zones
and to acquire, exchange, sell, lease
to or
from, lease with an option to purchase, or operate
facilities, land, or
property therefor
in accordance with the
"Foreign
Trade Zones Act," 48 Stat. 998 (1934),
19 U.S.C. 81a to
81u;
(J)(10) Enjoy and possess the same rights, privileges, and
powers granted municipal corporations under sections 721.04 to
721.11 of the Revised Code;
(K)(11) Maintain such funds as it considers necessary;
(L)(12) Direct its agents or employees, when properly
identified in writing, and after at least five days' written
notice, to enter upon lands within the confines of its
jurisdiction in order to make surveys and examinations
preliminary
to location and construction of works for the
purposes of the port
authority, without liability of the port
authority or its agents
or employees except for actual damage
done;
(M)(13) Promote, advertise, and publicize the port authority
and its facilities; provide information to shippers and other
commercial interests; and appear before rate-making authorities to
represent and promote the interests of the port authority;
(N)(14) Adopt rules, not in conflict with general law,
it
finds
necessary or incidental to the performance of its duties and
the execution of
its powers under sections 4582.21 to 4582.54 of
the Revised Code.
Any such rule shall be posted at
no less than
five public places in the
port authority, as determined by the
board of directors, for a period of not
fewer than fifteen days,
and shall be available for public inspection at the
principal
office of the port authority during regular business hours.
No
person shall violate any
lawful rule adopted and posted as
provided in this division.
(O)(15) Do any of the following, in regard to any interests
in any
real or personal property, or any combination thereof,
including,
without limitation, machinery, equipment, plants,
factories,
offices, and other structures and facilities related
to, useful
for, or in furtherance of any authorized purpose, for
such
consideration and in such manner, consistent with
Article
VIII of the Ohio Constitution, as the board in
its sole discretion
may determine:
(1)(a) Loan moneys to any person or governmental entity for
the acquisition, construction, furnishing, and equipping of the
property;
(2)(b) Acquire, construct, maintain, repair, furnish, and
equip the property;
(3)(c) Sell to, exchange with, lease, convey other interests
in, or lease with an option to purchase the same or any lesser
interest in the
property to the same
or any other person or
governmental entity;
(4)(d) Guarantee the obligations of any person or
governmental entity.
A port authority may accept and hold as consideration for
the
conveyance of property or any interest therein such property
or
interests therein as the board in its discretion may
determine,
notwithstanding any restrictions that apply to the
investment of
funds by a port authority.
(P)(16) Sell, lease, or convey other interests in real
and
personal property, and grant easements or rights-of-way over
property of the port authority. The board of directors shall
specify the
consideration and any terms for the sale, lease, or
conveyance
of other interests in real and personal property. Any
determination made by the board under this division shall be
conclusive. The sale, lease, or conveyance may be made without
advertising and the receipt of bids.
(Q)(17) Exercise the right
of eminent domain to appropriate
any land, rights,
rights-of-way, franchises, easements, or other
property,
necessary or proper for any authorized purpose, pursuant
to the
procedure provided in sections 163.01 to 163.22 of the
Revised
Code, if funds equal to the
appraised value of the
property to be acquired as a result of
such proceedings are
available for that purpose. However,
nothing contained in
sections 4582.201 to 4582.59 of the
Revised
Code shall authorize a
port
authority to take or disturb property or facilities belonging
to
any agency or political subdivision of this state, public
utility, or common carrier, which property or facilities are
necessary and convenient in the operation of the agency or
political subdivision, public utility, or common carrier, unless
provision is made for the restoration, relocation, or
duplication
of such property or facilities, or upon the election
of the agency
or political subdivision, public utility, or
common carrier, for
the payment of compensation, if any, at the
sole cost of the port
authority, provided that:
(1)(a) If any restoration or duplication proposed to be made
under this section involves a relocation of the property or
facilities, the new facilities and location shall be of at least
comparable utilitarian value and effectiveness and shall not
impair the ability of the public utility or common carrier to
compete in its original area of operation;
(2)(b) If any restoration or duplication made under this
section involves a relocation of the property or facilities,
the
port authority shall acquire no interest or right in or to
the
appropriated property or facilities, except as provided in
division (O) of this section,
until the relocated property or
facilities are available for use
and until marketable title
thereto has been transferred to the
public utility or common
carrier.
(R)(1)(18)(a) Make and enter into all contracts and
agreements and
execute all instruments necessary or incidental to
the
performance of its duties and the execution of its powers
under
sections 4582.21 to 4582.59 of the Revised Code.
(2)(b) Except as provided in division
(R)(3)(A)(18)(c) of
this section, when
the cost of a contract for the construction of
any building,
structure, or other improvement undertaken by a port
authority
involves an expenditure exceeding twenty-five thousand
dollars,
and the port authority is the contracting entity, the
port
authority shall make a written contract after notice calling
for
bids for the award of the contract has been given by
publication
twice, with at least seven days between publications,
in a
newspaper of general circulation in the area of the port
authority. Each
such contract shall be let to the lowest
responsive and
responsible bidder in accordance with section 9.312
of the
Revised
Code. Every contract shall be
accompanied by or
shall refer to plans and specifications for
the work to be done,
prepared for and approved by the port
authority, signed by an
authorized officer of the port authority
and by the contractor,
and shall be executed in
triplicate.
Each bid shall be awarded in accordance with sections
153.54,
153.57, and 153.571 of the
Revised
Code.
The port authority may
reject any and all bids.
(3)(c) The board of directors by rule may provide criteria
for the negotiation and
award without competitive bidding of any
contract as to which
the port authority is the contracting entity
for the
construction of any building or structure or other
improvement
under any of the following circumstances:
(a)(i) There exists a real and present
emergency that
threatens damage or injury to persons or property
of the port
authority or other persons,
provided that a statement specifying
the nature of the emergency
that is the basis for the negotiation
and award of a contract
without competitive bidding shall be
signed by the officer of
the port authority that executes that
contract at the time of
the contract's execution and shall be
attached to the
contract.
(b)(ii) A commonly recognized industry or
other standard or
specification does not exist and cannot
objectively be articulated
for the improvement.
(c)(iii) The contract is for any energy conservation measure
as
defined in section 307.041 of the Revised Code.
(d)(iv) With respect to material to be incorporated into the
improvement, only a single source or supplier
exists for the
material.
(e)(v) A single bid is received by the
port authority after
complying with the provisions of division
(R)(2)(A)(18)(b) of this
section.
(4)(a)(d)(i) If a contract is to be negotiated and
awarded
without competitive bidding for the reason set forth in
division
(R)(3)(b)(A)(18)(c)(ii)
of this section, the port authority shall
publish a notice
calling for technical proposals at least twice,
with at least
seven days between publications, in a newspaper of
general
circulation in the area of the port authority. After
receipt of
the technical proposals, the port authority may
negotiate with
and award a contract for the improvement to the
proposer making
the proposal considered to be the most
advantageous to the port
authority.
(b)(ii) If a contract is to be negotiated
and awarded
without competitive bidding for the reason set forth
in division
(R)(3)(d)(A)(18)(c)(iv)
of this section, any construction
activities related to the
incorporation of the material into the
improvement also may be
provided without competitive bidding by
the source or supplier
of that material.
(5)(a)(e)(i) Any purchase, exchange,
sale, lease, lease with
an option to purchase, conveyance of
other interests in, or other
contract with a person or
governmental entity that pertains to the
acquisition,
construction, maintenance, repair, furnishing,
equipping, or
operation of any real or personal property, or any
combination
thereof, related to, useful for, or in furtherance of
an
activity contemplated by Section 13 or 16 of
Article VIII, Ohio
Constitution, shall be
made in
such manner and subject to such
terms and conditions as may be
determined by the board of
directors in
its discretion.
(b)(ii) Division
(R)(5)(a)(A)(18)(e)(i) of
this section
applies to all contracts that are subject to the division,
notwithstanding any other provision of law that might otherwise
apply, including, without limitation, any requirement of notice,
any requirement of competitive bidding or selection, or any
requirement for the provision of security.
(c)(iii) Divisions
(R)(5)(a)(A)(18)(e)(i) and
(b)(ii)
of
this section do not apply to either of the following:
(i) Any: any contract secured by
or to be paid from moneys
raised by taxation or the proceeds of
obligations secured by a
pledge of moneys raised by taxation.
(ii) Any;
or any contract secured exclusively by or to
be
paid exclusively from the general revenues of the port
authority.
For the purposes of this section, any revenues
derived by the port
authority under a lease or other agreement
that, by its terms,
contemplates the use of amounts payable
under the agreement either
to pay the costs of the improvement
that is the subject of the
contract or to secure obligations of
the port authority issued to
finance costs of such improvement,
are excluded from general
revenues.
(S)(19) Employ managers, superintendents, and other
employees
and retain or contract with consulting engineers,
financial
consultants, accounting experts, architects, attorneys,
and
any other consultants and independent contractors as are
necessary in
its judgment to carry out this chapter, and fix the
compensation
thereof. All expenses thereof shall be payable from
any
available funds of the port authority or from funds
appropriated
for that purpose by a political subdivision creating
or
participating in the creation of the port authority.
(T)(20) Receive and accept from any state or federal
agency
grants and loans for
or in aid of the construction of any port
authority facility or
for research and development with respect to
port authority
facilities, and receive and accept aid or
contributions from any
source of money, property, labor, or other
things of value, to be
held, used, and applied only for the
purposes for which the
grants and contributions are made;
(U)(21) Engage in research and development with respect to
port authority facilities;
(V)(22) Purchase fire and extended coverage and liability
insurance for any port authority facility and for the principal
office and branch offices of the port authority, insurance
protecting the port authority and its officers and employees
against liability for damage to property or injury to or death of
persons arising from its operations, and any other insurance the
port authority may agree to provide under any resolution
authorizing its port authority revenue bonds or in any trust
agreement securing the same;
(W)(23) Charge, alter, and collect rentals and other charges
for the use or services of any port authority facility as
provided
in section 4582.43 of the Revised Code;
(X)(24) Provide coverage for its employees under Chapters
145., 4123., and 4141. of the Revised Code;
(Y)(25) Do all acts necessary or proper to carry out the
powers expressly granted in sections 4582.21 to 4582.59 of the
Revised Code.
(B) Any instrument by which real property is acquired
pursuant to
this section
shall identify the agency of the state
that has the use and benefit of the
real property as specified in
section 5301.012 of the Revised Code.
(C)
Whoever violates division (A)(14) of this section
is
guilty of a minor misdemeanor.
Sec. 4582.59. Sections 4582.22 to
4582.99
4582.59 of the
Revised Code
and division (C) of section 4582.06 of the
Revised
Code being necessary
for the welfare of the state and its
inhabitants shall be liberally construed
to effect the purposes
thereof.
Sec. 4583.01.
(A) No person shall keep a ferry across a
stream
running through or
bounding on a county in this state,
without having obtained a license therefor
from the court of
common pleas of such county.
(B)
Whoever violates this section shall be fined not more
than
thirty dollars.
Sec. 5120.032. (A) No later than January 1, 1998, the
department of
rehabilitation and correction shall
develop and
implement intensive program prisons for male and female prisoners
other than prisoners described in division (B)(2) of this section.
The
intensive program prisons shall include institutions at which
imprisonment of the type described in division
(B)(2)(a) of
section 5120.031 of the Revised Code is provided and prisons that
focus on
educational achievement, vocational training, alcohol and
other drug abuse
treatment, community service and conservation
work, and other intensive
regimens or combinations of intensive
regimens.
(B)(1)(a) Except as provided in division
(B)(2) of this
section, if the sentencing court determines that a prisoner is
eligible for
placement in an intensive program prison under this
section and the sentencing
court either recommends the offender
for placement in the intensive program
prison or makes no
recommendation on placement of the prisoner, the
department may
place the prisoner in an
intensive
program prison established
pursuant to division (A) of this section.
If the sentencing court recommends a prisoner for placement
in an intensive
program prison and the department subsequently
places the prisoner in the
recommended prison, the department
shall notify the court of the prisoner's
placement in the
recommended intensive program prison and shall include with
the
notice a brief description of the placement.
If the sentencing court approves placement of a prisoner in
an intensive
program prison and the department does not
subsequently place the offender in
the recommended prison, the
department shall send a notice to the court
indicating why the
prisoner was not placed in the recommended prison.
If the sentencing court does not make a recommendation on the
placement of
an eligible prisoner in an intensive program prison,
the department shall
screen the prisoner and determine if the
prisoner is suited for the prison.
If
the prisoner is suited for
the intensive program prison, at
least
three weeks prior to
placing the prisoner in the prison, the
department shall notify
the sentencing court of the
proposed placement of the prisoner in
the intensive program prison and shall
include with the notice a
brief description of the placement. The court shall
have ten days
from receipt of the notice to disapprove the placement. If
the
sentencing court disapproves the placement, the
department shall
not proceed with it. If the sentencing
court does not timely
disapprove
of the placement, the department may proceed with plans
for it.
If the sentencing court determines that a prisoner is not
eligible for
placement in an intensive program prison or if the
sentencing court
disapproves placement of an offender in a prison
of that nature, the
department of rehabilitation and correction
shall not place the prisoner in
any intensive program prison.
(b) The department may reduce the stated prison term
of a
prisoner upon the prisoner's successful completion of a
ninety-day
period in an intensive program prison. A prisoner whose term has
been so reduced
shall be required to serve an intermediate,
transitional type of detention
followed by a release under
post-release control sanctions or, in the
alternative, shall be
placed under post-release control sanctions, as
described in
division (B)(2)(b)(ii) of section 5120.031
of the Revised Code.
In
either case, the placement under post-release control
sanctions
shall be under terms
set by the
parole board in accordance with
section 2967.28 of the Revised Code and shall
be
subject to
the
provisions of that section with respect to a violation of any
post-release control sanction.
(2) A prisoner who is in any of the following categories is
not eligible
to participate in an intensive program prison
established pursuant to
division (A) of this section:
(a) The prisoner is serving a prison term for aggravated
murder,
murder, or a felony of the first or second degree or a
comparable
offense under the law in effect prior to
July 1, 1996,
or the prisoner previously has
been imprisoned for aggravated
murder, murder, or a felony of the first or
second degree or a
comparable offense under the law in effect prior to
July 1, 1996.
(b) The prisoner is serving a mandatory prison term, as
defined
in section 2929.01 of the Revised Code.
(c) The prisoner is serving a prison term for a felony of
the
third, fourth, or fifth degree that either is a sex offense,
an offense
betraying public trust, or an offense in which the
prisoner caused or
attempted to cause actual physical harm to a
person, the prisoner is serving a
prison term for a comparable
offense under the law in effect prior to
July 1,
1996, or the
prisoner previously has been imprisoned for an offense
of that
type or a comparable
offence offense under the law in
effect prior
to July 1, 1996.
(d) The prisoner is serving a mandatory prison term in
prison for a third or
fouth fourth degree felony
OMVI
OVI offense,
as
defined in
section 2929.01 of the Revised Code, that was
imposed pursuant to division
(G)(2) of section 2929.13 of the
Revised Code.
(C) Upon the implementation of intensive program prisons
pursuant to division
(A) of this section, the department at all
times shall maintain intensive
program prisons sufficient in
number to reduce the prison terms of at least
three hundred fifty
prisoners who are eligible for reduction of their stated
prison
terms as a result of their completion of a regimen in an intensive
program prison under this section.
Sec. 5120.033. (A) As used in this section, "third degree
felony
OMVI
OVI offense" and "fourth
degree
felony
OMVI
OVI
offense" have the same meanings as in
section 2929.01 of the
Revised Code.
(B) Within eighteen months after
October 17, 1996, the
department of
rehabilitation and correction shall
develop and
implement intensive program prisons for male and female prisoners
who are sentenced pursuant to division (G)(2) of section 2929.13
of the
Revised Code to a mandatory prison term for a third or
fourth
degree felony
OMVI
OVI offense. The department shall
contract pursuant to section
9.06 of the Revised Code for the
private
operation and management of the initial intensive
program
prison established under this section and may contract pursuant to
that section for the private operation and management of any other
intensive
program prison established under this section. The
intensive
program prisons established under this
section shall
include
prisons that focus on educational achievement, vocational
training, alcohol
and other drug abuse treatment,
community
service and conservation work, and other intensive
regimens or
combinations of intensive regimens.
(C) Except as provided in division (D) of this
section, the
department may place a prisoner who is sentenced to a mandatory
prison term for a third or fourth degree felony
OMVI
OVI
offense
in an intensive program prison
established pursuant to division
(B) of this section if
the sentencing judge, upon notification by
the department of its
intent to place the
prisoner in an intensive
program prison, does not notify the
department that the judge
disapproves the placement. If the stated prison term imposed on a
prisoner
who is so placed is longer than the mandatory prison term
that is required to
be imposed on the prisoner, the department may
reduce the stated
prison term upon the prisoner's successful
completion of
the prisoner's mandatory prison term in an intensive
program prison. A
prisoner whose term has been so reduced
shall
be required to serve an intermediate, transitional type of
detention
followed by a release under post-release control
sanctions or, in the
alternative, shall be placed under
post-release control sanctions, as
described in division
(B)(2)(b)(ii) of section 5120.031
of the Revised Code. In either
case, the placement under post-release control
sanctions shall be
under terms set by the parole board in accordance with
section
2967.28 of the Revised Code and shall
be subject to the provisions
of that section with respect to a violation of
any post-release
control sanction. Upon the establishment of the initial
intensive
program prison pursuant to division (B) of this section
that is
privately operated and managed by a contractor pursuant to a
contract
entered into under section 9.06 of
the Revised Code, the
department shall comply with
divisions (G)(2)(a) and (b) of
section 2929.13 of the Revised Code in placing prisoners in
intensive program
prisons under
this section.
(D) A prisoner who is sentenced to a mandatory prison term
for a
third or fourth degree felony
OMVI
OVI offense
is not
eligible to participate in an intensive program prison established
under division (B) of this section if any of the following applies
regarding the prisoner:
(1) In addition to the mandatory prison term for the third
or
fourth
degree felony
OMVI
OVI offense, the prisoner also is
serving a prison term of a type
described in division (B)(2)(a),
(b), or (c)
of section 5120.032 of the Revised Code.
(2) The prisoner previously has been imprisoned for
an
offense of a type described in division (B)(2)(a) or
(c) of
section 5120.032 of the Revised Code or a comparable
offense under
the law in effect prior to July 1, 1996.
(E) Intensive program prisons established under division
(B)
of this section are not subject to section 5120.032 of the Revised
Code.
Sec. 5120.161. (A) Except as provided in division (C) of
this section, the department of rehabilitation and correction may
enter into an agreement with any local authority operating a
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, as described in section
307.93, 341.21, or 753.16 of the Revised Code, for the housing in
the jail or workhouse operated by the local authority of persons
who are convicted of or plead guilty to a felony of the fourth
or
fifth
degree if the
person previously has not been convicted of or
pleaded guilty to a felony and
if the
felony is not an offense of
violence. The agreement shall
specify a per diem fee that the
department shall pay the local
authority for each such person
housed in the jail or workhouse
pursuant to the agreement, shall
set forth any other terms and
conditions for the housing of such
persons in the jail or
workhouse, and shall indicate that the
department, subject to the
relevant terms and conditions set
forth, may designate those
persons to be housed at the jail or
workhouse.
(B) A person designated by the department to be housed in
a
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse that is the subject of an
agreement entered into under division (A) of this section shall
be
conveyed by the department to that jail or workhouse and shall
be
kept at the jail or workhouse until the person's term of
imprisonment expires, the person is pardoned,
paroled, or
placed
under a post-release control sanction, or the person is
transferred under the laws permitting the transfer of prisoners.
The department shall pay the local authority that operates the
jail or workhouse the per diem fee specified in the agreement for
each such person housed in the jail or workhouse. Each such
person housed in the jail or workhouse shall be under the direct
supervision and control of the keeper, superintendent, or other
person in charge of the jail or workhouse, but shall be
considered
for all other purposes to be within the custody of the
department
of rehabilitation and correction. Section 2967.193
of the Revised
Code and all other
provisions of the Revised Code that pertain to
persons within the
custody of the department that would not by
their nature clearly
be inapplicable apply to persons housed
pursuant to this section.
(C) The department of rehabilitation and correction shall
not enter into an agreement pursuant to division (A) of this
section with any local authority unless the jail or workhouse
operated by the authority complies with the Minimum Standards for
Jails in Ohio.
(D) A court that sentences a person for a felony may include
as
the sentence or part of the sentence, in accordance with
division (A)
of section 2929.16 of the Revised Code and regardless
of whether the jail
or workhouse is the
subject of an agreement
entered into under division (A) of this
section, a sanction that
consists of a term of up to six months in a jail or
workhouse or,
if the offense is a fourth degree felony
OMVI
OVI offense
and the
offender is sentenced under division
(G)(1) of section 2929.13 of
the Revised Code, a sanction that consists of a
term of up to
one
year in jail less the mandatory term of local incarceration of
sixty or
one hundred twenty
consecutive days imposed pursuant to
division (G)(1) of section
2929.13 of the Revised Code.
(E) "Fourth degree felony
OMVI
OVI offense" and
"mandatory
term of local incarceration" have the same meanings as in section
2929.01
of the Revised Code.
Sec. 5503.22. Driver's license examiners assigned to the
driver's license
examination section shall conduct all
examinations for driver's licenses as
required by sections 4507.01
to
4507.38, inclusive,
4507.36 of
the Revised Code,
subject to the
regulations issued by the registrar of motor vehicles.
Sec. 5743.99. (A) Whoever violates section 5743.10,
5743.11, or 5743.12 or division (C) of section 5743.54 of
the
Revised Code is guilty of a misdemeanor of the first degree. If
the offender has been previously convicted of an offense under
this division, violation is a felony of the fourth degree.
(B) Whoever violates section 5743.111, 5743.112, 5743.13,
5743.14,
5743.59, or 5743.60 of the Revised Code is guilty of a
felony of
the fourth degree. If the offender has been previously
convicted
of an offense under this division, violation is a felony
of the
second degree.
(C) Whoever violates section 5743.41 or 5743.42 of the
Revised Code is guilty of a misdemeanor of the fourth degree. If
the offender has been previously convicted of an offense under
this division, violation is a misdemeanor of the third degree.
(D) Whoever violates section 5743.21 of the Revised Code is
guilty of a misdemeanor of
the
first degree. If the offender has
been previously convicted of an offense
under this division,
violation is a felony of the fifth degree.
(E) Whoever violates any provision of this chapter, or any
rule promulgated by the tax commissioner under authority of this
chapter, for the violation of which no penalty is provided
elsewhere, is guilty of a misdemeanor of the fourth degree.
(F) In addition to any other penalty imposed upon a person
convicted of a violation of section 5743.112 or 5743.60 of the
Revised Code who was the operator of a motor vehicle used in the
violation, the
registrar of motor vehicles
court shall suspend
any
for not less than thirty days or more than three years the
offender's
driver's
or
license, commercial driver's license
issued
to the offender, temporary instruction permit, probationary
license, or nonresident operating privilege.
The
court shall send
a copy of its suspension order and
determination to the
registrar
of motor vehicles, and the
registrar, pursuant to the
order and
determination
of the trial
judge of any
court of record as
provided in section 4507.16 of the
Revised
Code,
shall impose a
suspension of the same duration. No judge shall suspend the first
thirty days of suspension of an offender's license, permit, or
privilege required by this division.
Section 2. That existing sections 9.981, 119.062, 733.40,
1547.11, 1547.111,
1547.99, 1901.024, 1901.31, 1905.01, 1905.201,
1907.20, 2151.354, 2152.19, 2152.21, 2743.191, 2743.51, 2743.52,
2903.04, 2903.06, 2903.08,
2907.24, 2919.22, 2921.331, 2923.01,
2923.122, 2925.01,
2925.02,
2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.12,
2925.13, 2925.14, 2925.22, 2925.23, 2925.31,
2925.32, 2925.36, 2925.37,
2925.38, 2929.01, 2929.13, 2929.14,
2929.15, 2929.16,
2929.17,
2929.18, 2929.19, 2929.23, 2929.41,
2935.03, 2935.27,
2937.221,
2937.222, 2937.46, 2937.99, 2951.02,
2953.31, 2953.36,
3123.55,
3123.58, 3123.59, 3123.613, 3123.614,
3327.10,
3793.02, 3793.10, 3937.31,
4301.99, 4501.01, 4501.022,
4501.17,
4501.19, 4501.25, 4503.033,
4503.05, 4503.061, 4503.066,
4503.10,
4503.102, 4503.11, 4503.12,
4503.182, 4503.19, 4503.21,
4503.231,
4503.233, 4503.234,
4503.236, 4503.28, 4503.30,
4503.301, 4503.32,
4503.34, 4503.39,
4503.44, 4503.46, 4503.47,
4503.471, 4505.101,
4505.102,
4505.11,
4505.111, 4505.15, 4505.17,
4505.18,
4505.19,
4505.20,
4505.21, 4505.99, 4506.01, 4506.02,
4506.03,
4506.04,
4506.05,
4506.06, 4506.10, 4506.11, 4506.12,
4506.14,
4506.15,
4506.16,
4506.17, 4506.18, 4506.19, 4506.20,
4506.99,
4507.02, 4507.022,
4507.023, 4507.05, 4507.06, 4507.061,
4507.071,
4507.08, 4507.081,
4507.111, 4507.12, 4507.13, 4507.14,
4507.15,
4507.16,
4507.161,
4507.162, 4507.163, 4507.164,
4507.167,
4507.168, 4507.169,
4507.1610, 4507.1611, 4507.1613,
4507.17,
4507.19, 4507.20,
4507.21, 4507.25,
4507.26, 4507.27,
4507.28,
4507.29, 4507.30,
4507.31, 4507.321, 4507.33,
4507.34,
4507.35,
4507.36, 4507.361,
4507.38, 4507.45, 4507.50,
4507.52,
4507.54,
4507.55, 4507.60,
4507.61, 4507.62, 4507.63, 4507.99,
4508.03,
4508.04, 4508.06,
4509.02, 4509.101, 4509.17,
4509.24,
4509.291,
4509.33, 4509.34,
4509.35, 4509.37, 4509.40,
4509.42,
4509.45,
4509.74, 4509.77,
4509.78, 4509.79, 4509.80,
4509.81,
4511.01,
4511.03, 4511.051,
4511.11, 4511.12, 4511.132,
4511.16,
4511.17,
4511.18, 4511.19,
4511.191, 4511.192, 4511.193,
4511.195,
4511.196, 4511.20,
4511.201, 4511.202, 4511.21,
4511.211,
4511.213, 4511.22,
4511.23,
4511.25, 4511.251, 4511.26, 4511.27,
4511.28, 4511.29,
4511.30,
4511.31, 4511.32, 4511.33, 4511.34,
4511.35, 4511.36,
4511.37,
4511.38, 4511.39, 4511.40, 4511.41,
4511.42, 4511.43,
4511.431,
4511.432, 4511.44, 4511.441, 4511.45,
4511.451,
4511.452, 4511.46,
4511.47, 4511.48, 4511.481, 4511.49,
4511.50,
4511.51, 4511.511,
4511.521, 4511.53, 4511.54, 4511.55,
4511.56,
4511.57, 4511.58,
4511.59, 4511.60, 4511.61, 4511.62,
4511.63,
4511.64, 4511.66,
4511.661, 4511.68, 4511.681, 4511.69,
4511.70,
4511.701, 4511.71,
4511.711, 4511.712, 4511.713, 4511.72,
4511.73,
4511.74, 4511.75,
4511.751, 4511.76, 4511.761, 4511.762,
4511.763,
4511.764,
4511.77, 4511.771, 4511.772, 4511.78, 4511.79,
4511.81,
4511.82,
4511.84, 4511.85, 4511.95, 4511.951, 4511.99,
4513.02,
4513.021,
4513.022, 4513.03, 4513.04, 4513.05, 4513.06,
4513.07,
4513.071,
4513.09, 4513.10, 4513.11, 4513.111, 4513.12,
4513.13, 4513.14,
4513.15, 4513.16, 4513.17, 4513.171, 4513.18,
4513.182, 4513.19,
4513.20, 4513.201, 4513.202, 4513.21, 4513.22,
4513.23, 4513.24,
4513.241, 4513.242, 4513.25, 4513.26, 4513.261,
4513.262,
4513.263, 4513.27,
4513.28, 4513.29, 4513.30, 4513.31,
4513.32,
4513.34, 4513.36,
4513.361, 4513.51, 4513.60, 4513.64,
4513.65,
4513.99,
4517.02,
4517.03, 4517.19, 4517.20, 4517.21,
4517.22,
4517.23,
4517.24,
4517.25, 4517.26, 4517.27, 4517.40,
4517.41,
4517.42,
4517.43,
4517.44, 4517.45, 4517.64, 4517.99,
4519.02,
4519.05,
4519.06,
4519.20, 4519.22, 4519.40, 4519.41,
4519.44,
4519.45,
4519.52,
4519.66, 4519.67, 4549.01, 4549.02,
4549.021,
4549.03,
4549.042,
4549.08, 4549.10, 4549.11, 4549.12,
4549.18,
4549.42,
4549.43,
4549.44, 4549.45, 4549.451, 4549.46,
4549.62,
4551.04,
4561.11,
4561.12, 4561.14, 4561.15, 4561.22,
4561.24,
4561.31,
4561.99,
4563.09, 4563.10, 4563.20, 4582.06,
4582.31,
4582.59, 4583.01,
5120.032, 5120.033, 5120.161, 5503.22,
and
5743.99 and sections
3123.611,
4503.235, 4503.99, 4507.012,
4507.021,
4507.165,
4507.166, 4507.18, 4508.99, 4509.105, 4509.31,
4509.32, 4509.99,
4511.83, 4511.991, 4519.99, 4549.99, 4551.99,
4563.99, 4582.99,
and 4583.99 of the Revised Code are hereby
repealed.
Section 3. The General Assembly hereby recommends to the
Supreme Court
that it amend the Ohio Traffic Rules that have been
adopted under
authority of section 2937.46 of the Revised Code to
provide
procedures to govern felony violations of section 4511.19
of the
Revised Code.
Section 4. Sections 1 and 2 of this act shall take
effect on
January 1, 2004.
Section 5. Notwithstanding division (B) of section 1.58 of
the Revised Code,
the provisions of the Revised Code amended or
enacted in Sections
1 and 2 of this
act shall apply only in
relation to conduct and
offenses committed
on or after January 1,
2004. Conduct and offenses
committed prior
to January 1, 2004,
shall
be governed by the law in
effect on the
date the conduct or
offense was committed.
Section 6. From any amount appropriated to the Attorney
General specifically for this purpose or from any other funds
available to the Attorney General that could be used for this
purpose,
the Attorney General shall develop, print, and
distribute, in conjunction with the Ohio Department of Public
Safety and the Ohio Criminal Sentencing Commission, training
materials for the Ohio Department of Public Safety, law
enforcement, and other appropriate persons for the implementation
of this act.
Section 7. (A) If, on or after March 31, 1999, a person
filed an application in a court that requested the sealing of a
conviction record under sections 2953.31 to 2953.36 of the Revised
Code, if at the time the application was filed section 2953.36 did
not make sections 2953.31 to 2953.35 of the Revised Code
inapplicable to the conviction that was the subject of the
application, if the person withdrew the application prior to March
31, 2001, and if the person refiles an application in the
appropriate court within ninety days after the effective date of
this section that requests the sealing of the same conviction
record under sections 2953.31 to 2953.36 of the Revised Code, all
of the following apply:
(1) Divisions (C), (D), and (E) of section 2953.36 of the
Revised Code, as they have existed since March 23, 2000, do not
apply regarding the application or the determination of whether it
should be accepted or granted, and the court may accept and grant
the application regardless of whether the conviction that is the
subject of the application is a conviction to which any of those
divisions, but for the operation of this division, makes sections
2953.31 to 2953.35 of the Revised Code inapplicable.
(2) Except as provided in division (A)(1) of this section,
the provisions of sections 2953.31 to 2953.36 of the Revised Code
that are in effect at the time of the refiling of the application
apply regarding the application and the determination of whether
it should be granted.
(B) This section shall expire one year after this act
becomes law.
Section 8. Section 2923.01 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Sub.
H.B. 125 and Am. Sub. S.B. 269 of the 121st General Assembly.
Section 2925.03 of the Revised Code is
presented in this act as a
composite of the section as amended by
both Am. H.B. 528 and Am.
Sub. S.B. 107 of the 123rd General
Assembly. Section 2929.01 of
the Revised Code is presented
in this act
as a composite of the
section as amended by Am.
Sub.
H.B. 349, Am. Sub. S.B. 179, and
Am. Sub. S.B. 222 of
the 123rd
General Assembly. Section 2929.13
of the Revised Code is presented in this act
as a
composite of the
section as amended by Am. H.B. 528, Am. Sub. S.B. 22,
Am. Sub.
S.B. 107, Am. S.B. 142, and Am. Sub. S.B. 222 of the 123rd General
Assembly. Sections 2929.15 and 2929.19 of the Revised Code are
presented in this act
as a composite of the section as amended by
Am. Sub. H.B. 349, Am. Sub. S.B. 22, and Am. Sub. S.B. 107 of the
123rd
General Assembly. Section 2929.17 of the Revised Code is
presented in this act
as a composite of the section as amended by
Am. Sub. H.B. 349, Am. S.B. 9,
Am. Sub. S.B. 22, and Am. Sub. S.B.
107 of the 123rd General Assembly. Section 2929.18 of the Revised
Code is presented in
this act as a composite of the section as
amended by Am. H.B. 528, Am. Sub. S.B. 22, and Am. Sub. S.B. 107
of the 123rd General Assembly.
Sections 2929.41
and
5120.032 of
the Revised Code are presented in this act
as a
composite of the
section as amended by both Am. Sub. S.B. 22 and
Am. Sub.
S.B. 107
of the 123rd General Assembly.
Section 2937.222
of the Revised
Code is presented in this act
as a
composite of the
section as
amended by both
Am. Sub. H.B. 137 and
Am. Sub. S.B. 22
of the
123rd General Assembly. Section 4503.10 of the Revised Code is
presented in
this act as a composite of the section as amended by
Am. Sub. H.B. 94, S.B. 31, and Sub. S.B. 59, all of
the 124th
General Assembly. Sections
4503.233 and 4507.164 of the Revised
Code are
presented in this
act
as a composite of the sections as
amended by
Am. H.B. 80,
Am.
Sub. S.B. 22 and Am. Sub. S.B. 107 of
the 123rd
General Assembly.
Section 4503.234 of the Revised Code
is
presented in
this act
as a composite of the section as amended
by
both
Am. Sub.
H.B. 353 and Am. Sub. H.B. 676
of the 121st
General
Assembly. Section
4507.38 of the Revised Code, renumbered
as
section 4510.41 of the
Revised Code, is presented in this act
as a
composite of the
section as amended by both
Am. Sub. H.B. 353
and
Am. Sub. H.B. 676
of the 121st General Assembly.
Section
4511.193
of the
Revised Code is presented in this act
as a
composite of the
section as amended by both
Am. H.B. 80 and Am.
Sub. S.B. 107 of
the 123rd General Assembly.
Section 4513.99 of
the Revised
Code
is presented
in this act
as a composite of the
section as
amended
by both
Am.
Sub. H.B. 138 and Am. Sub. H.B. 600
of the
123rd
General Assembly.
Sections 4582.06 and 4582.31 of
the
Revised
Code are presented in
this act
as a composite of the
sections as
amended by both
Sub.
H.B. 19 and Am. S.B. 137 of the
123rd General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composites are the
resulting versions of
the sections in effect prior to the
effective date of the sections
as presented in this act.