| Sec. 4510.31. (A)(1) Except as provided in division (C)(1) | 9 |
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or (2) of this section, the registrar of motor vehicles shall | 10 |
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suspend the probationary driver's license, restricted license, or | 11 |
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temporary instruction permit issued to any person when the person | 12 |
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has been convicted of, pleaded guilty to, or been adjudicated in | 13 |
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juvenile court of having committed, prior to the person's | 14 |
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eighteenth birthday, any of the following: | 15 |
| (a) Three separate violations of section 2903.06, 2903.08, | 16 |
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2921.331, 4511.12, 4511.13, 4511.15, 4511.191, 4511.20, 4511.201, | 17 |
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4511.202, 4511.21, 4511.22, 4511.23, 4511.25 to 4511.48, 4511.57 | 18 |
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to 4511.65, 4511.75, 4549.02, 4549.021, or 4549.03 of the Revised | 19 |
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Code, section 4510.14 of the Revised Code involving a suspension | 20 |
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imposed under section 4511.191 or 4511.196 of the Revised Code, | 21 |
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section 2903.04 of the Revised Code in a case in which the person | 22 |
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would have been subject to the sanctions described in division (D) | 23 |
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of that section had the person been convicted of the violation of | 24 |
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that section, former section 2903.07 of the Revised Code, or any | 25 |
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municipal ordinances similarly relating to the offenses referred | 26 |
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to in those sections; | 27 |
| (2) Any person whose license or permit is suspended under | 34 |
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division (A)(1)(a), (b), or (c) of this section shall mail or | 35 |
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deliver the person's probationary driver's license, restricted | 36 |
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license, or temporary instruction permit to the registrar within | 37 |
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fourteen days of notification of the suspension. The registrar | 38 |
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shall retain the license or permit during the period of the | 39 |
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suspension. A suspension pursuant to division (A)(1)(a) of this | 40 |
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section shall be a class C suspension, a suspension pursuant to | 41 |
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division (A)(1)(b) of this section shall be a class D suspension, | 42 |
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and a suspension pursuant to division (A)(1)(c) of this section | 43 |
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shall be a class E suspension, all for the periods of time | 44 |
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specified in division (B) of section 4510.02 of the Revised Code. | 45 |
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If the person's probationary driver's license, restricted license, | 46 |
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or temporary instruction permit is under suspension on the date | 47 |
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the court imposes sentence upon the person for a violation | 48 |
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described in division (A)(1)(b) of this section, the suspension | 49 |
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shall take effect on the next day immediately following the end of | 50 |
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that period of suspension. If the person is sixteen years of age | 51 |
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or older and pleads guilty to or is convicted of a violation | 52 |
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described in division (A)(1)(b) of this section and the person | 53 |
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does not have a current, valid probationary driver's license, | 54 |
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restricted license, or temporary instruction permit, the registrar | 55 |
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shall deny the issuance to the person of a probationary driver's | 56 |
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license, restricted license, driver's license, commercial driver's | 57 |
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license, or temporary instruction permit, as the case may be, for | 58 |
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six months beginning on the date the court imposes sentence upon | 59 |
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the person for the violation. If the person has not attained the | 60 |
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age of sixteen years on the date the court imposes sentence upon | 61 |
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the person for the violation, the period of denial shall commence | 62 |
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on the date the person attains the age of sixteen years. | 63 |
| (B) The registrar also shall impose a class D suspension for | 68 |
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the period of time specified in division (B)(4) of section 4510.02 | 69 |
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of the Revised Code of the temporary instruction permit or | 70 |
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probationary driver's license of any person under the age of | 71 |
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eighteen who has been adjudicated an unruly child, delinquent | 72 |
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child, or juvenile traffic offender for having committed any act | 73 |
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that if committed by an adult would be a drug abuse offense or a | 74 |
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violation of division (B) of section 2917.11 of the Revised Code. | 75 |
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The registrar, in the registrar's discretion, may terminate the | 76 |
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suspension if the child, at the discretion of the court, attends | 77 |
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and satisfactorily completes a drug abuse or alcohol abuse | 78 |
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education, intervention, or treatment program specified by the | 79 |
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court. Any person whose temporary instruction permit or | 80 |
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probationary driver's license is suspended under this division | 81 |
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shall mail or deliver the person's permit or license to the | 82 |
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registrar within fourteen days of notification of the suspension. | 83 |
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The registrar shall retain the permit or license during the period | 84 |
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of the suspension. | 85 |
(C)(1)(a) Except as provided in division (C)(3)(1)(c) of this | 86 |
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section, for any person who is convicted of, pleads guilty to, or | 87 |
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is adjudicated in juvenile court of having committed a second or | 88 |
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third violation of section 4511.12, 4511.13, 4511.15, 4511.20 to | 89 |
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4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or | 90 |
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4511.75 of the Revised Code or any similar municipal ordinances | 91 |
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and whose license or permit is suspended under division (A)(1)(a) | 92 |
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or (c) of this section, the court in which the second or third | 93 |
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conviction, finding, plea, or adjudication resulting in the | 94 |
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suspension was made, upon petition of the person, may grant the | 95 |
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person limited driving privileges during the period during which | 96 |
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the suspension otherwise would be imposed under division (A)(1)(a) | 97 |
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or (c) of this section if the court finds reasonable cause to | 98 |
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believe that the suspension will seriously affect the person's | 99 |
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ability to continue in employment, educational training, | 100 |
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vocational training, or treatment. In granting the limited driving | 101 |
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privileges, the court shall specify the purposes, times, and | 102 |
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places of the privileges and may impose any other conditions upon | 103 |
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the person's driving a motor vehicle that the court considers | 104 |
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reasonable and necessary. | 105 |
| A court that grants limited driving privileges to a person | 106 |
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under this division shall retain the person's probationary | 107 |
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driver's license, restricted license, or temporary instruction | 108 |
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permit during the period the license or permit is suspended and | 109 |
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also during the period for which limited driving privileges are | 110 |
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granted, and shall deliver to the person a permit card, in a form | 111 |
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to be prescribed by the court, setting forth the date on which the | 112 |
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limited driving privileges will become effective, the purposes for | 113 |
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which the person may drive, the times and places at which the | 114 |
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person may drive, and any other conditions imposed upon the | 115 |
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person's use of a motor vehicle. | 116 |
| The court immediately shall notify the registrar, in writing, | 117 |
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of a grant of limited driving privileges under this division. The | 118 |
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notification shall specify the date on which the limited driving | 119 |
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privileges will become effective, the purposes for which the | 120 |
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person may drive, the times and places at which the person may | 121 |
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drive, and any other conditions imposed upon the person's use of a | 122 |
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motor vehicle. The registrar shall not suspend the probationary | 123 |
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driver's license, restricted license, or temporary instruction | 124 |
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permit of any person pursuant to division (A) of this section | 125 |
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during any period for which the person has been granted limited | 126 |
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driving privileges as provided in this division, if the registrar | 127 |
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has received the notification described in this division from the | 128 |
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court. | 129 |
(2)(b) Except as provided in division (C)(3)(1)(c) of this | 130 |
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section, in any case in which the temporary instruction permit or | 131 |
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probationary driver's license of a person under eighteen years of | 132 |
|
age has been suspended under division (A) or (B) of this section | 133 |
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or any other provision of law, the court may grant the person | 134 |
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limited driving privileges for the purpose of the person's | 135 |
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practicing of driving with the person's parent, guardian, or other | 136 |
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custodian during the period of the suspension. Any grant of | 137 |
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limited driving privileges under this division shall comply with | 138 |
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division (D) of section 4510.021 of the Revised Code. | 139 |
(3)(c) A court shall not grant limited driving privileges to | 140 |
a person identified in division (C)(1)(a) or (2)(b) of this | 141 |
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section if the person, within the preceding six years, has been | 142 |
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convicted of, pleaded guilty to, or adjudicated in juvenile court | 143 |
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of having committed three or more violations of one or more of the | 144 |
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divisions or sections set forth in divisions (G)(2)(b) to (g) of | 145 |
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section 2919.22 of the Revised Code. | 146 |
| (2)(a) In a case in which a person is convicted of, pleads | 147 |
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guilty to, or is adjudicated in juvenile court of having | 148 |
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committed, prior to the person's eighteenth birthday, a second or | 149 |
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third violation of section 4511.12, 4511.13, 4511.15, 4511.20 to | 150 |
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4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or | 151 |
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4511.75 of the Revised Code or any similar municipal ordinances | 152 |
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and division (A)(1)(a) or (c) of this section requires the | 153 |
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registrar of motor vehicles to suspend the person's license or | 154 |
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permit, the court in which the person is convicted of, pleads | 155 |
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guilty to, or is adjudicated of having committed the second or | 156 |
|
third violation may elect to order the registrar of motor vehicles | 157 |
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to waive the suspension if all of the following apply: | 158 |
| (i) Prior to the date on which the court imposes sentence | 159 |
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upon, or makes an order of disposition for, the person for the | 160 |
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second or third violation, the person submits to the court a | 161 |
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petition requesting the court to order the registrar to waive the | 162 |
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prescribed suspension and describing the reasons why the person | 163 |
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believes the suspension, if imposed, would seriously affect the | 164 |
|
person's ability to continue in employment, educational training, | 165 |
|
vocational training, or treatment. | 166 |
| (iii) Prior to imposing sentence upon, or making an order of | 173 |
|
disposition for, the person for the second or third violation, the | 174 |
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court finds reasonable cause to believe that the suspension, if | 175 |
|
imposed, would seriously affect the person's ability to continue | 176 |
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in employment, educational training, vocational training, or | 177 |
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treatment. | 178 |
| (iv) If the court is imposing sentence upon, or making an | 179 |
|
order of disposition for, the person for a third violation, the | 180 |
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person did not submit to the court that imposed sentence upon, or | 181 |
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made an order of disposition for, the person for the second | 182 |
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violation a petition of the type described in division | 183 |
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(C)(2)(a)(i) of this section, and the court that imposed sentence | 184 |
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upon, or made an order of disposition for, the person for that | 185 |
|
second violation did not order the registrar of motor vehicles to | 186 |
|
waive the suspension of the person's license or permit required | 187 |
|
under division (A)(1)(c) of this section for the conviction of, | 188 |
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plea of guilty to, or adjudication in juvenile court of having | 189 |
|
committed that second violation. | 190 |
| (b) If a court elects pursuant to division (C)(2)(a) of this | 191 |
|
section to order the registrar of motor vehicles to waive a | 192 |
|
suspension that otherwise is required under division (A)(1)(a) or | 193 |
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(c) of this section, the court immediately shall send a written | 194 |
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copy of the order to the registrar. Upon receipt of the written | 195 |
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copy of the order, the registrar shall not suspend pursuant to | 196 |
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division (A)(1)(a) or (c) of this section the probationary | 197 |
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driver's license, restricted license, or temporary instruction | 198 |
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permit of the person who is the subject of the order for the | 199 |
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second or third violation for which the suspension otherwise would | 200 |
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be imposed under that division. | 201 |
| (D) If a person who has been granted limited driving | 202 |
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privileges under division (C)(1) of this section is convicted of, | 203 |
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pleads guilty to, or is adjudicated in juvenile court of having | 204 |
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committed, a violation of Chapter 4510. of the Revised Code, or a | 205 |
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subsequent violation of any of the sections of the Revised Code | 206 |
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listed in division (A)(1)(a) of this section or any similar | 207 |
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municipal ordinance during the period for which the person was | 208 |
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granted limited driving privileges, the court that granted the | 209 |
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limited driving privileges shall suspend the person's permit card. | 210 |
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The court or the clerk of the court immediately shall forward the | 211 |
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person's probationary driver's license, restricted license, or | 212 |
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temporary instruction permit together with written notification of | 213 |
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the court's action to the registrar. Upon receipt of the license | 214 |
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or permit and notification, the registrar shall impose a class C | 215 |
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suspension of the person's probationary driver's license, | 216 |
|
restricted license, or temporary instruction permit for the period | 217 |
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of time specified in division (B)(3) of section 4510.02 of the | 218 |
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Revised Code. The registrar shall retain the license or permit | 219 |
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during the period of suspension, and no further limited driving | 220 |
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privileges shall be granted during that period. | 221 |
| Sec. 4510.311. (A) The registrar of motor vehicles shall | 237 |
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establish standards for juvenile driver improvement programs and | 238 |
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shall approve any programs that meet the established standards. | 239 |
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The standards established by the registrar shall require a minimum | 240 |
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of five hours of classroom instruction, with at least three hours | 241 |
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devoted to driver skill requirements and two hours devoted to | 242 |
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juvenile driver information related to the driving records of | 243 |
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drivers under eighteen years of age, driver perceptions, and the | 244 |
|
value of the traffic laws. The standards also shall require a | 245 |
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person whose probationary driver's license was suspended under | 246 |
|
section 4510.31 of the Revised Code to undertake and pass, as | 247 |
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successful completion of an approved juvenile driver improvement | 248 |
|
program, the driver's license examination that a person who holds | 249 |
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a temporary instruction permit is required to undertake and pass | 250 |
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in order to be issued a probationary driver's license. The person | 251 |
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shall pay the applicable fee that is required to accompany an | 252 |
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application for a driver's license as prescribed in division (E) | 253 |
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of section 4507.23 of the Revised Code. The registrar shall | 254 |
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prescribe the requirements for the curriculum to be provided as | 255 |
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well as other program directives. Only those programs approved by | 256 |
|
the registrar shall be acceptable for reinstatement of the driving | 257 |
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privileges of a person whose probationary driver's license was | 258 |
|
suspended under section 4510.31 of the Revised Code. | 259 |
| (B) The registrar shall establish standards for advanced | 260 |
|
juvenile driver improvement programs and shall approve any | 261 |
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programs that meet the established standards. The standards | 262 |
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established by the registrar shall require a minimum of two hours | 263 |
|
of classroom instruction with a focus on driving physics, vehicle | 264 |
|
dynamics, proper vision techniques, and teen driver statistics. | 265 |
|
The standards also shall require a minimum of four hours of | 266 |
|
emergency driving skills development through "behind-the-wheel" | 267 |
|
driving exercises with a focus on vehicle control in emergency and | 268 |
|
adverse weather driving situations. The driving exercises shall | 269 |
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include vehicle control in inclement weather conditions, emergency | 270 |
|
transition maneuvers, and spin and skid control. The driving | 271 |
|
exercises shall take place in a suitable closed-course facility | 272 |
|
that is safe and controlled and has adequate run-off areas. The | 273 |
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registrar shall prescribe the requirements for the curriculum to | 274 |
|
be provided as well as other program directives and the | 275 |
|
requirements and score necessary to pass the course. A person who | 276 |
|
attends an advanced juvenile driver improvement program for the | 277 |
|
purpose specified in division (C)(2) of section 4510.31 of the | 278 |
|
Revised Code that meets the standards and requirements prescribed | 279 |
|
in this division for such courses and successfully completes the | 280 |
|
course shall receive a certificate of completion from the program. | 281 |