| Sec. 4510.31. (A)(1) Except as provided in
division (C)
of | 7 |
|
this section, the registrar of motor vehicles
shall suspend the | 8 |
|
probationary driver's license, restricted
license,
or temporary | 9 |
|
instruction permit issued to any
person when
the person
has been | 10 |
|
convicted of, pleaded guilty to, or been
adjudicated in
juvenile | 11 |
|
court of having committed, prior to the
person's eighteenth | 12 |
|
birthday, any of the following: | 13 |
| (a) Three separate violations of
section 2903.06,
2903.08, | 14 |
|
2921.331, 4511.12, 4511.13,
4511.15, 4511.191,
4511.20, 4511.201, | 15 |
|
4511.202,
4511.21, 4511.22, 4511.23, 4511.25 to
4511.48, 4511.57 | 16 |
|
to
4511.65, 4511.75, 4549.02, 4549.021, or
4549.03 of the Revised | 17 |
|
Code,
section 4510.14 of the Revised Code
involving a
suspension | 18 |
|
imposed under section 4511.191 or 4511.196
of the Revised
Code, | 19 |
|
section 2903.04 of the
Revised Code in a case
in
which the
person | 20 |
|
would have been subject to the sanctions
described in
division (D) | 21 |
|
of that section had the person been
convicted of
the
violation of | 22 |
|
that section, former section 2903.07
of the Revised Code, or any | 23 |
|
municipal ordinances similarly
relating to the offenses referred | 24 |
|
to in those
sections; | 25 |
| (2) Any person whose license or permit is suspended under | 32 |
|
division
(A)(1)(a),
(b), or
(c) of
this section shall mail
or | 33 |
|
deliver the person's probationary
driver's
license, restricted | 34 |
|
license, or temporary
instruction permit to the registrar within | 35 |
|
fourteen
days of notification of the suspension. The registrar | 36 |
|
shall
retain the license or permit during the period of the | 37 |
|
suspension. A
suspension pursuant to division (A)(1)(a) of this | 38 |
|
section shall
be a class C
suspension, a
suspension
pursuant to | 39 |
|
division (A)(1)(b) of this
section shall
be a class D suspension, | 40 |
|
and a
suspension pursuant to division
(A)(1)(c) of this section | 41 |
|
shall
be a class E suspension, all for the periods
of
time | 42 |
|
specified in division (B) of section 4510.02 of the
Revised
Code. | 43 |
|
If the person's probationary
driver's license, restricted
license, | 44 |
|
or temporary
instruction permit is under suspension on
the
date | 45 |
|
the court imposes sentence upon the person for a
violation | 46 |
|
described in division (A)(1)(b) of this section, the
suspension | 47 |
|
shall take effect on the next day immediately following
the end
of | 48 |
|
that period of suspension. If the person is sixteen
years of
age | 49 |
|
or older and pleads guilty to or is convicted of a
violation | 50 |
|
described in division (A)(1)(b) of this section and
the
person | 51 |
|
does not have
a current, valid probationary driver's
license, | 52 |
|
restricted
license, or temporary instruction permit, the
registrar | 53 |
|
shall
deny the issuance to the person of a
probationary
driver's | 54 |
|
license, restricted license, driver's
license, commercial
driver's | 55 |
|
license, or temporary instruction permit, as the case
may
be, for | 56 |
|
six months beginning on
the date the court imposes
sentence upon | 57 |
|
the person for the
violation. If the person has not
attained the | 58 |
|
age of sixteen
years on the date the court imposes
sentence upon | 59 |
|
the person
for the
violation, the period of denial
shall commence | 60 |
|
on the date the
person attains the age of sixteen
years. | 61 |
| (B) The registrar also shall
impose a class D
suspension
for | 66 |
|
the period of time specified in division (B)(4) of
section
4510.02 | 67 |
|
of the Revised Code of the temporary
instruction
permit or | 68 |
|
probationary driver's license of any person
under the
age of | 69 |
|
eighteen who has been adjudicated
an unruly
child,
delinquent | 70 |
|
child, or
juvenile traffic offender for having
committed
any act | 71 |
|
that if committed by an adult would be a drug
abuse
offense
or a | 72 |
|
violation of division (B) of section 2917.11 of the Revised
Code. | 73 |
|
The registrar, in the registrar's discretion, may
terminate the | 74 |
|
suspension
if the child,
at
the discretion of the
court,
attends | 75 |
|
and satisfactorily completes a
drug
abuse or
alcohol abuse | 76 |
|
education, intervention, or treatment
program
specified by the | 77 |
|
court. Any person whose temporary
instruction
permit or | 78 |
|
probationary driver's license is suspended
under this
division | 79 |
|
shall mail or deliver the person's
permit or license
to
the | 80 |
|
registrar within fourteen days of notification of the
suspension. | 81 |
|
The registrar shall retain the permit or license
during
the
period | 82 |
|
of the suspension. | 83 |
| (C)(1)
Except as provided in division (C)(3) of this
section, | 84 |
|
for
any
person who is
convicted of, pleads guilty to,
or is | 85 |
|
adjudicated in juvenile
court of having committed a
second
or | 86 |
|
third violation of section
4511.12,
4511.13, 4511.15, 4511.20
to | 87 |
|
4511.23, 4511.25, 4511.26 to
4511.48, 4511.57 to 4511.65, or | 88 |
|
4511.75 of the Revised Code or
any similar municipal ordinances | 89 |
|
and whose license or permit is suspended
under division (A)(1)(a) | 90 |
|
or (c) of
this section, the
court in which the
second or third | 91 |
|
conviction, finding, plea, or
adjudication
resulting in the | 92 |
|
suspension was made, upon petition of the
person, may grant the | 93 |
|
person
limited driving privileges
during the
period
during which | 94 |
|
the suspension otherwise would be imposed under
division
(A)(1)(a) | 95 |
|
or (c) of this section
if the court finds
reasonable cause to | 96 |
|
believe that the suspension will seriously affect the person's | 97 |
|
ability
to
continue in employment,
educational training, | 98 |
|
vocational
training,
or treatment.
In
granting
the limited
driving | 99 |
|
privileges, the court
shall
specify
the
purposes, times,
and | 100 |
|
places
of the privileges and may impose
any other conditions
upon | 101 |
|
the person's
driving a motor
vehicle
that the court
considers | 102 |
|
reasonable and necessary. | 103 |
| A court that grants
limited driving privileges
to a
person | 104 |
|
under this division shall retain the person's
probationary | 105 |
|
driver's license, restricted license, or temporary
instruction | 106 |
|
permit during the period the
license or permit is
suspended and | 107 |
|
also during the period for which
limited driving privileges are | 108 |
|
granted, and shall
deliver to
the
person a permit card, in a form | 109 |
|
to be prescribed by the
court,
setting forth the date on which the
| 110 |
|
limited
driving
privileges will become effective,
the purposes for | 111 |
|
which the
person may
drive, the times and places at which
the | 112 |
|
person may
drive, and any other conditions imposed upon the | 113 |
|
person's use of a
motor vehicle. | 114 |
| The court immediately shall notify the registrar, in
writing, | 115 |
|
of a grant of
limited driving privileges
under this
division.
The | 116 |
|
notification shall specify the date on which the
limited
driving | 117 |
|
privileges will become effective,
the
purposes for which
the | 118 |
|
person
may drive, the times and places at
which the person may | 119 |
|
drive, and any other conditions imposed upon
the person's use of a | 120 |
|
motor vehicle. The registrar shall not
suspend the probationary | 121 |
|
driver's license, restricted
license, or
temporary instruction | 122 |
|
permit
of any person pursuant to division
(A) of this section | 123 |
|
during any
period for which the person has
been granted
limited | 124 |
|
driving
privileges as provided
in this division, if the registrar | 125 |
|
has
received the notification
described in this division from the | 126 |
|
court. | 127 |
| (2)
Except as provided in division (C)(3) of this
section,
in | 128 |
|
any case in which the temporary instruction permit or
probationary | 129 |
|
driver's license of a person under eighteen years of
age has been | 130 |
|
suspended under
division (A) or (B) of this section
or any other | 131 |
|
provision
of law, the
court may grant the person
limited driving | 132 |
|
privileges for the purpose of the
person's
practicing of
driving | 133 |
|
with the person's parent, guardian, or other
custodian during the | 134 |
|
period of the suspension.
Any grant of
limited driving privileges | 135 |
|
under this division shall
comply with
division (D) of section | 136 |
|
4510.021 of the Revised Code. | 137 |
| (3) A court shall not grant limited driving privileges to a | 138 |
|
person
identified in division (C)(1) or (2) of this section if the | 139 |
|
person,
within the preceding six years, has been convicted of, | 140 |
|
pleaded guilty to, or
adjudicated in juvenile court of having | 141 |
|
committed three or more violations of
one or more of the divisions | 142 |
|
or sections set forth in divisions
(G)(2)(b) to (g) of section | 143 |
|
2919.22
of the Revised Code. | 144 |
| (4) In a case in which a person is convicted of, pleads | 145 |
|
guilty to, or is adjudicated in juvenile court of having committed | 146 |
|
a second or third violation of section 4511.12, 4511.13, 4511.15, | 147 |
|
4511.20 to 4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to | 148 |
|
4511.65, or 4511.75 of the Revised Code or any similar municipal | 149 |
|
ordinances and the court is required to suspend the person's | 150 |
|
license or permit under division (A)(1)(a) or (c) of this section, | 151 |
|
the court in which the second or third conviction, finding, plea, | 152 |
|
or adjudication resulting in the suspension was made may elect not | 153 |
|
to impose the suspension. The court may do so if the person, prior | 154 |
|
to the date the court imposes sentence upon the person for the | 155 |
|
second or third violation, submits to the court a petition | 156 |
|
requesting the court not to impose the prescribed suspension and | 157 |
|
describing the reasons why the person believes the suspension | 158 |
|
would seriously affect the person's ability to continue in | 159 |
|
employment, educational training, vocational training, or | 160 |
|
treatment and also submits to the court satisfactory proof showing | 161 |
|
that the person successfully completed an advanced juvenile driver | 162 |
|
improvement program approved by the registrar under division (B) | 163 |
|
of section
4510.311 of the Revised Code after the date the person | 164 |
|
committed
that second or third violation. | 165 |
| (D) If a
person who has been granted
limited
driving | 166 |
|
privileges under division (C) of this section is convicted
of, | 167 |
|
pleads guilty to, or is adjudicated in juvenile court of
having | 168 |
|
committed, a violation of
Chapter
4510. of
the Revised Code, or
a | 169 |
|
subsequent violation of any of
the
sections of
the Revised Code | 170 |
|
listed in division
(A)(1)(a) of this section or any
similar | 171 |
|
municipal ordinance
during the period for which the
person was | 172 |
|
granted
limited driving privileges, the court that
granted
the
| 173 |
|
limited driving privileges shall
suspend
the person's permit
card. | 174 |
|
The court or the clerk
of the court
immediately shall
forward the | 175 |
|
person's probationary
driver's
license, restricted
license, or | 176 |
|
temporary
instruction
permit together with written
notification
of | 177 |
|
the court's action to
the registrar. Upon receipt
of the
license | 178 |
|
or permit and
notification, the registrar shall
impose a class C | 179 |
|
suspension of the
person's probationary driver's
license, | 180 |
|
restricted
license, or temporary instruction permit for
the
period | 181 |
|
of
time specified in division (B)(3) of section
4510.02 of the | 182 |
|
Revised Code. The registrar shall retain
the
license or permit | 183 |
|
during the period of suspension, and no further
limited
driving | 184 |
|
privileges shall be granted during
that period. | 185 |
| Sec. 4510.311. (A) The registrar of motor vehicles shall | 201 |
|
establish
standards for juvenile driver improvement programs and | 202 |
|
shall approve any
programs that meet the established standards. | 203 |
|
The standards
established by the registrar shall require a minimum | 204 |
|
of five hours
of classroom instruction, with at least three hours | 205 |
|
devoted to
driver skill requirements and two hours devoted to | 206 |
|
juvenile driver
information related to the driving records of | 207 |
|
drivers under
eighteen years of age, driver perceptions, and the | 208 |
|
value of the traffic
laws. The standards also shall require a | 209 |
|
person whose
probationary driver's license was suspended under | 210 |
|
section 4510.31
of the Revised Code to undertake and pass, as | 211 |
|
successful
completion of an approved juvenile driver improvement | 212 |
|
program, the driver's
license examination that a person who holds | 213 |
|
a temporary instruction permit is
required to undertake and pass | 214 |
|
in order to be issued a
probationary driver's license. The person | 215 |
|
shall pay the
applicable fee that is required to accompany an | 216 |
|
application for a
driver's license as prescribed in division (E) | 217 |
|
of section 4507.23
of the Revised Code. The registrar shall | 218 |
|
prescribe the
requirements for the curriculum to be provided as | 219 |
|
well as other
program directives. Only those programs approved by | 220 |
|
the registrar
shall be acceptable for reinstatement of the driving | 221 |
|
privileges of
a person whose probationary driver's license was | 222 |
|
suspended under
section 4510.31 of the Revised Code. | 223 |
| (B) The registrar shall establish standards for advanced | 224 |
|
juvenile driver improvement programs and shall approve any | 225 |
|
programs that meet the established standards. The standards | 226 |
|
established by the registrar shall require a minimum of two hours | 227 |
|
of classroom instruction with a focus on driving physics, vehicle | 228 |
|
dynamics, proper vision techniques, and teen driver statistics. | 229 |
|
The standards also shall require a minimum of four hours of | 230 |
|
emergency driving skills development through "behind-the-wheel" | 231 |
|
driving exercises with a focus on vehicle control in emergency and | 232 |
|
adverse weather driving situations. The driving exercises shall | 233 |
|
include vehicle control in inclement weather conditions, emergency | 234 |
|
transition maneuvers, and spin and skid control. The driving | 235 |
|
exercises shall take place in a suitable closed-course facility | 236 |
|
that is safe and controlled and has adequate run-off areas. The | 237 |
|
registrar shall prescribe the requirements for the curriculum to | 238 |
|
be provided as well as other program directives and the | 239 |
|
requirements and score necessary to pass the course. A person who | 240 |
|
attends an advanced juvenile driver improvement program for the | 241 |
|
purpose specified in division (C)(4) of section 4510.31 of the | 242 |
|
Revised Code that meets the standards and requirements prescribed | 243 |
|
in this division for such courses and successfully completes the | 244 |
|
course shall receive a certificate of completion from the program. | 245 |