Cosponsors:
Senators Harris, Gardner, Schuring, Schaffer, Mason, Carey, Cates, Cafaro, Fedor, Goodman, Jacobson, Mumper, Niehaus, Padgett, Roberts, Sawyer, Faber, Spada, Stivers, Wilson, Boccieri, Morano, Buehrer, Wagoner, Austria
Representatives Uecker, Dyer, Sears, Core, DeGeeter, Batchelder, Budish, Chandler, Combs, Dodd, Dolan, Domenick, Evans, Fende, Flowers, Gerberry, Hagan, J., Harwood, Hottinger, Jones, Koziura, Letson, Luckie, Lundy, Nero, Newcomb, Patton, Peterson, Raussen, Schindel, Schlichter, Schneider, Strahorn, Szollosi, Ujvagi, Wagner, White, Yuko
| Section 1. That sections 1547.11, 1547.111, 1547.99, 2929.18, | 46 |
|
2929.28, 2945.75,
4503.231, 4503.233, 4510.13, 4510.43, 4511.181, | 47 |
|
4511.19,
4511.191, 4511.192, and 4511.203 be amended and sections | 48 |
|
4503.235,
4510.45, 4510.46, 4511.198, and
5502.10 of the Revised | 49 |
|
Code be
enacted to
read as follows: | 50 |
| (i) The person is under the influence of alcohol, a drug of | 121 |
|
abuse, or a combination of them, and, as measured by gas | 122 |
|
chromatography mass spectrometry, the person has a concentration | 123 |
|
of marihuana metabolite in the person's urine of at least fifteen | 124 |
|
nanograms of marihuana metabolite per milliliter of the person's | 125 |
|
urine or has a concentration of marihuana metabolite in the | 126 |
|
person's whole blood or blood serum or plasma of at least five | 127 |
|
nanograms of marihuana metabolite per milliliter of the person's | 128 |
|
whole blood or blood serum or plasma. | 129 |
| (D)(1)(a) In any criminal prosecution or juvenile court | 174 |
|
proceeding for a violation of division (A) or (B) of this section | 175 |
|
or for an equivalent offense that is watercraft-related, the | 176 |
|
result of any test of any blood or urine withdrawn and analyzed at | 177 |
|
any health care provider, as defined in section 2317.02 of the | 178 |
|
Revised Code, may be admitted with expert testimony to be | 179 |
|
considered with any other relevant and competent evidence in | 180 |
|
determining the guilt or innocence of the defendant. | 181 |
| (b) In any criminal prosecution
or juvenile court
proceeding | 182 |
|
for a violation of
division (A) or (B) of this
section
or
for an | 183 |
equivalent
violationoffense that is watercraft-related, the court | 184 |
|
may admit evidence on
the concentration of
alcohol,
drugs of | 185 |
|
abuse, controlled substances, metabolites of a controlled | 186 |
|
substance,
or a
combination of
them in the
defendant's
or child's | 187 |
|
whole blood,
blood serum or
plasma, urine,
or
breath at the time | 188 |
|
of the alleged violation as
shown by
chemical
analysis of the
| 189 |
|
substance
withdrawn, or
specimen taken
within
three hours of the | 190 |
|
time of the alleged
violation. The three-hour time limit specified | 191 |
|
in this division regarding the admission of evidence does not | 192 |
|
extend or affect the two-hour time limit specified in division (C) | 193 |
|
of section 1547.111 of the Revised Code as the maximum period of | 194 |
|
time during which a person may consent to a chemical test or tests | 195 |
|
as described in that section. The court may admit evidence on the | 196 |
|
concentration of alcohol, drugs of abuse, or a combination of them | 197 |
|
as described in this division when | 198 |
When a person submits to a blood, breath, urine, or other | 199 |
bodily substance test, onlyat the request of a law enforcement | 200 |
|
officer under section 1547.111 of the Revised Code or a blood or | 201 |
|
urine sample is obtained pursuant to a search warrant. Only a | 202 |
|
physician,
a
registered nurse, or
a qualified technician,
chemist, | 203 |
|
or
phlebotomist shall
withdraw blood for the purpose of | 204 |
|
determining
the alcohol, drug, controlled substance, metabolite of | 205 |
|
a controlled substance,
or combination
content
of
the whole
blood, | 206 |
|
blood serum, or blood plasma. This
limitation
does not
apply to | 207 |
|
the taking
of breath or urine specimens. A
person
authorized to | 208 |
|
withdraw blood
under this division may refuse
to
withdraw blood
| 209 |
|
under
this division
if, in
that person's
opinion, the
physical | 210 |
|
welfare of the
defendant or
child would be
endangered by | 211 |
|
withdrawing
blood. | 212 |
| (2)
In a criminal prosecution or juvenile court
proceeding | 218 |
for a violation of division (A) of this section or for
a
violation | 219 |
of a prohibition that is substantiallyan equivalent to
division | 220 |
(A)
of this sectionoffense that is watercraft-related, if there | 221 |
|
was at the time the
bodily substance was
taken a
concentration of | 222 |
|
less than
the
applicable concentration
of
alcohol specified
for a | 223 |
|
violation of
division (A)(2), (3), (4),
or
(5) of this
section or | 224 |
|
less than the applicable concentration of a listed controlled | 225 |
|
substance or a listed metabolite of a controlled substance | 226 |
|
specified for a violation of division (A)(6) of this section,
that | 227 |
|
fact may
be considered with other
competent evidence
in | 228 |
|
determining the
guilt or innocence of the
defendant
or in making | 229 |
|
an
adjudication
for the child.
This
division
does not limit or | 230 |
|
affect a
criminal
prosecution or
juvenile court
proceeding for a | 231 |
|
violation of
division
(B) of this
section or for
a violation of a | 232 |
|
prohibition
that is
substantially
equivalent to
that division. | 233 |
TheIf the chemical test was administered pursuant to | 238 |
|
division (D)(1)(b) of this section, the person tested may have a | 239 |
|
physician,
a registered nurse,
or
a qualified technician, chemist, | 240 |
|
or
phlebotomist of the
person's own
choosing administer
a chemical | 241 |
|
test or tests in
addition to any administered at the
direction of | 242 |
|
a law enforcement
officer, and shall be so advised.
The failure or | 243 |
|
inability to
obtain an additional test by a person
shall not | 244 |
|
preclude the
admission of evidence relating to the test
or tests | 245 |
|
taken at the
direction of a law enforcement officer. | 246 |
| (E)(1) In any criminal prosecution or juvenile court | 247 |
|
proceeding for a violation of division (A) or (B) of this section | 248 |
or for an equivalent violation, of a municipal ordinance relating | 249 |
|
to operating or being in physical control of any vessel underway | 250 |
|
or to manipulating any water skis, aquaplane, or similar device on | 251 |
|
the waters of this state while under the influence of alcohol, a | 252 |
|
drug of abuse, or a combination of them, or of a municipal | 253 |
|
ordinance relating to operating or being in physical control of | 254 |
|
any vessel underway or to manipulating any water skis, aquaplane, | 255 |
|
or similar device on the waters of this state with a prohibited | 256 |
|
concentration of alcohol, a controlled substance, or a metabolite | 257 |
|
of a controlled substance in the whole blood, blood serum or | 258 |
|
plasma, breath, or urine, if a law enforcement officer has | 259 |
|
administered a field
sobriety test to the operator or person found | 260 |
|
to be in physical
control of the vessel underway involved in the | 261 |
|
violation or the
person manipulating the water skis, aquaplane, or | 262 |
|
similar device
involved in the violation and if it is shown by | 263 |
|
clear and convincing evidence that the officer
administered the | 264 |
|
test
in substantial compliance with the testing
standards for | 265 |
|
reliable, credible, and generally accepted field
sobriety tests | 266 |
|
for vehicles that were in effect at the time the
tests were | 267 |
|
administered, including, but not limited to, any
testing standards | 268 |
|
then in effect that have been set by the
national
highway traffic | 269 |
|
safety administration, that by their
nature are not
clearly | 270 |
|
inapplicable regarding the operation or
physical control
of | 271 |
|
vessels underway or the manipulation of water
skis, aquaplanes,
or | 272 |
|
similar devices, all of the following apply: | 273 |
| (F)(1)
Subject to division
(F)(3) of this section, in
any | 292 |
|
criminal prosecution or juvenile court proceeding for a violation | 293 |
|
of division (A) or (B) of this
section or for an equivalent | 294 |
violationoffense that is substantially equivalent to either of | 295 |
|
those divisions, the court shall
admit as prima-facie
evidence a | 296 |
|
laboratory report from any
laboratory
personnel issued a permit by | 297 |
|
the department of health authorizing an analysis as described in | 298 |
|
this division that
contains an analysis of
the whole blood, blood | 299 |
|
serum or plasma,
breath, urine, or other
bodily substance tested | 300 |
|
and that contains
all of the information
specified in this | 301 |
|
division. The laboratory
report shall contain
all of the | 302 |
|
following: | 303 |
| (2) Notwithstanding any other provision of law regarding the | 321 |
|
admission of
evidence, a report of
the type described in division | 322 |
|
(F)(1) of this section is not
admissible against the
defendant
or | 323 |
|
child to whom it pertains in any proceeding, other than a | 324 |
|
preliminary
hearing or a grand jury proceeding, unless the | 325 |
|
prosecutor has served a copy of the report on the
defendant's or | 326 |
|
child's attorney or, if the defendant or child has no attorney,
on | 327 |
|
the defendant or child. | 328 |
| (3) A report of the type described in division
(F)(1) of
this | 329 |
|
section shall not be prima-facie evidence of the contents, | 330 |
|
identity, or amount of any substance if, within seven days after | 331 |
|
the defendant or child to whom the report pertains or the | 332 |
|
defendant's
or child's attorney receives a copy of the report, the | 333 |
|
defendant or child or
the defendant's or child's attorney demands | 334 |
|
the testimony of the person who
signed the report. The judge in | 335 |
|
the case may extend the seven-day
time limit in the interest of | 336 |
|
justice. | 337 |
| (G) Except as otherwise provided in this division, any | 338 |
|
physician, registered nurse, or qualified technician,
chemist,
or | 339 |
|
phlebotomist who withdraws blood from a person
pursuant to this | 340 |
|
section or section 1547.111 of the Revised Code, and a hospital, | 341 |
|
first-aid station, or clinic at which
blood is withdrawn from a | 342 |
|
person pursuant to this section or section 1547.111 of the Revised | 343 |
|
Code, is
immune from criminal
and
civil liability
based upon a | 344 |
|
claim of
assault and battery or
any
other
claim that is not
a | 345 |
|
claim of
malpractice, for
any
act performed in withdrawing blood | 346 |
|
from the
person.
The immunity
provided in this division is not | 347 |
|
available to
a person who
withdraws blood if the person engages in | 348 |
|
willful or
wanton
misconduct. | 349 |
| (H) Division (A)(6) of this section does not apply to a | 350 |
|
person who operates or is in physical control of a vessel underway | 351 |
|
or manipulates any water skis, aquaplane, or similar device while | 352 |
|
the person has a concentration of a listed controlled substance or | 353 |
|
a listed metabolite of a controlled substance in the person's | 354 |
|
whole blood, blood serum or plasma, or urine that equals or | 355 |
|
exceeds the amount specified in that division, if both of the | 356 |
|
following apply: | 357 |
| (b) A violation of a municipal ordinance prohibiting a person | 386 |
|
from operating or being in physical control of any vessel underway | 387 |
|
or from manipulating any water skis, aquaplane, or similar device | 388 |
|
on the waters of this state while under the influence of alcohol, | 389 |
|
a drug of abuse, or a combination of them or prohibiting a person | 390 |
|
from operating or being in physical control of any vessel underway | 391 |
|
or from manipulating any water skis, aquaplane, or similar device | 392 |
|
on the waters of this state with a prohibited concentration of | 393 |
|
alcohol, a controlled substance, or a metabolite of a controlled | 394 |
|
substance in the whole blood, blood serum or plasma, breath, or | 395 |
|
urine; | 396 |
| Sec. 1547.111. (A)(1)(a) Any person who operates
or is in | 402 |
|
physical
control of a vessel or
manipulates any water skis, | 403 |
|
aquaplane, or
similar device upon any waters
in this state shall | 404 |
|
be deemed to
have given consent to a chemical
test or tests
to | 405 |
|
determine the
alcohol, drug of abuse,
controlled substance, | 406 |
|
metabolite of a controlled substance, or
combination content
of | 407 |
|
the person's whole blood, blood serum or plasma,
breath, or
urine | 408 |
|
if arrested
for
operating
or being
in physical
control of a vessel | 409 |
|
or
manipulating any water
skis,
aquaplane, or
similar device in | 410 |
|
violation of section 1547.11
of
the Revised Code
or a | 411 |
|
substantially equivalent municipal
ordinance. | 412 |
(2)(b)
The test or tests
under division (A)(1) of this | 413 |
section
shall be
administered at the
directionrequest of a law | 414 |
|
enforcement
officer having reasonable grounds
to believe the | 415 |
|
person
was
operating
or in
physical control of a vessel or
| 416 |
|
manipulating
any
water skis, aquaplane, or similar device in | 417 |
|
violation of
section
1547.11 of the Revised Code
or a | 418 |
|
substantially equivalent
municipal
ordinance. The law enforcement | 419 |
|
agency
by which the
officer is employed shall designate which
test | 420 |
|
or tests shall be
administered. | 421 |
| (B)(1) If a law enforcement officer arrests a person for | 427 |
|
operating or being in physical control of a vessel or manipulating | 428 |
|
any water skis, aquaplane, or similar device in violation of | 429 |
|
section 1547.11 of the Revised Code or a substantially equivalent | 430 |
|
municipal ordinance and if the person previously has been | 431 |
|
convicted of or pleaded guilty to two or more violations of | 432 |
|
section 1547.11 of the Revised Code or other equivalent offenses, | 433 |
|
the law enforcement officer shall request the person to submit, | 434 |
|
and the person shall submit, to a chemical test or tests of the | 435 |
|
person's whole blood, blood serum or plasma, breath, or urine for | 436 |
|
the purpose of determining the alcohol, drug of abuse, controlled | 437 |
|
substance, metabolite of a controlled substance, or combination | 438 |
|
content of the person's whole blood, blood serum or plasma, | 439 |
|
breath, or urine. A law enforcement officer who makes a request | 440 |
|
pursuant to this division that a person submit to a chemical test | 441 |
|
or tests shall advise the person at the time of
the arrest that | 442 |
|
if the person refuses to take a chemical test the officer may | 443 |
|
employ whatever reasonable means are necessary to ensure that the | 444 |
|
person submits to a chemical test of the person's whole blood or | 445 |
|
blood serum or plasma. The officer shall also advise the person at | 446 |
|
the time of the arrest that the person may have an independent | 447 |
|
chemical test taken at the person's own expense. The advice shall | 448 |
|
be in written form prescribed by the chief of the division of | 449 |
|
watercraft and shall be read to the person. The form shall contain | 450 |
|
a statement that the form was shown to the person under arrest and | 451 |
|
read to the person by the arresting officer. The reading of the | 452 |
|
form shall be witnessed by one or more persons, and the witnesses | 453 |
|
shall certify to this fact by signing the form. Divisions | 454 |
|
(A)(1)(b) and (A)(2) of this section apply to the
administration | 455 |
|
of a chemical test or tests pursuant to this
division. | 456 |
|
(2) If a person refuses to submit to a chemical test upon a | 457 |
|
request made pursuant to division (B)(1) of this section, the law | 458 |
|
enforcement officer who made the request may employ whatever | 459 |
|
reasonable means are necessary to ensure that the person submits | 460 |
|
to a chemical test of the person's whole blood or blood serum or | 461 |
|
plasma. A law enforcement officer who acts pursuant to this | 462 |
|
division to ensure that a person submits to a chemical test of the | 463 |
|
person's whole blood or blood serum or plasma is immune from | 464 |
|
criminal and civil liability based upon a claim for assault and | 465 |
|
battery or any other claim for the acts, unless the officer so | 466 |
|
acted with malicious purpose, in bad faith, or in a wanton or | 467 |
|
reckless manner. | 468 |
| (C) Any person under arrest for
violating section 1547.11
of | 469 |
|
the
Revised Code
or a
substantially equivalent municipal | 470 |
|
ordinance
shall be advised
of
the consequences of refusing to | 471 |
|
submit to a
chemical test
or tests
designated
as provided in | 472 |
|
division
(A) of
this section. The advice shall be in a written | 473 |
|
form
prescribed by
the chief of the division of watercraft and | 474 |
|
shall
be
read to the
person. The form shall contain a statement | 475 |
|
that
the
form was shown
to the person under arrest and read to | 476 |
|
the
person
by the arresting
officer. The
reading of the form | 477 |
|
shall
be witnessed by one or
more
persons, and the witnesses shall | 478 |
|
certify to this fact by
signing
the form. The person must submit | 479 |
|
to the chemical test or tests,
subsequent to the request of the | 480 |
|
arresting officer, within two
hours of the time of the alleged | 481 |
|
violation, and if the person does
not submit to the test or tests | 482 |
|
within that two-hour time limit,
the failure to submit | 483 |
|
automatically constitutes a refusal to
submit to the test or | 484 |
|
tests. | 485 |
| (D) If
a
law enforcement officer asks a person under arrest | 486 |
|
for
violating
section
1547.11 of the Revised Code
or a | 487 |
|
substantially equivalent
municipal
ordinance to submit to a | 488 |
|
chemical test
or tests as
provided in
division
(A) of this | 489 |
|
section,
if the arresting
officer
advises
the person of the | 490 |
|
consequences of
the
person's refusal as
provided in division (C) | 491 |
|
of
this section,
and if the person
refuses to submit, no chemical | 492 |
|
test
shall be
given.
Upon receipt
of
a sworn statement of
the
| 493 |
|
officer that the
arresting law
enforcement officer had
reasonable | 494 |
|
grounds to believe the arrested
person
violated section 1547.11 | 495 |
|
of the Revised Code or
a
substantially
equivalent municipal | 496 |
|
ordinance and that the person
refused to
submit to the chemical | 497 |
|
test upon
the
request of the
officer, and upon receipt of the | 498 |
|
form as provided in
division (C)
of this section certifying that | 499 |
|
the arrested person
was advised of
the consequences of the | 500 |
|
refusal,
the chief of the
division of
watercraft shall inform the | 501 |
|
person by written notice
that the
person is prohibited from | 502 |
|
operating
or being in physical
control
of a
vessel,
from
| 503 |
|
manipulating
any
water skis,
aquaplane, or
similar device, and | 504 |
|
from
registering
any watercraft
in accordance
with section | 505 |
|
1547.54
of
the Revised
Code, for one
year following
the date of | 506 |
|
the
alleged
violation.
The suspension of these
operation,
physical | 507 |
|
control,
manipulation, and
registration
privileges
shall
continue | 508 |
|
for
the entire
one-year
period, subject
to review as
provided in | 509 |
|
this
section. | 510 |
| If the person under arrest is the owner of the vessel | 511 |
|
involved in the alleged violation, the
law enforcement officer who | 512 |
|
arrested the person shall
seize the watercraft registration | 513 |
|
certificate and tags from the
vessel involved in the violation and | 514 |
|
forward them to the chief. The chief shall retain the
impounded | 515 |
|
registration certificate and tags and shall impound
all other | 516 |
|
registration
certificates and tags issued to the person in | 517 |
|
accordance with sections 1547.54 and 1547.57 of the Revised Code, | 518 |
|
for a period of one year following the date of the alleged | 519 |
|
violation,
subject to review as provided in this section. | 520 |
| If the arrested person fails to surrender the
registration | 521 |
|
certificate because it is not on the person of the
arrested person | 522 |
|
or in the watercraft, the law enforcement
officer who made the | 523 |
|
arrest shall order the person to
surrender it within twenty-four | 524 |
|
hours to the law enforcement officer or the
law enforcement agency | 525 |
|
that employs the law enforcement officer.
If the person fails to | 526 |
|
do so, the law
enforcement officer shall notify the chief of that | 527 |
|
fact in the
statement the officer submits to the chief under this | 528 |
|
division. | 529 |
| (E) Upon suspending a person's operation,
physical control,
| 530 |
|
manipulation,
and
registration privileges in accordance with | 531 |
|
division (D)
of this
section, the chief shall notify the
person in | 532 |
|
writing, at
the person's last known address, and
inform the person | 533 |
|
that the
person may
petition for a hearing in accordance with | 534 |
|
division (F)
of this section. If a
person whose operation, | 535 |
|
physical control,
manipulation,
and registration
privileges
have | 536 |
|
been suspended
petitions for
a hearing or appeals any
adverse | 537 |
|
decision, the suspension
shall
begin at the
termination
of any | 538 |
|
hearing or appeal unless the
hearing or appeal
results in a | 539 |
|
decision
favorable to the person. | 540 |
| (F) Any person who has been notified by the chief that the | 541 |
|
person is prohibited from
operating
or being in physical control | 542 |
|
of a vessel or
manipulating any
water skis, aquaplane, or
similar | 543 |
|
device
and
from registering any watercraft in accordance
with | 544 |
|
section
1547.54 of the Revised Code, or who has had the | 545 |
|
registration
certificate and tags of the person's watercraft | 546 |
|
impounded
pursuant
to
division (D) of this section, within twenty | 547 |
|
days of the
notification or impoundment, may file a petition in | 548 |
|
the municipal
court or the county court, or if the person is a | 549 |
|
minor
in juvenile
court,
with jurisdiction
over the place
at
which | 550 |
|
the
arrest
occurred,
agreeing to pay the cost of the
proceedings | 551 |
|
and
alleging
error in
the action taken by the chief
under
division | 552 |
|
(D)
of this
section or alleging one or more of the
matters within | 553 |
|
the
scope of
the hearing as provided in this
section, or both. The | 554 |
|
petitioner
shall notify the chief of the
filing of the
petition | 555 |
|
and send
the
chief a copy of the petition. | 556 |
| The scope of the hearing is limited to the issues of
whether | 557 |
|
the law enforcement officer had reasonable grounds to
believe the | 558 |
|
petitioner was operating
or in physical control of a vessel
or
| 559 |
|
manipulating any water
skis, aquaplane, or similar device
in | 560 |
|
violation of
section 1547.11
of the Revised Code or a | 561 |
|
substantially equivalent municipal
ordinance,
whether the | 562 |
|
petitioner was placed under arrest, whether
the petitioner
refused | 563 |
|
to submit to the chemical test upon request
of the
officer, and | 564 |
|
whether the petitioner was advised of the
consequences of the | 565 |
|
petitioner's refusal. | 566 |
| (2) In hearing the matter and in determining whether the | 570 |
|
person has shown error in the decision taken by the chief as | 571 |
|
provided in
division (D) of this
section, the court shall decide | 572 |
|
the issue upon the relevant,
competent, and material evidence | 573 |
|
submitted by the chief or the person whose
operation,
physical | 574 |
|
control,
manipulation,
and
registration privileges have been | 575 |
|
suspended. | 576 |
| In the proceedings, the chief shall be represented by
the | 577 |
|
prosecuting attorney of the county in which the petition is
filed | 578 |
|
if the petition is filed in a county court or juvenile
court, | 579 |
|
except that if the arrest occurred within a city or
village within | 580 |
|
the jurisdiction of the county court in which the
petition is | 581 |
|
filed, the city director of law or village solicitor
of that city | 582 |
|
or village shall represent the chief. If the
petition is filed in | 583 |
|
the municipal court, the chief shall be
represented as provided in | 584 |
|
section 1901.34 of the
Revised
Code. | 585 |
| (3) If the court finds from the evidence submitted that
the | 586 |
|
person has failed to show error in the action taken by the
chief | 587 |
|
under division (D) of this
section or in one or more of the | 588 |
|
matters within the scope of the
hearing as provided in division | 589 |
|
(F) of this section, or both,
the court shall assess the cost of | 590 |
|
the proceeding against
the person and shall uphold the suspension | 591 |
|
of the operation,
physical
control, use, and registration | 592 |
|
privileges provided in division (D)
of this
section. If the court | 593 |
|
finds that the person has shown error in
the action taken by the | 594 |
|
chief under
division (D) of this section or in one or more of the | 595 |
|
matters
within the scope of the hearing as provided in division | 596 |
|
(F) of
this section, or both, the cost of the proceedings shall be | 597 |
|
paid
out of the county treasury of the county in which the | 598 |
|
proceedings
were held,
the chief shall reinstate the operation, | 599 |
|
physical
control,
manipulation,
and registration privileges of
the | 600 |
|
person
without charge, and
the chief shall
return the
registration | 601 |
|
certificate and tags, if impounded,
without charge. | 602 |
| (H) At the end of any period of suspension or impoundment | 605 |
|
imposed under this section, and upon request of the person whose | 606 |
|
operation,
physical control, use,
and registration privileges
were | 607 |
|
suspended or
whose registration certificate and tags were | 608 |
|
impounded, the chief
shall reinstate the person's
operation, | 609 |
|
physical control,
manipulation, and registration privileges by | 610 |
|
written
notice and
return the certificate and tags. | 611 |
| (I) No person who has received written notice from the
chief | 612 |
|
that the person is
prohibited from operating
or being in physical | 613 |
|
control of a vessel,
from
manipulating any water skis,
aquaplane, | 614 |
|
or
similar
device, and from registering a watercraft,
or who has | 615 |
|
had
the
registration certificate and tags of the
person's | 616 |
|
watercraft
impounded, in
accordance with division (D) of
this | 617 |
|
section, shall
operate
or be in
physical control of a vessel
or
| 618 |
|
manipulate any water
skis, aquaplane, or
similar device for
a | 619 |
|
period of one year
following the date of the person's
alleged | 620 |
|
violation of section
1547.11 of the Revised Code
or the | 621 |
|
substantially equivalent
municipal ordinance. | 622 |
| (F) Whoever violates division (M) of section 1547.54, | 638 |
|
division (G) of section 1547.30, or section 1547.131, 1547.25, | 639 |
|
1547.33, 1547.38, 1547.39, 1547.40,
1547.65, 1547.69, or 1547.92 | 640 |
|
of the
Revised Code or a rule adopted under division (A)(2) of | 641 |
|
section
1547.52 of the Revised Code is guilty of a misdemeanor of | 642 |
|
the
fourth degree. | 643 |
| The court may suspend the execution of the mandatory
jail | 653 |
|
term of three
consecutive days
that it is required
to impose by | 654 |
|
division (G)(1) of this section if the court, in
lieu
of the | 655 |
|
suspended
jail term, places the offender
under a community control | 656 |
|
sanction pursuant to section
2929.25 of the Revised Code
and | 657 |
|
requires the
offender to attend,
for three consecutive days, a | 658 |
|
drivers'
intervention program that
is certified pursuant to | 659 |
|
section
3793.10 of the Revised Code. The
court also may suspend | 660 |
|
the
execution of any part of the mandatory
jail term of three | 661 |
|
consecutive days
that it is
required to impose by division
(G)(1) | 662 |
|
of this section if
the court
places the offender
under a community | 663 |
|
control
sanction pursuant to section 2929.25 of the Revised Code | 664 |
|
for
part
of the three
consecutive days; requires the offender to | 665 |
|
attend,
for that part
of the three consecutive days, a drivers' | 666 |
|
intervention program
that is certified pursuant to section 3793.10 | 667 |
|
of the Revised
Code; and sentences the offender to a
jail term
| 668 |
|
equal
to the remainder of the three consecutive days
that the | 669 |
|
offender
does not spend attending the drivers'
intervention | 670 |
|
program. The
court may require the offender, as a
condition of
| 671 |
|
community control, to
attend and
satisfactorily complete any | 672 |
|
treatment or education
programs, in
addition to the required | 673 |
|
attendance at a drivers'
intervention
program, that the operators | 674 |
|
of the drivers'
intervention program
determine that the offender | 675 |
|
should attend
and to report
periodically to the court on the | 676 |
|
offender's progress
in the
programs. The court also may impose
any | 677 |
|
other conditions of
community control on the offender that it | 678 |
|
considers
necessary. | 679 |
| (2) If, within
six years of the offense, the offender
has | 680 |
|
been convicted of or pleaded guilty to one violation of
section | 681 |
1547.11 of the Revised Code, of a municipal ordinance
relating to | 682 |
operating a watercraft or manipulating any water skis,
aquaplane, | 683 |
or similar device while under the influence of alcohol,
a drug of | 684 |
abuse, or
a combination of
them, of a municipal ordinance
relating | 685 |
to operating a watercraft
or manipulating any water
skis, | 686 |
aquaplane, or similar device with
a prohibited
concentration of | 687 |
alcohol, a controlled substance, or a metabolite of a controlled | 688 |
substance in the
whole blood,
blood
serum or plasma, breath, or | 689 |
urine, of division
(A)(1) of
section
2903.06 of the Revised Code, | 690 |
or of division
(A)(2), (3),
or (4) of
section 2903.06 of the | 691 |
Revised Code
or
section
2903.06 or
2903.07 of the Revised Code
as | 692 |
they existed prior to March 23,
2000, in a case in which
the jury | 693 |
or judge found that the offender
was under the influence
of | 694 |
alcohol, a drug of abuse, or
a combination of themor one other | 695 |
|
equivalent offense, the
court
shall
sentence the offender to a | 696 |
|
jail term
of
ten
consecutive
days and may sentence the offender | 697 |
|
pursuant to
section
2929.24 of
the Revised Code to a longer
jail | 698 |
|
term. In
addition,
the court shall impose upon the
offender a fine | 699 |
|
of not
less than
one hundred fifty nor more than
one thousand | 700 |
|
dollars. | 701 |
| (3) If, within
six years of the offense, the offender
has | 706 |
|
been convicted of or pleaded guilty to more than one violation or | 707 |
|
offense
identified in
division (G)(2) of this section,
the court | 708 |
|
shall
sentence the offender to a
jail term
of thirty
consecutive | 709 |
|
days and may sentence the
offender to a longer
jail
term
of not | 710 |
|
more than one
year. In addition, the
court
shall impose upon the | 711 |
|
offender a
fine of not less than one
hundred
fifty nor more than | 712 |
|
one
thousand dollars. | 713 |
| (4) Upon a showing that
serving a jail term
would seriously | 718 |
|
affect
the ability of an offender sentenced
pursuant to division | 719 |
|
(G)(1),
(2), or (3) of this section to
continue the offender's | 720 |
|
employment,
the court may authorize that
the offender be granted | 721 |
|
work release
after the
offender has served the
mandatory jail term | 722 |
|
of three, ten,
or
thirty consecutive days
that the court is | 723 |
|
required
by division (G)(1), (2), or (3) of this section to | 724 |
|
impose. No
court shall authorize work release
during the
mandatory | 725 |
|
jail term of
three, ten, or thirty consecutive days
that the
court | 726 |
|
is required by division (G)(1), (2),
or (3) of
this section
to | 727 |
|
impose. The duration of the work
release shall
not exceed the
time | 728 |
|
necessary each day for the
offender to
commute to and from
the | 729 |
|
place of employment and the
place
in which the jail term is served | 730 |
|
and the
time
actually spent under employment. | 731 |
| (5) Notwithstanding any section of the Revised Code that | 732 |
|
authorizes the suspension of the imposition or execution of a | 733 |
|
sentence or the placement of an offender in any treatment program | 734 |
|
in lieu of
being imprisoned or serving a jail term,
no court shall | 735 |
|
suspend the
mandatory jail term of ten or thirty
consecutive days
| 736 |
|
required to be imposed by
division (G)(2) or (3) of this section | 737 |
|
or place an offender who
is
sentenced pursuant to division (G)(2) | 738 |
|
or (3) of this section
in
any treatment program in lieu of
being | 739 |
|
imprisoned or
serving a jail term until after the
offender has | 740 |
|
served the
mandatory jail term of ten or thirty consecutive days
| 741 |
|
required to be imposed pursuant to division (G)(2)
or
(3) of this | 742 |
|
section. Notwithstanding any section of the
Revised
Code that | 743 |
|
authorizes the suspension of the imposition or
execution
of a | 744 |
|
sentence or the placement of an offender in any
treatment
program | 745 |
|
in lieu of
being imprisoned or serving a jail
term, no court, | 746 |
|
except as
specifically
authorized by division
(G)(1) of this | 747 |
|
section, shall
suspend the
mandatory jail term of
three | 748 |
|
consecutive days
required to be
imposed by
division (G)(1) of this | 749 |
|
section or place an offender
who is
sentenced pursuant to division | 750 |
|
(G)(1) of this section in
any
treatment program in lieu of | 751 |
|
imprisonment until after the
offender
has served the
mandatory | 752 |
|
jail term of three consecutive days
required to
be imposed | 753 |
|
pursuant to division (G)(1) of
this
section. | 754 |
| (H) Whoever violates section 1547.304 of the Revised Code
is | 760 |
|
guilty of a misdemeanor of the fourth degree and also shall be | 761 |
|
assessed any costs incurred by the state or a county, township, | 762 |
|
municipal corporation, or other political subdivision in
disposing | 763 |
|
of an abandoned junk vessel or outboard motor, less any
money | 764 |
|
accruing to the state, county, township, municipal
corporation, or | 765 |
|
other political subdivision from that
disposal. | 766 |
| (L) The sentencing court, in addition to the penalty
provided | 779 |
|
under this section for a violation of this chapter or a
rule | 780 |
|
adopted under it
that involves a powercraft powered by more
than | 781 |
|
ten horsepower and that, in
the opinion of the court,
involves a | 782 |
|
threat to the safety of persons or
property, shall
order the | 783 |
|
offender to complete successfully a boating course
approved by the | 784 |
|
national association of state boating law
administrators
before | 785 |
|
the offender is allowed to operate a
powercraft powered by more | 786 |
|
than
ten horsepower on the waters in
this state. Violation of a | 787 |
|
court order
entered under this
division is punishable as contempt | 788 |
|
under Chapter
2705. of the
Revised Code. | 789 |
| Sec. 2929.18. (A) Except as otherwise provided in this | 790 |
|
division and in addition to imposing court costs pursuant to | 791 |
|
section 2947.23
of the Revised Code, the court imposing a sentence | 792 |
|
upon an offender for a
felony may sentence the offender to any | 793 |
|
financial sanction or combination of
financial
sanctions | 794 |
|
authorized under this section or, in the circumstances specified | 795 |
|
in section
2929.32 of the Revised Code, may impose upon
the | 796 |
|
offender a fine in accordance with that section.
Financial | 797 |
|
sanctions
that may be imposed pursuant to this section
include, | 798 |
|
but are
not limited to, the following: | 799 |
| (1) Restitution by the offender to the victim of the | 800 |
|
offender's crime or any survivor of the victim, in an amount
based | 801 |
|
on the victim's economic loss. If the court imposes restitution, | 802 |
|
the court shall order that the
restitution be made
to the victim | 803 |
|
in open court, to the adult
probation department that serves
the | 804 |
|
county
on behalf of the
victim, to the clerk of courts, or to | 805 |
|
another agency
designated by
the court. If the court imposes | 806 |
|
restitution, at sentencing, the court shall determine
the
amount | 807 |
|
of
restitution to be made by the offender.
If the court imposes | 808 |
|
restitution, the court may
base the amount of restitution it | 809 |
|
orders on an amount recommended
by the victim, the offender, a | 810 |
|
presentence investigation report,
estimates or receipts indicating | 811 |
|
the cost of repairing or
replacing property, and other | 812 |
|
information, provided that the amount the court orders as | 813 |
|
restitution shall not exceed the amount of the economic loss | 814 |
|
suffered by the victim as a direct and proximate result of the | 815 |
|
commission of the offense. If the court decides to impose | 816 |
|
restitution, the court shall hold a
hearing on restitution if the | 817 |
|
offender, victim, or survivor
disputes the amount. All
restitution | 818 |
|
payments
shall be credited
against any recovery of
economic loss | 819 |
|
in a
civil action brought by
the victim or any
survivor of the | 820 |
|
victim
against the offender. | 821 |
| (2) Except as provided in division (B)(1), (3), or (4) of | 831 |
|
this section, a fine payable by the offender to the state, to a | 832 |
|
political subdivision, or as described in division (B)(2)
of this | 833 |
|
section to one or more law enforcement agencies, with the
amount | 834 |
|
of the fine based on a standard percentage of the
offender's daily | 835 |
|
income over a period of time determined by the
court and based | 836 |
|
upon the seriousness of the offense. A fine
ordered under this | 837 |
|
division shall not exceed the
maximum conventional fine
amount | 838 |
|
authorized for
the level of the offense under division
(A)(3) of | 839 |
|
this section. | 840 |
| (b) If the offender is sentenced to a sanction of
confinement | 875 |
|
pursuant to
section 2929.14 or 2929.16 of the Revised
Code that is | 876 |
|
to be served in a facility
operated by a board of
county | 877 |
|
commissioners, a legislative authority of a
municipal
corporation, | 878 |
|
or another local governmental entity,
if, pursuant to
section | 879 |
|
307.93, 341.14, 341.19,
341.23,
753.02, 753.04, 753.16,
2301.56, | 880 |
|
or 2947.19 of the Revised
Code
and section 2929.37 of the
Revised | 881 |
|
Code,
the
board,
legislative
authority, or other local | 882 |
|
governmental
entity requires
prisoners
to
reimburse
the county, | 883 |
|
municipal
corporation,
or other entity
for
its expenses incurred | 884 |
|
by reason
of the
prisoner's confinement,
and if the
court
does not | 885 |
|
impose a
financial
sanction under
division (A)(5)(a)(ii)
of this | 886 |
|
section,
confinement
costs may be
assessed pursuant to section | 887 |
|
2929.37 of
the Revised Code. In
addition, the offender may be | 888 |
|
required to pay
the fees specified
in section 2929.38 of the | 889 |
|
Revised Code in
accordance with that
section. | 890 |
| (B)(1) For a first, second, or third degree
felony violation | 893 |
|
of any provision of Chapter 2925.,
3719., or 4729. of the Revised | 894 |
|
Code, the
sentencing court shall impose upon the offender a | 895 |
|
mandatory fine
of at least one-half of, but not more than, the | 896 |
|
maximum statutory
fine amount authorized for the level of the | 897 |
|
offense pursuant to
division (A)(3) of this section. If an | 898 |
|
offender alleges in an affidavit filed
with the court prior
to | 899 |
|
sentencing that the offender is indigent and unable to pay the | 900 |
|
mandatory fine and if the court determines the offender is an | 901 |
|
indigent person and is unable to pay the mandatory fine described | 902 |
|
in this
division, the court shall not impose the mandatory fine | 903 |
|
upon the offender. | 904 |
| (4) Notwithstanding any fine
otherwise authorized or
required | 918 |
|
to be imposed under division
(A)(2) or (3) or (B)(1) of
this | 919 |
|
section or section 2929.31
of the Revised Code for a
violation of | 920 |
|
section 2925.03 of the Revised Code, in
addition to
any
penalty or | 921 |
|
sanction imposed for that offense under section
2925.03 or | 922 |
|
sections 2929.11 to 2929.18 of the
Revised Code and in
addition to | 923 |
|
the
forfeiture of property in connection with the
offense as | 924 |
|
prescribed in Chapter 2981. of the
Revised Code, the court that | 925 |
|
sentences
an offender for a violation
of section 2925.03 of
the | 926 |
|
Revised Code may impose upon the
offender a fine in addition to | 927 |
|
any fine imposed under division
(A)(2) or (3) of this section
and | 928 |
|
in addition to any mandatory
fine imposed under division
(B)(1) of | 929 |
|
this section. The fine
imposed under division
(B)(4) of this | 930 |
|
section shall be used as
provided in division
(H) of section | 931 |
|
2925.03 of the Revised Code.
A
fine
imposed under division (B)(4) | 932 |
|
of this section shall not
exceed
whichever of the following is | 933 |
|
applicable: | 934 |
| (b) If the offender has no interest
in any property of the | 941 |
|
type described in division
(B)(4)(a) of this section or if it is | 942 |
|
not possible to
ascertain whether
the offender has an interest in | 943 |
|
any property of that type in
which the offender may have an | 944 |
|
interest, the amount of the
mandatory fine for the offense imposed | 945 |
|
under division
(B)(1) of this section or, if no mandatory fine is | 946 |
|
imposed under
division (B)(1) of this section, the amount of the | 947 |
|
fine authorized
for the level of the offense
imposed under | 948 |
|
division (A)(3) of this section. | 949 |
| (5) Prior to imposing a fine under division
(B)(4) of this | 950 |
|
section, the
court shall determine whether the offender has an | 951 |
|
interest in
any property of the type described in division | 952 |
|
(B)(4)(a) of this section. Except as provided in
division (B)(6) | 953 |
|
or (7) of this section,
a fine that is authorized and imposed | 954 |
|
under division
(B)(4) of this section does not
limit or affect the | 955 |
|
imposition of the penalties and sanctions
for a violation of | 956 |
|
section 2925.03 of the Revised Code
prescribed under
those | 957 |
|
sections
or sections 2929.11 to 2929.18 of the
Revised Code and | 958 |
|
does not limit or
affect a forfeiture of property in connection | 959 |
|
with the offense
as prescribed in Chapter 2981. of
the
Revised | 960 |
|
Code. | 961 |
| (6) If the sum total of a mandatory fine amount imposed
for
a | 962 |
|
first, second, or third degree felony violation of section
2925.03 | 963 |
|
of the Revised Code under division
(B)(1) of this section
plus the | 964 |
|
amount of any fine imposed under division
(B)(4) of this
section | 965 |
|
does not
exceed the maximum statutory fine amount
authorized for | 966 |
|
the
level of the offense under division (A)(3) of
this section or | 967 |
|
section 2929.31 of the Revised Code, the court may
impose a
fine | 968 |
|
for the offense in addition to the mandatory fine
and the
fine | 969 |
|
imposed under division (B)(4) of this section. The
sum total of | 970 |
|
the amounts of the mandatory fine, the fine imposed
under division | 971 |
|
(B)(4) of this
section, and the additional fine
imposed under | 972 |
|
division
(B)(6) of this section shall
not exceed the
maximum | 973 |
|
statutory fine amount authorized for the
level of the
offense | 974 |
|
under division (A)(3) of this section or
section 2929.31
of the | 975 |
|
Revised Code. The clerk of the court
shall pay any fine
that is | 976 |
|
imposed under division
(B)(6) of this section to the
county, | 977 |
|
township, municipal
corporation, park district as
created
pursuant | 978 |
|
to section 511.18 or 1545.04 of the
Revised Code, or
state law | 979 |
|
enforcement
agencies in this state that primarily were
responsible | 980 |
|
for or
involved in making the arrest of, and in
prosecuting, the | 981 |
|
offender pursuant to division (F) of section
2925.03 of the | 982 |
|
Revised Code. | 983 |
| (7) If the sum total of the amount of a mandatory fine | 984 |
|
imposed for a first, second, or third degree felony violation of | 985 |
|
section 2925.03 of the Revised Code plus the amount of any
fine | 986 |
|
imposed under division (B)(4) of this section exceeds
the maximum | 987 |
|
statutory fine amount authorized for the level of
the offense | 988 |
|
under division (A)(3) of this section or
section 2929.31 of the | 989 |
|
Revised Code, the court shall not
impose a fine under division | 990 |
|
(B)(6) of this section. | 991 |
| (C)(1) The offender shall pay reimbursements
imposed upon
the | 992 |
|
offender pursuant to division
(A)(5)(a) of this
section to
pay
the | 993 |
|
costs incurred by the department of rehabilitation and
correction | 994 |
|
in operating a
prison or other facility used to confine
offenders | 995 |
|
pursuant to sanctions
imposed under section 2929.14, 2929.142, or | 996 |
|
2929.16 of the Revised
Code to the treasurer of state. The | 997 |
|
treasurer of state
shall deposit the reimbursements in the | 998 |
|
confinement cost
reimbursement fund that is hereby created in the | 999 |
|
state
treasury. The department of rehabilitation and correction | 1000 |
|
shall
use the amounts deposited in the fund to fund the operation | 1001 |
|
of
facilities used to confine offenders pursuant to sections | 1002 |
|
2929.14, 2929.142,
and 2929.16 of the Revised Code. | 1003 |
| (2) Except as provided in section 2951.021 of the Revised | 1004 |
|
Code, the offender
shall pay reimbursements imposed upon the | 1005 |
|
offender pursuant to division
(A)(5)(a) of this
section to pay
the | 1006 |
|
costs incurred by a county pursuant to any
sanction imposed
under | 1007 |
|
this section or section 2929.16 or 2929.17
of the Revised
Code or | 1008 |
|
in operating a facility
used to confine offenders pursuant
to a | 1009 |
|
sanction imposed under
section 2929.16 of the Revised Code to
the | 1010 |
|
county
treasurer. The county treasurer shall deposit the | 1011 |
|
reimbursements in the sanction cost reimbursement fund that each | 1012 |
|
board of county commissioners shall create in its county
treasury. | 1013 |
|
The county shall use the amounts deposited in the fund
to pay the | 1014 |
|
costs incurred by the county pursuant to any sanction
imposed | 1015 |
|
under this section or section 2929.16 or 2929.17 of the
Revised | 1016 |
|
Code or in operating a facility used to
confine offenders pursuant | 1017 |
|
to a sanction imposed under section
2929.16 of the Revised Code. | 1018 |
| (3) Except as provided in section 2951.021 of the Revised | 1019 |
|
Code, the offender
shall pay reimbursements imposed upon the | 1020 |
|
offender pursuant to division
(A)(5)(a) of this
section to pay
the | 1021 |
|
costs incurred by a municipal corporation
pursuant to any
sanction | 1022 |
|
imposed under this section or section
2929.16 or 2929.17
of the | 1023 |
|
Revised Code or in
operating a facility used to confine
offenders | 1024 |
|
pursuant to a
sanction imposed under section 2929.16 of
the | 1025 |
|
Revised
Code to the treasurer of the municipal
corporation.
The | 1026 |
|
treasurer shall deposit the reimbursements
in a special fund
that | 1027 |
|
shall be established in the
treasury of each municipal | 1028 |
|
corporation. The municipal
corporation shall use the amounts | 1029 |
|
deposited in the fund to pay
the costs incurred by the municipal | 1030 |
|
corporation pursuant to any
sanction imposed under this section or | 1031 |
|
section 2929.16 or 2929.17
of the Revised Code or in operating a | 1032 |
|
facility
used to confine offenders pursuant to a sanction imposed | 1033 |
|
under
section 2929.16 of the Revised Code. | 1034 |
| (D)
Except as otherwise provided in this division, a | 1040 |
|
financial sanction imposed pursuant to division (A) or
(B) of this | 1041 |
|
section is a judgment in favor of the state or a
political | 1042 |
|
subdivision in which the court that imposed the
financial
sanction | 1043 |
|
is located, and the offender subject to the financial sanction is | 1044 |
|
the judgment debtor. A financial sanction of
reimbursement
imposed | 1045 |
|
pursuant to division
(A)(5)(a)(ii) of this
section upon
an | 1046 |
|
offender who is incarcerated in a state facility
or a municipal | 1047 |
|
jail is a judgment in favor of the state or the
municipal | 1048 |
|
corporation, and the offender subject to the financial sanction is | 1049 |
|
the judgment debtor. A financial sanction of reimbursement
imposed | 1050 |
|
upon an
offender pursuant to this section for costs
incurred by a | 1051 |
|
private provider of
sanctions is a judgment in favor
of the | 1052 |
|
private provider, and the offender subject to the financial | 1053 |
|
sanction is the judgment debtor. A
financial sanction of | 1054 |
|
restitution
imposed
pursuant to this section is an order in favor | 1055 |
|
of the
victim of
the offender's criminal act that can be collected | 1056 |
|
through execution as described in division (D)(1) of this section | 1057 |
|
or through an order as described in division (D)(2) of this | 1058 |
|
section, and the offender shall be considered for purposes of the | 1059 |
|
collection as the judgment debtor. Imposition of a financial | 1060 |
|
sanction and execution on the
judgment does not preclude any other | 1061 |
|
power of the court to impose or enforce
sanctions on the offender. | 1062 |
|
Once the financial sanction is
imposed as a judgment or order | 1063 |
|
under this division, the victim,
private provider, state, or | 1064 |
|
political subdivision may bring an
action to do any of the | 1065 |
|
following: | 1066 |
| (F) Each court imposing a financial sanction
upon an
offender | 1092 |
|
under this section or under section
2929.32 of
the
Revised
Code | 1093 |
|
may designate
the clerk of the court
or another person to collect | 1094 |
|
the financial sanction. The
clerk or other person authorized by | 1095 |
|
law or the court to collect
the financial sanction may
enter into | 1096 |
|
contracts with one or more
public agencies or private
vendors for | 1097 |
|
the collection of, amounts
due under the financial
sanction | 1098 |
|
imposed pursuant to this
section
or section
2929.32 of
the Revised | 1099 |
|
Code. Before entering
into a
contract for the
collection of | 1100 |
|
amounts due from an offender
pursuant to any
financial sanction | 1101 |
|
imposed
pursuant to this
section or section
2929.32 of the Revised | 1102 |
|
Code,
a court
shall comply with sections
307.86 to 307.92 of the | 1103 |
|
Revised Code. | 1104 |
| Sec. 2929.28. (A) In addition to imposing court costs | 1115 |
|
pursuant to section 2947.23 of the Revised Code, the court | 1116 |
|
imposing a sentence upon an
offender
for a misdemeanor, including | 1117 |
|
a minor misdemeanor, may
sentence the offender to any financial | 1118 |
|
sanction or
combination of
financial sanctions authorized under | 1119 |
|
this section.
If the court in its discretion imposes one or more | 1120 |
|
financial sanctions, the financial sanctions that may be imposed | 1121 |
|
pursuant to
this section
include,
but are not limited to, the | 1122 |
|
following: | 1123 |
| (1) Unless the misdemeanor offense is a minor misdemeanor or | 1124 |
|
could be disposed of by the traffic violations bureau serving the | 1125 |
|
court under Traffic Rule 13, restitution by the offender to the | 1126 |
|
victim of the
offender's
crime or any survivor of the victim, in | 1127 |
|
an amount based
on the victim's
economic loss. The court may not | 1128 |
|
impose restitution as a sanction pursuant to this division if the | 1129 |
|
offense is a minor misdemeanor or could be disposed of by the | 1130 |
|
traffic violations bureau serving the court under Traffic Rule 13. | 1131 |
|
If the court requires restitution, the court shall order that the | 1132 |
|
restitution be made to
the victim in open court or to the adult | 1133 |
|
probation department that
serves the jurisdiction or the clerk of | 1134 |
|
the court on behalf of the
victim. | 1135 |
| If the court imposes restitution, the court shall determine | 1136 |
|
the
amount
of restitution to be paid by the offender. If the court | 1137 |
|
imposes restitution, the court may
base the amount of restitution | 1138 |
|
it orders on an
amount recommended
by the victim, the offender, a | 1139 |
|
presentence
investigation report,
estimates or receipts indicating | 1140 |
|
the cost of
repairing or
replacing property, and other | 1141 |
|
information, provided that the amount the court orders as | 1142 |
|
restitution shall not exceed the amount of the economic loss | 1143 |
|
suffered by the victim as a direct and proximate result of the | 1144 |
|
commission of the offense. If the court decides to impose | 1145 |
|
restitution, the court
shall hold
an evidentiary hearing on | 1146 |
|
restitution if the offender, victim, or
survivor
disputes the | 1147 |
|
amount of restitution. If the court holds an evidentiary hearing, | 1148 |
|
at the hearing the victim or survivor has the burden to prove by a | 1149 |
|
preponderance of the evidence the amount of restitution sought | 1150 |
|
from the offender. | 1151 |
| (b) The amount of reimbursement ordered under
division | 1196 |
|
(A)(3)(a)
of this section shall not exceed the total
amount of | 1197 |
|
reimbursement
the offender
is able to pay and shall not
exceed the | 1198 |
|
actual cost of the sanctions. The court may collect
any amount of | 1199 |
|
reimbursement
the offender is required to pay under
that division. | 1200 |
|
If the court
does not order reimbursement under
that division, | 1201 |
|
confinement
costs may be assessed pursuant to a
repayment policy | 1202 |
|
adopted under
section 2929.37 of the Revised
Code. In addition, | 1203 |
|
the offender may be required to pay the fees specified in section | 1204 |
|
2929.38 of the Revised Code in accordance with that section. | 1205 |
| If the court determines that the offender is indigent and | 1211 |
|
unable to pay the financial sanction or court costs, the court | 1212 |
|
shall consider imposing and
may impose a term of community service | 1213 |
|
under
division (A) of
section 2929.27 of the Revised Code
in lieu | 1214 |
|
of
imposing a
financial sanction or court costs. If the court
does | 1215 |
|
not determine that the
offender is indigent, the court may
impose | 1216 |
|
a term of community
service
under division (A) of section
2929.27 | 1217 |
|
of the Revised Code
in lieu of or in addition to
imposing
a | 1218 |
|
financial sanction under
this section and in addition to
imposing | 1219 |
|
court costs. The court may order
community service for a
minor | 1220 |
|
misdemeanor pursuant to division (C) of
section 2929.27 of
the | 1221 |
|
Revised
Code in lieu of or in addition to
imposing a financial | 1222 |
|
sanction
under this section and in addition to imposing court | 1223 |
|
costs. If a person
fails to pay a financial
sanction or court | 1224 |
|
costs, the court
may order community
service in lieu of the | 1225 |
|
financial sanction or court costs. | 1226 |
| (C)(1) The offender shall pay reimbursements imposed upon
the | 1227 |
|
offender pursuant to division (A)(3) of this section to pay
the | 1228 |
|
costs incurred by a county pursuant to any sanction imposed
under | 1229 |
|
this section
or section 2929.26
or 2929.27 of the Revised
Code
or | 1230 |
|
in operating a facility used to
confine offenders pursuant
to a | 1231 |
|
sanction imposed under section 2929.26 of
the Revised Code to
the | 1232 |
|
county treasurer. The county
treasurer shall deposit the | 1233 |
|
reimbursements in the county's general fund.
The county shall use | 1234 |
|
the
amounts
deposited in the fund to pay the
costs incurred by the | 1235 |
|
county
pursuant to any sanction imposed
under this section or | 1236 |
|
section
2929.26 or 2929.27 of the Revised
Code or in
operating a | 1237 |
|
facility
used to confine offenders pursuant
to a sanction imposed | 1238 |
|
under
section 2929.26 of the Revised Code. | 1239 |
| (2) The offender shall pay reimbursements imposed upon the | 1240 |
|
offender pursuant to division (A)(3) of this section to pay the | 1241 |
|
costs incurred by a municipal corporation pursuant to any sanction | 1242 |
|
imposed under this section or section 2929.26 or 2929.27 of the | 1243 |
|
Revised Code or in operating a
facility used to confine offenders | 1244 |
|
pursuant to a sanction imposed under
section 2929.26 of the | 1245 |
|
Revised Code to the treasurer of the
municipal corporation. The | 1246 |
|
treasurer shall deposit the reimbursements in the municipal | 1247 |
|
corporation's general fund. The municipal corporation
shall use | 1248 |
|
the amounts
deposited in the fund to pay the costs
incurred by the | 1249 |
|
municipal
corporation pursuant to any sanction
imposed under this | 1250 |
|
section or
section 2929.26 or 2929.27 of the
Revised Code or in | 1251 |
|
operating a
facility used to confine offenders pursuant to a | 1252 |
|
sanction imposed
under
section 2929.26 of the Revised Code. | 1253 |
| (D) Except as otherwise provided in this division, a | 1258 |
|
financial
sanction imposed under division (A) of this section is a | 1259 |
|
judgment
in favor of the state or the political subdivision that | 1260 |
|
operates the court
that imposed the
financial sanction, and the | 1261 |
|
offender subject to the financial sanction is the judgment debtor. | 1262 |
|
A
financial sanction of reimbursement imposed
pursuant to division | 1263 |
|
(A)(3)(a)(i) of this
section upon an
offender is a judgment in | 1264 |
|
favor of the entity administering the community
control sanction, | 1265 |
|
and the offender subject to the financial sanction is the judgment | 1266 |
|
debtor.
A financial sanction of
reimbursement imposed pursuant to | 1267 |
|
division
(A)(3)(a)(ii) of this
section upon an offender confined | 1268 |
|
in
a jail
or other residential facility is a
judgment in favor of | 1269 |
|
the
entity
operating the jail or other residential facility, and | 1270 |
|
the offender subject to the financial sanction is the judgment | 1271 |
|
debtor. A
financial
sanction of restitution
imposed pursuant to | 1272 |
|
division
(A)(1) of
this section is an order
in favor of the victim | 1273 |
|
of the
offender's criminal act that can be collected through | 1274 |
|
execution as described in division (D)(1) of this section or | 1275 |
|
through an order as described in division (D)(2) of this section | 1276 |
|
and the offender shall be considered for purposes of the | 1277 |
|
collection as the judgment debtor. | 1278 |
| (2) Permit payment of all or any portion of the sanction in | 1302 |
|
installments, by financial transaction device if the court is a | 1303 |
|
county court or a municipal court operated by a county, by credit | 1304 |
|
or debit card or by another electronic
transfer if the court is a | 1305 |
|
municipal court not operated by a county,
or by any other | 1306 |
|
reasonable method, in any time, and on
any terms
that court | 1307 |
|
considers just, except that the maximum time
permitted
for payment | 1308 |
|
shall not exceed five years. If the court is a county court or a | 1309 |
|
municipal court operated by a county, the acceptance of payments | 1310 |
|
by any financial transaction device shall be governed by the | 1311 |
|
policy adopted by the board of county commissioners of the county | 1312 |
|
pursuant to section 301.28 of the Revised Code. If the court is a | 1313 |
|
municipal court not operated by a county, the clerk may
pay any | 1314 |
|
fee associated with processing an electronic transfer out
of | 1315 |
|
public money or may charge the fee to the offender. | 1316 |
| (2) Whenever in any case it is necessary to prove a prior | 1341 |
|
conviction of an offense for which the registrar of motor vehicles | 1342 |
|
maintains a record, a certified copy of the record that shows the | 1343 |
|
name, date of birth, and social security number of the accused is | 1344 |
|
prima-facie evidence of the identity of the accused and | 1345 |
|
prima-facie evidence of all prior convictions shown on the record. | 1346 |
|
The accused may offer evidence to rebut the prima-facie evidence | 1347 |
|
of the accused's identity and the evidence of prior convictions. | 1348 |
|
Proof of a prior conviction of an offense for which the registrar | 1349 |
|
maintains a record may also be proved as provided in division | 1350 |
|
(B)(1) of this section. | 1351 |
| Sec. 4503.231.
(A) No motor vehicle registered in the name | 1356 |
|
of
a person whose certificate of registration and identification | 1357 |
|
license plates have been impounded as provided by division
(B)(1) | 1358 |
|
of section 4507.02 of the Revised Code, and no vehicle that may be | 1359 |
|
operated pursuant to an immobilization waiver order issued | 1360 |
|
pursuant to section 4503.235 of the Revised Code, shall be | 1361 |
|
operated
on any
highway in this state unless it displays
| 1362 |
|
restricted license
plates
that are a
different color from
those | 1363 |
|
regularly issued and
carry
a special
serial number that may
be | 1364 |
|
readily identified by
law
enforcement
officers. The registrar
of | 1365 |
|
motor vehicles shall
designate the
color and serial number to
be | 1366 |
|
used on
restricted
license
plates, which shall remain
the same | 1367 |
|
from
year to year and
shall
not be displayed on any other motor | 1368 |
|
vehicles. | 1369 |
| (B) If a person has been granted
limited driving privileges | 1378 |
|
with a condition of the privileges
being that the person must | 1379 |
|
display on the vehicle that is driven
under the privileges | 1380 |
|
restricted license plates that are described
in this section, the | 1381 |
|
person may operate a motor vehicle that is owned by the person's | 1382 |
|
employer only if the
person is
required to operate that motor | 1383 |
|
vehicle in the course and
scope of the
person's employment. Such a | 1384 |
|
person may operate that
vehicle without
displaying on that vehicle | 1385 |
|
restricted license
plates that are
issued under this section if | 1386 |
|
the employer has been
notified that
the person has limited driving | 1387 |
|
privileges and of the
nature of the
restriction and if the person | 1388 |
|
has proof of the
employer's notification in the
person's | 1389 |
|
possession
while operating
the employer's vehicle for normal | 1390 |
|
business duties. A motor
vehicle owned by a
business that is | 1391 |
|
partly or entirely owned or
controlled by the
person with the | 1392 |
|
limited driving privileges is
not a motor vehicle
owned by an | 1393 |
|
employer, for purposes of this
division. | 1394 |
Sec. 4503.233. (A)(1)
If a court ordersis required to order | 1397 |
|
the
immobilization of
a
vehicle for a specified period of time | 1398 |
|
pursuant to
section
4510.11,
4510.14,
4510.16, 4510.161,
4510.41, | 1399 |
|
4511.19,
4511.193,
or
4511.203
of the Revised Code, the court, | 1400 |
|
subject to section 4503.235 of the Revised Code,
shall issue
the | 1401 |
|
immobilization
order
in
accordance with this division and for
the | 1402 |
|
period of time
specified
in the particular
section, and
the | 1403 |
|
immobilization
under
the order shall be in accordance with this | 1404 |
|
section. The court, at
the time of sentencing the offender for
the | 1405 |
|
offense relative to
which the immobilization order is issued
or as | 1406 |
|
soon thereafter as
is practicable, shall give a copy of the
order | 1407 |
|
to the offender or
the offender's counsel. The court
promptly | 1408 |
|
shall send a copy of
the
order
to the registrar on a form | 1409 |
|
prescribed
by the registrar
and
to the
person or agency it | 1410 |
|
designates to execute the
order. | 1411 |
| (5) The registrar shall deposit the immobilization fee
into | 1461 |
|
the law
enforcement reimbursement fund created by section
4501.19 | 1462 |
|
of the Revised
Code. Money in the fund shall be expended
only as | 1463 |
|
provided in division
(A)(5) of this section. If the
court | 1464 |
|
designated in the
order a court bailiff or another
appropriate | 1465 |
|
person other than a
law enforcement officer to
immobilize the | 1466 |
|
vehicle, the amount of the
fee deposited into the
law enforcement | 1467 |
|
reimbursement fund shall
be paid out to the county
treasury if the | 1468 |
|
court that issued the order
is a county court, to
the treasury of | 1469 |
|
the municipal corporation
served by the court if
the court that | 1470 |
|
issued the order is a
mayor's court, or to the city
treasury of | 1471 |
|
the legislative
authority of the court, both as
defined in section | 1472 |
|
1901.03 of the
Revised Code, if the court that
issued the order is | 1473 |
|
a municipal
court. If the court designated a
law enforcement | 1474 |
|
agency to
immobilize the vehicle and if the law
enforcement agency | 1475 |
|
immobilizes the
vehicle, the amount of the fee
deposited into the | 1476 |
|
law enforcement
reimbursement fund shall be
paid out to the law | 1477 |
|
enforcement agency
to reimburse the agency for
the costs it incurs | 1478 |
|
in
obtaining immobilization equipment and, if
required, in sending | 1479 |
|
an officer or other person to search for and
locate the vehicle | 1480 |
|
specified in the immobilization order and to
immobilize the | 1481 |
|
vehicle. | 1482 |
| (B) If a court issues an immobilization
order under division | 1487 |
|
(A)(1) of this section, the person or
agency designated by the | 1488 |
|
court to execute the immobilization order
promptly shall | 1489 |
|
immobilize or continue the immobilization of the
vehicle at the | 1490 |
|
place specified by the court in the order. The registrar shall
not | 1491 |
|
authorize the release of the vehicle or authorize the
issuance
of | 1492 |
|
new
identification license plates for the vehicle at
the
end of | 1493 |
|
the immobilization period until the immobilization
fee
has been | 1494 |
|
paid. | 1495 |
| (C) Upon receipt of the license plates for a vehicle under | 1496 |
|
this section, the
registrar shall destroy the license plates. At | 1497 |
|
the end
of the immobilization period and upon the payment of the | 1498 |
|
immobilization fee
that must be paid under this section, the | 1499 |
|
registrar shall authorize the
release of the vehicle
and authorize | 1500 |
|
the issuance, upon the payment of the same fee as
is required for | 1501 |
|
the replacement of lost, mutilated, or destroyed
license plates | 1502 |
|
and certificates of registration,
of new license plates and, if | 1503 |
|
necessary, a new
certificate of registration to the
offender for | 1504 |
|
the vehicle
in question. | 1505 |
| (D)(1) If a court issues an immobilization order under | 1506 |
|
division (A) of this
section, the immobilization period
commences | 1507 |
|
on the day on which the vehicle in question is
immobilized. If
the | 1508 |
|
vehicle in question had been seized under section
4510.41
or | 1509 |
|
4511.195 of the Revised Code, the time between the
seizure and the | 1510 |
|
beginning of the immobilization period shall be
credited
against | 1511 |
|
the immobilization period
specified in the
immobilization order | 1512 |
|
issued under
division (A) of this section.
No
vehicle that is
| 1513 |
|
immobilized
under this section is
eligible to have
restricted | 1514 |
|
license plates
under section 4503.231 of the Revised Code issued | 1515 |
|
for
that vehicle. | 1516 |
| (2) If a court issues an immobilization order under division | 1517 |
|
(A) of this
section, if the vehicle
subject to the order is | 1518 |
|
immobilized under the order, and if the
vehicle is found being | 1519 |
|
operated upon any street or highway of
this state during the | 1520 |
|
immobilization period, it
shall be seized, removed from the street | 1521 |
|
or highway, and criminally
forfeited, and disposed of pursuant to | 1522 |
|
section
4503.234 of the Revised Code. No vehicle that is
forfeited | 1523 |
|
under
this provision shall be considered contraband for
purposes | 1524 |
|
of
Chapter 2981. of the Revised
Code, but
shall be held by the law | 1525 |
|
enforcement agency that employs
the
officer who seized it for | 1526 |
|
disposal in accordance with section
4503.234 of the Revised Code. | 1527 |
| (3) If a court issues an immobilization order under division | 1528 |
|
(A) of this
section, and if the vehicle is not
claimed within | 1529 |
|
seven days after the end of the period of
immobilization or if the
| 1530 |
|
offender has not paid the
immobilization fee, the
person or agency | 1531 |
|
that immobilized
the vehicle shall send a written
notice to the
| 1532 |
|
offender at the
offender's last
known address informing
the
| 1533 |
|
offender
of the date on which the period of
immobilization
ended, | 1534 |
|
that the
offender has twenty days
after the date of the
notice
to | 1535 |
|
pay the immobilization fee and
obtain the release of the
vehicle, | 1536 |
|
and that if
the
offender does not pay the
fee and obtain the | 1537 |
|
release of the vehicle within that twenty-day
period, the vehicle | 1538 |
|
will be forfeited under section 4503.234 of
the Revised
Code to | 1539 |
|
the entity that is entitled to the
immobilization fee. | 1540 |
| (4) An
offender whose motor vehicle
is
subject to an | 1541 |
|
immobilization order issued under division (A)
of
this section | 1542 |
|
shall not sell the motor vehicle without approval
of
the court | 1543 |
|
that issued the order. If such an
offender wishes
to sell the | 1544 |
|
motor vehicle during the
immobilization
period, the
offender
shall | 1545 |
|
apply to the court that
issued the
immobilization order for | 1546 |
|
permission to assign the title to the
vehicle. If the court
is | 1547 |
|
satisfied that the sale will be in good
faith and not for the | 1548 |
|
purpose of
circumventing the provisions of
division (A)(1) of this | 1549 |
|
section, it may certify its consent to
the
offender and to
the | 1550 |
|
registrar. Upon
receipt of the
court's consent, the registrar | 1551 |
|
shall enter the court's notice
in
the
offender's vehicle license | 1552 |
|
plate registration
record. | 1553 |
| If, during a period of immobilization under an immobilization | 1554 |
|
order issued
under division (A) of this section, the title to the | 1555 |
|
immobilized motor
vehicle is transferred by the foreclosure of a | 1556 |
|
chattel mortgage, a sale upon execution, the cancellation of a | 1557 |
|
conditional sales contract, or an order of a court, the involved | 1558 |
|
court shall notify the registrar of the
action, and the registrar | 1559 |
|
shall enter the court's notice in the
offender's
vehicle
license | 1560 |
|
plate registration record. | 1561 |
| (5) If the title to a motor vehicle that is subject to an | 1566 |
|
immobilization order under division (A) of this
section is | 1567 |
|
assigned or transferred without court approval between
the time of | 1568 |
|
arrest of the
offender who committed the offense for which such
an | 1569 |
|
order is to
be issued
and the time of the actual immobilization
of | 1570 |
|
the
vehicle, the court
shall order that, for a period of two
years | 1571 |
|
from the date of the
order, neither the registrar nor any
deputy | 1572 |
|
registrar shall
accept an application for the registration
of any | 1573 |
|
motor vehicle
in the name of the
offender whose
vehicle
was | 1574 |
|
assigned or
transferred without court approval.
The court
shall | 1575 |
|
notify the
registrar of the order on a form
prescribed by
the | 1576 |
|
registrar for
that purpose. | 1577 |
| (6) If the title to a motor vehicle that is subject to an | 1578 |
|
immobilization order under division (A) of this section is | 1579 |
|
assigned or transferred without court approval in violation of | 1580 |
|
division (D)(4) of this section, then, in addition to or | 1581 |
|
independent of any other penalty established by law, the court may | 1582 |
|
fine the offender the value of the vehicle as determined by | 1583 |
|
publications of the national auto dealers association. The | 1584 |
|
proceeds from any fine so imposed shall be distributed in the same | 1585 |
|
manner as the proceeds of the sale of a forfeited vehicle are | 1586 |
|
distributed pursuant to division (C)(2) of section 4503.234 of the | 1587 |
|
Revised Code. | 1588 |
| (E)(1) The court with jurisdiction over the case, after | 1589 |
|
notice to all interested parties including lienholders, and after | 1590 |
|
an opportunity for them to be heard, if the
offender
fails
to | 1591 |
|
appear in person, without good cause, or if the court
finds
that | 1592 |
|
the
offender does not intend to seek
release
of the
vehicle at
the | 1593 |
|
end of the period of immobilization
or that the
offender is
not or | 1594 |
|
will not be able to
pay the
expenses and
charges incurred
in its | 1595 |
|
removal and storage,
may order that title
to the vehicle be | 1596 |
|
transferred, in order of
priority, first into
the name of the | 1597 |
|
entity entitled to the
immobilization fee under
division (A)(5) of | 1598 |
|
this section, next
into the name of a
lienholder, or lastly, into | 1599 |
|
the name of the
owner of the place of
storage. | 1600 |
| A lienholder that receives title under a
court order shall do | 1601 |
|
so on the condition that it pay any expenses or
charges incurred | 1602 |
|
in the vehicle's removal and storage. If the entity that
receives | 1603 |
|
title to the vehicle is the entity that is entitled to the | 1604 |
|
immobilization fee under division (A)(5) of this section,
it
shall | 1605 |
|
receive title on the condition that it pay any lien on the | 1606 |
|
vehicle.
The court shall not order that title be transferred to | 1607 |
|
any person or entity
other than the owner of the place of storage | 1608 |
|
if the person or
entity refuses to receive the title. Any person | 1609 |
|
or entity that
receives title may either keep title to the vehicle | 1610 |
|
or may
dispose of the vehicle in any legal manner that it | 1611 |
|
considers
appropriate, including assignment of the certificate of | 1612 |
|
title to
the motor vehicle to a salvage dealer or a scrap metal | 1613 |
|
processing
facility. The person or entity shall not transfer
the | 1614 |
|
vehicle to the person who is the vehicle's
immediate previous | 1615 |
|
owner. | 1616 |
| If the person or entity assigns the motor vehicle to a | 1617 |
|
salvage dealer or
scrap
metal processing facility, the person or | 1618 |
|
entity shall send the assigned
certificate of title to the motor | 1619 |
|
vehicle to the clerk of the court of common
pleas of the county in | 1620 |
|
which the salvage dealer or scrap metal processing
facility is | 1621 |
|
located. The person or entity shall mark the face of the | 1622 |
|
certificate of title with the words "FOR DESTRUCTION" and shall | 1623 |
|
deliver a photocopy of the certificate of title to the salvage | 1624 |
|
dealer or scrap
metal processing facility for its records. | 1625 |
| (2) Whenever a court issues an order under division (E)(1)
of | 1626 |
|
this
section, the court also shall order removal of the license | 1627 |
|
plates
from the vehicle and cause them to be sent to the registrar | 1628 |
|
if
they have not already been sent to the registrar. Thereafter, | 1629 |
|
no further
proceedings shall take place under this section, but | 1630 |
|
the
offender remains liable for payment of the
immobilization fee | 1631 |
|
described in division (A)(3) of this section
if an
immobilization | 1632 |
|
order previously had been issued by the
court. | 1633 |
| (3) Prior to initiating a proceeding under division (E)(1)
of | 1634 |
|
this section, and upon payment of the fee under division (B) of | 1635 |
|
section
4505.14 of the Revised Code, any interested party may | 1636 |
|
cause
a search to be made of the public records of the bureau of | 1637 |
|
motor vehicles or the clerk of the court of common pleas, to | 1638 |
|
ascertain the identity of any lienholder of the vehicle. The | 1639 |
|
initiating party shall furnish this information to the clerk of | 1640 |
|
the court with jurisdiction over the case,
and the clerk shall | 1641 |
|
provide notice
to the vehicle owner, the defendant, any | 1642 |
|
lienholder, and any
other interested parties listed by the | 1643 |
|
initiating party, at the
last known address supplied by the | 1644 |
|
initiating party, by certified
mail or, at the option of the | 1645 |
|
initiating party, by personal
service or ordinary mail. | 1646 |
| Sec. 4503.235. (A) If division (G) of section 4511.19 or | 1652 |
|
division (B) of section 4511.193 of the Revised Code requires a | 1653 |
|
court, as part of the sentence of an offender who is convicted of | 1654 |
|
or
pleads guilty to a violation of division (A) of section | 1655 |
|
4511.19 of
the Revised Code or as a sanction for an offender who | 1656 |
|
is convicted of
or pleaded guilty to a violation of a municipal | 1657 |
|
OVI ordinance, to
order the immobilization of a vehicle for a | 1658 |
|
specified period of
time, notwithstanding the requirement, the | 1659 |
|
court in its discretion
may determine not to order the | 1660 |
|
immobilization of the vehicle if
both of the following apply: | 1661 |
| (B) If a court pursuant to division (A) of this section | 1675 |
|
determines not to order the immobilization of a vehicle that | 1676 |
|
otherwise would be required pursuant to division (G) of section | 1677 |
|
4511.19 or division (B) of section 4511.193 of the Revised Code, | 1678 |
|
the court shall issue an order that waives the immobilization that | 1679 |
|
otherwise would be required pursuant to either of those divisions. | 1680 |
|
The immobilization waiver order shall be in effect for the period | 1681 |
|
of time for which the immobilization of the vehicle otherwise | 1682 |
|
would have been required under division (G) of section 4511.19 or | 1683 |
|
division (B) of section 4511.193 of the Revised Code if the | 1684 |
|
immobilization waiver order had not been issued, subject to | 1685 |
|
division (D) of this section. The immobilization waiver order | 1686 |
|
shall specify the period of time for which it is in effect. The | 1687 |
|
court shall provide a copy of an immobilization waiver order to | 1688 |
|
the offender and to the family or household member of the | 1689 |
|
offender who filed the motion requesting that the immobilization | 1690 |
|
order not be issued and shall place a copy of the immobilization | 1691 |
|
waiver order in the record in the case. The court shall impose an | 1692 |
|
immobilization waiver fee in the amount of fifty dollars. The | 1693 |
|
court shall determine whether the fee is to be paid by the | 1694 |
|
offender or by the family or household member. The clerk of the | 1695 |
|
court shall deposit the fee in the state treasury to the credit of | 1696 |
|
the indigent drivers alcohol treatment fund, created under | 1697 |
|
division (F) of section 4511.191 of the Revised Code. | 1698 |
| (C) If a court pursuant to division (B) of this section | 1699 |
|
issues an immobilization waiver order, the order shall identify | 1700 |
|
the family or household member who requested the order and the | 1701 |
|
vehicle to which the order applies, shall identify the family or | 1702 |
|
household members who are permitted to operate the vehicle, and | 1703 |
|
shall
identify the offender and specify that the offender is not | 1704 |
|
permitted to operate the vehicle. The immobilization waiver order | 1705 |
|
shall require that the family or household member display on the | 1706 |
|
vehicle to which the order
applies restricted license plates that | 1707 |
|
are issued under section
4503.231 of the Revised Code for the | 1708 |
|
entire period for which the
immobilization of the vehicle | 1709 |
|
otherwise would have been required
under division (G) of section | 1710 |
|
4511.19 or division (B) of section
4511.193 of the Revised Code | 1711 |
|
if the immobilization waiver order
had not been issued. | 1712 |
| (1) The court that issued the immobilization waiver order | 1720 |
|
shall terminate that order and shall issue an immobilization order | 1721 |
|
in accordance with section 4503.233 of the Revised Code that | 1722 |
|
applies to the vehicle, and the immobilization order shall be in | 1723 |
|
effect for the remaining period of time for which the | 1724 |
|
immobilization of the vehicle otherwise would have been required | 1725 |
|
under division (G) of section 4511.19 or division (B) of section | 1726 |
|
4511.193 of the Revised Code if the immobilization waiver order | 1727 |
|
had not been issued. | 1728 |
Sec. 4510.13. (A)(1) Divisions (A)(2) to (7)(9) of this | 1739 |
|
section
apply to a judge or mayor
regarding the suspension of, or | 1740 |
|
the
grant of limited driving privileges
during a suspension of, | 1741 |
|
an
offender's driver's or
commercial driver's license or permit or | 1742 |
|
nonresident operating
privilege imposed under division (G) or (H) | 1743 |
|
of section
4511.19 of the Revised Code, under division (B)
or (C) | 1744 |
|
of section 4511.191 of the Revised Code, or under section
4510.07 | 1745 |
|
of the Revised Code for a conviction of a violation of a
municipal | 1746 |
|
OVI ordinance. | 1747 |
| (2) No judge or mayor shall suspend the following portions
of | 1748 |
|
the
suspension of an offender's driver's or commercial driver's | 1749 |
|
license or
permit or nonresident operating privilege imposed under | 1750 |
|
division
(G) or (H) of section
4511.19 of the Revised Code or | 1751 |
|
under section 4510.07 of the Revised Code for a conviction of
a | 1752 |
|
violation of a municipal OVI ordinance, provided that division | 1753 |
|
(A)(2) of this section does not limit a court or
mayor in | 1754 |
|
crediting any period of suspension imposed pursuant to division | 1755 |
|
(B) or (C) of section 4511.191 of the Revised Code against
any | 1756 |
|
time of judicial suspension imposed pursuant to section 4511.19 or | 1757 |
|
4510.07 of the Revised Code, as described in divisions
(B)(2) and | 1758 |
|
(C)(2) of section
4511.191 of the Revised Code: | 1759 |
| (3) No judge or mayor shall grant limited driving privileges | 1776 |
|
to
an offender whose driver's or commercial driver's license or | 1777 |
|
permit or
nonresident operating privilege has been suspended under | 1778 |
|
division
(G) or (H) of section 4511.19 of the Revised Code, under | 1779 |
|
division (C) of section 4511.191 of the Revised Code, or under | 1780 |
|
section 4510.07 of the Revised Code for a municipal OVI conviction | 1781 |
|
if the offender, within the preceding six years, has been | 1782 |
|
convicted of or
pleaded guilty to three or more violations of one | 1783 |
|
or more of the Revised Code sections, municipal ordinances, | 1784 |
|
statutes
of the United States or another state, or municipal | 1785 |
|
ordinances of
a municipal corporation of another state that are | 1786 |
|
identified in
divisions (G)(2)(b) to (h) of section
2919.22 of the | 1787 |
|
Revised Code. | 1788 |
| Additionally, no judge or mayor shall grant limited driving | 1789 |
|
privileges to an offender whose driver's or commercial driver's | 1790 |
|
license
or permit or nonresident operating privilege has been | 1791 |
|
suspended under
division (B) of section 4511.191 of the Revised | 1792 |
|
Code if the
offender, within the preceding six years, has refused | 1793 |
|
three previous requests
to consent to a chemical test of the | 1794 |
|
person's whole blood, blood serum or
plasma, breath, or urine to | 1795 |
|
determine its alcohol content. | 1796 |
| (4) No judge or mayor shall grant limited driving privileges | 1797 |
|
for
employment as a driver of commercial motor vehicles to an | 1798 |
|
offender whose
driver's or commercial driver's license or permit | 1799 |
|
or nonresident
operating privilege has been suspended under | 1800 |
|
division (G) or
(H)
of section 4511.19 of the Revised Code, under | 1801 |
|
division (B) or (C)
of section 4511.191 of the Revised Code, or | 1802 |
|
under section 4510.07
of the Revised Code for a municipal OVI | 1803 |
|
conviction if the
offender is disqualified from operating a | 1804 |
|
commercial motor vehicle, or whose license or permit has been | 1805 |
|
suspended, under
section 3123.58 or 4506.16 of the
Revised Code. | 1806 |
| (a) The first fifteen days of a suspension imposed under | 1815 |
|
division
(G)(1)(a) of section 4511.19 of the Revised Code or a | 1816 |
|
comparable
length suspension imposed under section 4510.07 of the | 1817 |
|
Revised Code, or of a suspension
imposed under
division (C)(1)(a) | 1818 |
|
of section 4511.191 of the
Revised Code. On or after
the
sixteenth | 1819 |
|
day of the suspension, the court may grant limited
driving | 1820 |
|
privileges, but the court may require that the offender
shall not | 1821 |
|
exercise the privileges
unless the vehicles the offender
operates | 1822 |
|
are equipped with
immobilizing or disabling devices that
monitor | 1823 |
|
the offender's
alcohol consumption or any other type of | 1824 |
|
immobilizing or disabling
devices, except as provided in division | 1825 |
|
(C) of section 4510.43
of the Revised Code. | 1826 |
(b) The first thirtyforty-five days of a suspension imposed | 1827 |
under
division
(G)(1)(b) of section 4511.19 of the Revised Code or | 1828 |
a
comparable
length suspension imposed under section 4510.07 of | 1829 |
the
Revised Code, or of a suspension
imposed under
division | 1830 |
|
(C)(1)(b)
of section 4511.191 of the
Revised Code. On or after the | 1831 |
|
thirty-first day of
suspension, the court may grant limited | 1832 |
|
driving privileges, but the court may
require that the offender | 1833 |
|
shall not exercise the privileges
unless the vehicles the offender | 1834 |
|
operates are equipped with
immobilizing or disabling devices that | 1835 |
|
monitor the offender's
alcohol consumption or any other type of | 1836 |
|
immobilizing or disabling
devices, except as provided in division | 1837 |
|
(C) of section 4510.43
of the Revised Code. | 1838 |
| (d) The first one hundred eighty days of a suspension
imposed | 1843 |
under division (G)(1)(c) of section 4511.19 of the Revised
Code or | 1844 |
a comparable length suspension imposed under section
4510.07 of | 1845 |
the Revised Code, or of a
suspension imposed under
division | 1846 |
(C)(1)(c) of section 4511.191 of
the Revised Code. The
judgeOn or | 1847 |
|
after the first one hundred eighty days of suspension, the court | 1848 |
may
grant limited driving
privileges
on or after the one
hundred | 1849 |
eighty-first day of the suspension only if the
judge, at
the time | 1850 |
of granting the privileges, also
issues, and either of the | 1851 |
|
following applies: | 1852 |
| (i) If the underlying arrest
is alcohol-related, the
court | 1853 |
|
shall issue an order that, except as provided in division
(C) of | 1854 |
section 4510.43 of the Revised Code,prohibiting the
offender, | 1855 |
while exercising the
privileges during
the period
commencing with | 1856 |
the one hundred
eighty-first day of
suspension
and
ending with | 1857 |
the first year of
suspension, from
operating any
motor
vehicle | 1858 |
unless it is equipped
with an
immobilizing or
disabling
device | 1859 |
that monitors the
offender's
alcohol
consumption. After the | 1860 |
first
year of the
suspension, the
court
may authorize the | 1861 |
offender
to
continue
exercising the
privileges
in vehicles that | 1862 |
are not
equipped with
immobilizing or
disabling
devices that | 1863 |
monitor the
offender's
alcohol consumption,
except
as provided | 1864 |
in division (C)
of section
4510.43 of the
Revised
Code. If the | 1865 |
offender does not
petition for
limited
driving
privileges until | 1866 |
after the first year
of
suspension, the
judge
may grant limited | 1867 |
driving privileges
without
requiring the
use of
an immobilizing | 1868 |
or disabling device
that
monitors the
offender's
alcohol | 1869 |
consumption.for the
remainder of the period of
suspension the | 1870 |
|
offender shall not
exercise the privileges unless
the vehicles | 1871 |
|
the offender operates
are equipped with a certified
ignition | 1872 |
|
interlock device. | 1873 |
| (g)
The first three years of a suspension imposed under | 1916 |
|
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code | 1917 |
|
or a
comparable length suspension imposed under section 4510.07 of | 1918 |
|
the
Revised Code, or of a
suspension imposed under
division | 1919 |
(C)(1)(d)
of section 4511.191 of the
Revised Code. The
judgeOn | 1920 |
|
or after the first three years of suspension, the court may
grant | 1921 |
limited driving privileges after the first three
years of | 1922 |
suspension only if the judge, at the time of granting the | 1923 |
privileges, also issues an order, and either of the following | 1924 |
|
applies: | 1925 |
| (i) If the underlying conviction is alcohol-related, the | 1926 |
court shall issue an order thatprohibiting the offender from | 1927 |
operating any
motor vehicle, for the period of suspension | 1928 |
following the first
three years of suspension, unless the motor | 1929 |
vehicle is equipped
with an immobilizing or disabling device | 1930 |
that
monitors the
offender's alcohol
consumption, except as | 1931 |
|
provided in
division
(C) of section 4510.43
of the Revised Code, | 1932 |
|
for the remainder of
the period of suspension the offender shall | 1933 |
|
not exercise the
privileges unless the vehicles the offender | 1934 |
|
operates are equipped
with a certified ignition interlock device. | 1935 |
| (7) In any case in which a judge or mayor grants limited | 1955 |
|
driving
privileges to an offender whose driver's or commercial | 1956 |
|
driver's license
or permit or nonresident operating privilege has | 1957 |
|
been suspended under
division (G)(1)(b), (c), (d), or (e) of | 1958 |
|
section 4511.19 of the
Revised Code, under division (G)(1)(a) of | 1959 |
|
section 4511.19 of the Revised Code for a violation of division | 1960 |
|
(A)(1)(f), (g), (h), or (i) of that section, or under
section | 1961 |
|
4510.07 of the Revised Code for a
municipal OVI
conviction for | 1962 |
|
which sentence would have been imposed under division | 1963 |
|
(G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section 4511.19 of | 1964 |
|
the Revised Code had the offender been charged with and convicted | 1965 |
|
of a violation of section 4511.19 of the Revised Code instead of a | 1966 |
|
violation of the municipal OVI ordinance, the judge or mayor shall | 1967 |
|
impose as a
condition of the privileges
that the offender must | 1968 |
|
display on the
vehicle that is driven subject to the
privileges | 1969 |
|
restricted
license plates that are issued under section 4503.231 | 1970 |
|
of the
Revised Code, except
as provided in division (B) of that | 1971 |
|
section. | 1972 |
| (8) In any case in which the offender operates a motor | 1973 |
|
vehicle that is not equipped with an ignition interlock device, | 1974 |
|
circumvents the device, or tampers with the device or in any case | 1975 |
|
in which the court receives notice pursuant
to section 4510.46 of | 1976 |
|
the Revised Code that a certified ignition
interlock device | 1977 |
|
required by an order issued under division
(A)(5)(e), (f), or (g) | 1978 |
|
of this section prevented an offender from
starting a motor | 1979 |
|
vehicle, the following applies: | 1980 |
| (a) If the offender was sentenced under division (G)(1)(b) of | 1981 |
|
section 4511.19 of the Revised Code, on a first instance the court | 1982 |
|
may require the offender to
wear a monitor
that provides | 1983 |
|
continuous alcohol monitoring that is
remote. On a second | 1984 |
|
instance, the court shall require the offender to wear a monitor | 1985 |
|
that provides continuous alcohol monitoring that is remote for a | 1986 |
|
minimum of forty days. On a third instance or more, the court | 1987 |
|
shall require the offender to wear a monitor that provides | 1988 |
|
continuous alcohol monitoring that is remote for a minimum of | 1989 |
|
sixty days. | 1990 |
| (b) If the offender was sentenced under division (G)(1)(c), | 1991 |
|
(d), or (e) of section 4511.19 of the Revised Code, on a first | 1992 |
|
instance the court shall require the offender to wear a monitor | 1993 |
|
that provides continuous alcohol monitoring that is remote for a | 1994 |
|
minimum of forty days. On a second instance or more, the court | 1995 |
|
shall require the offender to wear a monitor that provides | 1996 |
|
continuous alcohol monitoring that is remote for a minimum of | 1997 |
|
sixty days. | 1998 |
| (9) In any case in which the court issues an order under | 1999 |
|
this section prohibiting an offender from exercising limited | 2000 |
|
driving privileges unless the vehicles the offender operates are | 2001 |
|
equipped with an immobilizing or disabling device, including a | 2002 |
|
certified ignition interlock device, or requires an offender to | 2003 |
|
wear a monitor that provides continuous alcohol monitoring that is | 2004 |
|
remote, the court shall impose an additional court cost of two | 2005 |
|
dollars and fifty cents upon the offender. The court shall not | 2006 |
|
waive the payment
of the two dollars and fifty cents unless the | 2007 |
|
court determines that the offender
is indigent and waives the | 2008 |
|
payment of all court costs imposed upon
the indigent offender. | 2009 |
|
The clerk of court shall retain one hundred per cent of this court | 2010 |
|
cost. The clerk of court shall
transmit one hundred per cent of | 2011 |
|
this court
cost collected during a month on the first
business | 2012 |
|
day of the following month to the state treasury to be
credited | 2013 |
|
to the state highway safety fund created under section
4501.06 of | 2014 |
|
the Revised Code, to be used by the department of
public safety | 2015 |
|
to cover costs associated with maintaining the
habitual OVI/OMWI | 2016 |
|
offender registry created under section 5502.10
of the Revised | 2017 |
|
Code. In its discretion the court may impose an additional court | 2018 |
|
cost of two dollars and fifty cents upon the offender. The clerk | 2019 |
|
of court shall retain this two dollar and fifty cent court cost, | 2020 |
|
if imposed, and shall deposit it in the court's special projects | 2021 |
|
fund that is established under division (E)(1) of section 2303.201 | 2022 |
|
or division (B)(1) of section 1901.26 of the Revised Code. | 2023 |
| (10) In any case in which the court issues an order under | 2024 |
|
this section prohibiting an offender from exercising limited | 2025 |
|
driving privileges unless the vehicles the offender operates are | 2026 |
|
equipped with an immobilizing or disabling device, including a | 2027 |
|
certified ignition interlock device, the court shall notify the | 2028 |
|
offender at the time the offender is granted limited driving | 2029 |
|
privileges that, in accordance with section 4510.46 of the Revised | 2030 |
|
Code, if the court receives notice that the device prevented the | 2031 |
|
offender from starting the motor vehicle because the device was | 2032 |
|
tampered with or circumvented or because the analysis of the | 2033 |
|
deep-lung breath sample or other method employed by the device to | 2034 |
|
measure the concentration by weight of alcohol in the offender's | 2035 |
|
breath indicated the presence of alcohol in the offender's breath | 2036 |
|
in a concentration sufficient to prevent the device from | 2037 |
|
permitting the motor vehicle to be started, the court may increase | 2038 |
|
the period of suspension of the offender's driver's or commercial | 2039 |
|
driver's license or permit or nonresident operating privilege from | 2040 |
|
that originally imposed by the court by a factor of two and may | 2041 |
|
increase the period of time during which the offender will be | 2042 |
|
prohibited from exercising any limited driving privileges granted | 2043 |
|
to the offender unless the vehicles the offender operates are | 2044 |
|
equipped with a certified ignition interlock device by a factor of | 2045 |
|
two. | 2046 |
| (B) Any person whose driver's or commercial driver's license | 2047 |
|
or
permit or nonresident operating privilege has been suspended | 2048 |
|
pursuant to
section 4511.19 or 4511.191 of the Revised Code or | 2049 |
|
under
section 4510.07 of the Revised Code for a violation of a | 2050 |
|
municipal OVI ordinance may file a petition for
limited driving | 2051 |
|
privileges during the suspension. The person shall file the | 2052 |
|
petition
in the court that has jurisdiction over the
place of | 2053 |
|
arrest. Subject to division (A) of this section, the court
may | 2054 |
|
grant the person limited driving privileges during the
period | 2055 |
|
during which the suspension otherwise would be imposed.
However, | 2056 |
|
the court shall not grant the privileges for
employment as a | 2057 |
|
driver of a commercial motor vehicle to any person
who is | 2058 |
|
disqualified from operating a commercial motor vehicle
under | 2059 |
|
section 4506.16 of the Revised Code or during any of
the
periods | 2060 |
|
prescribed by division (A) of this section. | 2061 |
| (C)(1) After a driver's or commercial driver's license or | 2062 |
|
permit
or nonresident operating privilege has been suspended | 2063 |
|
pursuant to section
2903.06, 2903.08, 2903.11, 2907.24, 2921.331, | 2064 |
|
2923.02, 2929.02, 4511.19,
4511.251, 4549.02, 4549.021, or
5743.99 | 2065 |
|
of the Revised Code, any
provision of
Chapter 2925. of the Revised | 2066 |
|
Code, or section
4510.07
of the Revised Code for a violation of a | 2067 |
|
municipal
OVI ordinance,
the judge of the
court or
mayor of the | 2068 |
|
mayor's court that
suspended the license, permit, or privilege | 2069 |
|
shall cause the
offender to deliver to the court
the license or | 2070 |
|
permit. The
judge, mayor, or clerk of the court or
mayor's court | 2071 |
|
shall
forward
to the registrar the license or permit together with | 2072 |
|
notice of the
action of the court. | 2073 |
| (2) A suspension of a commercial driver's license under any | 2074 |
|
section or chapter identified in division (C)(1) of this section | 2075 |
|
shall be concurrent with any period of suspension or | 2076 |
|
disqualification under
section 3123.58 or 4506.16 of the Revised | 2077 |
|
Code. No person
who is
disqualified for life from holding a | 2078 |
|
commercial driver's license
under
section 4506.16 of the Revised | 2079 |
|
Code shall be issued a
driver's license under this chapter during | 2080 |
|
the period for which
the commercial driver's license was suspended | 2081 |
|
under this section,
and no person whose commercial driver's | 2082 |
|
license is suspended under
any section or chapter identified in | 2083 |
|
division (C)(1) of this
section
shall be issued a driver's license | 2084 |
|
under Chapter
4507. of
the Revised Code during the period of the | 2085 |
|
suspension. | 2086 |
| (3) No judge or mayor shall suspend any class one
suspension, | 2087 |
|
or any portion of any class one suspension, imposed under section | 2088 |
|
2903.04, 2903.06, 2903.08, or 2921.331 of the Revised Code. No | 2089 |
|
judge or
mayor shall suspend the first thirty days of any class | 2090 |
|
two, class
three, class four, class five, or class six suspension | 2091 |
|
imposed
under section 2903.06, 2903.08, 2903.11, 2923.02, or | 2092 |
|
2929.02 of the Revised Code. | 2093 |
| (D) The judge of the court or mayor of the mayor's court | 2094 |
|
shall
credit any time during which an offender was subject to an | 2095 |
|
administrative
suspension of the offender's driver's or commercial | 2096 |
|
driver's license or permit or nonresident operating privilege | 2097 |
|
imposed pursuant to section 4511.191 or 4511.192 of the Revised | 2098 |
|
Code or a suspension imposed by a judge,
referee, or mayor | 2099 |
|
pursuant to division (B)(1) or (2) of
section 4511.196 of the | 2100 |
|
Revised Code against the time to be
served
under a related | 2101 |
|
suspension imposed pursuant to any section or chapter
identified | 2102 |
|
in division (C)(1) of this section. | 2103 |
| (F)(1) If a court issues an immobilizing or disabling device | 2108 |
|
order under section 4510.43 of the Revised Code, the order
shall | 2109 |
|
authorize the offender during the specified period to operate a | 2110 |
|
motor vehicle
only if it is equipped with an immobilizing or | 2111 |
|
disabling device, except as
provided in division (C) of that | 2112 |
|
section. The court
shall provide the offender with a copy of an | 2113 |
|
immobilizing or disabling
device order issued under section | 2114 |
|
4510.43 of the Revised
Code, and the offender shall use the copy | 2115 |
|
of the order
in lieu of an Ohio driver's or
commercial driver's | 2116 |
|
license or permit until the registrar or a deputy
registrar issues | 2117 |
|
the
offender a restricted license. | 2118 |
| (2) An offender may present an immobilizing or disabling | 2124 |
|
device
order to the registrar or to a deputy registrar. Upon | 2125 |
|
presentation of
the order to the registrar or a deputy registrar, | 2126 |
|
the registrar or
deputy registrar shall issue the offender a | 2127 |
|
restricted license. A
restricted license issued under this | 2128 |
|
division shall be identical
to an Ohio driver's license, except | 2129 |
|
that it shall have printed on
its face a statement that the | 2130 |
|
offender is prohibited during the period
specified in the court | 2131 |
|
order from operating any
motor vehicle that is not equipped with | 2132 |
|
an immobilizing or
disabling device. The date of commencement and | 2133 |
|
the
date of termination of the period of suspension shall be | 2134 |
|
indicated
conspicuously
upon the face of the license. | 2135 |
| Sec. 4510.43. (A)(1)
The director of public safety, upon | 2136 |
|
consultation with the director of health and in accordance with | 2137 |
|
Chapter 119. of the Revised Code,
shall certify immobilizing and | 2138 |
|
disabling devices
and, subject to section 4510.45 of the Revised | 2139 |
|
Code, shall publish and make
available to the
courts, without | 2140 |
|
charge, a list of licensed manufacturers of ignition interlock | 2141 |
|
devices and
approved devices together with
information about the | 2142 |
|
manufacturers
of the devices and where they
may be obtained. The | 2143 |
|
manufacturer of an
immobilizing or disabling
device shall pay the | 2144 |
|
cost of
obtaining the certification of the
device
to the director | 2145 |
|
of
public safety, and the director shall
deposit the payment in | 2146 |
|
the drivers'
treatment and
intervention
fund established by | 2147 |
|
sections 4511.19 and 4511.191 of
the Revised
Code. | 2148 |
| (2) The director of public safety, in accordance with
Chapter | 2149 |
|
119. of the Revised Code, shall adopt and publish rules
setting | 2150 |
|
forth the requirements for obtaining the certification of
an | 2151 |
|
immobilizing or disabling device. The director of public
safety | 2152 |
|
shall not
certify an immobilizing or disabling
device under
this | 2153 |
|
section unless it meets the requirements specified and
published | 2154 |
|
by the director in the rules adopted pursuant to this
division. A | 2155 |
|
certified device may consist of an
ignition interlock
device, an | 2156 |
|
ignition blocking device initiated
by time or magnetic
or | 2157 |
|
electronic encoding, an activity monitor,
or any other device
that | 2158 |
|
reasonably assures compliance with an
order granting limited | 2159 |
|
driving privileges. Ignition interlock devices shall be certified | 2160 |
|
annually. | 2161 |
| The requirements for an immobilizing or disabling device that | 2162 |
|
is
an ignition interlock device shall require that the | 2163 |
|
manufacturer of the device submit to the department of public | 2164 |
|
safety a certificate from an independent testing laboratory | 2165 |
|
indicating that the device meets or exceeds the standards of the | 2166 |
|
national highway traffic safety administration, as defined in | 2167 |
|
section 4511.19 of the Revised Code, that are in effect at the | 2168 |
|
time of the director's decision regarding certification of the | 2169 |
|
device, shall include provisions for
setting a
minimum and maximum | 2170 |
|
calibration range, and shall include,
but shall not
be limited to, | 2171 |
|
specifications that the device
complies with all of
the following: | 2172 |
| (4) The director of public safety shall adopt rules in | 2198 |
|
accordance
with Chapter 119. of the Revised Code for the
design of | 2199 |
|
a warning
label that shall be affixed to each immobilizing or | 2200 |
|
disabling
device upon installation. The label shall contain a | 2201 |
|
warning that
any person tampering, circumventing, or otherwise | 2202 |
|
misusing the
device is subject to a fine, imprisonment, or both | 2203 |
|
and may be
subject to civil liability. | 2204 |
| (B)
A court considering the use of a prototype device in a | 2205 |
|
pilot
program shall advise the director of public safety, thirty | 2206 |
|
days before the
use, of the prototype device and its protocol, | 2207 |
|
methodology, manufacturer, and licensor, lessor, other agent, or | 2208 |
|
owner, and the length of the court's pilot program. A prototype | 2209 |
|
device shall not be used for a violation of section 4510.14
or | 2210 |
|
4511.19 of the Revised Code, a violation of a municipal OVI | 2211 |
|
ordinance, or in relation to a
suspension
imposed under section | 2212 |
|
4511.191 of the Revised
Code. A court that
uses a prototype
device | 2213 |
|
in a pilot program,
periodically during
the existence of
the | 2214 |
|
program and within fourteen days
after
termination of the
program, | 2215 |
|
shall report in writing to the
director of
public safety
regarding | 2216 |
|
the effectiveness of the
prototype device and the
program. | 2217 |
| (C)
If a person has been
granted limited driving privileges | 2218 |
|
with a condition of the privileges being
that the motor vehicle | 2219 |
|
that is
operated under the privileges must be equipped with an | 2220 |
|
immobilizing or
disabling device, the person may operate a motor | 2221 |
|
vehicle that is owned by the person's employer only if the
person | 2222 |
|
is
required to operate that motor vehicle
in the course and
scope | 2223 |
|
of the offender's employment. Such a person may operate
that | 2224 |
|
vehicle without the installation of an immobilizing or
disabling | 2225 |
|
device, provided that the employer has been notified
that the | 2226 |
|
person has limited driving privileges and of the nature
of the | 2227 |
|
restriction and further provided that the person has proof of the | 2228 |
|
employer's
notification in the person's possession while
operating | 2229 |
|
the
employer's vehicle for normal business duties. A
motor vehicle | 2230 |
|
owned by a business that is partly or entirely owned
or controlled | 2231 |
|
by a person with limited driving privileges is
not a motor vehicle | 2232 |
|
owned by an employer, for purposes of this
division. | 2233 |
| Sec. 4510.45. (A)(1) A manufacturer of ignition interlock | 2234 |
|
devices that desires for its devices to be certified under section | 2235 |
|
4510.43 of the Revised Code and then to be included on the list of | 2236 |
|
certified devices that the department of public safety compiles | 2237 |
|
and makes available to courts pursuant to that section first shall | 2238 |
|
obtain a license from the department under this section. The | 2239 |
|
department, in accordance with Chapter 119. of the Revised Code, | 2240 |
|
shall adopt any rules that are necessary to implement this | 2241 |
|
licensing requirement. | 2242 |
| (2) A manufacturer shall apply to the department for the | 2243 |
|
license and shall include all information the department may | 2244 |
|
require by rule. Each application, including an application for | 2245 |
|
license renewal, shall be accompanied by an application fee of one | 2246 |
|
hundred dollars, which the department shall deposit into the state | 2247 |
|
treasury to the credit of the indigent drivers alcohol treatment | 2248 |
|
fund created by section 4511.191 of the Revised Code. | 2249 |
| (3) Upon receipt of a completed application, if the | 2250 |
|
department finds that a manufacturer has complied with all | 2251 |
|
application requirements, the department shall issue a license to | 2252 |
|
the manufacturer. A manufacturer that has been issued a license | 2253 |
|
under this section is eligible immediately to have the models of | 2254 |
|
ignition interlock devices it produces certified under section | 2255 |
|
4510.43 of the Revised Code and then included on the list of | 2256 |
|
certified devices that the department compiles and makes available | 2257 |
|
to courts pursuant to that section. | 2258 |
| (b) A manufacturer whose license application is rejected by | 2270 |
|
the department may appeal the decision to the director of public | 2271 |
|
safety. The director or the director's designee shall hold a | 2272 |
|
hearing on the matter not more than thirty days from the date of | 2273 |
|
the manufacturer's appeal. If the director or the director's | 2274 |
|
designee upholds the denial of the manufacturer's application for | 2275 |
|
a license, the manufacturer may appeal the decision to the | 2276 |
|
Franklin county court of common pleas. If the director or the | 2277 |
|
director's designee reverses the denial of the manufacturer's | 2278 |
|
application for a license, the director or the director's designee | 2279 |
|
shall issue a written order directing that the department issue a | 2280 |
|
license to the manufacturer. | 2281 |
| (B) Every manufacturer of ignition interlock devices that is | 2282 |
|
issued a license under this section shall file an annual report | 2283 |
|
with the department on a form the department prescribes on or | 2284 |
|
before a date the department prescribes. The annual report shall | 2285 |
|
state the amount of net profit the manufacturer earned during a | 2286 |
|
twelve-month period specified by the department that is | 2287 |
|
attributable to the sales of that manufacturer's certified | 2288 |
|
ignition interlock devices to purchasers in this state. Each | 2289 |
|
manufacturer shall pay a fee equal to five per cent of the amount | 2290 |
|
of the net profit
described in this division. | 2291 |
| (C) The department shall deposit all fees it
receives from | 2294 |
|
manufacturers under this section into the state
treasury to the | 2295 |
|
credit of the indigent drivers alcohol treatment
fund created by | 2296 |
|
section 4511.191 of the Revised Code. All money so
deposited into | 2297 |
|
that fund that is paid by the department of alcohol
and drug | 2298 |
|
addiction services to county indigent drivers alcohol
treatment | 2299 |
|
funds, county juvenile indigent drivers alcohol
treatment funds, | 2300 |
|
and municipal indigent drivers alcohol treatment
funds shall be | 2301 |
|
used only as described in division (H)(3) of
section 4511.191
of | 2302 |
|
the Revised Code. | 2303 |
| (D)(1) The director may make an assessment, based on any | 2304 |
|
information in the director's possession, against any manufacturer | 2305 |
|
that fails to file an annual report or pay the fee required by | 2306 |
|
division (B) of this section. The director, in
accordance with | 2307 |
|
Chapter 119. of the Revised Code, shall adopt
rules governing | 2308 |
|
assessments and assessment procedures and related
provisions. In | 2309 |
|
adopting these rules, the director shall
incorporate the | 2310 |
|
provisions of section 5751.09 of the Revised Code
to the greatest | 2311 |
|
extent possible, except that the director is not
required to | 2312 |
|
incorporate any provisions of that section that by
their nature | 2313 |
|
are not applicable, appropriate, or necessary to
assessments made | 2314 |
|
by the director under this section. | 2315 |
| (2) A manufacturer may appeal the final determination of the | 2316 |
|
director regarding an assessment made by the director under this | 2317 |
|
section. The director, in accordance with Chapter 119. of the | 2318 |
|
Revised Code, shall adopt rules governing such appeals. In | 2319 |
|
adopting these rules, the director shall incorporate the | 2320 |
|
provisions of section 5717.02 of the Revised Code to the greatest | 2321 |
|
extent possible, except that the director is not required to | 2322 |
|
incorporate any provisions of that section that by their nature | 2323 |
|
are not applicable, appropriate, or necessary to appeals of | 2324 |
|
assessments made by the director under this section. | 2325 |
| (E) The director, in accordance with Chapter 119. of the | 2326 |
|
Revised Code, shall adopt a penalty schedule setting forth the | 2327 |
|
monetary penalties to be imposed upon a manufacturer that is | 2328 |
|
issued a license under this section and fails to file an annual | 2329 |
|
report or pay the fee required by division (B) of this section in | 2330 |
|
a timely manner. The penalty
amounts shall not exceed the maximum | 2331 |
|
penalty amounts established
in section 5751.06 of the Revised | 2332 |
|
Code for similar or equivalent
facts or circumstances. | 2333 |
| Sec. 4510.46. (A) A governmental agency, bureau, department, | 2348 |
|
or office, or a private corporation, or any other entity that | 2349 |
|
monitors certified ignition interlock devices for or on behalf of | 2350 |
|
a court shall inform the court whenever such a device that has | 2351 |
|
been installed in a motor vehicle indicates that it has prevented | 2352 |
|
an offender whose driver's or commercial driver's license or | 2353 |
|
permit
or nonresident operating privilege has been suspended by a | 2354 |
|
court
under division (G)(1)(a), (b), (c), (d), or (e) of section | 2355 |
|
4511.19 of the Revised Code and who has been granted limited | 2356 |
|
driving privileges under section 4510.13 of the Revised Code from | 2357 |
|
starting the motor vehicle because the device was tampered with or | 2358 |
|
circumvented or because the analysis of the deep-lung
breath | 2359 |
|
sample or other method employed by the ignition interlock
device | 2360 |
|
to measure the concentration by weight of alcohol in the | 2361 |
|
offender's breath indicated the presence of alcohol in the | 2362 |
|
offender's breath in a concentration sufficient to prevent the | 2363 |
|
ignition interlock device from permitting the motor vehicle to be | 2364 |
|
started. | 2365 |
| (B) Upon receipt
of such information pertaining to an | 2366 |
|
offender whose driver's or commercial driver's license or permit | 2367 |
|
or nonresident operating privilege has been suspended by a court | 2368 |
|
under division (G)(1)(b), (c), (d), or (e) of section 4511.19 of | 2369 |
|
the Revised Code and who has been granted limited driving | 2370 |
|
privileges under section 4510.13 of the Revised Code, the court | 2371 |
|
shall
send a
notice to the offender stating
that it has | 2372 |
|
received
evidence of an
instance described in
division (A) of | 2373 |
|
this
section. If a court pursuant to division (A)(8) of section | 2374 |
|
4510.13 of the Revised Code requires the offender to wear an | 2375 |
|
alcohol monitor, the notice
shall state that
because of this | 2376 |
|
instance
the offender is
required to wear a
monitor that | 2377 |
|
provides for
continuous alcohol
monitoring in
accordance with | 2378 |
|
division (A)(8)
of section 4510.13
of the Revised
Code. The | 2379 |
|
notice
shall
further state that because
of this
instance the | 2380 |
|
court may
increase the period of suspension
of the
offender's | 2381 |
|
driver's
or commercial driver's license or
permit or | 2382 |
|
nonresident
operating
privilege from that originally
imposed by | 2383 |
|
the court
by a
factor
of two and may increase the
period of | 2384 |
|
time during
which the
offender will be prohibited from | 2385 |
|
exercising any
limited driving
privileges granted to the | 2386 |
|
offender
unless the
vehicles the
offender operates are equipped | 2387 |
|
with a
certified
ignition interlock
device by a factor of two. | 2388 |
| The notice shall state whether the court will impose these | 2389 |
|
increases and, if so, that these increases will take effect | 2390 |
|
fourteen days from the date of the notice unless the offender | 2391 |
|
files a timely motion with the court, appealing the increases in | 2392 |
|
the
time described in this division and requesting a hearing on | 2393 |
|
the
matter. Any such motion that is filed within that | 2394 |
|
fourteen-day
period shall be considered to be filed in a timely | 2395 |
|
manner, and any
such motion that is filed after that fourteen-day | 2396 |
|
period shall be
considered not to be filed in a timely manner. If | 2397 |
|
the offender
files a timely motion, the court may hold a
hearing | 2398 |
|
on the
matter. The scope of the hearing is limited to | 2399 |
|
determining whether
the offender in fact was prevented from | 2400 |
|
starting a motor vehicle
that is equipped with a certified | 2401 |
|
ignition interlock device
because the device was tampered with or | 2402 |
|
circumvented or because
the analysis of the deep-lung breath | 2403 |
|
sample or other
method
employed by the ignition interlock device | 2404 |
|
to measure the
concentration by weight of alcohol in the | 2405 |
|
offender's breath
indicated the presence of alcohol in the | 2406 |
|
offender's breath in a
concentration sufficient to prevent the | 2407 |
|
ignition interlock device
from permitting the motor vehicle to be | 2408 |
|
started. | 2409 |
| If the court finds by a preponderance of the evidence that | 2410 |
|
this instance as indicated by the ignition interlock device in | 2411 |
|
fact did occur, it may deny the offender's appeal and issue the | 2412 |
|
order increasing the relevant periods of time described in this | 2413 |
|
division. If the court finds by a preponderance of the evidence | 2414 |
|
that this instance as indicated by the ignition interlock device | 2415 |
|
in fact did not occur, it shall grant the offender's appeal and no | 2416 |
|
such order shall be issued. | 2417 |
| (C) In no case shall any period of suspension of an | 2418 |
|
offender's driver's or commercial driver's license or permit or | 2419 |
|
nonresident operating privilege that is increased by a factor of | 2420 |
|
two or any period of time during which the offender is prohibited | 2421 |
|
from exercising any limited driving privileges granted to the | 2422 |
|
offender unless the vehicles the offender operates are equipped | 2423 |
|
with a certified ignition interlock device that is increased by a | 2424 |
|
factor of two exceed the maximum period of time for which the | 2425 |
|
court originally was authorized to suspend the offender's driver's | 2426 |
|
or commercial driver's license or permit or nonresident operating | 2427 |
|
privilege under division (G)(1)(a), (b), (c), (d), or (e) of | 2428 |
|
section 4511.19 of the Revised Code. | 2429 |
| (5) A violation of division (A)(2), (3), or (4) of section | 2444 |
|
2903.06, division (A)(2) of section 2903.08, or former section | 2445 |
|
2903.07
of the Revised Code, or a municipal ordinance that is | 2446 |
|
substantially equivalent to any of
those divisions or that former | 2447 |
|
section, in a case in which a judge or jury as
the trier of fact | 2448 |
|
found that the offender was under the influence of alcohol, a drug | 2449 |
|
of
abuse, or a combination of them; | 2450 |
| (7) A violation of a municipal ordinance prohibiting a person | 2453 |
|
from operating or being in physical control of any vessel underway | 2454 |
|
or from manipulating any water skis, aquaplane, or similar device | 2455 |
|
on the waters of this state while under the influence of alcohol, | 2456 |
|
a drug of abuse, or a combination of them or prohibiting a person | 2457 |
|
from operating or being in physical control of any vessel underway | 2458 |
|
or from manipulating any water skis, aquaplane, or similar device | 2459 |
|
on the waters of this state with a prohibited concentration of | 2460 |
|
alcohol, a controlled substance, or a metabolite of a controlled | 2461 |
|
substance in the whole blood, blood serum or plasma, breath, or | 2462 |
|
urine; | 2463 |
| (C)
"Municipal OVI ordinance" and "municipal
OVI offense" | 2483 |
|
mean any
municipal ordinance prohibiting a person from operating a | 2484 |
|
vehicle while under
the influence of alcohol, a drug of abuse, or | 2485 |
|
a combination of them or
prohibiting
a person from operating a | 2486 |
|
vehicle with a prohibited concentration
of alcohol, a controlled | 2487 |
|
substance, or a metabolite of a controlled substance in the whole | 2488 |
|
blood, blood serum or plasma, breath, or
urine. | 2489 |
| (I) The person is under the influence of alcohol, a drug of | 2591 |
|
abuse, or a combination of them, and, as measured by gas | 2592 |
|
chromatography mass spectrometry, the person has a concentration | 2593 |
|
of marihuana metabolite in the person's urine of at least fifteen | 2594 |
|
nanograms of marihuana metabolite per milliliter of the person's | 2595 |
|
urine or has a concentration of marihuana metabolite in the | 2596 |
|
person's whole blood or blood serum or plasma of at least five | 2597 |
|
nanograms of marihuana metabolite per milliliter of the person's | 2598 |
|
whole blood or blood serum or plasma. | 2599 |
| (b) Subsequent to being arrested for operating the vehicle, | 2629 |
|
streetcar, or trackless trolley as described in division (A)(2)(a) | 2630 |
|
of this section, being asked by a law enforcement officer to | 2631 |
|
submit to a chemical test or tests under section 4511.191 of the | 2632 |
|
Revised Code, and being advised by the officer in accordance with | 2633 |
|
section 4511.192 of the Revised Code of the consequences of the | 2634 |
|
person's refusal or submission to the test or tests, refuse to | 2635 |
|
submit to the test or tests. | 2636 |
| (D)(1)(a) In any criminal prosecution or juvenile court | 2659 |
|
proceeding for a violation of division (A)(1)(a) of this section | 2660 |
|
or for an equivalent offense that is vehicle-related, the result | 2661 |
|
of any test of any blood
or urine withdrawn and analyzed at any | 2662 |
|
health care provider, as
defined in section 2317.02 of the | 2663 |
|
Revised Code, may be admitted
with expert testimony to be | 2664 |
|
considered with any other relevant and
competent evidence in | 2665 |
|
determining the guilt or innocence of the
defendant. | 2666 |
| (b) In any criminal prosecution or juvenile court
proceeding | 2667 |
|
for a violation of
division (A) or (B) of this section
or for an | 2668 |
|
equivalent
offense that is vehicle-related, the court may admit | 2669 |
|
evidence on the
concentration of
alcohol, drugs of abuse, | 2670 |
|
controlled substances,
metabolites of a controlled substance, or
| 2671 |
|
a combination of
them in
the
defendant's
whole blood,
blood serum | 2672 |
|
or plasma,
breath, urine,
or
other bodily
substance at the time | 2673 |
|
of the
alleged violation as
shown by
chemical analysis of the
| 2674 |
|
substance
withdrawn within
three hours of
the time of
the alleged | 2675 |
|
violation. The three-hour
time limit specified in this division | 2676 |
|
regarding the admission of
evidence does not extend or affect the | 2677 |
|
two-hour time limit
specified in division (A) of section 4511.192 | 2678 |
|
of the Revised Code
as the maximum period of time during which a | 2679 |
|
person may consent to
a chemical test or tests as described in | 2680 |
|
that section. The court
may admit evidence on the concentration | 2681 |
|
of alcohol, drugs of
abuse, or a combination of them as described | 2682 |
|
in this division when
a person submits to a blood, breath, urine, | 2683 |
|
or other bodily
substance test at the request of a
law | 2684 |
|
enforcement officer under
section 4511.191 of the
Revised
Code or | 2685 |
|
a blood or urine sample is
obtained pursuant to a search warrant. | 2686 |
|
Only a
physician, a
registered nurse, or a qualified
technician, | 2687 |
|
chemist,
or
phlebotomist shall withdraw a blood sample for
the | 2688 |
|
purpose of
determining
the
alcohol, drug, controlled substance, | 2689 |
|
metabolite of
a controlled substance, or
combination content
of | 2690 |
|
the whole
blood, blood serum,
or blood plasma.
This
limitation | 2691 |
|
does
not
apply to the taking of breath or urine
specimens. A
| 2692 |
|
person
authorized to withdraw blood under
this
division may | 2693 |
|
refuse to
withdraw blood
under this division, if in
that person's | 2694 |
|
opinion,
the physical welfare of
the person would
be
endangered | 2695 |
|
by the
withdrawing of blood. | 2696 |
| (2) In a criminal prosecution or juvenile court proceeding | 2702 |
|
for a violation of division (A) of this section
or for an | 2703 |
|
equivalent offense that is vehicle-related, if there was at the | 2704 |
|
time the
bodily substance
was
withdrawn a concentration of less | 2705 |
|
than
the
applicable
concentration of alcohol specified in | 2706 |
|
divisions (A)(1)(b), (c),
(d), and (e) of this section or less | 2707 |
|
than the applicable
concentration of a listed controlled | 2708 |
|
substance or a listed
metabolite of a controlled substance | 2709 |
|
specified for a violation of
division (A)(1)(j) of this section, | 2710 |
|
that fact
may be considered
with other
competent evidence
in | 2711 |
|
determining the guilt or
innocence of the
defendant. This
division | 2712 |
|
does not limit or
affect
a criminal
prosecution or
juvenile court | 2713 |
|
proceeding for a
violation of
division (B) of this
section or
for | 2714 |
|
an equivalent
offense that
is
substantially
equivalent to
that | 2715 |
|
division. | 2716 |
| If the chemical test was obtained pursuant to division | 2721 |
|
(D)(1)(b) of this section, the person tested may have a physician, | 2722 |
|
a registered nurse,
or a qualified technician, chemist,
or | 2723 |
|
phlebotomist of the
person's own
choosing administer a chemical | 2724 |
|
test or tests,
at the
person's
expense, in addition to any | 2725 |
|
administered at the request
of a
law enforcement
officer.
The
form | 2726 |
|
to be read to the person
to be tested, as required
under
section | 2727 |
|
4511.192 of the Revised
Code, shall state that the person
may have | 2728 |
|
an
independent test
performed at the person's expense.
The failure | 2729 |
|
or
inability to
obtain an additional
chemical test by
a person | 2730 |
|
shall not preclude
the admission of
evidence relating to
the | 2731 |
|
chemical test or tests
taken at the
request of a
law
enforcement | 2732 |
|
officer. | 2733 |
| (b) In any criminal prosecution or juvenile court proceeding | 2739 |
|
for a violation of division (A) or (B) of this section, of a | 2740 |
|
municipal ordinance relating to operating a vehicle while under | 2741 |
|
the influence of alcohol, a drug of abuse, or alcohol and a drug | 2742 |
|
of abuse, or of a municipal ordinance relating to operating a | 2743 |
|
vehicle with a prohibited concentration of alcohol, a controlled | 2744 |
|
substance, or a metabolite of a controlled substance in the whole | 2745 |
|
blood,
blood serum or plasma, breath, or urine, if a law | 2746 |
|
enforcement officer has administered a
field sobriety test to the | 2747 |
|
operator of the vehicle involved in the
violation and if it is | 2748 |
|
shown by clear and convincing evidence that
the officer | 2749 |
|
administered the test in substantial
compliance with
the testing | 2750 |
|
standards for any reliable, credible,
and generally
accepted field | 2751 |
|
sobriety
tests that were in effect at
the time the
tests were | 2752 |
|
administered, including, but not limited
to, any
testing standards | 2753 |
|
then in effect that were set by the
national
highway traffic | 2754 |
|
safety administration, all
of the
following apply: | 2755 |
| (E)(1)
Subject to division (E)(3) of
this section,
in any | 2774 |
|
criminal prosecution or juvenile court proceeding for a
violation | 2775 |
|
of
division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) | 2776 |
|
or
(B)(1), (2), (3), or
(4) of this
section or for an equivalent | 2777 |
|
offense that is substantially equivalent to any
of those | 2778 |
|
divisions, a laboratory report from any
laboratory
personnel | 2779 |
|
issued a permit by the department of health authorizing an | 2780 |
|
analysis as described in this division that
contains an analysis | 2781 |
|
of
the whole blood, blood serum or plasma,
breath, urine, or other | 2782 |
|
bodily substance tested and that contains
all of the information | 2783 |
|
specified in this division shall be
admitted as prima-facie | 2784 |
|
evidence of the information and statements
that the report | 2785 |
|
contains. The laboratory report shall contain all
of the | 2786 |
|
following: | 2787 |
| (2) Notwithstanding any other provision of law regarding the | 2805 |
|
admission of
evidence, a report of the type described
in division | 2806 |
|
(E)(1) of this section is not admissible against the
defendant to | 2807 |
|
whom
it pertains in any proceeding, other than a preliminary | 2808 |
|
hearing or a grand
jury proceeding, unless the prosecutor
has | 2809 |
|
served a
copy of the report on the defendant's attorney or, if the | 2810 |
|
defendant has no attorney, on the defendant. | 2811 |
| (3) A report of the type described in division (E)(1) of
this | 2812 |
|
section shall not be prima-facie evidence of the contents, | 2813 |
|
identity, or amount
of any substance if, within seven days after | 2814 |
|
the
defendant to whom the report pertains or the defendant's | 2815 |
|
attorney
receives a copy of the report, the defendant or the | 2816 |
|
defendant's
attorney demands the testimony of the person who | 2817 |
|
signed the
report. The judge in the case may extend the seven-day | 2818 |
|
time limit
in the interest of justice. | 2819 |
| (F) Except as otherwise provided in this division, any | 2820 |
|
physician, registered nurse, or qualified
technician, chemist,
or | 2821 |
|
phlebotomist who
withdraws blood from a person pursuant
to this | 2822 |
|
section or section 4511.191 or 4511.192 of the Revised Code, and | 2823 |
|
any hospital, first-aid station, or clinic
at which
blood is | 2824 |
|
withdrawn from a person pursuant to this
section or section | 2825 |
|
4511.191 or 4511.192 of the Revised Code, is
immune from criminal | 2826 |
|
liability and
civil
liability
based upon a
claim of assault and | 2827 |
|
battery or
any other
claim that is not
a
claim
of malpractice, for | 2828 |
|
any
act performed in withdrawing blood
from
the person.
The | 2829 |
|
immunity
provided in this division is not
available to a
person | 2830 |
|
who
withdraws blood if the person engages in
willful or wanton | 2831 |
|
misconduct. | 2832 |
| (G)(1) Whoever violates any provision of divisions
(A)(1)(a) | 2833 |
|
to
(i) or (A)(2) of this section is
guilty of
operating a vehicle | 2834 |
|
under the
influence of alcohol, a drug of abuse, or a
combination | 2835 |
|
of them.
Whoever violates division (A)(1)(j) of this section is | 2836 |
|
guilty of operating a vehicle while under the influence of a | 2837 |
|
listed controlled substance or a listed metabolite of a controlled | 2838 |
|
substance. The court shall sentence the offender for either | 2839 |
|
offense under
Chapter 2929. of the
Revised Code, except as | 2840 |
|
otherwise
authorized or required by
divisions (G)(1)(a)
to (e)
of | 2841 |
|
this section: | 2842 |
| (i)
If the sentence is being imposed for a violation of | 2847 |
|
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 2848 |
|
mandatory jail term
of three consecutive days. As used in
this | 2849 |
|
division, three consecutive days means seventy-two consecutive | 2850 |
|
hours.
The court
may sentence an offender to both an
intervention | 2851 |
|
program and a jail term. The court may impose a jail
term in | 2852 |
|
addition to the three-day mandatory jail term or intervention | 2853 |
|
program. However,
in no case shall the cumulative jail term | 2854 |
|
imposed for the offense
exceed six months. | 2855 |
| The court may suspend the execution of the
three-day jail | 2856 |
|
term under this division if the court, in lieu of that
suspended | 2857 |
|
term, places the offender under a community control sanction | 2858 |
|
pursuant to section 2929.25 of the Revised Code and requires the | 2859 |
|
offender
to
attend, for three consecutive days, a
drivers' | 2860 |
|
intervention
program certified under section 3793.10 of the | 2861 |
|
Revised Code.
The
court also may suspend the execution of any | 2862 |
|
part of the
three-day
jail term under this division if it places | 2863 |
|
the offender under a community control sanction pursuant to | 2864 |
|
section 2929.25 of the Revised Code for part of the three days, | 2865 |
|
requires the offender to
attend for the suspended part of the term | 2866 |
|
a drivers' intervention
program so certified, and sentences the | 2867 |
|
offender to a jail term
equal to the remainder of the three | 2868 |
|
consecutive days that the
offender does not spend attending the | 2869 |
|
program. The court may
require the offender, as a condition of | 2870 |
|
community control and in addition
to the required attendance at a | 2871 |
|
drivers' intervention program, to
attend and satisfactorily | 2872 |
|
complete any treatment or education
programs that comply with the | 2873 |
|
minimum standards adopted pursuant
to Chapter 3793. of the Revised | 2874 |
|
Code by the director of alcohol
and drug addiction services that | 2875 |
|
the operators of the drivers'
intervention program determine that | 2876 |
|
the offender should attend and
to report periodically to the court | 2877 |
|
on the offender's progress in
the programs. The court also may | 2878 |
|
impose on the offender any other
conditions of community control | 2879 |
|
that it considers necessary. | 2880 |
| (ii)
If the sentence is being imposed for a violation of | 2881 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 2882 |
|
section, except as
otherwise provided in
this division, a | 2883 |
|
mandatory jail term of at
least three consecutive
days and a | 2884 |
|
requirement that the offender
attend, for three
consecutive days, | 2885 |
|
a drivers' intervention
program that is
certified pursuant to | 2886 |
|
section 3793.10 of the
Revised Code. As
used in this division, | 2887 |
|
three consecutive days
means seventy-two consecutive
hours. If the | 2888 |
|
court determines that
the offender is not
conducive to treatment | 2889 |
|
in a drivers'
intervention program, if the
offender refuses to | 2890 |
|
attend a drivers'
intervention program, or if the jail at
which | 2891 |
|
the offender is to
serve the jail term imposed can provide a | 2892 |
|
driver's intervention
program, the court shall sentence the | 2893 |
|
offender to a mandatory jail
term of at least six consecutive | 2894 |
|
days. | 2895 |
| The court may require the offender, under a community control | 2896 |
|
sanction imposed under section 2929.25 of the Revised Code,
to | 2897 |
|
attend and satisfactorily complete any treatment or
education | 2898 |
|
programs that comply with the minimum standards adopted
pursuant | 2899 |
|
to
Chapter 3793. of the Revised Code by the director of
alcohol | 2900 |
|
and drug addiction services, in addition to the required | 2901 |
|
attendance at
drivers' intervention program, that the operators of | 2902 |
|
the drivers' intervention
program determine that
the offender | 2903 |
|
should attend and to report periodically to the court
on the | 2904 |
|
offender's progress in the programs. The court also may
impose
any | 2905 |
|
other conditions of community control on the offender that it | 2906 |
|
considers necessary. | 2907 |
| (i)
If the sentence is being imposed for a violation of | 2923 |
|
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 2924 |
|
mandatory jail term
of ten consecutive days. The court
shall | 2925 |
|
impose the ten-day mandatory jail term under this division unless, | 2926 |
|
subject to division (G)(3) of this section, it instead
imposes a | 2927 |
|
sentence under that division consisting of both a jail term and a | 2928 |
|
term of
house arrest with electronic monitoring, with continuous | 2929 |
|
alcohol monitoring, or with both electronic monitoring and | 2930 |
|
continuous alcohol monitoring. The court may
impose a
jail term in | 2931 |
|
addition to the
ten-day mandatory jail term.
The
cumulative jail | 2932 |
|
term imposed for the offense shall not exceed
six
months. | 2933 |
| In addition to the jail term or the term of house arrest with | 2934 |
|
electronic monitoring or continuous alcohol monitoring or both | 2935 |
types of monitoring and jail term, the court mayshall require the | 2936 |
offender
to attend a drivers' interventionbe assessed by an | 2937 |
alcohol and drug treatment program that is
certified pursuant to | 2938 |
authorized by
section 3793.103793.02 of the Revised Code, subject | 2939 |
|
to division (I) of this section, and shall order the offender to | 2940 |
follow the treatment recommendations of the program. If the | 2941 |
operator of the
program determines that the offender is alcohol | 2942 |
dependent, theThe purpose of the assessment is to determine the | 2943 |
|
degree of the offender's alcohol usage and to determine whether or | 2944 |
|
not treatment is warranted. Upon the request of the court, the | 2945 |
program shall notify the court,
and, subject to
division (I) of | 2946 |
this section, the court shall
order the offender
to obtain | 2947 |
treatment through
an alcohol and drug
addiction program
authorized | 2948 |
by section 3793.02 of the Revised
Codesubmit the results of the | 2949 |
|
assessment to the court, including
all treatment recommendations | 2950 |
|
and clinical diagnoses related to
alcohol use. | 2951 |
| (ii)
If the sentence is being imposed for a violation of | 2952 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 2953 |
|
section, except as
otherwise provided in
this division, a | 2954 |
|
mandatory jail term of
twenty consecutive days. The court
shall | 2955 |
|
impose the twenty-day
mandatory jail term under
this division | 2956 |
|
unless, subject to
division (G)(3) of this section,
it instead | 2957 |
|
imposes a sentence
under that division
consisting of both a jail | 2958 |
|
term and a term of
house arrest with electronic monitoring, with | 2959 |
|
continuous alcohol monitoring, or with both electronic monitoring | 2960 |
|
and continuous alcohol monitoring. The court may impose a
jail | 2961 |
|
term in
addition to the twenty-day
mandatory jail term. The | 2962 |
|
cumulative
jail term imposed for the offense shall
not exceed six | 2963 |
|
months. | 2964 |
| In addition to the jail term or the term of house arrest with | 2965 |
|
electronic monitoring or continuous alcohol monitoring or both | 2966 |
types of monitoring and jail term, the court mayshall require the | 2967 |
offender
to attend a driver's interventionbe assessed by an | 2968 |
alcohol and drug treatment program that is
certified pursuant to | 2969 |
authorized by
section 3793.103793.02 of the Revised Code, subject | 2970 |
|
to division (I) of this section, and shall order the offender to | 2971 |
follow the treatment recommendations of the program. If the | 2972 |
operator of the
program determines that the offender is alcohol | 2973 |
dependent, theThe purpose of the assessment is to determine the | 2974 |
|
degree of the offender's alcohol usage and to determine whether or | 2975 |
|
not treatment is warranted. Upon the request of the court, the | 2976 |
program shall notify the court,
and, subject to
division (I) of | 2977 |
this section, the court shall
order the offender
to obtain | 2978 |
treatment through an alcohol and drug
addiction program | 2979 |
authorized
by section 3793.02 of the Revised
Codesubmit the | 2980 |
|
results of the assessment to the court, including
all treatment | 2981 |
|
recommendations and clinical diagnoses related to
alcohol use. | 2982 |
| (iv)
In all cases, a class four license suspension of the | 2987 |
|
offender's driver's
license, commercial driver's license, | 2988 |
|
temporary instruction permit,
probationary license, or nonresident | 2989 |
|
operating privilege from the range
specified in division (A)(4) of | 2990 |
|
section 4510.02 of
the Revised Code. The court may grant limited | 2991 |
|
driving
privileges relative to the suspension under sections | 2992 |
|
4510.021 and 4510.13 of
the Revised Code. | 2993 |
| (i)
If the sentence is being imposed for a violation of | 3005 |
|
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 3006 |
|
mandatory jail term
of thirty consecutive days. The court
shall | 3007 |
|
impose the thirty-day mandatory jail term under this division | 3008 |
|
unless, subject to division (G)(3) of this section, it
instead | 3009 |
|
imposes a sentence under that division consisting of both a jail | 3010 |
|
term and a term of
house arrest with electronic monitoring, with | 3011 |
|
continuous alcohol monitoring, or with both electronic monitoring | 3012 |
|
and continuous alcohol monitoring. The
court may impose a
jail | 3013 |
|
term in addition to the
thirty-day
mandatory jail term. | 3014 |
|
Notwithstanding the jail terms
set
forth in sections 2929.21 to | 3015 |
|
2929.28 of the Revised Code, the additional
jail
term shall not | 3016 |
|
exceed one year, and the cumulative jail term
imposed
for the | 3017 |
|
offense shall not exceed
one year. | 3018 |
| (ii)
If the sentence is being imposed for a violation of | 3019 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 3020 |
|
section, a mandatory
jail term of
sixty
consecutive days. The | 3021 |
|
court shall impose the
sixty-day mandatory jail
term under this | 3022 |
|
division unless, subject
to division (G)(3)
of this section, it | 3023 |
|
instead imposes a sentence
under that division
consisting of both | 3024 |
|
a jail term
and a term of
house arrest with electronic monitoring, | 3025 |
|
with continuous alcohol monitoring, or with both electronic | 3026 |
|
monitoring and continuous alcohol monitoring. The court may impose | 3027 |
|
a
jail term in
addition to the sixty-day mandatory jail term.
| 3028 |
|
Notwithstanding
the jail terms set forth in sections 2929.21 to | 3029 |
|
2929.28 of the
Revised Code, the additional jail term shall
not | 3030 |
|
exceed one year,
and the cumulative jail term imposed for the | 3031 |
|
offense
shall not
exceed one year. | 3032 |
| (iv)
In all cases, a class three license suspension of the | 3037 |
|
offender's driver's
license, commercial driver's license, | 3038 |
|
temporary instruction permit,
probationary license, or nonresident | 3039 |
|
operating privilege from the range
specified in division (A)(3) of | 3040 |
|
section 4510.02 of the
Revised Code. The court may grant limited | 3041 |
|
driving
privileges
relative to the suspension under sections | 3042 |
|
4510.021 and 4510.13 of the
Revised Code. | 3043 |
(vi)
In all cases, participationthe court shall order the | 3050 |
|
offender to participate in an alcohol and drug
addiction
program | 3051 |
|
authorized by section
3793.02 of the Revised
Code, subject to | 3052 |
|
division (I) of this
section, and shall order the offender to | 3053 |
|
follow the treatment recommendations of the program. The operator | 3054 |
|
of the
program shall determine and assess the degree of the | 3055 |
|
offender's
alcohol dependency and shall make recommendations for | 3056 |
|
treatment. Upon the request of the court, the program shall submit | 3057 |
|
the results of the assessment to the court, including all | 3058 |
|
treatment recommendations and clinical diagnoses related to | 3059 |
|
alcohol use. | 3060 |
| (d)
Except as otherwise provided in division
(G)(1)(e)
of | 3061 |
|
this section, an offender who, within six
years of the offense, | 3062 |
|
previously has been
convicted of or pleaded guilty to three or
| 3063 |
|
four violations of division
(A) or (B) of this section or other | 3064 |
|
equivalent offenses or an offender who, within twenty years of the | 3065 |
|
offense, previously has been convicted of or pleaded guilty to | 3066 |
|
five or more violations of that nature is
guilty of a felony of | 3067 |
|
the fourth degree.
The court shall
sentence the offender to all of | 3068 |
|
the following: | 3069 |
| (i)
If the sentence is being imposed for a violation of | 3070 |
|
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 3071 |
|
mandatory prison term of one, two, three, four, or five years as | 3072 |
|
required by and in accordance with division (G)(2) of section | 3073 |
|
2929.13 of the Revised Code if the offender also is convicted of | 3074 |
|
or also pleads guilty to a specification of the type described in | 3075 |
|
section 2941.1413 of the Revised Code or, in the
discretion of
the | 3076 |
|
court, either a mandatory term of local
incarceration of sixty | 3077 |
|
consecutive
days in accordance with
division (G)(1) of section | 3078 |
|
2929.13 of the Revised Code or a
mandatory prison term of sixty | 3079 |
|
consecutive days in
accordance
with division (G)(2) of that | 3080 |
|
section if the offender is not convicted of and does not plead | 3081 |
|
guilty to a specification of that type. If the
court
imposes a | 3082 |
|
mandatory term of local incarceration, it may impose a
jail
term | 3083 |
|
in addition to the sixty-day mandatory term, the
cumulative total | 3084 |
|
of the mandatory
term and the jail term for the
offense
shall not | 3085 |
|
exceed one year, and, except as provided in division (A)(1) of | 3086 |
|
section 2929.13 of the Revised Code, no prison term is
authorized | 3087 |
|
for the
offense. If the court imposes a mandatory
prison term, | 3088 |
|
notwithstanding
division (A)(4) of section 2929.14 of
the Revised | 3089 |
|
Code, it also may sentence the offender to a definite
prison term | 3090 |
|
that shall be not less than six months and not more
than thirty | 3091 |
|
months and the
prison terms shall be imposed as described
in | 3092 |
|
division (G)(2) of
section 2929.13 of the Revised Code. If the | 3093 |
|
court imposes a mandatory prison term or mandatory prison term and | 3094 |
|
additional prison term, in addition to the term or terms so | 3095 |
|
imposed, the court also may sentence the offender to a community | 3096 |
|
control sanction for the offense, but the offender shall serve all | 3097 |
|
of the prison terms so imposed prior to serving the community | 3098 |
|
control sanction. | 3099 |
| (ii)
If the sentence is being imposed for a violation of | 3100 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 3101 |
|
section, a mandatory prison term of one, two, three, four, or five | 3102 |
|
years as required by and in accordance with division (G)(2) of | 3103 |
|
section 2929.13 of the Revised Code if the offender also is | 3104 |
|
convicted of or also pleads guilty to a specification of the type | 3105 |
|
described in section 2941.1413 of the Revised Code or, in the | 3106 |
|
discretion of the
court, either a mandatory term of local | 3107 |
|
incarceration of one
hundred twenty consecutive days in accordance | 3108 |
|
with division (G)(1)
of section 2929.13 of the Revised Code or a | 3109 |
|
mandatory prison
term of one hundred twenty consecutive days in | 3110 |
|
accordance with division
(G)(2) of that section if the offender is | 3111 |
|
not convicted of and does not plead guilty to a specification of | 3112 |
|
that type. If the court
imposes a mandatory
term of local | 3113 |
|
incarceration, it may impose a
jail term in addition to the one | 3114 |
|
hundred twenty-day mandatory
term, the cumulative total of the | 3115 |
|
mandatory term
and the jail term
for
the offense shall not exceed | 3116 |
|
one year, and, except as provided in division (A)(1) of section | 3117 |
|
2929.13 of the Revised Code, no prison term is
authorized for the | 3118 |
|
offense. If the court imposes a mandatory
prison term, | 3119 |
|
notwithstanding division (A)(4) of section 2929.14 of
the Revised | 3120 |
|
Code,
it also may sentence the offender to a definite
prison term | 3121 |
|
that shall be not
less than six months and not more
than thirty | 3122 |
|
months and the prison terms shall
be imposed as described
in | 3123 |
|
division (G)(2) of section 2929.13 of the Revised Code. If the | 3124 |
|
court imposes a mandatory prison term or mandatory prison term and | 3125 |
|
additional prison term, in addition to the term or terms so | 3126 |
|
imposed, the court also may sentence the offender to a community | 3127 |
|
control sanction for the offense, but the offender shall serve all | 3128 |
|
of the prison terms so imposed prior to serving the community | 3129 |
|
control sanction. | 3130 |
| (iv)
In all cases, a class two license suspension of the | 3134 |
|
offender's driver's
license, commercial driver's license, | 3135 |
|
temporary instruction permit,
probationary license, or nonresident | 3136 |
|
operating privilege from the range
specified in division (A)(2) of | 3137 |
|
section 4510.02 of the
Revised Code. The court may grant limited | 3138 |
|
driving
privileges
relative to the suspension under sections | 3139 |
|
4510.021 and 4510.13 of the
Revised Code. | 3140 |
(vi)
In all cases, participationthe court shall order the | 3147 |
|
offender to participate in an alcohol and drug
addiction
program | 3148 |
|
authorized by section 3793.02 of the Revised
Code, subject to | 3149 |
|
division (I) of this section, and shall order the offender to | 3150 |
|
follow the treatment recommendations of the program. The operator | 3151 |
|
of the
program shall determine and assess the degree of the | 3152 |
|
offender's
alcohol dependency and shall make recommendations for | 3153 |
|
treatment. Upon the request of the court, the program shall submit | 3154 |
|
the results of the assessment to the court, including all | 3155 |
|
treatment recommendations and clinical diagnoses related to | 3156 |
|
alcohol use. | 3157 |
| (i)
If the offender is being sentenced for a violation of | 3170 |
|
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 3171 |
|
mandatory prison term of one, two, three, four, or five years as | 3172 |
|
required by and in accordance with division (G)(2) of section | 3173 |
|
2929.13 of the Revised Code if the offender also is convicted of | 3174 |
|
or also pleads guilty to a specification of the type described in | 3175 |
|
section 2941.1413 of the Revised Code or a
mandatory
prison term | 3176 |
|
of sixty consecutive days in
accordance with
division (G)(2) of | 3177 |
|
section 2929.13 of the Revised Code if the offender is not | 3178 |
|
convicted of and does not plead guilty to a specification of that | 3179 |
|
type. The court
may impose a prison term in
addition to the | 3180 |
|
mandatory
prison term. The cumulative
total of
a sixty-day | 3181 |
|
mandatory prison term
and the additional prison term for the | 3182 |
|
offense shall
not exceed
five years. In addition to the mandatory | 3183 |
|
prison term or mandatory prison term and additional prison term | 3184 |
|
the court imposes, the court also may sentence the offender to a | 3185 |
|
community
control sanction for the
offense, but the offender | 3186 |
|
shall serve all of the prison terms so imposed prior to serving | 3187 |
|
the community control sanction. | 3188 |
| (ii)
If the sentence is being imposed for a violation of | 3189 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 3190 |
|
section, a mandatory prison term of one, two, three, four, or five | 3191 |
|
years as required by and in accordance with division (G)(2) of | 3192 |
|
section 2929.13 of the Revised Code if the offender also is | 3193 |
|
convicted of or also pleads guilty to a specification of the type | 3194 |
|
described in section 2941.1413 of the Revised Code or a mandatory | 3195 |
|
prison term of
one
hundred twenty consecutive days in accordance | 3196 |
|
with division (G)(2)
of section 2929.13 of the Revised Code if the | 3197 |
|
offender is not convicted of and does not plead guilty to a | 3198 |
|
specification of that type. The
court may
impose a prison term in | 3199 |
|
addition to the mandatory
prison term. The cumulative total of a | 3200 |
|
one hundred twenty-day
mandatory prison term and
the additional | 3201 |
|
prison term for the
offense shall not exceed five
years. In | 3202 |
|
addition to the mandatory prison term or mandatory prison term and | 3203 |
|
additional prison term the court imposes, the court also may | 3204 |
|
sentence the offender to a community
control sanction for the | 3205 |
|
offense, but the offender shall serve all of the prison terms so | 3206 |
|
imposed prior to serving the community control sanction. | 3207 |
| (iv)
In all cases, a class two license suspension of the | 3211 |
|
offender's driver's
license, commercial driver's license, | 3212 |
|
temporary instruction permit,
probationary license, or nonresident | 3213 |
|
operating privilege from the range
specified in division (A)(2) of | 3214 |
|
section 4510.02 of the
Revised Code. The court may grant limited | 3215 |
|
driving
privileges
relative to the suspension under sections | 3216 |
|
4510.021 and 4510.13 of the
Revised Code. | 3217 |
(vi)
In all cases, participationthe court shall order the | 3224 |
|
offender to participate in an alcohol and drug
addiction
program | 3225 |
|
authorized by section 3793.02 of the Revised
Code,
subject to | 3226 |
|
division (I) of this section, and shall order the offender to | 3227 |
|
follow the treatment recommendations of the program. The operator | 3228 |
|
of the
program shall determine and assess the degree of the | 3229 |
|
offender's
alcohol dependency and shall make recommendations for | 3230 |
|
treatment. Upon the request of the court, the program shall submit | 3231 |
|
the results of the assessment to the court, including all | 3232 |
|
treatment recommendations and clinical diagnoses related to | 3233 |
|
alcohol use. | 3234 |
| (3) If an offender is sentenced to a jail term under
division | 3242 |
|
(G)(1)(b)(i)
or (ii)
or
(G)(1)(c)(i)
or (ii)
of this
section and | 3243 |
|
if,
within sixty days of
sentencing of the offender,
the court | 3244 |
|
issues a written finding on the record
that, due to the | 3245 |
|
unavailability of space at the
jail where the offender is required | 3246 |
|
to serve the term, the offender will not
be able to begin serving | 3247 |
|
that term within the
sixty-day period following the date of | 3248 |
|
sentencing, the court may
impose an alternative sentence under | 3249 |
|
this division that includes a
term of house arrest with electronic | 3250 |
|
monitoring, with continuous alcohol monitoring, or with both | 3251 |
|
electronic monitoring and continuous alcohol monitoring. | 3252 |
| As an alternative to a mandatory jail term of ten consecutive | 3253 |
|
days
required by division (G)(1)(b)(i) of this
section, the court, | 3254 |
|
under this division, may sentence the
offender to five consecutive | 3255 |
|
days in jail and not less than eighteen consecutive days of house | 3256 |
|
arrest with electronic monitoring, with continuous alcohol | 3257 |
|
monitoring, or with both electronic monitoring and continuous | 3258 |
|
alcohol monitoring. The cumulative total of
the five consecutive | 3259 |
|
days in
jail and the period of house arrest with electronic | 3260 |
|
monitoring, continuous alcohol monitoring, or both types of | 3261 |
|
monitoring shall
not exceed six months. The five
consecutive days | 3262 |
|
in jail do not
have to be served prior to or
consecutively to the | 3263 |
|
period of house
arrest. | 3264 |
| As an alternative to the mandatory jail term of twenty | 3265 |
|
consecutive
days required by division (G)(1)(b)(ii)
of
this | 3266 |
|
section, the
court, under this division, may sentence the offender | 3267 |
|
to ten consecutive days
in jail and not less than thirty-six | 3268 |
|
consecutive days of
house arrest with electronic monitoring, with | 3269 |
|
continuous alcohol monitoring, or with both electronic monitoring | 3270 |
|
and continuous alcohol monitoring. The
cumulative total of the ten | 3271 |
|
consecutive days in
jail and the
period of house arrest with | 3272 |
|
electronic monitoring, continuous alcohol monitoring, or both | 3273 |
|
types of monitoring shall
not exceed
six months. The ten | 3274 |
|
consecutive days in jail do not
have to be
served prior to or | 3275 |
|
consecutively to the period of house
arrest. | 3276 |
| As an alternative to a mandatory jail term of thirty | 3277 |
|
consecutive
days required by division (G)(1)(c)(i) of
this | 3278 |
|
section, the court,
under this division, may sentence the offender | 3279 |
|
to fifteen consecutive days in
jail and not less than fifty-five | 3280 |
|
consecutive days of house arrest with electronic monitoring, with | 3281 |
|
continuous alcohol monitoring, or with both electronic monitoring | 3282 |
|
and continuous alcohol monitoring. The
cumulative total of the | 3283 |
|
fifteen
consecutive days in jail and the
period of house arrest | 3284 |
|
with electronic monitoring, continuous alcohol monitoring, or both | 3285 |
|
types of monitoring shall not exceed
one year. The fifteen | 3286 |
|
consecutive days in jail
do not have to be
served prior to or | 3287 |
|
consecutively to the period of house arrest. | 3288 |
| As an alternative to the mandatory jail term of sixty | 3289 |
|
consecutive
days required by division (G)(1)(c)(ii)
of
this | 3290 |
|
section, the
court, under this division, may sentence the offender | 3291 |
|
to thirty
consecutive days in jail and not less than one hundred | 3292 |
|
ten
consecutive days of house arrest with electronic monitoring, | 3293 |
|
with continuous alcohol monitoring, or with both electronic | 3294 |
|
monitoring and continuous alcohol monitoring.
The
cumulative total | 3295 |
|
of the thirty consecutive days in jail and
the
period of house | 3296 |
|
arrest with electronic monitoring, continuous alcohol monitoring, | 3297 |
|
or both types of monitoring shall not
exceed
one year. The thirty | 3298 |
|
consecutive days in jail do not have
to be
served prior to or | 3299 |
|
consecutively to the period of house
arrest. | 3300 |
| (4) If an offender's driver's or occupational driver's | 3301 |
|
license or
permit or nonresident operating privilege is suspended | 3302 |
|
under division
(G) of this
section and if section 4510.13 of the | 3303 |
|
Revised Code permits the
court to grant limited driving | 3304 |
|
privileges, the court may
grant the limited driving privileges
in | 3305 |
|
accordance with that section. If division (A)(7) of that section | 3306 |
|
requires that the court impose as a condition of the
privileges | 3307 |
|
that the
offender must display on the vehicle that is
driven | 3308 |
|
subject to the privileges
restricted license plates that
are | 3309 |
|
issued under section 4503.231 of the Revised Code, except
as | 3310 |
|
provided in division (B) of that section, the court shall impose | 3311 |
|
that condition as one of the conditions of the limited driving | 3312 |
|
privileges granted to the offender, except as provided in division | 3313 |
|
(B) of section 4503.231 of the Revised Code. | 3314 |
| (a)
Twenty-five dollars of the fine imposed under division | 3317 |
|
(G)(1)(a)(iii), thirty-five
dollars of the fine imposed under | 3318 |
|
division
(G)(1)(b)(iii), one
hundred twenty-three dollars of the | 3319 |
|
fine imposed under division
(G)(1)(c)(iii),
and two hundred
ten | 3320 |
|
dollars of the fine imposed under division
(G)(1)(d)(iii) or | 3321 |
|
(e)(iii)
of this section shall be paid to an enforcement
and | 3322 |
|
education fund established by the legislative authority of the law | 3323 |
|
enforcement
agency in this state that primarily was responsible | 3324 |
|
for the arrest of the
offender, as determined by the court that | 3325 |
|
imposes the fine. The agency shall
use this share to pay only | 3326 |
|
those costs it incurs in
enforcing this section or a municipal OVI | 3327 |
|
ordinance
and in informing the public of the laws governing the | 3328 |
|
operation of
a vehicle while under the influence of alcohol, the | 3329 |
|
dangers of
the operation of a vehicle under the influence of | 3330 |
|
alcohol, and other
information relating to the operation of a | 3331 |
|
vehicle under the influence of
alcohol and the consumption of | 3332 |
|
alcoholic beverages. | 3333 |
| (b)
Fifty dollars of the fine imposed under division | 3334 |
|
(G)(1)(a)(iii)
of
this section shall be paid to the political | 3335 |
|
subdivision that pays the cost of
housing the offender during the | 3336 |
|
offender's term of incarceration. If the
offender is being | 3337 |
|
sentenced for a violation of division (A)(1)(a), (b), (c), (d), | 3338 |
|
(e), or (j) of this section and was confined as a result of the | 3339 |
|
offense
prior to being
sentenced for the offense but is not | 3340 |
|
sentenced to a
term of incarceration, the
fifty dollars shall
be | 3341 |
|
paid to the
political subdivision that paid the cost of housing | 3342 |
|
the offender
during that period of confinement. The political | 3343 |
|
subdivision
shall use the share under this division to pay or | 3344 |
|
reimburse
incarceration or treatment costs it incurs in housing or | 3345 |
|
providing
drug and alcohol treatment to persons who violate this | 3346 |
|
section or
a municipal OVI ordinance, costs of any immobilizing or | 3347 |
|
disabling
device used on the offender's vehicle, and costs of | 3348 |
|
electronic
house
arrest equipment
needed for persons who violate | 3349 |
|
this
section. | 3350 |
| (d)
One hundred fifteen dollars of the fine imposed under | 3358 |
|
division
(G)(1)(b)(iii),
two hundred seventy-seven
dollars of the | 3359 |
|
fine imposed under division
(G)(1)(c)(iii),
and four hundred forty | 3360 |
|
dollars of the fine imposed under division
(G)(1)(d)(iii) or | 3361 |
|
(e)(iii)
of this section shall be paid to the political | 3362 |
|
subdivision
that pays the cost of housing the offender during the | 3363 |
|
offender's term of
incarceration. The political subdivision shall | 3364 |
|
use
this share to pay or reimburse incarceration or treatment | 3365 |
|
costs it incurs in
housing or providing drug and alcohol treatment | 3366 |
|
to persons who
violate this section or a municipal OVI ordinance, | 3367 |
|
costs for any
immobilizing or disabling device used on the | 3368 |
|
offender's vehicle, and costs of electronic house arrest equipment | 3369 |
|
needed for
persons who violate this section. | 3370 |
| (e) Fifty dollars of the fine imposed under (G)(1)(a)(iii), | 3371 |
|
(G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii), and (G)(1)(e)(iii) | 3372 |
|
of this section shall be deposited into the special projects fund | 3373 |
|
of the court in which the offender was convicted and that is | 3374 |
|
established under division (E)(1) of section 2303.201 or division | 3375 |
|
(B)(1) of section 1901.26 of the Revised Code, to be used | 3376 |
|
exclusively to cover the cost of immobilizing or disabling | 3377 |
|
devices, including certified ignition interlock devices, and | 3378 |
|
remote alcohol monitoring devices for indigent offenders who are | 3379 |
|
required by a judge to use either of these devices. If the county | 3380 |
|
or municipal corporation in which the offender was convicted does | 3381 |
|
not have a special projects fund that is established under | 3382 |
|
division (E)(1) of section 2303.201 or division (B)(1) of section | 3383 |
|
1901.26 of the Revised Code, the fifty dollars shall be deposited | 3384 |
|
into the indigent drivers
interlock and alcohol monitoring fund | 3385 |
|
under division (I) of
section 4511.191 of the Revised Code. | 3386 |
(e)(f)
Seventy-five dollars of the fine imposed under | 3387 |
|
division
(G)(1)(a)(iii), one hundred twenty-five dollars of the | 3388 |
|
fine
imposed under division (G)(1)(b)(iii), two hundred fifty | 3389 |
|
dollars
of the fine imposed under division (G)(1)(c)(iii), and | 3390 |
|
five
hundred dollars of the fine imposed under division | 3391 |
|
(G)(1)(d)(iii)
or (e)(iii) of this section shall be transmitted | 3392 |
|
to the treasurer
of state for deposit into the indigent defense | 3393 |
|
support fund
established under section 120.08 of the Revised | 3394 |
|
Code. | 3395 |
| (6) If title to a motor vehicle that is subject to an order | 3399 |
|
of criminal forfeiture under division (G)(1)(c), (d), or (e) of | 3400 |
|
this section is assigned or transferred and division (B)(2) or (3) | 3401 |
|
of section 4503.234 of the Revised Code applies, in addition to or | 3402 |
|
independent of any other penalty established by law, the court may | 3403 |
|
fine the offender the value of the vehicle as determined by | 3404 |
|
publications of the national auto dealers association. The | 3405 |
|
proceeds of any fine so imposed shall be distributed in accordance | 3406 |
|
with division (C)(2) of that section. | 3407 |
| (1) Except as otherwise provided in division (H)(2) of this | 3415 |
|
section, the offender is guilty of a misdemeanor of the fourth | 3416 |
|
degree. In
addition to any other sanction imposed for the
offense, | 3417 |
|
the court shall impose a class six suspension of the
offender's | 3418 |
|
driver's license, commercial driver's license,
temporary | 3419 |
|
instruction permit,
probationary license, or nonresident
operating | 3420 |
|
privilege from the range
specified in division (A)(6) of
section | 3421 |
|
4510.02 of the Revised Code. | 3422 |
| (2) If, within one year of the offense, the offender | 3423 |
|
previously
has been convicted of or pleaded guilty to one or more | 3424 |
|
violations of
division (A) or (B) of this section or other | 3425 |
|
equivalent
offenses, the
offender is guilty of a
misdemeanor of | 3426 |
|
the third degree. In addition to any
other
sanction imposed
for | 3427 |
|
the offense, the court shall impose a class
four suspension of the | 3428 |
|
offender's driver's license, commercial
driver's license, | 3429 |
|
temporary
instruction permit, probationary
license, or nonresident | 3430 |
|
operating privilege
from the range
specified in division (A)(4) of | 3431 |
|
section 4510.02 of the Revised
Code. | 3432 |
| (2) Any person who operates a vehicle, streetcar, or | 3492 |
|
trackless trolley upon
a highway or any public or private property | 3493 |
|
used by the public
for vehicular travel or parking within this | 3494 |
|
state
or who is in physical control of a vehicle,
streetcar, or | 3495 |
|
trackless trolley shall be deemed
to have given
consent to a | 3496 |
|
chemical test or tests of the
person's
whole blood,
blood serum or | 3497 |
|
plasma, breath, or urine
to
determine the alcohol,
drug of abuse, | 3498 |
|
controlled substance, metabolite of a controlled substance, or
| 3499 |
|
combination
content of the
person's
whole blood,
blood serum
or | 3500 |
|
plasma,
breath, or urine
if
arrested
for
a
violation of
division | 3501 |
|
(A) or
(B) of
section 4511.19 of the Revised
Code,
section | 3502 |
|
4511.194 of
the
Revised Code or a substantially equivalent | 3503 |
|
municipal ordinance, or a municipal OVI
ordinance. | 3504 |
| (3) The chemical test or tests
under division (A)(2) of this | 3505 |
|
section shall be
administered at the request of a
law
enforcement | 3506 |
|
officer having reasonable
grounds to believe the
person
was | 3507 |
|
operating
or in physical control of a
vehicle,
streetcar, or | 3508 |
|
trackless trolley in
violation of a division,
section, or | 3509 |
|
ordinance identified in
division (A)(2) of this
section. The law | 3510 |
|
enforcement agency by
which the
officer is
employed shall | 3511 |
|
designate which of the tests
shall be
administered. | 3512 |
| (5)(a) If a law enforcement officer arrests a person for a | 3518 |
|
violation of division (A) or (B) of section 4511.19 of the Revised | 3519 |
|
Code, section 4511.194 of the Revised Code or a substantially | 3520 |
|
equivalent municipal ordinance, or a municipal OVI ordinance and | 3521 |
|
if the person if convicted would be required to be sentenced under | 3522 |
|
division (G)(1)(c), (d),
or (e) of section
4511.19 of the | 3523 |
|
Revised
Code, the law
enforcement officer shall request the | 3524 |
|
person to
submit, and the
person shall submit, to a chemical | 3525 |
|
test or tests
of the person's
whole blood, blood serum or | 3526 |
|
plasma, breath, or
urine for the
purpose of determining the | 3527 |
|
alcohol, drug of abuse,
controlled
substance, metabolite of a | 3528 |
|
controlled substance, or
combination
content of the person's | 3529 |
|
whole blood, blood serum or
plasma,
breath, or urine. A law | 3530 |
|
enforcement officer who makes a
request
pursuant to this | 3531 |
|
division that a person submit to a
chemical test
or tests shall | 3532 |
|
advise the person at the time of
the arrest that if the person | 3533 |
|
refuses to take a chemical test the
officer may employ whatever | 3534 |
|
reasonable means are necessary to
ensure that the person submits | 3535 |
|
to a chemical test of the person's
whole blood or blood serum or | 3536 |
|
plasma. The officer shall also
advise the person at the time of | 3537 |
|
the arrest that the person may
have an independent chemical test | 3538 |
|
taken at the person's own
expense. Divisions (A)(3) and (4) of | 3539 |
|
this section apply to the
administration of a chemical test or | 3540 |
|
tests pursuant to this
division. | 3541 |
| (b) If a person refuses to submit to a chemical test upon a | 3542 |
|
request made pursuant to division (A)(5)(a) of this section, the | 3543 |
|
law enforcement officer who made the request may employ whatever | 3544 |
|
reasonable means are necessary to ensure that the person submits | 3545 |
|
to a chemical test of the person's whole blood or blood serum or | 3546 |
|
plasma. A law enforcement officer who acts pursuant to this | 3547 |
|
division to ensure that a person submits to a chemical test of the | 3548 |
|
person's whole blood or blood serum or plasma is immune from | 3549 |
|
criminal and civil liability based upon a claim for assault and | 3550 |
|
battery or any other claim for the acts, unless the officer so | 3551 |
|
acted with malicious purpose, in bad faith, or in a wanton or | 3552 |
|
reckless manner. | 3553 |
| (B)(1) Upon receipt of the sworn report of
a
law
enforcement | 3554 |
|
officer
who arrested a person for a violation of
division (A) or | 3555 |
|
(B) of section 4511.19 of the Revised Code,
section 4511.194 of | 3556 |
|
the Revised Code or a substantially equivalent municipal | 3557 |
|
ordinance, or a municipal OVI ordinance
that was completed and | 3558 |
|
sent to the registrar and a court pursuant
to
section
4511.192 of | 3559 |
|
the
Revised Code in regard to a
person who
refused to take the | 3560 |
|
designated chemical test, the
registrar shall
enter into the | 3561 |
|
registrar's records the fact
that the person's
driver's or | 3562 |
|
commercial driver's license or permit or nonresident
operating | 3563 |
|
privilege was suspended by the arresting officer under
this | 3564 |
|
division and that section and the period of the
suspension,
as | 3565 |
|
determined under
this
section. The suspension shall be
subject to | 3566 |
|
appeal as
provided in
section
4511.197 of the Revised
Code. The | 3567 |
|
suspension
shall be for whichever of the
following
periods | 3568 |
|
applies: | 3569 |
| (b) If the arrested person, within
six years of the
date
on | 3575 |
|
which the person refused the request to consent to the
chemical | 3576 |
|
test,
had refused one previous request to consent to a
chemical | 3577 |
|
test or had been convicted of or pleaded guilty to one violation | 3578 |
|
of division (A) or (B) of section 4511.19 of the Revised Code or | 3579 |
|
one other equivalent offense, the
suspension
shall be
a class B | 3580 |
|
suspension imposed for
the period of time
specified in division | 3581 |
|
(B)(2) of section 4510.02
of the Revised
Code. | 3582 |
| (c) If the arrested person, within
six years of the
date
on | 3583 |
|
which the person refused the request to consent to the
chemical | 3584 |
|
test,
had refused two previous requests to consent to a
chemical | 3585 |
|
test,
had been convicted of or pleaded guilty to two violations of | 3586 |
|
division (A) or (B) of section 4511.19 of the Revised Code or | 3587 |
|
other equivalent offenses, or had refused one previous request to | 3588 |
|
consent to a chemical test and also had been convicted of or | 3589 |
|
pleaded guilty to one violation of division (A) or (B) of section | 3590 |
|
4511.19 of the Revised Code or other equivalent offenses, which | 3591 |
|
violation or offense arose from an incident other than the | 3592 |
|
incident that led to the refusal, the
suspension
shall be
a class | 3593 |
|
A suspension imposed for
the period of time
specified in division | 3594 |
|
(B)(1) of section 4510.02
of the Revised
Code. | 3595 |
| (d) If the arrested person, within
six years of the
date
on | 3596 |
|
which the person refused the request to consent to the
chemical | 3597 |
|
test,
had refused three or more previous requests to
consent to a | 3598 |
|
chemical test, had been convicted of or pleaded guilty to three or | 3599 |
|
more violations of division (A) or (B) of section 4511.19 of the | 3600 |
|
Revised Code or other equivalent offenses, or had refused a number | 3601 |
|
of previous requests to consent to a chemical test and also had | 3602 |
|
been convicted of or pleaded guilty to a number of violations of | 3603 |
|
division (A) or (B) of section 4511.19 of the Revised Code or | 3604 |
|
other equivalent offenses that cumulatively total three or more | 3605 |
|
such refusals, convictions, and guilty pleas, the
suspension
shall | 3606 |
|
be
for five
years. | 3607 |
| (2)
The registrar shall terminate a suspension of the | 3608 |
|
driver's or commercial driver's license
or permit of a resident or | 3609 |
|
of the operating privilege of a nonresident, or a
denial of a | 3610 |
|
driver's or commercial
driver's license or permit, imposed | 3611 |
|
pursuant to division (B)(1) of
this
section upon receipt of notice | 3612 |
|
that the person has entered a
plea of guilty to, or that the | 3613 |
|
person has been
convicted after entering a plea of no contest to, | 3614 |
|
operating a vehicle in violation
of section 4511.19
of
the Revised | 3615 |
|
Code or in violation of a municipal
OVI ordinance,
if the offense | 3616 |
|
for which the conviction is had or
the
plea is
entered arose from | 3617 |
|
the same incident that led to the suspension or
denial. | 3618 |
| (C)(1) Upon receipt of the sworn report of the
law | 3626 |
|
enforcement
officer
who arrested a person for a violation of | 3627 |
|
division (A) or
(B) of section 4511.19 of the Revised Code or a | 3628 |
|
municipal OVI
ordinance that was completed and sent to the | 3629 |
|
registrar and a court
pursuant
to
section
4511.192 of the Revised | 3630 |
|
Code in regard to a
person
whose test
results indicate that the | 3631 |
|
person's
whole blood,
blood
serum or
plasma, breath, or urine | 3632 |
|
contained
at least the
concentration
of
alcohol
specified in | 3633 |
|
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the | 3634 |
|
Revised Code or at least the concentration of a listed controlled | 3635 |
|
substance or a listed metabolite of a controlled substance | 3636 |
|
specified in division (A)(1)(j) of section 4511.19 of the Revised | 3637 |
|
Code, the registrar
shall
enter into the registrar's
records the | 3638 |
|
fact that the
person's
driver's or
commercial
driver's
license or | 3639 |
|
permit or
nonresident
operating privilege was
suspended
by the | 3640 |
|
arresting
officer under
this
division
and section
4511.192 of the | 3641 |
|
Revised Code and the
period of the
suspension, as
determined
under | 3642 |
divisions (F)(C)(1)(a) to
(4)(d) of this
section. The
suspension | 3643 |
|
shall be subject to appeal as
provided in
section
4511.197 of the | 3644 |
|
Revised Code. The
suspension
described in
this division does not | 3645 |
|
apply to, and shall
not be
imposed upon, a
person arrested for a | 3646 |
|
violation of section
4511.194
of the Revised
Code or a | 3647 |
|
substantially equivalent municipal ordinance who submits to a | 3648 |
|
designated chemical
test.
The
suspension
shall
be for whichever of | 3649 |
|
the following
periods
applies: | 3650 |
| (2) The registrar shall terminate a suspension of the | 3674 |
|
driver's or
commercial driver's license
or permit of a resident or | 3675 |
|
of the
operating privilege of a nonresident,
or a denial of a | 3676 |
|
driver's or
commercial driver's license or permit, imposed | 3677 |
|
pursuant to
division (C)(1) of this section
upon receipt of notice | 3678 |
|
that the
person has entered a plea of guilty to, or that the | 3679 |
|
person has
been
convicted after entering a plea of no contest to, | 3680 |
|
operating
a vehicle in violation of section 4511.19
of the Revised | 3681 |
|
Code or
in violation of a municipal OVI ordinance,
if the
offense | 3682 |
|
for which the conviction is had or the plea is
entered arose from | 3683 |
|
the same incident that led to the suspension or
denial. | 3684 |
| (D)(1) A suspension of a person's driver's or commercial | 3692 |
|
driver's license or permit or nonresident operating privilege | 3693 |
|
under
this section for the
time
described in division
(B) or
(C) | 3694 |
|
of this section is
effective
immediately from the time at which | 3695 |
|
the arresting officer
serves
the notice of suspension upon the | 3696 |
|
arrested person. Any
subsequent finding that the person is not | 3697 |
|
guilty of the charge
that resulted in the person being requested | 3698 |
|
to take
the chemical test or tests under division (A) of
this | 3699 |
|
section
does not affect the suspension. | 3700 |
| (2) If a person is arrested for operating a vehicle, | 3701 |
|
streetcar, or trackless trolley in violation of division (A) or | 3702 |
|
(B) of section 4511.19 of the Revised Code or a municipal OVI | 3703 |
|
ordinance, or for being in physical control of a
vehicle, | 3704 |
|
streetcar, or trackless trolley in violation of section
4511.194 | 3705 |
|
of the
Revised Code or a substantially equivalent municipal | 3706 |
|
ordinance,
regardless of whether the person's
driver's
or | 3707 |
|
commercial
driver's license or permit or nonresident
operating | 3708 |
|
privilege is
or is not suspended under division
(B)
or
(C)
of this | 3709 |
|
section
or Chapter 4510. of the Revised Code,
the person's
initial | 3710 |
|
appearance on the charge resulting from the
arrest shall
be held | 3711 |
|
within five days of the person's arrest or
the issuance of
the | 3712 |
|
citation to the person, subject to any
continuance
granted by
the | 3713 |
|
court pursuant to
section
4511.197 of
the Revised Code
regarding | 3714 |
|
the issues
specified in that division. | 3715 |
| (F) At the end of a suspension period under this section, | 3723 |
|
under section 4511.194,
section 4511.196, or division
(G) of | 3724 |
|
section
4511.19 of the
Revised Code, or under section
4510.07 of | 3725 |
|
the
Revised Code for a violation of a municipal OVI
ordinance and | 3726 |
|
upon
the request of the person whose driver's or
commercial | 3727 |
|
driver's
license or permit was suspended and who is
not
otherwise | 3728 |
|
subject
to suspension,
cancellation, or
disqualification, the | 3729 |
|
registrar shall return the driver's or
commercial driver's license | 3730 |
|
or permit to the person upon the
occurrence of all of the | 3731 |
|
conditions
specified in divisions
(F)(1) and (2)
of this section: | 3732 |
| (a) One hundred twelve dollars and fifty
cents shall be | 3745 |
|
credited to the statewide
treatment and prevention fund created by | 3746 |
|
section 4301.30 of the Revised Code.
The fund shall be
used to | 3747 |
|
pay the costs of driver treatment and
intervention programs | 3748 |
|
operated pursuant to sections 3793.02 and
3793.10 of the Revised | 3749 |
|
Code. The director of alcohol and drug
addiction services shall | 3750 |
|
determine the share of the fund that is
to be allocated to alcohol | 3751 |
|
and drug addiction programs authorized
by section 3793.02 of the | 3752 |
|
Revised Code, and the share of the fund
that is to be allocated to | 3753 |
|
drivers' intervention programs
authorized by section 3793.10 of | 3754 |
|
the Revised Code. | 3755 |
| (c) Thirty-seven dollars and fifty cents
shall be credited
to | 3758 |
|
the indigent
drivers alcohol treatment fund, which is hereby | 3759 |
|
established. Except as
otherwise provided in division
(F)(2)(c)
of | 3760 |
|
this section, moneys in the fund shall be
distributed by the | 3761 |
|
department of alcohol and drug addiction
services to the county | 3762 |
|
indigent drivers alcohol
treatment funds,
the county juvenile | 3763 |
|
indigent drivers alcohol treatment funds,
and
the municipal | 3764 |
|
indigent drivers alcohol treatment funds that are
required to be | 3765 |
|
established by counties and municipal corporations
pursuant
to | 3766 |
|
this section, and shall be used only
to pay
the cost of an alcohol | 3767 |
|
and drug addiction treatment program
attended by an offender or | 3768 |
|
juvenile traffic offender who is
ordered to attend an alcohol and | 3769 |
|
drug addiction treatment program
by a county, juvenile, or | 3770 |
|
municipal court judge and who is
determined by the county, | 3771 |
|
juvenile, or municipal court judge not
to have the means to pay | 3772 |
|
for
the person's attendance at the
program or to pay the costs | 3773 |
|
specified in division
(H)(4) of
this section in accordance with | 3774 |
|
that
division. In addition, a county, juvenile, or municipal court | 3775 |
|
judge may use moneys in the county indigent drivers alcohol | 3776 |
|
treatment fund, county juvenile indigent drivers alcohol treatment | 3777 |
|
fund, or municipal indigent drivers alcohol treatment fund to pay | 3778 |
|
for the cost of the continued use of an electronic continuous | 3779 |
|
alcohol monitoring device as described in divisions (H)(3) and (4) | 3780 |
|
of this section. Moneys in the fund
that are not
distributed to a | 3781 |
|
county indigent drivers alcohol
treatment fund,
a county juvenile | 3782 |
|
indigent drivers alcohol
treatment fund, or a
municipal indigent | 3783 |
|
drivers alcohol treatment
fund under division
(H) of this section | 3784 |
|
because the director of
alcohol and drug addiction
services does | 3785 |
|
not have the information
necessary to identify the county or | 3786 |
|
municipal corporation where
the offender or juvenile offender was | 3787 |
|
arrested may
be transferred
by the director of budget and | 3788 |
|
management to the
statewide
treatment and prevention
fund created | 3789 |
|
by section
4301.30 of the
Revised Code, upon certification of the | 3790 |
|
amount by the director
of
alcohol and drug
addiction services. | 3791 |
| (d) Seventy-five dollars shall be credited to the Ohio | 3792 |
|
rehabilitation services commission established by section 3304.12 | 3793 |
|
of the Revised Code, to the services for rehabilitation fund, | 3794 |
|
which is hereby established. The fund shall be used to match | 3795 |
|
available federal matching funds where appropriate, and for any | 3796 |
|
other purpose or program of the commission to rehabilitate people | 3797 |
|
with disabilities to help them become employed and independent. | 3798 |
| (h) Fifty dollars shall be credited to the indigent drivers | 3810 |
|
interlock and alcohol monitoring fund, which is hereby established | 3811 |
|
in the state treasury. Monies in the fund shall be distributed by | 3812 |
|
the department of public safety to the county indigent drivers | 3813 |
|
interlock and alcohol monitoring funds, the county juvenile | 3814 |
|
indigent drivers interlock and alcohol monitoring funds, and the | 3815 |
|
municipal indigent drivers interlock and alcohol monitoring funds | 3816 |
|
that are required to be established by counties and municipal | 3817 |
|
corporations pursuant to this section, and shall be used only to | 3818 |
|
pay the cost of an immobilizing or disabling device, including a | 3819 |
|
certified ignition interlock device, or an alcohol monitoring | 3820 |
|
device used by an offender or juvenile offender who is ordered to | 3821 |
|
use the device by a county, juvenile, or municipal court judge and | 3822 |
|
who is determined by the county, juvenile, or municipal court | 3823 |
|
judge not to have the means to pay for the person's use of the | 3824 |
|
device. | 3825 |
| (3) If a person's driver's or commercial driver's license or | 3826 |
|
permit is suspended under
this
section,
under section 4511.196 or | 3827 |
|
division
(G) of section
4511.19 of the Revised Code,
under
section | 3828 |
|
4510.07 of the Revised
Code for a violation of a municipal
OVI | 3829 |
|
ordinance or
under any
combination of the
suspensions
described in | 3830 |
|
division
(F)(3) of
this section, and if the
suspensions arise from | 3831 |
|
a single incident
or a single set of facts
and
circumstances, the | 3832 |
|
person is liable
for payment of, and shall
be required to
pay to | 3833 |
|
the bureau, only
one reinstatement fee of
four hundred
twenty-five | 3834 |
|
dollars.
The
reinstatement fee shall be
distributed by the bureau | 3835 |
|
in
accordance
with division
(F)(2) of
this section. | 3836 |
| (4) The attorney general shall use amounts in the drug abuse | 3837 |
|
resistance education programs fund to award grants to law | 3838 |
|
enforcement agencies to establish and implement drug abuse | 3839 |
|
resistance education programs in public schools. Grants awarded
to | 3840 |
|
a law enforcement agency under
this
section shall be used by
the | 3841 |
|
agency to pay for not more than
fifty
per cent of the amount
of | 3842 |
|
the salaries of law enforcement
officers
who conduct drug abuse | 3843 |
|
resistance education programs in
public
schools. The attorney | 3844 |
|
general shall not use more than six
per
cent of the amounts the | 3845 |
|
attorney general's office
receives under
division
(F)(2)(e) of | 3846 |
|
this section to pay the costs it incurs
in
administering the grant | 3847 |
|
program established by division
(F)(2)(e)
of this section and in | 3848 |
|
providing training and
materials relating
to drug abuse resistance | 3849 |
|
education programs. | 3850 |
| (G) Suspension of a commercial driver's license under | 3856 |
|
division
(B) or
(C) of this section shall be concurrent with
any | 3857 |
|
period of disqualification under section 3123.611 or
4506.16
of | 3858 |
|
the Revised Code or any period of suspension under section
3123.58 | 3859 |
|
of the Revised Code. No person who is disqualified for
life from | 3860 |
|
holding a
commercial driver's license under section
4506.16 of the | 3861 |
|
Revised
Code shall be issued a driver's license
under Chapter | 3862 |
|
4507. of
the Revised Code during the period for
which the | 3863 |
|
commercial
driver's license was suspended under division
(B) or | 3864 |
|
(C) of this
section. No person whose
commercial driver's license | 3865 |
|
is
suspended under division
(B) or
(C) of this section shall be | 3866 |
|
issued a driver's license under
Chapter 4507. of the Revised Code | 3867 |
|
during the period
of
the suspension. | 3868 |
| (H)(1) Each county shall establish an indigent drivers | 3869 |
|
alcohol treatment fund, each county shall establish a juvenile | 3870 |
|
indigent drivers alcohol treatment fund, and each municipal | 3871 |
|
corporation in which there is a municipal court shall establish
an | 3872 |
|
indigent drivers alcohol treatment fund. All revenue that the | 3873 |
|
general assembly appropriates to the indigent drivers alcohol | 3874 |
|
treatment fund for transfer to a county indigent drivers alcohol | 3875 |
|
treatment fund, a county juvenile indigent drivers alcohol | 3876 |
|
treatment fund, or a municipal indigent drivers alcohol treatment | 3877 |
|
fund, all portions of fees that are paid under division (F) of | 3878 |
|
this section and that are credited under that division to the | 3879 |
|
indigent drivers alcohol treatment fund in the state treasury for | 3880 |
|
a county indigent drivers alcohol treatment fund, a county | 3881 |
|
juvenile indigent drivers alcohol treatment fund, or a municipal | 3882 |
|
indigent drivers alcohol treatment fund, and all portions of
fines | 3883 |
|
that are specified for deposit into a county or municipal
indigent | 3884 |
|
drivers alcohol treatment fund by section 4511.193 of
the Revised | 3885 |
|
Code shall be deposited into that county indigent
drivers alcohol | 3886 |
|
treatment fund, county juvenile indigent drivers
alcohol treatment | 3887 |
|
fund, or municipal indigent drivers alcohol
treatment fund in | 3888 |
|
accordance with division
(H)(2) of this
section. Additionally,
all | 3889 |
|
portions of fines that are paid for a
violation of section
4511.19 | 3890 |
|
of the Revised Code or
of any prohibition contained in
Chapter | 3891 |
|
4510. of the Revised Code,
and that are
required under
section
| 3892 |
|
4511.19 or
any
provision of Chapter 4510. of the Revised
Code to | 3893 |
|
be
deposited
into a county indigent drivers alcohol
treatment fund | 3894 |
|
or municipal
indigent drivers alcohol treatment
fund shall be | 3895 |
|
deposited into
the appropriate fund in accordance
with the | 3896 |
|
applicable division. | 3897 |
| (3) Expenditures from a county indigent drivers alcohol | 3932 |
|
treatment fund, a county juvenile indigent drivers alcohol | 3933 |
|
treatment fund, or a municipal indigent drivers alcohol treatment | 3934 |
|
fund shall be made only upon the order of a county, juvenile, or | 3935 |
|
municipal court judge and only for payment of the cost of an | 3936 |
|
assessment or the cost of the
attendance at an alcohol and drug | 3937 |
|
addiction treatment program of
a
person who is convicted of, or | 3938 |
|
found to be a juvenile traffic
offender by reason of, a violation | 3939 |
|
of division (A) of section
4511.19 of the Revised Code or a | 3940 |
|
substantially similar municipal
ordinance, who is ordered by the | 3941 |
|
court to attend the alcohol and
drug addiction treatment program, | 3942 |
|
and who is determined by the
court to be unable to pay the cost of | 3943 |
| the assessment or the cost of attendance at the
treatment
program | 3944 |
|
or for payment of the costs specified in division
(H)(4)
of this | 3945 |
|
section in accordance with that division. The
alcohol and
drug | 3946 |
|
addiction services board or the board of alcohol,
drug
addiction, | 3947 |
|
and
mental health services established pursuant to
section 340.02 | 3948 |
|
or
340.021 of
the Revised Code and serving the
alcohol, drug | 3949 |
|
addiction, and mental
health service district in
which the court | 3950 |
|
is located shall
administer the indigent drivers
alcohol treatment | 3951 |
|
program of the
court. When a court orders an
offender or juvenile | 3952 |
|
traffic
offender to obtain an assessment or attend an alcohol and | 3953 |
|
drug addiction treatment
program, the board shall determine which | 3954 |
|
program is suitable to
meet the needs of the offender or juvenile | 3955 |
|
traffic offender, and
when a suitable program is located and space | 3956 |
|
is available at the
program, the offender or juvenile traffic | 3957 |
|
offender shall attend
the program designated by the board. A | 3958 |
|
reasonable amount not to
exceed five per cent of the amounts | 3959 |
|
credited to and deposited
into the county indigent drivers alcohol | 3960 |
|
treatment fund, the
county juvenile indigent drivers alcohol | 3961 |
|
treatment fund, or the
municipal indigent drivers alcohol | 3962 |
|
treatment fund serving every
court whose program is administered | 3963 |
|
by that board shall be paid
to the board to cover the costs it | 3964 |
|
incurs in administering those
indigent drivers alcohol treatment | 3965 |
|
programs. | 3966 |
| In addition, upon exhaustion of moneys in the indigent | 3967 |
|
drivers interlock and alcohol monitoring fund for the use of an | 3968 |
|
alcohol monitoring device, a county, juvenile, or municipal court | 3969 |
|
judge may
use moneys in the county indigent drivers alcohol | 3970 |
|
treatment fund,
county juvenile indigent drivers alcohol | 3971 |
|
treatment fund, or
municipal indigent drivers alcohol treatment | 3972 |
|
fund to pay for the
continued use of an electronic continuous | 3973 |
|
alcohol monitoring
device by an offender or juvenile traffic | 3974 |
|
offender, in conjunction
with a treatment program approved by the | 3975 |
|
department of alcohol and
drug addiction services, when such use | 3976 |
|
is determined clinically
necessary by the treatment program and | 3977 |
|
when the court determines
that the offender or juvenile traffic | 3978 |
|
offender is unable to pay
all or part of the daily monitoring of | 3979 |
|
the device. | 3980 |
| (4) If a county, juvenile, or municipal court determines, in | 3981 |
|
consultation with the alcohol and drug addiction services board or | 3982 |
|
the board
of alcohol, drug addiction, and mental health services | 3983 |
|
established pursuant to
section 340.02 or 340.021 of the Revised | 3984 |
|
Code
and serving the alcohol, drug addiction, and
mental health | 3985 |
|
district in which the court is located, that
the funds in the | 3986 |
|
county indigent drivers alcohol treatment fund, the county | 3987 |
|
juvenile indigent drivers alcohol treatment fund, or the municipal | 3988 |
|
indigent
drivers alcohol treatment fund under the control of the | 3989 |
|
court are more than
sufficient to satisfy the purpose for which | 3990 |
|
the fund was established, as
specified in divisions
(H)(1) to
(3) | 3991 |
|
of this section, the
court may declare a surplus in the fund.
If | 3992 |
|
the court declares a surplus in
the fund, the court may expend
the | 3993 |
|
amount of the surplus in the fund for: | 3994 |
| (5) For the purpose of determining as described in division | 4010 |
|
(F)(2)(c) of this section whether an offender does not have the | 4011 |
|
means to pay for the offender's attendance at an alcohol and drug | 4012 |
|
addiction treatment program or whether an alleged offender or | 4013 |
|
delinquent child is unable to pay the costs specified in division | 4014 |
|
(H)(4) of this section, the court shall use the indigent client | 4015 |
|
eligibility guidelines and the standards of indigency established | 4016 |
|
by the state public defender to make the determination. | 4017 |
| (6) The court shall identify and refer any alcohol and drug | 4018 |
|
addiction program that is not certified under section 3793.06 of | 4019 |
|
the Revised Code and that is interested in receiving amounts from | 4020 |
|
the surplus in the fund declared under division (H)(4) of this | 4021 |
|
section to the department of alcohol and drug addiction services | 4022 |
|
in order for the program to become a certified alcohol and drug | 4023 |
|
treatment program. The department shall keep a record of applicant | 4024 |
|
referrals received pursuant to this division and shall submit a | 4025 |
|
report on the referrals each year to the general assembly. If a | 4026 |
|
program interested in becoming certified makes an application to | 4027 |
|
become certified pursuant to section 3793.06 of the Revised Code, | 4028 |
|
the program is eligible to receive surplus funds as long as the | 4029 |
|
application is pending with the department. The department of | 4030 |
|
alcohol and drug addiction services must offer technical | 4031 |
|
assistance to the applicant. If the interested program withdraws | 4032 |
|
the certification application, the department must notify the | 4033 |
|
court, and the court shall not provide the interested program with | 4034 |
|
any further surplus funds. | 4035 |
| (I)(1) Each county shall establish an indigent drivers | 4036 |
|
interlock and alcohol monitoring fund and a juvenile indigent | 4037 |
|
drivers interlock and alcohol treatment fund, and each municipal | 4038 |
|
corporation in which there is a municipal court shall establish an | 4039 |
|
indigent drivers interlock and alcohol monitoring fund. All | 4040 |
|
revenue that the general assembly appropriates to the indigent | 4041 |
|
drivers interlock and alcohol monitoring fund for transfer to a | 4042 |
|
county indigent drivers interlock and alcohol monitoring fund, a | 4043 |
|
county juvenile indigent drivers interlock and alcohol monitoring | 4044 |
|
fund, or a municipal indigent drivers interlock and alcohol | 4045 |
|
monitoring fund, all portions of license reinstatement fees that | 4046 |
|
are paid under division (F)(2) of this section and that are | 4047 |
|
credited under that division to the indigent drivers interlock and | 4048 |
|
alcohol monitoring fund in the state treasury, and all portions of | 4049 |
|
fines that are paid under division (G) of section 4511.19 of the | 4050 |
|
Revised Code and that are credited by division (G)(5)(e) of that | 4051 |
|
section to the indigent drivers interlock and alcohol monitoring | 4052 |
|
fund in the state treasury shall be deposited in the appropriate | 4053 |
|
fund in accordance with division (I)(2) of this section. | 4054 |
| (2) That portion of the license reinstatement fee that is | 4055 |
|
paid under division (F) of this section and that portion of the | 4056 |
|
fine paid under division (G) of section 4511.19 of the Revised | 4057 |
|
Code and that is credited under either division to the indigent | 4058 |
|
drivers interlock and alcohol monitoring fund shall be deposited | 4059 |
|
into a county indigent drivers interlock and alcohol monitoring | 4060 |
|
fund, a county juvenile indigent drivers interlock and alcohol | 4061 |
|
monitoring fund, or a municipal indigent drivers interlock and | 4062 |
|
alcohol monitoring fund as follows: | 4063 |
| Sec. 4511.192. (A)
The arresting law
enforcement officer | 4079 |
|
shall give
advice
in
accordance with
this
section to any person | 4080 |
|
under arrest
for a
violation of division (A)
or (B) of section | 4081 |
|
4511.19
of the
Revised
Code, section 4511.194 of
the Revised Code | 4082 |
|
or a substantially equivalent municipal
ordinance,
or a municipal | 4083 |
|
OVI
ordinance. The
officer shall give
that advice
in
a written | 4084 |
|
form
that
contains the information
described in
division (B) of | 4085 |
|
this
section and shall read the
advice to the
person. The
form | 4086 |
|
shall
contain a statement that the
form was
shown to the
person | 4087 |
|
under
arrest and read to the person
by the
arresting officer. One | 4088 |
|
or
more persons shall witness the
arresting officer's reading of | 4089 |
|
the
form, and
the witnesses shall
certify to this fact by signing | 4090 |
|
the
form. The person must submit
to the chemical test or tests, | 4091 |
|
subsequent to the request of the
arresting officer, within two | 4092 |
|
hours of the time of the alleged
violation and, if the person | 4093 |
|
does not submit to the test or tests
within that two-hour time | 4094 |
|
limit, the failure to submit
automatically constitutes a refusal | 4095 |
|
to submit to the test or
tests. | 4096 |
| (B)
If a person is under arrest as
described in division
(A) | 4097 |
|
of
this section, before the person may
be requested to submit to | 4098 |
|
a
chemical test
or tests to determine
the alcohol, drug of abuse, | 4099 |
|
controlled substance, metabolite of a
controlled substance, or | 4100 |
|
combination content
of the
person's whole
blood, blood serum or | 4101 |
|
plasma, breath, or urine, the
arresting
officer
shall read the | 4102 |
|
following form to the person: | 4103 |
| "You now are under arrest for (specifically state the
offense | 4104 |
|
under state law or a substantially equivalent municipal ordinance | 4105 |
|
for which the person was arrested - operating a vehicle
under
the | 4106 |
|
influence of alcohol, a drug, or a combination
of them;
operating | 4107 |
|
a vehicle while under the influence of a listed controlled | 4108 |
|
substance or a listed metabolite of a controlled substance; | 4109 |
|
operating
a vehicle after
underage alcohol consumption; or having | 4110 |
|
physical
control of a vehicle while under the influence). | 4111 |
| If you refuse to take any chemical test required
by law, your | 4112 |
|
Ohio driving privileges will be suspended immediately, and you | 4113 |
|
will have to pay a fee to have the privileges reinstated. If you | 4114 |
|
have a prior conviction of OVI, OVUAC, or operating a vehicle | 4115 |
|
while under the influence of a listed controlled substance or a | 4116 |
|
listed metabolite of a controlled substance under state or | 4117 |
|
municipal law within the preceding twenty years, you now are under | 4118 |
|
arrest for state OVI, and, if you refuse to take a chemical test, | 4119 |
|
you will face increased penalties if you subsequently are | 4120 |
|
convicted of the state OVI. | 4121 |
| (Read this part unless the person is under arrest for solely | 4122 |
|
having physical control of a
vehicle while under the influence.) | 4123 |
|
If you take any chemical test required by law and
are
found to be | 4124 |
|
at or
over the
prohibited amount of alcohol, a controlled | 4125 |
|
substance, or a metabolite of a controlled substance in
your
whole | 4126 |
|
blood,
blood serum or plasma, breath,
or urine as set by law, your | 4127 |
|
Ohio driving privileges will
be
suspended immediately, and you | 4128 |
|
will have to pay a fee to have
the
privileges reinstated. | 4129 |
| (C) If the arresting law enforcement officer does not ask a | 4132 |
|
person under arrest as described in division (A) of this
section | 4133 |
| or division (A)(5) of section 4511.191 of the Revised Code to | 4134 |
|
submit to a chemical
test or tests under section 4511.191 of
the | 4135 |
|
Revised Code,
the arresting officer shall seize the Ohio or | 4136 |
|
out-of-state
driver's or commercial driver's license or permit of | 4137 |
|
the person
and immediately forward it to the court in which the | 4138 |
|
arrested person is to appear on the charge. If the arrested
person | 4139 |
|
is not in
possession of
the person's license or permit or
it is | 4140 |
|
not in the
person's vehicle, the officer shall order the
person to | 4141 |
|
surrender it
to the law enforcement agency that employs
the | 4142 |
|
officer within
twenty-four hours after the arrest, and, upon
the | 4143 |
|
surrender, the
agency immediately shall forward the license or | 4144 |
|
permit to the
court in which the person is to appear on the | 4145 |
|
charge. Upon
receipt of the license or permit, the court shall | 4146 |
|
retain it
pending the arrested person's initial appearance and any | 4147 |
|
action taken
under section 4511.196 of the Revised Code. | 4148 |
| (D)(1) If a law enforcement officer asks a person under | 4149 |
|
arrest as described in division (A)(5) of section 4511.191 of the | 4150 |
|
Revised Code to submit to a chemical test or tests under that | 4151 |
|
section and the test results indicate a prohibited concentration | 4152 |
|
of alcohol, a controlled substance, or a metabolite of a | 4153 |
|
controlled substance in the person's whole blood, blood serum or | 4154 |
|
plasma, breath, or urine at the time of the alleged offense, or if | 4155 |
|
a law enforcement officer asks a person under
arrest as
described | 4156 |
|
in division (A) of this
section to submit to a
chemical
test or | 4157 |
tests under section 4511.191 of the Revised Code,
if the officer | 4158 |
|
advises the person in accordance with this section
of the | 4159 |
consequences of the person's refusal or submission,
and if
either | 4160 |
|
the person refuses to submit to the test or tests or,
unless the | 4161 |
|
arrest was for a violation of section 4511.194 of the
Revised Code | 4162 |
|
or a substantially equivalent municipal ordinance, the person | 4163 |
|
submits to the
test or tests and the test
results indicate a | 4164 |
|
prohibited concentration of alcohol, a controlled substance, or a | 4165 |
|
metabolite of a controlled substance in the
person's whole blood, | 4166 |
|
blood serum or plasma, breath, or urine at
the time of the alleged | 4167 |
|
offense,
the arresting officer shall do
all of the following: | 4168 |
| (a) On behalf of the registrar of motor vehicles, notify the | 4169 |
|
person that, independent of any penalties or sanctions imposed | 4170 |
|
upon the
person, the person's Ohio driver's or commercial driver's | 4171 |
|
license
or permit or nonresident operating privilege is suspended | 4172 |
|
immediately,
that the suspension will last at least until the | 4173 |
|
person's
initial appearance on the charge, which will be held | 4174 |
|
within five days
after the date of the person's arrest or the | 4175 |
|
issuance of a
citation to the person, and that the person may | 4176 |
|
appeal the
suspension at the initial appearance or during the | 4177 |
|
period of time
ending thirty days after that initial appearance; | 4178 |
| (b) Seize the driver's or commercial driver's license or | 4179 |
|
permit
of the person and immediately forward it to the registrar. | 4180 |
|
If the
arrested person is not in possession of the person's | 4181 |
|
license or permit
or it is not in the person's vehicle, the | 4182 |
|
officer shall order the person to
surrender it to the
law | 4183 |
|
enforcement agency that employs the officer within twenty-four | 4184 |
|
hours after the person is given notice of the suspension, and, | 4185 |
|
upon the surrender, the officer's employing agency immediately | 4186 |
|
shall forward the license or permit to the registrar. | 4187 |
| (i) That the officer had reasonable grounds to believe that, | 4194 |
|
at
the time of the arrest, the arrested person was operating a | 4195 |
|
vehicle, streetcar, or trackless trolley in
violation of division | 4196 |
|
(A) or (B) of section 4511.19 of
the Revised Code or a
municipal | 4197 |
|
OVI ordinance or for being in physical control of a stationary | 4198 |
|
vehicle, streetcar, or trackless trolley in violation of section | 4199 |
|
4511.194 of the Revised Code or a substantially equivalent | 4200 |
|
municipal ordinance; | 4201 |
(iv) ThatUnless division (D)(1)(d)(v) of this section | 4212 |
|
applies, that either the person refused to submit to the
chemical | 4213 |
|
test
or tests or, unless the arrest was for a violation
of section | 4214 |
|
4511.194 of the Revised Code or a substantially equivalent | 4215 |
|
municipal ordinance,
the person submitted to
the chemical test or | 4216 |
|
tests and the test results
indicate a
prohibited concentration of | 4217 |
|
alcohol, a controlled substance, or a metabolite of a controlled | 4218 |
|
substance in the person's whole blood,
blood serum or plasma, | 4219 |
|
breath, or urine at the time of the alleged
offense; | 4220 |
| (v) If the person was under arrest as described in division | 4221 |
|
(A)(5) of section 4511.191 of the Revised Code and the chemical | 4222 |
|
test or tests were performed in accordance with that division, | 4223 |
|
that the person was under arrest as described in that division, | 4224 |
|
that the chemical test or tests were performed in accordance with | 4225 |
|
that division, and that test results indicated a prohibited | 4226 |
|
concentration of alcohol, a controlled substance, or a metabolite | 4227 |
|
of a controlled substance in the person's whole blood, blood serum | 4228 |
|
or plasma, breath, or urine at the time of the alleged offense. | 4229 |
| (2) Division (D)(1) of this section does not apply to a | 4230 |
|
person
who is arrested for a violation of section 4511.194 of the | 4231 |
|
Revised Code or a substantially equivalent municipal ordinance, | 4232 |
|
who is asked by a
law enforcement officer to submit
to a
chemical | 4233 |
|
test or tests under section 4511.191 of the Revised
Code,
and who | 4234 |
|
submits to the test or tests, regardless of the
amount of
alcohol, | 4235 |
|
a controlled substance, or a metabolite of a controlled substance | 4236 |
|
that the test results indicate is present in the
person's
whole | 4237 |
|
blood, blood serum or plasma, breath, or urine. | 4238 |
| (E)
The arresting officer shall give the officer's sworn | 4239 |
|
report
that is completed under this
section to the arrested person | 4240 |
|
at the time of the arrest, or the registrar of
motor vehicles | 4241 |
|
shall send the report to the person
by regular first
class mail as | 4242 |
|
soon
as possible after receipt of the report, but not later than | 4243 |
|
fourteen days
after receipt of it. An
arresting officer may give | 4244 |
|
an unsworn report to the arrested person at the
time
of the arrest | 4245 |
|
provided the report is complete when given to the
arrested person | 4246 |
|
and subsequently is sworn to by the arresting
officer. As soon as | 4247 |
|
possible, but not later than forty-eight
hours after the arrest of | 4248 |
|
the person, the arresting officer shall
send a copy of the sworn | 4249 |
|
report to the court in which the arrested
person is to appear on | 4250 |
|
the charge for which the person was
arrested. | 4251 |
| Sec. 4511.198. (A)(1) If a court grants limited driving | 4260 |
|
privilege to a person who is
described in division (B) of this | 4261 |
|
section and who is alleged to
have committed a violation of | 4262 |
|
division (A) of section 4511.19 of
the Revised Code or of a | 4263 |
|
substantially equivalent municipal
ordinance, the court as a | 4264 |
|
condition of granting limited driving privileges may prohibit the | 4265 |
|
person from consuming any beer or intoxicating liquor and may | 4266 |
|
require the person to wear a monitor that provides continuous | 4267 |
|
alcohol monitoring that is remote. If the court imposes the | 4268 |
|
requirement, the court shall require the
person to wear the | 4269 |
|
monitor until the person is convicted of,
pleads guilty to, or is | 4270 |
|
found not guilty of the alleged violation
or the charges in the | 4271 |
|
case are dismissed. Any consumption by the
person of beer or | 4272 |
|
intoxicating liquor prior to that time is
grounds for revocation | 4273 |
|
by the court of the person's limited driving privilege. The
person | 4274 |
|
shall pay all costs associated with the monitor, including
the | 4275 |
|
cost of remote monitoring. | 4276 |
|
(2) If a court grants limited driving privilege to a person | 4277 |
|
who is
described in division (C) of this section and who is | 4278 |
|
alleged to
have committed a violation of division (A) of section | 4279 |
|
4511.19 of
the Revised Code or of a substantially equivalent | 4280 |
|
municipal
ordinance, the court as a condition of granting limited | 4281 |
|
driving privileges, unless the court determines otherwise, shall | 4282 |
|
prohibit the
person from consuming any beer or intoxicating liquor | 4283 |
|
and shall
require the person to wear a monitor that provides | 4284 |
|
continuous
alcohol monitoring that is remote. The court shall | 4285 |
|
require the
person to wear the monitor until the person is | 4286 |
|
convicted of,
pleads guilty to, or is found not guilty of the | 4287 |
|
alleged violation
or the charges in the case are dismissed. Any | 4288 |
|
consumption by the
person of beer or intoxicating liquor prior to | 4289 |
|
that time is
grounds for revocation by the court of the person's | 4290 |
|
limited driving privilege. The person shall pay all costs | 4291 |
|
associated with the monitor, including the cost of remote | 4292 |
|
monitoring. | 4293 |
|
(2) A person who is alleged to have committed a violation of | 4301 |
|
a municipal ordinance that is substantially equivalent to division | 4302 |
|
(A) of section 4511.19 of the Revised Code and who, if the law | 4303 |
|
enforcement officer who arrested and charged the person with the | 4304 |
|
violation of the municipal ordinance instead had charged the | 4305 |
|
person with a violation of division (A) of section 4511.19 of the | 4306 |
|
Revised Code, would be required to be sentenced under division | 4307 |
|
(G)(1)(c) or (d) of section 4511.19 of the Revised
Code. | 4308 |
|
(2) A person who is alleged to have committed a violation of | 4315 |
|
a municipal ordinance that is substantially equivalent to division | 4316 |
|
(A) of section 4511.19 of the Revised Code and who, if the law | 4317 |
|
enforcement officer who arrested and charged the person with the | 4318 |
|
violation of the municipal ordinance instead had charged the | 4319 |
|
person with a violation of division (A) of section 4511.19 of the | 4320 |
|
Revised Code, would be required to be sentenced under division | 4321 |
|
(G)(1)(e) of section 4511.19 of the Revised
Code. | 4322 |
| (B) Without limiting or precluding the consideration of any | 4347 |
|
other evidence in determining whether a violation of division | 4348 |
(A)(1), (2), (3), or (4), or (5) of this section has occurred, it | 4349 |
|
shall be
prima-facie evidence that the offender knows
or
has | 4350 |
|
reasonable
cause to believe that the operator of the motor vehicle | 4351 |
|
owned by
the
offender or
under the
offender's control is in a | 4352 |
category
described in division (A)(1), (2), (3), or (4), or (5) of | 4353 |
|
this
section if
any of the following applies: | 4354 |
| (2) Regarding an operator allegedly in the category
described | 4359 |
|
in division (A)(2) of this section, the offender and the
operator | 4360 |
|
of the motor vehicle reside in the same household, and
the | 4361 |
|
offender knows or has reasonable cause to believe that the | 4362 |
|
operator has been charged with or convicted of any violation of | 4363 |
|
law or ordinance, or has committed any other act or omission, that | 4364 |
|
would or could result in the suspension or cancellation of the | 4365 |
|
operator's license, permit, or privilege. | 4366 |
| (C)
Whoever violates this section is guilty of wrongful | 4371 |
|
entrustment of a motor vehicle, a misdemeanor of the first degree. | 4372 |
|
In
addition to the penalties imposed under Chapter 2929. of the | 4373 |
|
Revised Code, the court
shall impose a class seven suspension
of | 4374 |
|
the offender's driver's license, commercial driver's license, | 4375 |
|
temporary
instruction permit, probationary license, or nonresident | 4376 |
|
operating privilege
from the range specified in division (A)(7) of | 4377 |
|
section 4510.02 of the Revised Code,
and, if the vehicle involved | 4378 |
|
in the offense is registered in the name of the
offender, the | 4379 |
|
court shall
order one of the following: | 4380 |
| If title to a motor vehicle that is subject to an order for | 4399 |
|
criminal forfeiture under this division is assigned or transferred | 4400 |
|
and
division (B)(2) or (3) of section 4503.234 of the Revised Code | 4401 |
|
applies, in addition to or independent of any other penalty | 4402 |
|
established by
law, the court may fine the offender the value of | 4403 |
|
the vehicle as determined by
publications of the national auto | 4404 |
|
dealer's association. The proceeds from any fine imposed under | 4405 |
|
this division shall be distributed in accordance with division | 4406 |
|
(C)(2)
of section 4503.234 of the Revised Code. | 4407 |
| (E)
If a court orders the criminal forfeiture of a vehicle | 4414 |
|
under
division (C) of this section, upon receipt of the order from | 4415 |
|
the
court, neither the registrar of motor vehicles nor any deputy | 4416 |
|
registrar shall
accept any
application for the registration or | 4417 |
|
transfer of registration of any motor
vehicle owned or leased
by | 4418 |
|
the person named in the order. The period of denial shall be
five | 4419 |
|
years after the date the order is issued, unless, during that | 4420 |
|
five-year period, the court with jurisdiction of the offense that | 4421 |
|
resulted in the order terminates the forfeiture and notifies the | 4422 |
|
registrar of the termination. If the court terminates the | 4423 |
|
forfeiture and notifies the registrar, the registrar shall take | 4424 |
|
all necessary measures to permit the person to register a vehicle | 4425 |
|
owned or leased by the person or to transfer the registration of | 4426 |
|
the vehicle. | 4427 |
| (G) Evidence of a conviction of, plea of guilty to, or | 4431 |
|
adjudication as a delinquent child for a violation of this section | 4432 |
|
or a substantially similar municipal ordinance shall not be | 4433 |
|
admissible as evidence in any civil action that involves the | 4434 |
|
offender or delinquent child who is the subject of the conviction, | 4435 |
|
plea, or adjudication and that arises from the wrongful | 4436 |
|
entrustment of a motor vehicle. | 4437 |
| (1) Establish and maintain a state registry, named "Ohio's | 4444 |
|
habitual OVI/OMWI offenders," that contains all of the information | 4445 |
|
specified in divisions (A)(1)(a) and (b) of this section regarding | 4446 |
|
any person who on or after the effective date of this section is | 4447 |
|
convicted in this state for the fifth or subsequent time in the | 4448 |
|
preceding twenty years of an OVI/OMWI
violation. The state | 4449 |
|
registry is a public record open for
inspection under section | 4450 |
|
149.43 of the Revised Code. The
department shall obtain the | 4451 |
|
information to be included in the
state registry from the reports | 4452 |
|
provided by the court pursuant to division (B) of this section. | 4453 |
|
The state
registry of Ohio's habitual OVI/OMWI offenders shall | 4454 |
|
include at
least the following information regarding each | 4455 |
|
offender who on or after the effective date of this section is | 4456 |
|
convicted in this state for the fifth or subsequent time in the | 4457 |
|
preceding twenty years of an OVI/OMWI violation: | 4458 |
| (2) Establish and operate on the internet a database that | 4466 |
|
contains for each person who on or after the effective date of | 4467 |
|
this section
is convicted in this state for the fifth or | 4468 |
|
subsequent time in the
preceding twenty years of an OVI/OMWI | 4469 |
|
violation all of the
information regarding the offender that is | 4470 |
|
included in the state
registry of Ohio's habitual OVI/OMWI | 4471 |
|
offenders that is
established and maintained under division | 4472 |
|
(A)(1)
of this section.
The database is a public record open for | 4473 |
|
inspection under section
149.43 of the Revised Code, and it shall | 4474 |
|
be searchable by an
offender's name, by county, and by zip code. | 4475 |
| Section 2. That existing sections 1547.11, 1547.111, 1547.99, | 4500 |
|
2929.18, 2929.28,
2945.75,
4503.231, 4503.233, 4510.13, 4510.43, | 4501 |
|
4511.181, 4511.19,
4511.191, 4511.192, and 4511.203 of the | 4502 |
|
Revised Code are
hereby
repealed. | 4503 |
| Section 3. Section 2929.18 of the Revised Code is
presented | 4504 |
|
in
this act as a composite of the section as amended by
both Sub. | 4505 |
|
H.B. 241 and Am. Sub. H.B. 461 of
the 126th General
Assembly. | 4506 |
|
Section 4503.233 of the Revised Code is presented
in
this act as | 4507 |
|
a composite of the section as amended by both Sub.
H.B. 241 and | 4508 |
|
Am. Sub. H.B. 461 of
the 126th General Assembly. The
General | 4509 |
|
Assembly, applying the
principle stated in division (B) of | 4510 |
|
section 1.52 of the Revised
Code that amendments are to be | 4511 |
|
harmonized if reasonably capable of
simultaneous operation, finds | 4512 |
|
that the composite is the resulting
version of the section in | 4513 |
|
effect prior to the effective date of
the section as presented in | 4514 |
|
this act. | 4515 |