| Sec. 4510.037. (A) When the registrar of motor vehicles | 7 |
|
determines that the total points charged against any person under | 8 |
|
section
4510.036 of the Revised Code exceed five, the registrar | 9 |
|
shall send a warning letter to the person at the person's last | 10 |
|
known address by regular mail. The warning letter shall list the | 11 |
|
reported violations that are the basis of the points charged, list | 12 |
|
the number of points charged for each violation, and outline the | 13 |
|
suspension provisions of this section. | 14 |
| (B) When the registrar determines that the total points | 15 |
|
charged
against any person under section 4510.036 of the Revised | 16 |
|
Code
within any two-year period beginning on the date of the first | 17 |
|
conviction within the two-year period is equal to twelve or more, | 18 |
|
the registrar shall send a written notice to the person at the | 19 |
|
person's last known address by regular mail. The notice shall
list | 20 |
|
the reported violations that are the basis of the points
charged, | 21 |
|
list the number of points charged for each violation, and
state | 22 |
|
that, because the total number of points charged against the | 23 |
|
person within the applicable two-year period is equal to twelve or | 24 |
|
more, the registrar is imposing a class D suspension of
the | 25 |
|
person's driver's or commercial driver's license or permit or | 26 |
|
nonresident
operating privileges
for the period of time specified | 27 |
|
in division (B)(4) of section
4510.02 of the Revised Code. The | 28 |
|
notice also shall state
that the
suspension is effective on the | 29 |
|
twentieth day after the mailing of the notice,
unless the person | 30 |
|
files a petition appealing the determination and suspension in the | 31 |
|
municipal
court, county court, or, if the
person is under the age | 32 |
|
of
eighteen, the juvenile division of the
court of common pleas in | 33 |
|
whose jurisdiction the person resides or,
if the person is not a | 34 |
|
resident of this state, in the Franklin
county municipal court or | 35 |
|
juvenile division of the Franklin county
court of common pleas.
By | 36 |
|
filing the appeal of the determination and suspension, the
person | 37 |
|
agrees to
pay the cost of the proceedings in the appeal of
the | 38 |
|
determination and suspension and alleges that
the person
can
show | 39 |
|
cause why the person's driver's or commercial driver's
license or | 40 |
|
permit or
nonresident operating privileges should not
be | 41 |
|
suspended. | 42 |
| (C)(1) Any person against whom at least two but less than | 43 |
|
twelve
points have been charged under section 4510.036 of the | 44 |
|
Revised
Code may enroll in a course of remedial driving | 45 |
|
instruction
that is approved by the director of public
safety. | 46 |
|
Upon the person's
completion of an approved
course of remedial | 47 |
|
driving instruction, the person may apply to the registrar on a | 48 |
|
form prescribed by the registrar for a credit of two points on the | 49 |
|
person's driving record. Upon receipt of the application and
proof | 50 |
|
of completion of the approved remedial driving course,
the | 51 |
|
registrar shall approve the two-point credit. The registrar
shall | 52 |
|
not approve any credits for a person who completes an approved | 53 |
|
course of
remedial driving
instruction pursuant to a judge's order | 54 |
|
under section 4510.02 of the
Revised Code. | 55 |
| (D) When a judge of a court of record suspends a person's | 62 |
|
driver's or commercial driver's license or permit or nonresident | 63 |
|
operating
privilege and charges points against the person under | 64 |
|
section 4510.036 of the Revised Code for the offense that
resulted | 65 |
|
in the suspension, the registrar shall credit that period of | 66 |
|
suspension against the time of any subsequent suspension imposed | 67 |
|
under this section for which those points were used to impose the | 68 |
|
subsequent suspension. When a United States district court
that | 69 |
|
has
jurisdiction within this state suspends a person's driver's or | 70 |
|
commercial
driver's license or permit or nonresident operating | 71 |
|
privileges pursuant to the "Assimilative Crimes
Act," 102 Stat. | 72 |
|
4381 (1988), 18 U.S.C.A. 13, as amended, the district court | 73 |
|
prepares an abstract pursuant to section 4510.031 of the Revised | 74 |
|
Code, and the district court charges
points against the person | 75 |
|
under section 4510.036 of the
Revised Code for the offense that | 76 |
|
resulted in the suspension, the registrar shall credit the period | 77 |
|
of
suspension imposed by the
district court against the time of | 78 |
|
any subsequent suspension imposed under
this section for which
the | 79 |
|
points were used to impose the subsequent suspension. | 80 |
| (E) The registrar, upon the written request of a licensee
who | 81 |
|
files a petition under division (B) of this section, shall
furnish | 82 |
|
the licensee a certified copy of the registrar's record of
the | 83 |
|
convictions and
bond forfeitures of
the person. This record
shall | 84 |
|
include the name, address, and date of birth of
the
licensee; the | 85 |
|
name of the court in which each conviction or bail
forfeiture took | 86 |
|
place; the nature of the offense that was the
basis of the | 87 |
|
conviction or bond forfeiture; and any other
information that the | 88 |
|
registrar considers necessary. If the record
indicates that
twelve | 89 |
|
points or more have been charged against the
person within
a | 90 |
|
two-year period, it is prima-facie evidence that
the person is a | 91 |
|
repeat traffic offender, and the registrar shall
suspend the | 92 |
|
person's driver's or commercial driver's license or
permit or | 93 |
|
nonresident operating privilege pursuant to division (B)
of this | 94 |
|
section. | 95 |
| In hearing the petition and determining whether the person | 96 |
|
filing
the petition has shown cause why the person's driver's or | 97 |
|
commercial
driver's license or permit or nonresident operating | 98 |
|
privilege should not
be suspended, the court shall decide the | 99 |
|
issue on the record
certified by the registrar and any additional | 100 |
|
relevant, competent,
and material evidence that either the | 101 |
|
registrar or the person
whose license is sought to be suspended | 102 |
|
submits. | 103 |
| (F) If a petition is filed under division (B) of this
section | 104 |
|
in
a county court, the prosecuting attorney of the county
in which | 105 |
|
the case is
pending shall represent the registrar in the | 106 |
|
proceedings, except that, if the
petitioner resides in a municipal | 107 |
|
corporation within the
jurisdiction of the county court, the city | 108 |
|
director of law,
village solicitor, or other chief legal officer | 109 |
|
of the municipal
corporation shall represent the registrar in the | 110 |
|
proceedings. If
a petition is filed under division (B) of this | 111 |
|
section in a
municipal court, the registrar shall be represented | 112 |
|
in the resulting
proceedings as provided in
section 1901.34 of the | 113 |
|
Revised Code. | 114 |
| (G) If the court determines from the evidence submitted that | 115 |
|
a
person who filed a petition under division (B) of this section | 116 |
|
has
failed to show cause why the person's driver's or commercial | 117 |
|
driver's license
or permit or
nonresident operating privileges | 118 |
|
should not be suspended, the court shall
assess against the person | 119 |
|
the cost of the proceedings in the appeal of the determination
and | 120 |
|
suspension and shall impose the
applicable suspension under
this | 121 |
|
section or suspend all or a
portion of the suspension and
impose | 122 |
|
any conditions
upon the person that the court
considers proper
or | 123 |
|
impose upon the person a community control
sanction pursuant to | 124 |
|
section 2929.15 or 2929.25 of the Revised
Code. If the court | 125 |
|
determines from the evidence
submitted that a
person who filed a | 126 |
|
petition under division (B) of
this section has
shown cause why | 127 |
|
the person's driver's or
commercial driver's
license or permit or | 128 |
|
nonresident
operating
privileges
should not
be suspended, the | 129 |
|
costs of the appeal
proceeding shall be paid out
of the county | 130 |
|
treasury of the county
in which the proceedings were
held. | 131 |
| (I) Upon the termination of any suspension or other penalty | 138 |
|
imposed under this section involving the surrender of license or | 139 |
|
permit and
upon the request of the person whose license or
permit | 140 |
|
was suspended or surrendered, the registrar shall return
the | 141 |
|
license or permit to the person upon determining that the
person | 142 |
|
has complied with all provisions of section 4510.038 of the | 143 |
|
Revised Code or, if the registrar destroyed the license or
permit | 144 |
|
pursuant to section 4510.52 of the Revised Code, shall
reissue the | 145 |
|
person's license or permit. | 146 |
| (J) Any person whose driver's or commercial driver's license | 147 |
|
or
permit or nonresident operating privileges are suspended as a | 148 |
|
repeat traffic
offender under this section and who, during the | 149 |
|
suspension, operates any motor vehicle upon any public roads
and | 150 |
|
highways is guilty of a misdemeanor of the first degree, and
the | 151 |
|
court shall sentence the offender to a minimum term of three
days | 152 |
|
in jail. No court shall suspend the first three days of jail
time | 153 |
|
imposed pursuant to this division. | 154 |
Sec. 4510.038. (A) Any person whose driver's or
commercial | 166 |
|
driver's license or
permit is suspended or who is
granted
limited | 167 |
|
driving
privileges under section
4510.037,
under division (H)
of | 168 |
|
section 4511.19, or under
section 4510.07 of the Revised
Code for | 169 |
|
a violation of a municipal
ordinance that is substantially | 170 |
|
equivalent to division (B) of
section
4511.19 of the
Revised Code | 171 |
|
is not eligible to
retain the
license, or to have the
driving | 172 |
|
privileges
reinstated, until each of the following has occurred: | 173 |
| The course also shall devote a number of hours to instruction | 179 |
|
in the area of
alcohol and drugs and the operation of
vehicles. | 180 |
|
The instruction
shall
include, but not be limited to, a
review of | 181 |
|
the laws governing the operation
of a
vehicle
while under the | 182 |
|
influence of alcohol, drugs, or
a combination
of them, the
dangers | 183 |
|
of operating a
vehicle while under the
influence of
alcohol, | 184 |
|
drugs, or
a combination of them, and
other information
relating to | 185 |
|
the operation of
vehicles and
the
consumption of
alcoholic | 186 |
|
beverages and use of drugs. The
director, in
consultation with the | 187 |
|
director of alcohol and drug
addiction
services, shall prescribe | 188 |
|
the content of the
instruction. The
number of hours
devoted to the | 189 |
|
area of alcohol
and drugs and the
operation of
vehicles
shall | 190 |
|
comprise a
minimum of twenty-five per
cent of the number of hours | 191 |
|
of
instruction included in the course. | 192 |