(A) "Cancel" or "cancellation" means the annulment or
| 11 |
termination
by the bureau of motor vehicles of a driver's license,
| 12 |
commercial driver's
license, temporary instruction permit,
| 13 |
probationary
license, or nonresident operating privilege because
| 14 |
it was
obtained unlawfully, issued in error, altered, or willfully
| 15 |
destroyed, or because the holder no longer is entitled to the
| 16 |
license, permit, or privilege.
| 17 |
(C) "Ignition interlock device" means a device approved by
| 20 |
the
director of public safety that connects a breath analyzer to a
| 21 |
motor vehicle's
ignition system, that is constantly available to
| 22 |
monitor the concentration by weight of alcohol in the breath of
| 23 |
any person attempting to start that motor vehicle by using its
| 24 |
ignition system, and that deters starting the motor vehicle by use
| 25 |
of its ignition system unless the person attempting to start the
| 26 |
vehicle provides an appropriate breath sample for the device and
| 27 |
the device determines that the concentration by weight of alcohol
| 28 |
in the person's breath is below a preset level.
| 29 |
(E) "Moving violation" means any violation of any statute or
| 38 |
ordinance that regulates the operation of vehicles, streetcars, or
| 39 |
trackless
trolleys on the highways or streets. "Moving
violation"
| 40 |
does not include a violation of section 4511.204 or 4513.263 of
| 41 |
the
Revised
Code or a substantially equivalent municipal
| 42 |
ordinance, a
violation of any statute or ordinance regulating
| 43 |
pedestrians or
the parking of vehicles, vehicle size or load
| 44 |
limitations, vehicle
fitness requirements, or vehicle
| 45 |
registration.
| 46 |
(H) "Suspend" or "suspension" means the permanent or
| 52 |
temporary
withdrawal, by action of a court or the bureau of motor
| 53 |
vehicles, of a
driver's
license, commercial driver's license,
| 54 |
temporary instruction
permit, probationary license, or nonresident
| 55 |
operating privilege
for the period of the suspension or the
| 56 |
permanent or temporary
withdrawal of the privilege to obtain a
| 57 |
license, permit, or
privilege of that type for the period of the
| 58 |
suspension.
| 59 |
(C) Notwithstanding any provision of law to the contrary, no
| 75 |
law enforcement officer shall cause an operator of an automobile
| 76 |
being operated on any street or highway to stop the automobile for
| 77 |
the sole purpose of determining whether a violation of division
| 78 |
(A) of this section has been or is being committed or for the sole
| 79 |
purpose of issuing a ticket, citation, or summons for a violation
| 80 |
of that nature or causing the arrest of or commencing a
| 81 |
prosecution of a person for a violation of that nature, and no law
| 82 |
enforcement officer shall view the interior or visually inspect
| 83 |
any automobile being operated on any street or highway for the
| 84 |
sole purpose of determining whether a violation of that nature has
| 85 |
been or is being committed. | 86 |
(2)(a) Whenever a law enforcement officer issues a ticket,
| 89 |
citation, or summons to an offender charging the offender with a
| 90 |
violation of this section, the officer shall indicate on the
| 91 |
ticket, citation, or summons if at the time of the violation the
| 92 |
offender was involved in a motor vehicle accident with another
| 93 |
motor vehicle, a pedestrian, or any object. If the law enforcement
| 94 |
officer makes such an indication on the ticket, citation, or
| 95 |
summons, the offender is not permitted to enter a written plea of
| 96 |
guilty and waive the offender's right to contest the citation in a
| 97 |
trial but instead shall appear in person in the proper court to
| 98 |
answer the charge; in all other circumstances, the offender may
| 99 |
enter a written plea of guilty and waive the right to contest the
| 100 |
citation in a trial. | 101 |
(b) If the trier of fact finds that the offender was involved
| 102 |
in a motor vehicle accident at the time of the violation of this
| 103 |
section, the court, in addition to any other penalties it is
| 104 |
required or permitted by law to impose, shall impose a class seven
| 105 |
license suspension of the offender's driver's license, commercial
| 106 |
driver's license, temporary instruction permit, probationary
| 107 |
license, or nonresident operating privilege and shall impose the
| 108 |
suspension for six months. | 109 |