(b)(E) Except as otherwise provided in this division, | 77 |
|
aggravated
vehicular homicide committed in violation of division | 78 |
|
(A)(2) of
this section is a felony of the third degree.
Aggravated | 79 |
|
vehicular homicide
committed in violation
of division
(A)(2) of | 80 |
|
this section is a felony of the second
degree if, at the
time of | 81 |
|
the offense, the offender was driving under a
suspension
imposed | 82 |
|
under Chapter 4507. of the Revised Code or any other
provision
of | 83 |
|
the Revised Code or if the offender previously has
been convicted | 84 |
|
of or pleaded guilty to
a
violation of this section
or any | 85 |
|
traffic-related homicide, manslaughter, or
assault
offense. | 86 |
(2)(F) Whoever violates division (A)(3) of this section is | 93 |
|
guilty of
vehicular homicide. Except as otherwise provided in
this | 94 |
| division,
vehicular homicide is a misdemeanor of the first
degree. | 95 |
|
Vehicular homicide is a felony of the fourth degree if,
at the | 96 |
|
time of the offense, the offender was driving under a
suspension | 97 |
|
or revocation imposed under Chapter 4507. or any other
provision | 98 |
| of the Revised Code
or if the
offender
previously has
been | 99 |
| convicted of or pleaded guilty to a violation of this
section
or | 100 |
| any traffic-related homicide, manslaughter, or assault
offense. | 101 |
| In addition to any other sanctions imposed
pursuant to this | 102 |
|
division, the court shall
suspend the offender's driver's license, | 103 |
|
commercial driver's
license,
temporary
instruction permit, | 104 |
|
probationary license, or
nonresident operating privilege
for a | 105 |
|
definite period of one to
five years pursuant to section 4507.16 | 106 |
|
of the Revised Code
or, if
the offender previously has been | 107 |
|
convicted of or pleaded
guilty to
a violation of this section or | 108 |
|
any traffic-related
homicide,
manslaughter, or assault offense, | 109 |
|
for a definite period of two to
ten years pursuant to that | 110 |
|
section. | 111 |
(3)(G) Whoever violates division (A)(4) of this section is | 112 |
|
guilty of
vehicular manslaughter. Except as otherwise provided in | 113 |
|
this division,
vehicular manslaughter is a misdemeanor of the | 114 |
|
second
degree. Vehicular manslaughter is a misdemeanor of the | 115 |
|
first
degree if, at the time of the offense, the offender was | 116 |
|
driving
under a suspension imposed under Chapter 4507. of the | 117 |
|
Revised Code
or if the offender previously has been convicted of | 118 |
|
or pleaded guilty to a
violation of this section or any | 119 |
|
traffic-related homicide, manslaughter, or
assault offense. | 120 |
| In addition to any other sanctions imposed
pursuant to this | 121 |
|
division, the court shall
suspend the offender's driver's license, | 122 |
|
commercial driver's
license,
temporary
instruction permit, | 123 |
|
probationary license, or
nonresident operating privilege
for a | 124 |
|
definite period of three
months to two years pursuant to section | 125 |
|
4507.16
of the Revised
Code
or, if the offender previously has | 126 |
|
been convicted of or
pleaded guilty to a
violation of this
section | 127 |
|
or any
traffic-related homicide, manslaughter, or assault
offense, | 128 |
|
for a
definite period of one to five years pursuant to that | 129 |
|
section. | 130 |
| (b)
"Traffic-related homicide,
manslaughter, or assault | 145 |
|
offense"
means a violation of section 2903.04 of the Revised Code | 146 |
|
in
circumstances in which division (D) of that section applies, a | 147 |
|
violation of section 2903.06 or 2903.08 of the Revised Code, or a | 148 |
|
violation of section 2903.06, 2903.07, or 2903.08 of the Revised | 149 |
Code as they existed prior
to the effective date of this
amendment | 150 |
| March 23, 2000. | 151 |
| (2) For the purposes of this section, when a penalty or | 152 |
|
suspension is enhanced because of a prior or current violation of | 153 |
|
a specified law or a prior or current specified offense, the | 154 |
|
reference to the violation of the specified law or the specified | 155 |
|
offense includes any violation of any substantially equivalent | 156 |
|
municipal ordinance, former law of this state, or current or | 157 |
|
former law of another state or the United States. | 158 |
| (2) In addition to any other sanctions imposed
pursuant to | 206 |
|
division (B)(1) of this section, the court shall
suspend the | 207 |
|
offender's driver's license,
commercial driver's license, | 208 |
|
temporary instruction permit, probationary
license, or nonresident | 209 |
|
operating privilege
for a definite period of two to ten years | 210 |
|
pursuant to section 4507.16 of the Revised Code or,
if the | 211 |
|
offender
previously has been convicted of or pleaded guilty to a | 212 |
|
violation of this
section or any traffic-related homicide, | 213 |
|
manslaughter, or assault
offense, for a definite period of three | 214 |
|
years to life pursuant to that
section. | 215 |
(2)(C) Whoever violates division (A)(2) of this section is | 216 |
|
guilty of
vehicular assault. Except as otherwise provided in this | 217 |
|
division, vehicular
assault is a felony of the fourth degree.
| 218 |
|
Vehicular assault is a felony of the third degree if, at the time | 219 |
|
of the offense, the offender was driving under a suspension | 220 |
|
imposed under Chapter 4507. of the Revised Code or if the offender | 221 |
|
previously has been convicted of or pleaded guilty to a violation | 222 |
|
of this section or any traffic-related homicide, manslaughter, or | 223 |
|
assault offense. | 224 |
| In addition to any other sanctions imposed, the court shall | 225 |
|
suspend the offender's driver's license,
commercial driver's | 226 |
|
license, temporary instruction permit, probationary
license, or | 227 |
|
nonresident operating privilege
for a definite period of one to | 228 |
|
five years pursuant to section 4507.16 of the
Revised Code
or, if | 229 |
|
the offender
previously has been convicted of or pleaded guilty to | 230 |
|
a violation of this
section or any traffic-related homicide, | 231 |
|
manslaughter, or assault
offense, for a definite period of two to | 232 |
|
ten years pursuant to that
section. | 233 |
(E)(F) For the purposes of this section, when a penalty or | 252 |
|
suspension is enhanced because of a prior or current violation of | 253 |
|
a
specified law or a prior or current specified offense, the | 254 |
|
reference to
the violation of the specified law or the specified | 255 |
|
offense
includes any violation of any substantially equivalent | 256 |
|
municipal
ordinance, former law of this state, or current or | 257 |
|
former law of
another state or the United States. | 258 |
| (2) Subject to division (D)(1) of this
section, the trial | 280 |
|
judge of any court of record, in addition to or independent
of all | 281 |
|
other penalties provided by law or by ordinance, shall suspend the | 282 |
|
driver's or commercial driver's license or permit or nonresident | 283 |
|
operating
privilege of any person
who is convicted of or pleads | 284 |
|
guilty to a violation of section 2903.06 or
2903.08 of
the Revised | 285 |
|
Code. The suspension
shall be for the period of time specified in | 286 |
|
section 2903.06 or 2903.08 of the
Revised Code,
whichever is | 287 |
|
applicable. | 288 |
| (3) If a person is convicted of or pleads guilty to a | 289 |
|
violation of
section
2907.24 of the Revised Code, an attempt to | 290 |
|
commit a violation of that
section, or a violation of or an | 291 |
|
attempt to commit a violation of a municipal
ordinance that is | 292 |
|
substantially equivalent to that section and if the person,
in | 293 |
|
committing or attempting to commit the violation, was in, was on, | 294 |
|
or used a
motor vehicle, the trial judge of a court of record, in | 295 |
|
addition to or
independent of all other penalties provided by law | 296 |
|
or ordinance, shall suspend
for thirty days the person's driver's | 297 |
|
or commercial driver's license or
permit. | 298 |
| (4) If the trial judge of any court of record
suspends or | 306 |
|
revokes the driver's or commercial driver's license or permit or | 307 |
|
nonresident operating privilege of a person who is convicted of or | 308 |
|
pleads
guilty to any offense for which such suspension or | 309 |
|
revocation is provided by
law or ordinance, in addition to all | 310 |
|
other penalties provided by law or
ordinance, the judge may issue | 311 |
|
an order prohibiting the offender from
registering, renewing, or | 312 |
|
transferring the registration of any vehicle during
the period | 313 |
|
that the offender's license, permit, or privilege is suspended or | 314 |
|
revoked. The court promptly shall send a copy of the order to the | 315 |
|
registrar
of motor vehicles. | 316 |
| Upon receipt of such an order, neither the registrar nor any | 317 |
|
deputy
registrar shall accept any application for the | 318 |
|
registration, registration
renewal, or transfer of registration of | 319 |
|
any motor vehicle owned or leased by
the person named in the order | 320 |
|
during the period that the person's license,
permit, or privilege | 321 |
|
is suspended or revoked, unless the registrar is properly
notified | 322 |
|
by the court that the order of suspension or revocation has been | 323 |
|
canceled. When the period of suspension or revocation expires or | 324 |
|
the order is
canceled, the registrar or deputy registrar shall | 325 |
|
accept the application for
registration, registration renewal, or | 326 |
|
transfer of registration of the person
named in the order. | 327 |
| (B) Except as otherwise provided in this section, the
trial | 328 |
|
judge of any court of record and the mayor of a mayor's
court, in | 329 |
|
addition to or independent of all other penalties
provided by law | 330 |
|
or by ordinance, shall revoke the driver's or
commercial driver's | 331 |
|
license or permit or nonresident operating
privilege of any person | 332 |
|
who is convicted of or pleads guilty to a
violation of division | 333 |
|
(A) of section 4511.19 of the Revised Code,
of a municipal | 334 |
|
ordinance relating to operating a vehicle while
under the | 335 |
|
influence of alcohol, a drug of abuse, or alcohol and a
drug of | 336 |
|
abuse, or of a municipal ordinance that is substantially | 337 |
|
equivalent to division (A) of section 4511.19 of the Revised Code | 338 |
|
relating to operating a vehicle with a prohibited concentration
of | 339 |
|
alcohol in the blood, breath, or urine or suspend the license, | 340 |
|
permit, or privilege as follows: | 341 |
| (2) Subject to division (B)(4) of this section, if, within | 348 |
|
six years of the
offense, the offender has
been convicted of or | 349 |
|
pleaded guilty to one violation of division
(A) or (B) of section | 350 |
|
4511.19 of the Revised Code, a municipal
ordinance relating to | 351 |
|
operating a vehicle while under the
influence of alcohol, a drug | 352 |
|
of abuse, or alcohol and a drug of
abuse, a municipal ordinance | 353 |
|
relating to operating a motor
vehicle with a prohibited | 354 |
|
concentration of alcohol in the blood,
breath, or urine, section | 355 |
|
2903.04 of the Revised Code in a case
in which the offender was | 356 |
|
subject to the sanctions described in
division (D) of that | 357 |
|
section, section 2903.06 or
2903.08 of the Revised Code, former | 358 |
|
section 2903.07 of the Revised Code,
or a municipal ordinance that | 359 |
|
is
substantially similar to former section 2903.07 of the Revised | 360 |
|
Code in
a
case in which the jury or judge found that the offender | 361 |
|
was under
the influence of alcohol, a drug of abuse, or alcohol | 362 |
|
and a drug
of abuse, or a statute of the United States or of any | 363 |
|
other state or a municipal ordinance of a municipal
corporation | 364 |
|
located in any other state that is substantially similar to | 365 |
|
division (A) or (B) of section 4511.19 of the Revised Code,
the | 366 |
|
judge shall suspend the offender's driver's or
commercial driver's | 367 |
|
license or permit or nonresident operating
privilege for not less | 368 |
|
than one year nor more than five years. | 369 |
| (3) Subject to division (B)(4) of this section, if, within | 370 |
|
six years of the
offense, the offender has been convicted of or | 371 |
|
pleaded guilty to two
violations described in division (B)(2) of | 372 |
|
this section, or a statute of
the United States or of any other | 373 |
|
state or a
municipal ordinance of a municipal
corporation located | 374 |
|
in any other state that is substantially similar to
division (A) | 375 |
|
or (B) of section 4511.19 of the Revised Code,
the judge shall | 376 |
|
suspend the offender's driver's or
commercial driver's license or | 377 |
|
permit or nonresident operating
privilege for not less than one | 378 |
|
year nor more than ten years. | 379 |
| (4) If, within six years of the offense, the offender has | 380 |
|
been convicted of or pleaded guilty to three or more violations | 381 |
|
described in division (B)(2) of this section, a
statute of the | 382 |
|
United States or of any other state or
a municipal ordinance of a | 383 |
|
municipal corporation located in any other state
that is | 384 |
|
substantially similar to division (A) or (B) of section 4511.19 of | 385 |
|
the
Revised Code,
or if the offender previously has been convicted | 386 |
|
of or pleaded guilty to a
violation of division (A) of section | 387 |
|
4511.19 of the Revised Code under
circumstances in which the | 388 |
|
violation was a felony and regardless of when the
violation and | 389 |
|
the conviction or guilty plea occurred, the judge shall suspend | 390 |
|
the offender's driver's or
commercial driver's license or permit | 391 |
|
or nonresident operating
privilege for a period of time set by the | 392 |
|
court but not less than
three years, and the judge may permanently | 393 |
|
revoke the offender's
driver's or commercial driver's license or | 394 |
|
permit or nonresident
operating privilege. | 395 |
| (D)(1) The trial judge of any court of record, in addition
to | 416 |
| or independent of all other penalties provided by law or by | 417 |
|
ordinance, shall permanently revoke the driver's or commercial | 418 |
|
driver's license or permit or nonresident operating privilege of | 419 |
|
any person who is convicted of or pleads guilty to a violation of | 420 |
|
section 2903.04 or 2903.06 of the Revised Code in a case in
which | 421 |
division (D) of
section 2903.04 or division
(B)(D)
of section | 422 |
|
2903.06
of
the Revised Code requires the judge
to permanently | 423 |
|
revoke the
license, permit, or privilege. | 424 |
| (2) In addition to any prison term authorized or required by | 425 |
|
the section
that
establishes the offense and sections 2929.13 and | 426 |
|
2929.14 of the
Revised Code, and in addition to any other sanction | 427 |
|
imposed
for the offense under the section that establishes the | 428 |
|
offense or sections
2929.11 to 2929.182 of the Revised Code, the | 429 |
|
court that
sentences an offender who is convicted of or pleads | 430 |
|
guilty to a violation of
section 2925.02, 2925.03, 2925.04, | 431 |
|
2925.041, 2925.05, 2925.06, 2925.11, 2925.12,
2925.13, 2925.14, | 432 |
|
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of
the | 433 |
|
Revised Code either shall revoke or,
if it
does not revoke,
shall | 434 |
|
suspend for not less than six months or more than five
years, as | 435 |
|
specified in the section that establishes the
offense, the | 436 |
|
person's driver's or
commercial driver's license or permit. If
the | 437 |
|
person's driver's or commercial driver's license or permit is | 438 |
|
under
suspension on the date the court imposes sentence upon the | 439 |
|
person, any revocation imposed upon the person that is
referred to | 440 |
|
in
division (D)(2) of this section shall take effect immediately.
| 441 |
|
If the person's driver's or commercial driver's license or permit | 442 |
|
is
under suspension on the date the court imposes sentence upon | 443 |
|
the
person, any period of suspension imposed upon the person that | 444 |
|
is referred to in division (D)(2) of this section shall take | 445 |
|
effect
on the next day immediately following the end of that | 446 |
|
period of
suspension. If the person is sixteen years of age or | 447 |
|
older and
is a resident of this state but does not have a current, | 448 |
|
valid
Ohio driver's or commercial driver's license or permit, the | 449 |
|
court shall
order the registrar to deny to the person the
issuance | 450 |
|
of a driver's or commercial driver's license or permit
for six | 451 |
|
months beginning on the date the court imposes a sentence
upon the | 452 |
|
person. If the person has not attained the age of
sixteen years
on | 453 |
| the date the court
sentences the person for the violation, the | 454 |
|
period of denial shall
commence on the date
the person attains the | 455 |
|
age of sixteen years. | 456 |
| (E) Except as otherwise provided in this section, the
trial | 457 |
|
judge of any court of record and the mayor of a mayor's
court, in | 458 |
|
addition to or independent of all other penalties
provided by law | 459 |
|
or ordinance, shall suspend for not less than
sixty days nor more | 460 |
|
than two years the driver's or commercial
driver's license or | 461 |
|
permit or nonresident operating privilege of
any person who is | 462 |
|
convicted of or pleads guilty to a violation of
division (B) of | 463 |
|
section 4511.19 of the Revised Code or of a
municipal ordinance | 464 |
|
substantially equivalent to that division
relating to operating a | 465 |
|
vehicle with a prohibited concentration
of alcohol in the blood, | 466 |
|
breath, or urine. | 467 |
| (F)(1) A person is not entitled to request, and a judge or | 468 |
|
mayor
shall not grant to the person, occupational driving | 469 |
|
privileges under
division (F) of this section if
a person's | 470 |
|
driver's or commercial driver's license
or permit or nonresident | 471 |
|
operating privilege has been suspended
pursuant to division (B) or | 472 |
|
(C) of this section or pursuant to
division (F) of section | 473 |
|
4511.191 of the Revised Code, and the
person, within the preceding | 474 |
|
seven years, has been convicted of
or pleaded guilty to three or | 475 |
|
more violations of one or
more of the following: | 476 |
| (f) Division (A)(2), (3), or (4) of section
2903.06,
division | 491 |
| (A)(2) of section
2903.08, or former section 2903.07 of
the | 492 |
|
Revised Code, or a municipal ordinance that is substantially | 493 |
|
similar to any of those
divisions or that former
section, in a | 494 |
|
case in which
the jury or judge found that the person was under | 495 |
|
the influence
of alcohol, a drug of abuse, or alcohol and a drug | 496 |
|
of abuse; | 497 |
| (2) Any other person who is not described in division
(F)(1) | 502 |
|
of this section and whose driver's or commercial
driver's license | 503 |
|
or nonresident operating privilege has been
suspended under any of | 504 |
|
those divisions may file a petition that
alleges that the | 505 |
|
suspension would seriously affect the person's
ability to continue | 506 |
|
the person's employment. The petition
of a person
whose license, | 507 |
|
permit, or privilege was suspended pursuant to
division (F) of | 508 |
|
section 4511.191 of the Revised Code shall be
filed in the court | 509 |
|
specified in division (I)(4) of that section,
and the petition of | 510 |
|
a person whose license, permit, or privilege
was suspended under | 511 |
|
division (B) or (C) of this section shall be
filed in the | 512 |
|
municipal, county, mayor's, or in the case of a
minor, juvenile | 513 |
|
court that has jurisdiction over the place of
arrest. Upon | 514 |
|
satisfactory proof that there is reasonable cause
to believe that | 515 |
|
the suspension would seriously affect the
person's ability to | 516 |
|
continue the person's employment, the
judge of the
court or mayor | 517 |
|
of the mayor's court may grant the person
occupational driving | 518 |
|
privileges during the period during which
the suspension otherwise | 519 |
|
would be imposed, except that the judge
or mayor shall not grant | 520 |
|
occupational driving privileges for employment as
a driver of | 521 |
|
commercial motor vehicles to any person who is
disqualified from | 522 |
|
operating a commercial motor vehicle under
section 3123.611 or | 523 |
|
4506.16 of the Revised Code or
whose commercial driver's license | 524 |
or commercial driver's temporary intructioninstruction permit has | 525 |
| been
suspended under section 3123.58 of the Revised Code, and | 526 |
| shall not
grant
occupational driving privileges during any of the | 527 |
| following
periods of time: | 528 |
| (a) The first fifteen days of suspension imposed upon an | 529 |
|
offender whose license, permit, or privilege is suspended
pursuant | 530 |
|
to division (B)(1) of this section or division (F)(1) of
section | 531 |
|
4511.191 of the Revised Code. On or after the sixteenth
day of | 532 |
|
suspension, the court may grant the offender occupational
driving | 533 |
|
privileges, but the court may provide that the offender
shall not | 534 |
|
exercise the occupational driving privileges
unless the vehicles | 535 |
|
the offender operates are equipped with
ignition interlock | 536 |
|
devices. | 537 |
| (b) The first thirty days of suspension imposed upon an | 538 |
|
offender whose license, permit, or privilege is suspended
pursuant | 539 |
|
to division (B)(2) of this section or division (F)(2) of
section | 540 |
|
4511.191 of the Revised Code. On or after the
thirty-first day of | 541 |
|
suspension, the court may grant the offender
occupational driving | 542 |
|
privileges, but the court may provide that
the offender shall not | 543 |
|
exercise the occupational driving
privileges unless the vehicles | 544 |
|
the offender operates are
equipped with ignition interlock | 545 |
|
devices. | 546 |
| (c) The first one hundred eighty days of suspension
imposed | 547 |
|
upon an offender whose license, permit, or privilege is
suspended | 548 |
|
pursuant to division (B)(3) of this section or division
(F)(3) of | 549 |
|
section 4511.191 of the Revised Code. The judge may
grant | 550 |
|
occupational driving privileges to an offender who receives
a | 551 |
|
suspension under either of those divisions on or
after the one | 552 |
|
hundred
eighty-first day of the suspension only if division (F) of | 553 |
|
this
section does not prohibit the judge from granting the | 554 |
|
privileges
and only if the judge, at the time of granting the | 555 |
|
privileges, also
issues an order prohibiting the offender, while | 556 |
|
exercising
the occupational driving privileges during the period | 557 |
|
commencing with
the one hundred eighty-first day of suspension and | 558 |
|
ending with
the first year of suspension, from operating any motor | 559 |
|
vehicle
unless it is equipped with a certified ignition interlock | 560 |
|
device.
After the first year of the suspension, the court may | 561 |
|
authorize
the offender to continue exercising the occupational | 562 |
|
driving
privileges in vehicles that are not equipped with ignition | 563 |
|
interlock devices. If the offender does not petition for | 564 |
|
occupational driving privileges until after the first year of | 565 |
|
suspension and if division (F) of this section does not prohibit | 566 |
|
the judge from granting the privileges, the judge may grant the | 567 |
|
offender occupational driving privileges without requiring the
use | 568 |
|
of a certified ignition interlock device. | 569 |
| (d) The first three years of suspension imposed upon an | 570 |
|
offender whose license, permit, or privilege is suspended
pursuant | 571 |
|
to division (B)(4) of this section or division (F)(4) of
section | 572 |
|
4511.191 of the Revised Code. The judge may grant
occupational | 573 |
|
driving privileges to an offender who receives a
suspension under | 574 |
|
either of those divisions after
the first three years of | 575 |
|
suspension only if division (F) of this section does not prohibit | 576 |
|
the judge from granting the privileges and only if the judge, at | 577 |
|
the time of granting the privileges, also issues an order | 578 |
|
prohibiting the offender from operating any motor vehicle, for
the | 579 |
|
period of suspension following the first three years of | 580 |
|
suspension, unless the motor vehicle is equipped with a certified | 581 |
|
ignition interlock device. | 582 |
| (G) If a person's driver's or commercial driver's license
or | 583 |
|
permit or nonresident operating privilege has been suspended
under | 584 |
|
division (E) of this section, and the person, within the
preceding | 585 |
|
seven years, has been convicted of or pleaded guilty to
three or | 586 |
|
more violations identified in division (F)(1) of
this section,
the | 587 |
|
person is not entitled to
request, and the judge or mayor shall | 588 |
|
not grant to the person,
occupational driving privileges under | 589 |
|
this division. Any other
person whose driver's or commercial | 590 |
|
driver's license or
nonresident operating privilege has been | 591 |
|
suspended under division (E) of this
section may file a petition | 592 |
|
that alleges
that the suspension would seriously affect the | 593 |
|
person's ability
to continue the person's employment. The
petition | 594 |
| shall
be filed in
the municipal, county, or mayor's court
that has | 595 |
| jurisdiction
over the place of arrest. Upon satisfactory
proof | 596 |
| that there is
reasonable cause to believe that the
suspension | 597 |
| would seriously
affect the person's ability to continue
the | 598 |
| person's
employment, the judge
of the court or mayor of the | 599 |
|
mayor's court may grant the person
occupational driving privileges | 600 |
|
during the period during which
the suspension otherwise would be | 601 |
|
imposed, except that the judge
or mayor shall not grant | 602 |
|
occupational driving privileges for employment
as a driver of | 603 |
|
commercial motor vehicles to any person who is
disqualified from | 604 |
|
operating a commercial motor vehicle under
section 4506.16 of the | 605 |
|
Revised Code, and shall not grant
occupational driving privileges | 606 |
|
during the first sixty days of
suspension imposed upon an offender | 607 |
|
whose driver's or commercial driver's
license or permit or | 608 |
|
nonresident operating privilege is suspended
pursuant to division | 609 |
|
(E) of this section. | 610 |
| (H)(1) After a driver's or commercial driver's license or | 611 |
|
permit has been suspended or
revoked pursuant to this section, the | 612 |
|
judge of the court or mayor
of the mayor's court that suspended or | 613 |
|
revoked the license or
permit shall cause the offender to deliver | 614 |
|
the license
or permit to the court. The judge, mayor, or
clerk of | 615 |
|
the court or mayor's court, if the license or permit has been | 616 |
|
suspended or revoked in connection with any of the offenses
listed | 617 |
|
in this section, forthwith shall forward it
to the registrar with | 618 |
|
notice of the
action of the court. | 619 |
| (2) Suspension of a commercial driver's license under this | 620 |
|
section shall be concurrent with any period of disqualification | 621 |
|
under section 3123.611 or 4506.16 of the Revised Code
or any | 622 |
|
period of suspension under section 3123.58 of the Revised Code. No | 623 |
|
person who
is
disqualified for life from holding a commercial | 624 |
|
driver's license
under section 4506.16 of the Revised Code shall | 625 |
|
be issued a
driver's license under this chapter during the period | 626 |
|
for which
the commercial driver's license was suspended under this | 627 |
|
section,
and no person whose commercial driver's license is | 628 |
|
suspended
under this section shall be issued a driver's license | 629 |
|
under this
chapter during the period of the suspension. | 630 |
| (I) No judge shall suspend the first thirty days of | 631 |
|
suspension of a driver's or commercial driver's license
or permit | 632 |
|
or a nonresident operating privilege required
under division (A) | 633 |
|
of this section, no judge or mayor shall
suspend the first six | 634 |
|
months of suspension required under
division (B)(1) of this | 635 |
|
section, no judge shall suspend the first
year of suspension | 636 |
|
required under division (B)(2) of this
section, no judge shall | 637 |
|
suspend the first year of suspension
required under division | 638 |
|
(B)(3) of this section, no judge shall
suspend the first three | 639 |
|
years of suspension required under
division (B)(4) of this | 640 |
|
section, no judge or mayor shall suspend
the revocation required | 641 |
|
by division (D) of this section,
and no judge or mayor shall | 642 |
|
suspend the first sixty days of
suspension required under division | 643 |
|
(E) of this section, except
that the court shall credit any period | 644 |
|
of suspension imposed
pursuant to section 4511.191 or 4511.196 of | 645 |
|
the Revised Code
against any time of suspension imposed pursuant | 646 |
|
to division (B)
or (E) of this section as described in division | 647 |
|
(J) of this section. | 648 |
| (J) The judge of the court or mayor of the mayor's court | 649 |
|
shall credit any time during which an offender was subject to an | 650 |
|
administrative suspension of the offender's driver's or
commercial | 651 |
|
driver's
license or permit or nonresident operating privilege | 652 |
|
imposed
pursuant to division (E) or (F) of section 4511.191 or a | 653 |
|
suspension imposed by a judge, referee, or mayor pursuant to | 654 |
|
division (B)(1) or (2) of section 4511.196 of the Revised Code | 655 |
|
against the time to be served under a related suspension imposed | 656 |
|
pursuant to this section. | 657 |
| (L)(1) If a court issues an ignition interlock order under | 661 |
|
division (F) of this section, the order shall authorize the | 662 |
|
offender during the specified period to operate a motor vehicle | 663 |
|
only if it is equipped with a certified ignition interlock
device. | 664 |
|
The court shall provide the offender with a copy of an
ignition | 665 |
|
interlock order issued under division (F) of this
section, and the | 666 |
|
copy of the order shall be used by the offender
in lieu of an Ohio | 667 |
|
driver's or commercial driver's license or
permit until the | 668 |
|
registrar or a deputy registrar issues the
offender a restricted | 669 |
|
license. | 670 |
| (2) The offender may present the ignition interlock order
to | 676 |
|
the registrar or to a deputy registrar. Upon presentation of
the | 677 |
|
order to the registrar or a deputy registrar, the registrar
or | 678 |
|
deputy registrar shall issue the offender a restricted
license. A | 679 |
|
restricted license issued under this division shall
be identical | 680 |
|
to an Ohio driver's license, except that it shall
have printed on | 681 |
|
its face a statement that the offender is
prohibited during the | 682 |
|
period specified in the court order from
operating any motor | 683 |
|
vehicle that is not equipped with a certified
ignition interlock | 684 |
|
device, and except that the date of
commencement and the date of | 685 |
|
termination of the period shall be
indicated conspicuously upon | 686 |
|
the face of the license. | 687 |
| (B) Except as otherwise provided in this division,
whoever | 698 |
|
violates section 4549.02,
4549.021, or 4549.03
of the Revised Code | 699 |
|
is guilty of a misdemeanor of the first
degree. Whoever violates | 700 |
|
section 4549.02 or 4549.021 of the
Revised Code when the accident | 701 |
|
or collision that is the
basis of the violation results in serious | 702 |
physical harm
or death to a person
is guilty
of a felony of the | 703 |
|
fifth degree
and whoever violates those sections when the accident | 704 |
|
or collision that is the basis of the violation results in the | 705 |
|
death of a person is guilty of a felony of the third degree. | 706 |
| (C) Whoever violates section 4549.042 or sections 4549.41
to | 707 |
|
4549.46 of the Revised Code is guilty of a felony of the
fourth | 708 |
|
degree on a first offense and a felony of the third degree on
each | 709 |
|
subsequent offense. The prosecuting attorney of the proper
county, | 710 |
| or the
attorney general by information or complaint, may
bring a | 711 |
| criminal action
in the courts of common pleas of this
state, or in | 712 |
| any other
court of competent jurisdiction, to enforce
the | 713 |
| provisions of
sections 4549.41 to 4549.51 of the Revised Code.
The | 714 |
| attorney
general and the prosecuting attorney of the county in | 715 |
|
which a
person licensed or granted a permit under Chapter 4517. of | 716 |
|
the
Revised Code is convicted of, or pleads guilty to, a violation | 717 |
|
of
sections 4549.41 to 4549.46 of the Revised Code shall report | 718 |
|
the
conviction or guilty plea to the registrar of motor vehicles | 719 |
|
within five business days. | 720 |
(b)(E) Except as otherwise provided in this division, | 808 |
|
aggravated
vehicular homicide committed in violation of division | 809 |
|
(A)(2) of
this section is a felony of the third degree.
Aggravated | 810 |
|
vehicular homicide
committed in violation
of division
(A)(2) of | 811 |
|
this section is a felony of the second
degree if, at the
time of | 812 |
|
the offense, the offender was driving under a
suspension
imposed | 813 |
|
under Chapter
4510. or any
other
provision
of the Revised Code
or | 814 |
| if the offender previously
has
been convicted of or
pleaded
guilty | 815 |
| to
a
violation of this
section
or any traffic-related
homicide, | 816 |
| manslaughter, or
assault
offense. | 817 |
(2)(F) Whoever violates division (A)(3) of this section is | 824 |
|
guilty of
vehicular homicide. Except as otherwise provided in
this | 825 |
| division,
vehicular homicide is a misdemeanor of the first
degree. | 826 |
|
Vehicular homicide is a felony of the fourth degree if,
at the | 827 |
|
time of the offense, the offender was driving under a
suspension | 828 |
|
or revocation imposed under Chapter 4507. or any other
provision | 829 |
| of the
Revised Code
or if the
offender
previously has
been | 830 |
| convicted of or pleaded guilty to a violation of this
section
or | 831 |
| any traffic-related homicide, manslaughter, or assault
offense. | 832 |
| In addition to any other sanctions imposed pursuant to this | 833 |
| division, the court shall
impose upon the offender a class four | 834 |
| suspension of the
offender's
driver's license, commercial driver's | 835 |
| license,
temporary
instruction permit, probationary license, or | 836 |
| nonresident
operating
privilege
from the
range specified in | 837 |
| division (A)(4) of section
4510.02 of the Revised Code
or, if the | 838 |
| offender previously
has
been convicted of or pleaded
guilty to a | 839 |
| violation of this
section
or any traffic-related
homicide, | 840 |
| manslaughter, or assault
offense,
a
class three
suspension of the | 841 |
| offender's driver's license,
commercial driver's license, | 842 |
|
temporary instruction permit,
probationary license, or nonresident | 843 |
| operating
privilege from the
range specified in division (A)(3) of | 844 |
|
that section. | 845 |
(3)(G) Whoever violates division (A)(4) of this section is | 846 |
|
guilty of
vehicular manslaughter. Except as otherwise provided in | 847 |
|
this division,
vehicular manslaughter is a misdemeanor of the | 848 |
|
second
degree. Vehicular manslaughter is a misdemeanor of the | 849 |
|
first
degree if, at the time of the offense, the offender was | 850 |
|
driving
under a suspension imposed under Chapter
4510.
or
any | 851 |
|
other provision of the Revised Code
or if the offender
previously | 852 |
|
has been convicted of or pleaded guilty to a
violation
of this | 853 |
|
section or any traffic-related homicide, manslaughter, or
assault | 854 |
|
offense. | 855 |
| In addition to any other sanctions imposed pursuant to this | 856 |
| division, the court shall
impose upon the offender a class six | 857 |
| suspension of the
offender's
driver's license, commercial driver's | 858 |
| license,
temporary
instruction permit, probationary license, or | 859 |
| nonresident
operating
privilege
from
the range specified in | 860 |
| division (A)(6) of
section
4510.02
of the Revised Code
or, if the | 861 |
| offender
previously has
been convicted of or pleaded guilty to a | 862 |
|
violation
of this
section
or any traffic-related homicide, | 863 |
| manslaughter, or
assault
offense,
a
class four suspension of the | 864 |
| offender's driver's
license,
commercial driver's
license, | 865 |
| temporary instruction
permit,
probationary license, or nonresident | 866 |
|
operating privilege
from the
range specified in division (A)(4)
of | 867 |
|
that section. | 868 |
| (b)
"Traffic-related homicide,
manslaughter, or assault | 884 |
|
offense"
means a violation of section 2903.04 of the Revised Code | 885 |
|
in
circumstances in which division (D) of that section applies, a | 886 |
|
violation of section 2903.06 or 2903.08 of the Revised Code, or a | 887 |
|
violation of section 2903.06, 2903.07, or 2903.08 of the Revised | 888 |
|
Code as they
existed prior
to
March
23,
2000. | 889 |
| (2) For the purposes of this section, when a penalty or | 890 |
|
suspension is enhanced because of a prior or current violation of | 891 |
|
a specified law or a prior or current specified offense, the | 892 |
|
reference to the violation of the specified law or the specified | 893 |
|
offense includes any violation of any substantially equivalent | 894 |
|
municipal ordinance, former law of this state, or current or | 895 |
|
former law of another state or the United States. | 896 |
| (2) In addition to any other sanctions imposed pursuant to | 944 |
| division (B)(1) of this section, the court shall
impose upon the | 945 |
| offender a class three suspension of the
offender's driver's | 946 |
| license,
commercial driver's license,
temporary instruction | 947 |
| permit, probationary
license, or nonresident
operating privilege
| 948 |
|
from the range
specified in division (A)(3)
of section
4510.02 of | 949 |
| the Revised Code or,
if the offender
previously
has been convicted | 950 |
| of or pleaded guilty to a violation
of this
section or any | 951 |
| traffic-related homicide, manslaughter, or
assault
offense,
a | 952 |
| class two suspension of the offender's
driver's license, | 953 |
|
commercial
driver's license, temporary
instruction permit, | 954 |
|
probationary license, or
nonresident operating
privilege from the | 955 |
|
range specified in division
(A)(2) of that
section. | 956 |
(2)(C) Whoever violates division (A)(2) of this section is | 957 |
|
guilty of
vehicular assault. Except as otherwise provided in this | 958 |
|
division, vehicular
assault is a felony of the fourth degree.
| 959 |
|
Vehicular assault is a felony of the third degree if, at the time | 960 |
|
of the offense, the offender was driving under a suspension | 961 |
|
imposed under Chapter
4510.
or any other
provision of the
Revised | 962 |
|
Code or if the offender
previously has been convicted of
or | 963 |
|
pleaded guilty to a violation
of this section or any | 964 |
|
traffic-related homicide, manslaughter, or
assault offense. | 965 |
| In addition to any other sanctions imposed, the court shall
| 966 |
|
impose upon the offender a class four suspension of
the
offender's | 967 |
|
driver's license,
commercial driver's license,
temporary | 968 |
|
instruction permit, probationary
license, or nonresident
operating | 969 |
|
privilege
from the
range specified in division (A)(4) of section
| 970 |
|
4510.02 of the
Revised Code
or, if the offender
previously
has | 971 |
|
been convicted of or pleaded guilty to a violation of this
section | 972 |
|
or any traffic-related homicide, manslaughter, or assault
offense,
| 973 |
|
a
class three suspension of the offender's driver's license, | 974 |
|
commercial driver's
license, temporary instruction permit, | 975 |
|
probationary license, or nonresident
operating privilege from the | 976 |
|
range specified in division (A)(3)
of that
section. | 977 |
(E)(F) For the purposes of this section, when a penalty or | 996 |
|
suspension is enhanced because of a prior or current violation of | 997 |
|
a
specified law or a prior or current specified offense, the | 998 |
|
reference to
the violation of the specified law or the specified | 999 |
|
offense
includes any violation of any substantially equivalent | 1000 |
|
municipal
ordinance, former law of this state, or current or | 1001 |
|
former law of
another state or the United States. | 1002 |
| Sec. 4549.02.
(A) In case of accident to or collision with | 1003 |
|
persons
or property
upon
any of the public roads or highways, due | 1004 |
|
to the driving or operation thereon
of
any motor vehicle, the | 1005 |
|
person
driving or operating
the motor vehicle,
having
knowledge
of
| 1006 |
|
the accident or collision,
immediately
shall stop
the
driver's or | 1007 |
| operator's motor vehicle at the
scene of the
accident
or collision | 1008 |
| and shall remain at the
scene
of
the accident or
collision until
| 1009 |
|
the
driver or
operator
has given
the driver's or
operator's name | 1010 |
| and
address and, if
the driver or operator is not
the owner, the | 1011 |
|
name and address
of the owner of
that motor
vehicle,
together with | 1012 |
| the
registered number of
that motor
vehicle, to any person
injured | 1013 |
| in
the
accident or collision or to
the operator,
occupant, owner, | 1014 |
| or attendant of any
motor vehicle
damaged in
the accident or | 1015 |
| collision,
or to any police officer at
the scene
of
the accident | 1016 |
| or
collision. | 1017 |
| In the event the injured person is unable to comprehend and | 1018 |
|
record the
information required to be given by this section, the | 1019 |
|
other driver involved in
the accident or collision
forthwith
shall | 1020 |
| notify the nearest
police authority concerning the
location
of the | 1021 |
| accident or collision, and
the driver's name,
address, and
the | 1022 |
| registered number of the
motor vehicle
the
driver was
operating, | 1023 |
|
and then remain at the scene of the accident
or
collision until a | 1024 |
| police
officer arrives, unless removed from
the
scene by an | 1025 |
| emergency vehicle
operated
by a political
subdivision
or an | 1026 |
| ambulance. | 1027 |
| (B)
Whoever violates division (A) of this section is
guilty | 1033 |
|
of failure to stop after an accident, a misdemeanor of the first | 1034 |
degree. If the violation results in serious physical harm
or
death | 1035 |
| to a
person, failure to stop after an accident is a felony
of the | 1036 |
| fifth degree.
If the violation results in the death of a
person, | 1037 |
| failure to stop after an accident is a felony of the third
degree. | 1038 |
|
The court, in addition to any other
penalties provided by
law, | 1039 |
| shall impose
upon the offender a class
five suspension of the | 1040 |
|
offender's driver's license,
commercial
driver's license, | 1041 |
|
temporary instruction permit, probationary
license, or nonresident | 1042 |
|
operating privilege from the range
specified in
division (A)(5) of | 1043 |
|
section 4510.02 of the Revised
Code. No judge shall suspend the | 1044 |
|
first six months of suspension of
an offender's license, permit, | 1045 |
|
or privilege required by this
division. | 1046 |
| Sec. 4549.021.
(A) In case of accident or collision | 1047 |
|
resulting
in injury or damage to persons or property upon any | 1048 |
|
public or
private property other than public roads or highways, | 1049 |
|
due to the
driving or operation thereon of any motor vehicle, the | 1050 |
|
person
driving or operating
the motor vehicle, having
knowledge
of
| 1051 |
|
the
accident or collision, shall stop, and, upon
request of
the | 1052 |
|
person injured or damaged, or any other person,
shall give
that | 1053 |
|
person
the driver's or operator's name
and address, and, if
the | 1054 |
| driver or operator is not the owner,
the
name and address of
the | 1055 |
| owner of
that motor vehicle,
together
with the registered
number | 1056 |
| of
that motor vehicle,
and, if
available, exhibit
the
driver's or | 1057 |
| operator's driver's
or
commercial driver's license. | 1058 |
| If the owner or person in charge of
the damaged property
is | 1059 |
|
not furnished such information, the driver of the motor
vehicle | 1060 |
|
involved in the accident or collision, within
twenty-four
hours | 1061 |
|
after
the accident or collision,
shall forward to
the
police | 1062 |
|
department of the city or village in which
the
accident or | 1063 |
|
collision occurred or if it occurred outside the
corporate limits | 1064 |
|
of a city or village to the sheriff of the
county
in which
the | 1065 |
|
accident or collision occurred the same
information required to be | 1066 |
|
given to the owner or person in
control
of
the damaged property | 1067 |
|
and give the date, time,
and
location
of the accident or | 1068 |
|
collision. | 1069 |
| (B)
Whoever violates division (A) of this section is
guilty | 1075 |
|
of failure to stop after a nonpublic road accident, a misdemeanor | 1076 |
|
of
the first degree. If the violation results in serious physical | 1077 |
harm
or death
to a person, failure to stop after a nonpublic road | 1078 |
|
accident is a felony of
the fifth degree.
If the violation results | 1079 |
|
in the death of a person, failure to stop after a nonpublic road | 1080 |
|
accident is a felony of the third degree. The court, in addition | 1081 |
|
to any other penalties provided by
law, shall impose upon the | 1082 |
|
offender a class five suspension of the offender's
driver's | 1083 |
|
license, commercial driver's license, temporary instruction | 1084 |
|
permit,
probationary license, or nonresident operating privilege | 1085 |
|
from the range
specified in division (A)(5) of section 4510.02 of | 1086 |
|
the Revised Code. No judge shall suspend the first six months of | 1087 |
|
suspension of an offender's license, permit, or privilege required | 1088 |
|
by this division. | 1089 |