| Sec. 1548.10. The clerk of the court of common pleas shall | 17 |
|
charge a fee of five dollars for each memorandum certificate of | 18 |
|
title, each non-negotiable evidence of ownership, and
each | 19 |
|
duplicate copy of a certificate of title.
In addition, if a clerk | 20 |
|
who also serves as a deputy registrar under section 4503.03 or | 21 |
|
4503.036 of the Revised Code determines that additional funds are | 22 |
|
required to sustain the processing of titles by the clerk, the | 23 |
|
clerk may impose and charge an additional fee of five dollars for | 24 |
|
each certificate of title, memorandum certificate of title, | 25 |
|
non-negotiable evidence of ownership, duplicate copy of a | 26 |
|
certificate of title issued, and for each notation or indication | 27 |
|
of any lien or security interest on a certificate of title. The | 28 |
|
fees shall be
retained by the clerk. | 29 |
| In addition to those fees, the clerk shall charge a fee of | 30 |
|
five dollars for each certificate of title and for each notation | 31 |
|
or indication
of any lien or security interest on a certificate of | 32 |
|
title. The
clerk shall retain two dollars of the fee charged for | 33 |
|
each certificate of
title, and three dollars and fifty cents of | 34 |
|
the fee charged for each
notation or indication of any lien or | 35 |
|
security interest. The remaining
fees charged for a certificate
of | 36 |
|
title and the notation or indication of any
lien or security | 37 |
|
interest on a certificate of title shall be paid to the chief
of | 38 |
|
the division of watercraft by monthly returns, which shall be | 39 |
|
forwarded to the chief not later than the fifth day of the month | 40 |
|
next succeeding that in which the certificate is forwarded, or | 41 |
|
that in which the chief is notified of a lien or security interest | 42 |
|
or
cancellation
of a lien or security interest. | 43 |
| Sec. 4505.09. (A) The clerk of
a court of common pleas
| 49 |
|
shall charge a fee of five dollars for each certificate of title
| 50 |
|
that is not applied for within thirty days after
the later of the | 51 |
|
assignment
or
delivery of the motor vehicle described
in it.
In | 52 |
|
addition, if a clerk who also serves as a deputy registrar under | 53 |
|
section 4503.03 or 4503.036 of the Revised Code determines that | 54 |
|
additional funds are required to sustain the processing of titles | 55 |
|
by the clerk, the clerk may impose and charge an additional fee of | 56 |
|
five dollars for each certificate of title, memorandum certificate | 57 |
|
of title, non-negotiable evidence of ownership, duplicate copy of | 58 |
|
a certificate of title issued, and for each notation or indication | 59 |
|
of any lien or security interest on a certificate of title. The
| 60 |
|
fees
shall be retained by the clerk. | 61 |
| In addition to those fees, the clerk shall charge a fee of
| 62 |
|
five dollars for each certificate of title, duplicate
certificate
| 63 |
|
of title, memorandum certificate of title,
authorization to
print
| 64 |
|
a non-negotiable
evidence of ownership described in division (G)
| 65 |
|
of section 4505.08 of
the Revised Code, non-negotiable evidence
of | 66 |
|
ownership printed by the clerk under division (H) of that
section, | 67 |
|
and
notation of any lien
on a certificate of title.
The
clerk | 68 |
|
shall
retain two dollars
and
twenty-five cents of the
fee
charged | 69 |
|
for
each certificate of
title, four dollars and
seventy-five cents | 70 |
|
of
the fee charged for
each duplicate
certificate of
title, all of | 71 |
|
the fees charged for
each
memorandum certificate, authorization to | 72 |
|
print a
non-negotiable
evidence of ownership, or non-negotiable | 73 |
|
evidence of ownership
printed by the clerk,
and four dollars and
| 74 |
|
twenty-five cents of
the fee charged for
each notation of a lien. | 75 |
| The remaining two dollars and seventy-five cents charged
for
| 76 |
|
the certificate of title, the remaining twenty-five cents
charged
| 77 |
|
for the duplicate certificate of title, and the
remaining
| 78 |
|
seventy-five cents charged for the notation of any lien
on a
| 79 |
|
certificate of title shall be paid to the registrar of motor
| 80 |
|
vehicles by monthly returns, which shall be forwarded to the
| 81 |
|
registrar not later than the fifth day of the month next
| 82 |
|
succeeding that in which the certificate is issued or that in
| 83 |
|
which the registrar is notified of a lien or cancellation
of a | 84 |
|
lien. | 85 |
| (a) Four cents shall be paid into the state treasury to
the
| 93 |
|
credit of the motor vehicle dealers board fund, which is
hereby
| 94 |
|
created. All investment earnings of the fund shall be credited to
| 95 |
|
the
fund. The moneys in the motor vehicle dealers board fund
shall | 96 |
|
be used by the
motor vehicle dealers board created under
section | 97 |
|
4517.30 of the Revised Code,
together
with other moneys
| 98 |
|
appropriated to it, in the exercise of
its powers and
the
| 99 |
|
performance of its duties under Chapter 4517. of the Revised Code,
| 100 |
|
except
that the director of budget and management may transfer
| 101 |
|
excess money from the
motor vehicle dealers board fund to the
| 102 |
|
bureau of motor vehicles fund if the
registrar determines that
the
| 103 |
|
amount of money in the motor vehicle dealers
board fund,
together
| 104 |
|
with other moneys appropriated to the
board, exceeds
the
amount
| 105 |
|
required for the exercise of its powers and the
performance of its
| 106 |
|
duties under Chapter 4517. of the Revised Code
and requests the
| 107 |
|
director to
make the transfer. | 108 |
| (c) Twenty-five cents shall be paid into the state
treasury
| 111 |
|
to the credit of the motor vehicle sales audit fund,
which is
| 112 |
|
hereby created. The moneys in the fund shall be used by
the tax
| 113 |
|
commissioner together with other funds available
to the
| 114 |
|
commissioner to conduct a continuing investigation of
sales and
| 115 |
|
use tax returns
filed for motor vehicles in order to determine if
| 116 |
|
sales and use
tax liability has been satisfied. The commissioner
| 117 |
|
shall refer
cases of apparent violations of section 2921.13 of
the
| 118 |
|
Revised
Code made in connection with the titling or sale of
a
| 119 |
|
motor
vehicle and cases of any other apparent violations of
the
| 120 |
|
sales
or use tax law to the appropriate county prosecutor
whenever
| 121 |
|
the
commissioner considers it advisable. | 122 |
| (a) Except for moneys collected under section 1548.10 of the
| 131 |
|
Revised Code
and as provided in division (B)(3)(c) of this
| 132 |
|
section,
moneys collected under division (B)(3) of this
section
| 133 |
|
shall be used to
implement and maintain an automated title
| 134 |
|
processing system for
the issuance of motor vehicle, off-highway
| 135 |
|
motorcycle, and
all-purpose vehicle certificates of title in the
| 136 |
|
offices of the clerks of the courts of common pleas. | 137 |
| (C)(1) The automated title processing board is hereby
created | 145 |
|
consisting of the registrar or the registrar's
representative, a
| 146 |
|
person selected by the registrar, the president
of the Ohio
clerks | 147 |
|
of court association or the president's
representative, and two | 148 |
|
clerks
of courts of common pleas
appointed
by the governor. The
| 149 |
|
director of budget and
management or the
director's
designee, the | 150 |
|
chief of
the
division of watercraft in
the department of natural | 151 |
|
resources
or
the chief's designee, and
the tax commissioner or
the | 152 |
|
commissioner's designee shall
be
nonvoting members of the board. | 153 |
|
The purpose of the board is to facilitate the operation and | 154 |
|
maintenance of an automated title processing system and approve | 155 |
|
the procurement of automated title processing system equipment. | 156 |
|
Voting members of the board, excluding the registrar or the | 157 |
|
registrar's representative, shall serve without compensation, but | 158 |
|
shall be reimbursed for travel and other necessary expenses | 159 |
|
incurred in the conduct of their official duties. The registrar or | 160 |
|
the registrar's representative shall receive neither compensation | 161 |
|
nor reimbursement as a board member. | 162 |
| (v) The person has a concentration of heroin metabolite | 244 |
|
(6-monoacetyl morphine) in the person's urine of at least ten | 245 |
|
nanograms of heroin metabolite (6-monoacetyl morphine) per | 246 |
|
milliliter of the person's urine or has a concentration of heroin | 247 |
|
metabolite (6-monoacetyl morphine) in the person's whole blood or | 248 |
|
blood serum or plasma of at least ten nanograms of heroin | 249 |
|
metabolite (6-monoacetyl morphine) per milliliter of the person's | 250 |
|
whole blood or blood serum or plasma. | 251 |
| (I) The person is under the influence of alcohol, a drug of | 265 |
|
abuse, or a combination of them, and, as measured by gas | 266 |
|
chromatography mass spectrometry, the person has a concentration | 267 |
|
of marihuana metabolite in the person's urine of at least fifteen | 268 |
|
nanograms of marihuana metabolite per milliliter of the person's | 269 |
|
urine or has a concentration of marihuana metabolite in the | 270 |
|
person's whole blood or blood serum or plasma of at least five | 271 |
|
nanograms of marihuana metabolite per milliliter of the person's | 272 |
|
whole blood or blood serum or plasma. | 273 |
| (b) Subsequent to being arrested for operating the vehicle, | 302 |
|
streetcar, or trackless trolley as described in division (A)(2)(a) | 303 |
|
of this section, being asked by a law enforcement officer to | 304 |
|
submit to a chemical test or tests under section 4511.191 of the | 305 |
|
Revised Code, and being advised by the officer in accordance with | 306 |
|
section 4511.192 of the Revised Code of the consequences of the | 307 |
|
person's refusal or submission to the test or tests, refuse to | 308 |
|
submit to the test or tests. | 309 |
| (D)(1)(a) In any criminal prosecution or juvenile court | 332 |
|
proceeding for a violation of division (A)(1)(a) of this section | 333 |
|
or for an equivalent offense, the result of any test of any blood | 334 |
|
or urine withdrawn and analyzed at any health care provider, as | 335 |
|
defined in section 2317.02 of the Revised Code, may be admitted | 336 |
|
with expert testimony to be considered with any other relevant and | 337 |
|
competent evidence in determining the guilt or innocence of the | 338 |
|
defendant. | 339 |
| (b) In any criminal prosecution or juvenile court
proceeding | 340 |
|
for a violation of
division (A) or (B) of this section
or for an | 341 |
|
equivalent
offense, the court may admit
evidence on the | 342 |
|
concentration of
alcohol, drugs of abuse, controlled substances, | 343 |
|
metabolites of a controlled substance, or
a combination of
them in | 344 |
|
the
defendant's
whole blood,
blood serum or plasma,
breath, urine, | 345 |
|
or
other bodily
substance at the time of the
alleged violation as | 346 |
|
shown by
chemical analysis of the
substance
withdrawn within | 347 |
|
three hours of
the time of
the alleged violation. The three-hour | 348 |
|
time limit specified in this division regarding the admission of | 349 |
|
evidence does not extend or affect the two-hour time limit | 350 |
|
specified in division (A) of section 4511.192 of the Revised Code | 351 |
|
as the maximum period of time during which a person may consent to | 352 |
|
a chemical test or tests as described in that section. The court | 353 |
|
may admit evidence on the concentration of alcohol, drugs of | 354 |
|
abuse, or a combination of them as described in this division when | 355 |
|
a person submits to a blood, breath, urine, or other bodily | 356 |
|
substance test at the request of a
law enforcement officer under | 357 |
|
section 4511.191 of the
Revised
Code or a blood or urine sample is | 358 |
|
obtained pursuant to a search warrant. Only a
physician, a | 359 |
|
registered nurse, or a qualified
technician,
chemist,
or | 360 |
|
phlebotomist shall withdraw a blood sample for
the
purpose of | 361 |
|
determining
the
alcohol, drug, controlled substance, metabolite of | 362 |
|
a controlled substance, or
combination content
of the whole | 363 |
|
blood, blood serum,
or blood plasma.
This
limitation does
not | 364 |
|
apply to the taking of breath or urine
specimens. A
person | 365 |
|
authorized to withdraw blood under
this
division may
refuse to | 366 |
|
withdraw blood
under this division, if in
that person's
opinion, | 367 |
|
the physical welfare of
the person would
be
endangered by the | 368 |
|
withdrawing of blood. | 369 |
| (2) In a criminal prosecution or juvenile court proceeding | 375 |
|
for a violation of division (A) of this section
or for an | 376 |
|
equivalent offense, if there was at the time the
bodily substance | 377 |
|
was
withdrawn a concentration of less than
the
applicable | 378 |
|
concentration of alcohol specified in
divisions (A)(1)(b), (c), | 379 |
|
(d), and (e) of this section or less than the applicable | 380 |
|
concentration of a listed controlled substance or a listed | 381 |
|
metabolite of a controlled substance specified for a violation of | 382 |
|
division (A)(1)(j) of this section, that fact
may be considered | 383 |
|
with other
competent evidence
in determining the guilt or | 384 |
|
innocence of the
defendant. This
division does not limit or
affect | 385 |
|
a criminal
prosecution or
juvenile court proceeding for a | 386 |
|
violation of
division (B) of this
section or
for an equivalent | 387 |
|
offense that
is
substantially
equivalent to
that
division. | 388 |
| If the chemical test was obtained pursuant to division | 393 |
|
(D)(1)(b) of this section, the person tested may have a physician, | 394 |
|
a registered nurse,
or a qualified technician, chemist,
or | 395 |
|
phlebotomist of the
person's own
choosing administer a chemical | 396 |
|
test or tests,
at the
person's
expense, in addition to any | 397 |
|
administered at the request
of a
law enforcement
officer.
The
form | 398 |
|
to be read to the person
to be tested, as required
under
section | 399 |
|
4511.192 of the Revised
Code, shall state that the person
may have | 400 |
|
an
independent test
performed at the person's expense.
The failure | 401 |
|
or
inability to
obtain an additional
chemical test by
a person | 402 |
|
shall not preclude
the admission of
evidence relating to
the | 403 |
|
chemical test or tests
taken at the
request of a
law
enforcement | 404 |
|
officer. | 405 |
| (b) In any criminal prosecution or juvenile court proceeding | 411 |
|
for a violation of division (A) or (B) of this section, of a | 412 |
|
municipal ordinance relating to operating a vehicle while under | 413 |
|
the influence of alcohol, a drug of abuse, or alcohol and a drug | 414 |
|
of abuse, or of a municipal ordinance relating to operating a | 415 |
|
vehicle with a prohibited concentration of alcohol, a controlled | 416 |
|
substance, or a metabolite of a controlled substance in the blood, | 417 |
|
breath, or urine, if a law enforcement officer has administered a | 418 |
|
field sobriety test to the operator of the vehicle involved in the | 419 |
|
violation and if it is shown by clear and convincing evidence that | 420 |
|
the officer administered the test in substantial
compliance with | 421 |
|
the testing standards for any reliable, credible,
and generally | 422 |
|
accepted field sobriety
tests that were in effect at
the time the | 423 |
|
tests were administered, including, but not limited
to, any | 424 |
|
testing standards then in effect that were set by the
national | 425 |
|
highway traffic safety administration, all
of the
following apply: | 426 |
| (E)(1)
Subject to division (E)(3) of
this section,
in any | 445 |
|
criminal prosecution or juvenile court proceeding for a
violation | 446 |
|
of
division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) | 447 |
|
or
(B)(1), (2), (3), or
(4) of this
section or for an equivalent | 448 |
|
offense that is substantially equivalent to any
of those | 449 |
|
divisions, a laboratory report from any
laboratory
personnel | 450 |
|
issued a permit by the department of health authorizing an | 451 |
|
analysis as described in this division that
contains an analysis | 452 |
|
of
the whole blood, blood serum or plasma,
breath, urine, or other | 453 |
|
bodily substance tested and that contains
all of the information | 454 |
|
specified in this division shall be
admitted as prima-facie | 455 |
|
evidence of the information and statements
that the report | 456 |
|
contains. The laboratory report shall contain all
of the | 457 |
|
following: | 458 |
| (2) Notwithstanding any other provision of law regarding the | 476 |
|
admission of
evidence, a report of the type described
in division | 477 |
|
(E)(1) of this section is not admissible against the
defendant to | 478 |
|
whom
it pertains in any proceeding, other than a preliminary | 479 |
|
hearing or a grand
jury proceeding, unless the prosecutor
has | 480 |
|
served a
copy of the report on the defendant's attorney or, if the | 481 |
|
defendant has no attorney, on the defendant. | 482 |
| (3) A report of the type described in division (E)(1) of
this | 483 |
|
section shall not be prima-facie evidence of the contents, | 484 |
|
identity, or amount
of any substance if, within seven days after | 485 |
|
the
defendant to whom the report pertains or the defendant's | 486 |
|
attorney
receives a copy of the report, the defendant or the | 487 |
|
defendant's
attorney demands the testimony of the person who | 488 |
|
signed the
report. The judge in the case may extend the seven-day | 489 |
|
time limit
in the interest of justice. | 490 |
| (F) Except as otherwise provided in this division, any | 491 |
|
physician, registered nurse, or qualified
technician, chemist,
or | 492 |
|
phlebotomist who
withdraws blood from a person pursuant
to this | 493 |
|
section, and any hospital, first-aid station, or clinic
at which | 494 |
|
blood is withdrawn from a person pursuant to this
section, is | 495 |
|
immune from criminal liability and
civil
liability
based upon a | 496 |
|
claim of assault and battery or
any other
claim that is not
a | 497 |
|
claim
of malpractice, for any
act performed in withdrawing blood | 498 |
|
from
the person.
The immunity
provided in this division is not | 499 |
|
available to a
person who
withdraws blood if the person engages in | 500 |
|
willful or wanton
misconduct. | 501 |
| (G)(1) Whoever violates any provision of divisions
(A)(1)(a) | 502 |
|
to
(i) or (A)(2) of this section is
guilty of
operating a vehicle | 503 |
|
under the
influence of alcohol, a drug of abuse, or a
combination | 504 |
|
of them.
Whoever violates division (A)(1)(j) of this section is | 505 |
|
guilty of operating a vehicle while under the influence of a | 506 |
|
listed controlled substance or a listed metabolite of a controlled | 507 |
|
substance. The court shall sentence the offender for either | 508 |
|
offense under
Chapter 2929. of the
Revised Code, except as | 509 |
|
otherwise
authorized or required by
divisions (G)(1)(a)
to (e)
of | 510 |
|
this section: | 511 |
| (i)
If the sentence is being imposed for a violation of | 516 |
|
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 517 |
|
mandatory jail term
of three consecutive days. As used in
this | 518 |
|
division, three consecutive days means seventy-two consecutive | 519 |
|
hours.
The court
may sentence an offender to both an
intervention | 520 |
|
program and a jail term. The court may impose a jail
term in | 521 |
|
addition to the three-day mandatory jail term or intervention | 522 |
|
program. However,
in no case shall the cumulative jail term | 523 |
|
imposed for the offense
exceed six months. | 524 |
| The court may suspend the execution of the
three-day jail | 525 |
|
term under this division if the court, in lieu of that
suspended | 526 |
|
term, places the offender under a community control sanction | 527 |
|
pursuant to section 2929.25 of the Revised Code and requires the | 528 |
|
offender
to
attend, for three consecutive days, a
drivers' | 529 |
|
intervention
program certified under section 3793.10 of the | 530 |
|
Revised Code.
The
court also may suspend the execution of any | 531 |
|
part of the
three-day
jail term under this division if it places | 532 |
|
the offender under a community control sanction pursuant to | 533 |
|
section 2929.25 of the Revised Code for part of the three days, | 534 |
|
requires the offender to
attend for the suspended part of the term | 535 |
|
a drivers' intervention
program so certified, and sentences the | 536 |
|
offender to a jail term
equal to the remainder of the three | 537 |
|
consecutive days that the
offender does not spend attending the | 538 |
|
program. The court may
require the offender, as a condition of | 539 |
|
community control and in addition
to the required attendance at a | 540 |
|
drivers' intervention program, to
attend and satisfactorily | 541 |
|
complete any treatment or education
programs that comply with the | 542 |
|
minimum standards adopted pursuant
to Chapter 3793. of the Revised | 543 |
|
Code by the director of alcohol
and drug addiction services that | 544 |
|
the operators of the drivers'
intervention program determine that | 545 |
|
the offender should attend and
to report periodically to the court | 546 |
|
on the offender's progress in
the programs. The court also may | 547 |
|
impose on the offender any other
conditions of community control | 548 |
|
that it considers necessary. | 549 |
| (ii)
If the sentence is being imposed for a violation of | 550 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 551 |
|
section, except as
otherwise provided in
this division, a | 552 |
|
mandatory jail term of at
least three consecutive
days and a | 553 |
|
requirement that the offender
attend, for three
consecutive days, | 554 |
|
a drivers' intervention
program that is
certified pursuant to | 555 |
|
section 3793.10 of the
Revised Code. As
used in this division, | 556 |
|
three consecutive days
means seventy-two consecutive
hours. If the | 557 |
|
court determines that
the offender is not
conducive to treatment | 558 |
|
in a drivers'
intervention program, if the
offender refuses to | 559 |
|
attend a drivers'
intervention program, or if the jail at
which | 560 |
|
the offender is to
serve the jail term imposed can provide a | 561 |
|
driver's intervention
program, the court shall sentence the | 562 |
|
offender to a mandatory jail
term of at least six consecutive | 563 |
|
days. | 564 |
| The court may require the offender, under a community control | 565 |
|
sanction imposed under section 2929.25 of the Revised Code,
to | 566 |
|
attend and satisfactorily complete any treatment or
education | 567 |
|
programs that comply with the minimum standards adopted
pursuant | 568 |
|
to
Chapter 3793. of the Revised Code by the director of
alcohol | 569 |
|
and drug addiction services, in addition to the required | 570 |
|
attendance at
drivers' intervention program, that the operators of | 571 |
|
the drivers' intervention
program determine that
the offender | 572 |
|
should attend and to report periodically to the court
on the | 573 |
|
offender's progress in the programs. The court also may
impose
any | 574 |
|
other conditions of community control on the offender that it | 575 |
|
considers necessary. | 576 |
| (i)
If the sentence is being imposed for a violation of | 592 |
|
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 593 |
|
mandatory jail term
of ten consecutive days. The court
shall | 594 |
|
impose the ten-day mandatory jail term under this division unless, | 595 |
|
subject to division (G)(3) of this section, it instead
imposes a | 596 |
|
sentence under that division consisting of both a jail term and a | 597 |
|
term of
house arrest with electronic monitoring, with continuous | 598 |
|
alcohol monitoring, or with both electronic monitoring and | 599 |
|
continuous alcohol monitoring. The court may
impose a
jail term in | 600 |
|
addition to the
ten-day mandatory jail term.
The
cumulative jail | 601 |
|
term imposed for the offense shall not exceed
six
months. | 602 |
| In addition to the jail term or the term of house arrest with | 603 |
|
electronic monitoring or continuous alcohol monitoring or both | 604 |
|
types of monitoring and jail term, the court may require the | 605 |
|
offender
to attend a drivers' intervention program that is | 606 |
|
certified pursuant to
section 3793.10 of the Revised Code. If the | 607 |
|
operator of the
program determines that the offender is alcohol | 608 |
|
dependent, the
program shall notify the court, and, subject to | 609 |
|
division (I) of
this section, the court shall order the offender | 610 |
|
to obtain treatment through
an alcohol and drug
addiction program | 611 |
|
authorized by section 3793.02 of the Revised
Code. | 612 |
| (ii)
If the sentence is being imposed for a violation of | 613 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 614 |
|
section, except as
otherwise provided in
this division, a | 615 |
|
mandatory jail term of
twenty consecutive days. The court
shall | 616 |
|
impose the twenty-day
mandatory jail term under
this division | 617 |
|
unless, subject to
division (G)(3) of this section,
it instead | 618 |
|
imposes a sentence
under that division
consisting of both a jail | 619 |
|
term and a term of
house arrest with electronic monitoring, with | 620 |
|
continuous alcohol monitoring, or with both electronic monitoring | 621 |
|
and continuous alcohol monitoring. The court may impose a
jail | 622 |
|
term in
addition to the twenty-day
mandatory jail term. The | 623 |
|
cumulative
jail term imposed for the offense shall
not exceed six | 624 |
|
months. | 625 |
| In addition to the jail term or the term of house arrest with | 626 |
|
electronic monitoring or continuous alcohol monitoring or both | 627 |
|
types of monitoring and jail term, the court may require the | 628 |
|
offender
to attend a driver's intervention program that is | 629 |
|
certified pursuant to
section 3793.10 of the Revised Code. If the | 630 |
|
operator of the
program determines that the offender is alcohol | 631 |
|
dependent, the
program shall notify the court, and, subject to | 632 |
|
division (I) of
this section, the court shall order the offender | 633 |
|
to obtain
treatment through an alcohol and drug addiction program | 634 |
|
authorized
by section 3793.02 of the Revised Code. | 635 |
| (iv)
In all cases, a class four license suspension of the | 640 |
|
offender's driver's
license, commercial driver's license, | 641 |
|
temporary instruction permit,
probationary license, or nonresident | 642 |
|
operating privilege from the range
specified in division (A)(4) of | 643 |
|
section 4510.02 of
the Revised Code. The court may grant limited | 644 |
|
driving
privileges relative to the suspension under sections | 645 |
|
4510.021 and 4510.13 of
the Revised Code. | 646 |
| (i)
If the sentence is being imposed for a violation of | 658 |
|
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 659 |
|
mandatory jail term
of thirty consecutive days. The court
shall | 660 |
|
impose the thirty-day mandatory jail term under this division | 661 |
|
unless, subject to division (G)(3) of this section, it
instead | 662 |
|
imposes a sentence under that division consisting of both a jail | 663 |
|
term and a term of
house arrest with electronic monitoring, with | 664 |
|
continuous alcohol monitoring, or with both electronic monitoring | 665 |
|
and continuous alcohol monitoring. The
court may impose a
jail | 666 |
|
term in addition to the
thirty-day
mandatory jail term. | 667 |
|
Notwithstanding the jail terms
set
forth in sections 2929.21 to | 668 |
|
2929.28 of the Revised Code, the additional
jail
term shall not | 669 |
|
exceed one year, and the cumulative jail term
imposed
for the | 670 |
|
offense shall not exceed
one year. | 671 |
| (ii)
If the sentence is being imposed for a violation of | 672 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 673 |
|
section, a mandatory
jail term of
sixty
consecutive days. The | 674 |
|
court shall impose the
sixty-day mandatory jail
term under this | 675 |
|
division unless, subject
to division (G)(3)
of this section, it | 676 |
|
instead imposes a sentence
under that division
consisting of both | 677 |
|
a jail term
and a term of
house arrest with electronic monitoring, | 678 |
|
with continuous alcohol monitoring, or with both electronic | 679 |
|
monitoring and continuous alcohol monitoring. The court may impose | 680 |
|
a
jail term in
addition to the sixty-day mandatory jail term.
| 681 |
|
Notwithstanding
the jail terms set forth in sections 2929.21 to | 682 |
|
2929.28 of the
Revised Code, the additional jail term shall
not | 683 |
|
exceed one year,
and the cumulative jail term imposed for the | 684 |
|
offense
shall not
exceed one year. | 685 |
| (iv)
In all cases, a class three license suspension of the | 690 |
|
offender's driver's
license, commercial driver's license, | 691 |
|
temporary instruction permit,
probationary license, or nonresident | 692 |
|
operating privilege from the range
specified in division (A)(3) of | 693 |
|
section 4510.02 of the
Revised Code. The court may grant limited | 694 |
|
driving
privileges
relative to the suspension under sections | 695 |
|
4510.021 and 4510.13 of the
Revised Code. | 696 |
| (d)
Except as otherwise provided in division
(G)(1)(e)
of | 706 |
|
this section, an offender who, within six
years of the offense, | 707 |
|
previously has been
convicted of or pleaded guilty to three or
| 708 |
|
four violations of division
(A) or (B) of this section or other | 709 |
|
equivalent offenses or an offender who, within twenty years of the | 710 |
|
offense, previously has been convicted of or pleaded guilty to | 711 |
|
five or more violations of that nature is
guilty of a felony of | 712 |
|
the fourth degree.
The court shall
sentence the offender to all of | 713 |
|
the following: | 714 |
| (i)
If the sentence is being imposed for a violation of | 715 |
|
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 716 |
|
mandatory prison term of one, two, three, four, or five years as | 717 |
|
required by and in accordance with division (G)(2) of section | 718 |
|
2929.13 of the Revised Code if the offender also is convicted of | 719 |
|
or also pleads guilty to a specification of the type described in | 720 |
|
section 2941.1413 of the Revised Code or, in the
discretion of
the | 721 |
|
court, either a mandatory term of local
incarceration of sixty | 722 |
|
consecutive
days in accordance with
division (G)(1) of section | 723 |
|
2929.13 of the Revised Code or a
mandatory prison term of sixty | 724 |
|
consecutive days in
accordance
with division (G)(2) of that | 725 |
|
section if the offender is not convicted of and does not plead | 726 |
|
guilty to a specification of that type. If the
court
imposes a | 727 |
|
mandatory term of local incarceration, it may impose a
jail
term | 728 |
|
in addition to the sixty-day mandatory term, the
cumulative total | 729 |
|
of the mandatory
term and the jail term for the
offense
shall not | 730 |
|
exceed one year, and, except as provided in division (A)(1) of | 731 |
|
section 2929.13 of the Revised Code, no prison term is
authorized | 732 |
|
for the
offense. If the court imposes a mandatory
prison term, | 733 |
|
notwithstanding
division (A)(4) of section 2929.14 of
the Revised | 734 |
|
Code, it also may sentence the offender to a definite
prison term | 735 |
|
that shall be not less than six months and not more
than thirty | 736 |
|
months and the
prison terms shall be imposed as described
in | 737 |
|
division (G)(2) of
section 2929.13 of the Revised Code. If the | 738 |
|
court imposes a mandatory prison term or mandatory prison term and | 739 |
|
additional prison term, in addition to the term or terms so | 740 |
|
imposed, the court also may sentence the offender to a community | 741 |
|
control sanction for the offense, but the offender shall serve all | 742 |
|
of the prison terms so imposed prior to serving the community | 743 |
|
control sanction. | 744 |
| (ii)
If the sentence is being imposed for a violation of | 745 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 746 |
|
section, a mandatory prison term of one, two, three, four, or five | 747 |
|
years as required by and in accordance with division (G)(2) of | 748 |
|
section 2929.13 of the Revised Code if the offender also is | 749 |
|
convicted of or also pleads guilty to a specification of the type | 750 |
|
described in section 2941.1413 of the Revised Code or, in the | 751 |
|
discretion of the
court, either a mandatory term of local | 752 |
|
incarceration of one
hundred twenty consecutive days in accordance | 753 |
|
with division (G)(1)
of section 2929.13 of the Revised Code or a | 754 |
|
mandatory prison
term of one hundred twenty consecutive days in | 755 |
|
accordance with division
(G)(2) of that section if the offender is | 756 |
|
not convicted of and does not plead guilty to a specification of | 757 |
|
that type. If the court
imposes a mandatory
term of local | 758 |
|
incarceration, it may impose a
jail term in addition to the one | 759 |
|
hundred twenty-day mandatory
term, the cumulative total of the | 760 |
|
mandatory term
and the jail term
for
the offense shall not exceed | 761 |
|
one year, and, except as provided in division (A)(1) of section | 762 |
|
2929.13 of the Revised Code, no prison term is
authorized for the | 763 |
|
offense. If the court imposes a mandatory
prison term, | 764 |
|
notwithstanding division (A)(4) of section 2929.14 of
the Revised | 765 |
|
Code,
it also may sentence the offender to a definite
prison term | 766 |
|
that shall be not
less than six months and not more
than thirty | 767 |
|
months and the prison terms shall
be imposed as described
in | 768 |
|
division (G)(2) of section 2929.13 of the Revised Code. If the | 769 |
|
court imposes a mandatory prison term or mandatory prison term and | 770 |
|
additional prison term, in addition to the term or terms so | 771 |
|
imposed, the court also may sentence the offender to a community | 772 |
|
control sanction for the offense, but the offender shall serve all | 773 |
|
of the prison terms so imposed prior to serving the community | 774 |
|
control sanction. | 775 |
| (iv)
In all cases, a class two license suspension of the | 779 |
|
offender's driver's
license, commercial driver's license, | 780 |
|
temporary instruction permit,
probationary license, or nonresident | 781 |
|
operating privilege from the range
specified in division (A)(2) of | 782 |
|
section 4510.02 of the
Revised Code. The court may grant limited | 783 |
|
driving
privileges
relative to the suspension under sections | 784 |
|
4510.021 and 4510.13 of the
Revised Code. | 785 |
| (vii)
In all cases, if the court sentences the offender to a | 795 |
|
mandatory term of local incarceration, in addition to the | 796 |
|
mandatory term, the
court, pursuant to section 2929.17 of the | 797 |
|
Revised Code,
may impose a term
of house
arrest with electronic | 798 |
|
monitoring. The term shall not
commence until after the
offender | 799 |
|
has
served the mandatory term of local incarceration. | 800 |
| (i)
If the offender is being sentenced for a violation of | 807 |
|
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 808 |
|
mandatory prison term of one, two, three, four, or five years as | 809 |
|
required by and in accordance with division (G)(2) of section | 810 |
|
2929.13 of the Revised Code if the offender also is convicted of | 811 |
|
or also pleads guilty to a specification of the type described in | 812 |
|
section 2941.1413 of the Revised Code or a
mandatory
prison term | 813 |
|
of sixty consecutive days in
accordance with
division (G)(2) of | 814 |
|
section 2929.13 of the Revised Code if the offender is not | 815 |
|
convicted of and does not plead guilty to a specification of that | 816 |
|
type. The court
may impose a prison term in
addition to the | 817 |
|
mandatory
prison term. The cumulative
total of
a sixty-day | 818 |
|
mandatory prison term
and the additional prison term for the | 819 |
|
offense shall
not exceed
five years. In addition to the mandatory | 820 |
|
prison term or mandatory prison term and additional prison term | 821 |
|
the court imposes, the court also may sentence the offender to a | 822 |
|
community
control sanction for the
offense, but the offender | 823 |
|
shall serve all of the prison terms so imposed prior to serving | 824 |
|
the community control sanction. | 825 |
| (ii)
If the sentence is being imposed for a violation of | 826 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 827 |
|
section, a mandatory prison term of one, two, three, four, or five | 828 |
|
years as required by and in accordance with division (G)(2) of | 829 |
|
section 2929.13 of the Revised Code if the offender also is | 830 |
|
convicted of or also pleads guilty to a specification of the type | 831 |
|
described in section 2941.1413 of the Revised Code or a mandatory | 832 |
|
prison term of
one
hundred twenty consecutive days in accordance | 833 |
|
with division (G)(2)
of section 2929.13 of the Revised Code if the | 834 |
|
offender is not convicted of and does not plead guilty to a | 835 |
|
specification of that type. The
court may
impose a prison term in | 836 |
|
addition to the mandatory
prison term. The cumulative total of a | 837 |
|
one hundred twenty-day
mandatory prison term and
the additional | 838 |
|
prison term for the
offense shall not exceed five
years. In | 839 |
|
addition to the mandatory prison term or mandatory prison term and | 840 |
|
additional prison term the court imposes, the court also may | 841 |
|
sentence the offender to a community
control sanction for the | 842 |
|
offense, but the offender shall serve all of the prison terms so | 843 |
|
imposed prior to serving the community control sanction. | 844 |
| (iv)
In all cases, a class two license suspension of the | 848 |
|
offender's driver's
license, commercial driver's license, | 849 |
|
temporary instruction permit,
probationary license, or nonresident | 850 |
|
operating privilege from the range
specified in division (A)(2) of | 851 |
|
section 4510.02 of the
Revised Code. The court may grant limited | 852 |
|
driving
privileges
relative to the suspension under sections | 853 |
|
4510.021 and 4510.13 of the
Revised Code. | 854 |
| (3) If an offender is sentenced to a jail term under
division | 871 |
|
(G)(1)(b)(i)
or (ii)
or
(G)(1)(c)(i)
or (ii)
of this
section and | 872 |
|
if,
within sixty days of
sentencing of the offender,
the court | 873 |
|
issues a written finding on the record
that, due to the | 874 |
|
unavailability of space at the
jail where the offender is required | 875 |
|
to serve the term, the offender will not
be able to begin serving | 876 |
|
that term within the
sixty-day period following the date of | 877 |
|
sentencing, the court may
impose an alternative sentence under | 878 |
|
this division that includes a
term of house arrest with electronic | 879 |
|
monitoring, with continuous alcohol monitoring, or with both | 880 |
|
electronic monitoring and continuous alcohol monitoring. | 881 |
| As an alternative to a mandatory jail term of ten consecutive | 882 |
|
days
required by division (G)(1)(b)(i) of this
section, the court, | 883 |
|
under this division, may sentence the
offender to five consecutive | 884 |
|
days in jail and not less than eighteen consecutive days of house | 885 |
|
arrest with electronic monitoring, with continuous alcohol | 886 |
|
monitoring, or with both electronic monitoring and continuous | 887 |
|
alcohol monitoring. The cumulative total of
the five consecutive | 888 |
|
days in
jail and the period of house arrest with electronic | 889 |
|
monitoring, continuous alcohol monitoring, or both types of | 890 |
|
monitoring shall
not exceed six months. The five
consecutive days | 891 |
|
in jail do not
have to be served prior to or
consecutively to the | 892 |
|
period of house
arrest. | 893 |
| As an alternative to the mandatory jail term of twenty | 894 |
|
consecutive
days required by division (G)(1)(b)(ii)
of
this | 895 |
|
section, the
court, under this division, may sentence the offender | 896 |
|
to ten consecutive days
in jail and not less than thirty-six | 897 |
|
consecutive days of
house arrest with electronic monitoring, with | 898 |
|
continuous alcohol monitoring, or with both electronic monitoring | 899 |
|
and continuous alcohol monitoring. The
cumulative total of the ten | 900 |
|
consecutive days in
jail and the
period of house arrest with | 901 |
|
electronic monitoring, continuous alcohol monitoring, or both | 902 |
|
types of monitoring shall
not exceed
six months. The ten | 903 |
|
consecutive days in jail do not
have to be
served prior to or | 904 |
|
consecutively to the period of house
arrest. | 905 |
| As an alternative to a mandatory jail term of thirty | 906 |
|
consecutive
days required by division (G)(1)(c)(i) of
this | 907 |
|
section, the court,
under this division, may sentence the offender | 908 |
|
to fifteen consecutive days in
jail and not less than fifty-five | 909 |
|
consecutive days of house arrest with electronic monitoring, with | 910 |
|
continuous alcohol monitoring, or with both electronic monitoring | 911 |
|
and continuous alcohol monitoring. The
cumulative total of the | 912 |
|
fifteen
consecutive days in jail and the
period of house arrest | 913 |
|
with electronic monitoring, continuous alcohol monitoring, or both | 914 |
|
types of monitoring shall not exceed
one year. The fifteen | 915 |
|
consecutive days in jail
do not have to be
served prior to or | 916 |
|
consecutively to the period of house arrest. | 917 |
| As an alternative to the mandatory jail term of sixty | 918 |
|
consecutive
days required by division (G)(1)(c)(ii)
of
this | 919 |
|
section, the
court, under this division, may sentence the offender | 920 |
|
to thirty
consecutive days in jail and not less than one hundred | 921 |
|
ten
consecutive days of house arrest with electronic monitoring, | 922 |
|
with continuous alcohol monitoring, or with both electronic | 923 |
|
monitoring and continuous alcohol monitoring.
The
cumulative total | 924 |
|
of the thirty consecutive days in jail and
the
period of house | 925 |
|
arrest with electronic monitoring, continuous alcohol monitoring, | 926 |
|
or both types of monitoring shall not
exceed
one year. The thirty | 927 |
|
consecutive days in jail do not have
to be
served prior to or | 928 |
|
consecutively to the period of house
arrest. | 929 |
| (4) If an offender's driver's or occupational driver's | 930 |
|
license or
permit or nonresident operating privilege is suspended | 931 |
|
under division
(G) of this
section and if section 4510.13 of the | 932 |
|
Revised Code permits the
court to grant limited driving | 933 |
|
privileges, the court may
grant the limited driving privileges
in | 934 |
|
accordance with that section. If division (A)(7) of that section | 935 |
|
requires that the court impose as a condition of the
privileges | 936 |
|
that the
offender must display on the vehicle that is
driven | 937 |
|
subject to the privileges
restricted license plates that
are | 938 |
|
issued under section 4503.231 of the Revised Code, except
as | 939 |
|
provided in division (B) of that section, the court shall impose | 940 |
|
that condition as one of the conditions of the limited driving | 941 |
|
privileges granted to the offender, except as provided in division | 942 |
|
(B) of section 4503.231 of the Revised Code. | 943 |
| (a)
Twenty-five dollars of the fine imposed under division | 946 |
|
(G)(1)(a)(iii), thirty-five
dollars of the fine imposed under | 947 |
|
division
(G)(1)(b)(iii), one
hundred twenty-three dollars of the | 948 |
|
fine imposed under division
(G)(1)(c)(iii),
and two hundred
ten | 949 |
|
dollars of the fine imposed under division
(G)(1)(d)(iii) or | 950 |
|
(e)(iii)
of this section shall be paid to an enforcement
and | 951 |
|
education fund established by the legislative authority of the law | 952 |
|
enforcement
agency in this state that primarily was responsible | 953 |
|
for the arrest of the
offender, as determined by the court that | 954 |
|
imposes the fine. The agency shall
use this share to pay only | 955 |
|
those costs it incurs in
enforcing this section or a municipal OVI | 956 |
|
ordinance
and in informing the public of the laws governing the | 957 |
|
operation of
a vehicle while under the influence of alcohol, the | 958 |
|
dangers of
the operation of a vehicle under the influence of | 959 |
|
alcohol, and other
information relating to the operation of a | 960 |
|
vehicle under the influence of
alcohol and the consumption of | 961 |
|
alcoholic beverages. | 962 |
| (b)
Fifty dollars of the fine imposed under division | 963 |
|
(G)(1)(a)(iii)
of
this section shall be paid to the political | 964 |
|
subdivision that pays the cost of
housing the offender during the | 965 |
|
offender's term of incarceration. If the
offender is being | 966 |
|
sentenced for a violation of division (A)(1)(a), (b), (c), (d), | 967 |
|
(e), or (j) of this section and was confined as a result of the | 968 |
|
offense
prior to being
sentenced for the offense but is not | 969 |
|
sentenced to a
term of incarceration, the
fifty dollars shall
be | 970 |
|
paid to the
political subdivision that paid the cost of housing | 971 |
|
the offender
during that period of confinement. The political | 972 |
|
subdivision
shall use the share under this division to pay or | 973 |
|
reimburse
incarceration or treatment costs it incurs in housing or | 974 |
|
providing
drug and alcohol treatment to persons who violate this | 975 |
|
section or
a municipal OVI ordinance, costs of any immobilizing or | 976 |
|
disabling
device used on the offender's vehicle, and costs of | 977 |
|
electronic
house
arrest equipment
needed for persons who violate | 978 |
|
this
section. | 979 |
| (d)
One hundred fifteen dollars of the fine imposed under | 987 |
|
division
(G)(1)(b)(iii),
two hundred seventy-seven
dollars of the | 988 |
|
fine imposed under division
(G)(1)(c)(iii),
and four hundred forty | 989 |
|
dollars of the fine imposed under division
(G)(1)(d)(iii) or | 990 |
|
(e)(iii)
of this section shall be paid to the political | 991 |
|
subdivision
that pays the cost of housing the offender during the | 992 |
|
offender's term of
incarceration. The political subdivision shall | 993 |
|
use
this share to pay or reimburse incarceration or treatment | 994 |
|
costs it incurs in
housing or providing drug and alcohol treatment | 995 |
|
to persons who
violate this section or a municipal OVI ordinance, | 996 |
|
costs for any
immobilizing or disabling device used on the | 997 |
|
offender's vehicle, and costs of electronic house arrest equipment | 998 |
|
needed for
persons who violate this section. | 999 |
| (e)
Seventy-five dollars of the fine imposed under division | 1000 |
|
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine | 1001 |
|
imposed under division (G)(1)(b)(iii), two hundred fifty dollars | 1002 |
|
of the fine imposed under division (G)(1)(c)(iii), and five | 1003 |
|
hundred dollars of the fine imposed under division (G)(1)(d)(iii) | 1004 |
|
or (e)(iii) of this section shall be transmitted to the treasurer | 1005 |
|
of state for deposit into the indigent defense support fund | 1006 |
|
established under section 120.08 of the Revised Code. | 1007 |
| (6) If title to a motor vehicle that is subject to an order | 1011 |
|
of criminal forfeiture under division (G)(1)(c), (d), or (e) of | 1012 |
|
this section is assigned or transferred and division (B)(2) or (3) | 1013 |
|
of section 4503.234 of the Revised Code applies, in addition to or | 1014 |
|
independent of any other penalty established by law, the court may | 1015 |
|
fine the offender the value of the vehicle as determined by | 1016 |
|
publications of the national auto dealers association. The | 1017 |
|
proceeds of any fine so imposed shall be distributed in accordance | 1018 |
|
with division (C)(2) of that section. | 1019 |
| (1) Except as otherwise provided in division (H)(2) of this | 1027 |
|
section, the offender is guilty of a misdemeanor of the fourth | 1028 |
|
degree. In
addition to any other sanction imposed for the
offense, | 1029 |
|
the court shall impose a class six suspension of the
offender's | 1030 |
|
driver's license, commercial driver's license,
temporary | 1031 |
|
instruction permit,
probationary license, or nonresident
operating | 1032 |
|
privilege from the range
specified in division (A)(6) of
section | 1033 |
|
4510.02 of the Revised Code. | 1034 |
| (2) If, within one year of the offense, the offender | 1035 |
|
previously
has been convicted of or pleaded guilty to one or more | 1036 |
|
violations of
division (A) or (B) of this section or other | 1037 |
|
equivalent
offenses, the
offender is guilty of a
misdemeanor of | 1038 |
|
the third degree. In addition to any
other
sanction imposed
for | 1039 |
|
the offense, the court shall impose a class
four suspension of the | 1040 |
|
offender's driver's license, commercial
driver's license, | 1041 |
|
temporary
instruction permit, probationary
license, or nonresident | 1042 |
|
operating privilege
from the range
specified in division (A)(4) of | 1043 |
|
section 4510.02 of the Revised
Code. | 1044 |
| (2) An offender who stays in a drivers' intervention program | 1056 |
|
or in an
alcohol treatment program under
an order issued under | 1057 |
|
this section shall pay the cost of the stay in the
program. | 1058 |
|
However, if the court determines that an offender who stays in an | 1059 |
|
alcohol treatment program under an order issued under this section | 1060 |
|
is unable
to
pay the cost of the stay in the program, the court | 1061 |
|
may order that the cost be
paid from the court's
indigent drivers' | 1062 |
|
alcohol treatment fund. | 1063 |
| (K)
Division (A)(1)(j) of this section does not apply to a | 1069 |
|
person who operates a vehicle, streetcar, or trackless trolley | 1070 |
|
while the person has a concentration of a listed controlled | 1071 |
|
substance or a listed metabolite of a controlled substance in the | 1072 |
|
person's whole blood, blood serum or plasma, or urine that equals | 1073 |
|
or exceeds the amount specified in that division, if both of the | 1074 |
|
following apply: | 1075 |
Sec. 4519.59. (A) The(1) If a clerk of
a court of common | 1102 |
|
pleas
who also serves as a deputy registrar under section 4503.03 | 1103 |
|
or 4503.036 of the Revised Code determines that additional funds | 1104 |
|
are required to sustain the processing of titles by the clerk, the | 1105 |
|
clerk may impose and charge an additional fee of five dollars for | 1106 |
|
each certificate of title, memorandum certificate of title, | 1107 |
|
non-negotiable evidence of ownership, and duplicate copy of a | 1108 |
|
certificate of title issued and for each notation or indication | 1109 |
|
of any lien or security interest on a certificate of title. The | 1110 |
|
clerk shall retain these fees. | 1111 |
| (2) In addition to those fees, if applicable, a clerk shall
| 1112 |
|
charge a fee
of five dollars for each certificate of
title,
| 1113 |
|
duplicate certificate
of title, memorandum certificate of
title, | 1114 |
|
authorization to print
a non-negotiable evidence of
ownership
| 1115 |
|
described in division (D) of section 4519.58 of the
Revised Code, | 1116 |
|
non-negotiable evidence of ownership printed by the
clerk under | 1117 |
|
division (E) of that section,
and
notation of
any
lien on a
| 1118 |
|
certificate of title. The clerk shall
retain two
dollars and | 1119 |
|
twenty-five
cents
of the fee charged for
each
certificate of | 1120 |
|
title, four dollars and
seventy-five
cents
of the
fee charged for | 1121 |
|
each duplicate certificate of title,
all
of the
fees charged for | 1122 |
|
each memorandum certificate,
authorization to
print a | 1123 |
|
non-negotiable evidence of ownership, or non-negotiable
evidence | 1124 |
|
of ownership printed by the clerk,
and four dollars and
| 1125 |
|
twenty-five cents of the fee charged for
each notation of a lien. | 1126 |
| The remaining two dollars and seventy-five cents charged for
| 1127 |
|
the
certificate of title, the remaining twenty-five cents charged
| 1128 |
|
for the
duplicate
certificate of title, and the remaining
| 1129 |
|
seventy-five cents charged
for the notation of any lien on a
| 1130 |
|
certificate of title shall be paid to the
registrar of motor
| 1131 |
|
vehicles by monthly returns, which shall be forwarded to
the
| 1132 |
|
registrar not later than the fifth day of the month next
| 1133 |
|
succeeding that in
which the certificate is forwarded or that in
| 1134 |
|
which the registrar is notified
of a lien or cancellation
of a | 1135 |
|
lien. | 1136 |