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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. H. B. No. 80 |
REPRESENTATIVES COUGHLIN-BRADING-GARDNER-HAINES-JERSE-
LUCAS-METZGER-OLMAN-PRINGLE-TERWILLEGER-ROMAN-CALVERT-
EVANS-DePIERO-KRUPINSKI-MEAD-DAMSCHRODER-MYERS-TRAKAS-
WILLIAMS-PETERSON-VERICH-GOODMAN-THOMAS-VESPER-MAIER-
TIBERI-HARRIS-OPFER-LOGAN-O'BRIEN-CLANCY-BATEMAN-ALLEN-
YOUNG-GRENDELL-HOOPS-WINKLER-HARTNETT-PATTON-TAYLOR
A BILL
To amend sections 4503.233, 4507.164, 4511.193, and 4511.99 of the Revised
Code to require the criminal forfeiture to the state of the
motor vehicle a
person was operating at the time the person committed a third state or local
OMVI offense within a six-year period, rather
than the impoundment of the
motor vehicle for 180 days.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4503.233, 4507.164, 4511.193, and 4511.99 of the
Revised Code be amended to read as follows:
Sec. 4503.233. (A)(1) As used in this section, "vehicle
owner" means either of the following:
(a) The person in whose name is registered, at the time of the offense, a
vehicle that is subject to an immobilization order issued under division
(A)(2) of this section;
(b) A person to whom, at the time of the offense, the certificate of title to
a vehicle has been assigned and who has not obtained a certificate of title to
the vehicle in that person's name but who is deemed by the court as being the
owner of the vehicle at the time of the offense for which the vehicle is
subject to an immobilization and impoundment order issued under
division (A)(2) of this section.
(2) If a court is required to order the immobilization of
a vehicle for a specified period of time pursuant to division
(B)(1) or (2), (C)(1) or (2), or (E)(1) of section 4507.99,
pursuant to division (A)(2)(b) or (3)(b) of section 4511.99,
pursuant to division (B)(1) or (2) or (C)(1) or (2) of section
4507.361, or pursuant to division (B)(2)(a) or (b) of section
4511.193 of the Revised Code, the court shall issue an
immobilization order, subject to section 4503.235
of the Revised Code, in accordance with this division and for the
period of time specified in the particular division, and the immobilization
under the order shall be in accordance with this
section. The court, at the time of sentencing the offender for
the offense relative to which the immobilization order is issued
or as soon thereafter as is practicable, shall give a copy of the
order to the offender or the offender's counsel and to the
vehicle owner or the vehicle owner's counsel. The court
promptly shall send a copy of the order to the registrar on a form prescribed
by the registrar and to the person or agency it designates to execute the
order.
The order shall indicate the date on which it is issued,
shall identify the vehicle that is subject to the order, and
shall specify all of the following:
(a) The period of the immobilization;
(b) The place at which the court determines that the
immobilization shall be carried out, provided that the court
shall not determine and shall not specify that the immobilization
is to be carried out at any place other than a commercially
operated private storage lot, a place owned by a law enforcement
or other government agency, or a place to which one of the
following applies:
(i) The place is leased by or otherwise under the control
of a law enforcement or other government agency.
(ii) The place is owned by the offender, the offender's
spouse, or a parent or child of the offender.
(iii) The place is owned by a private person or entity,
and, prior to the issuance of the order, the private entity or
person that owns the place, or the authorized agent of that
private entity or person, has given express written consent for
the immobilization to be carried out at that place.
(iv) The place is a public street or highway on which the
vehicle is parked in accordance with the law.
(c) The person or agency designated by the court to execute the order,
which shall be either the law enforcement agency that employs the
law enforcement officer who seized the vehicle, a
bailiff of the court, another person the court determines to be
appropriate to execute the order, or the law enforcement agency
with jurisdiction over the place of residence of the vehicle
owner;
(d) THAT NEITHER THE REGISTRAR NOR A DEPUTY REGISTRAR WILL BE
PERMITTED TO ACCEPT AN APPLICATION FOR THE LICENSE PLATE REGISTRATION OF ANY
MOTOR VEHICLE IN THE NAME OF THE VEHICLE OWNER UNTIL THE IMMOBILIZATION FEE IS
PAID.
(3) The person or agency the court designates to
immobilize the vehicle shall seize or retain that vehicle's license plates
and forward them to the bureau of motor vehicles.
(4) In all cases, the vehicle owner shall be assessed
an immobilization fee of one hundred dollars, and the
immobilization fee shall be paid to the registrar before
the vehicle may be released to the vehicle, and that neither the registrar
nor a deputy registrar will be permitted to accept an application for the
license plate registration of any motor vehicle in the name of the vehicle
owner until the immobilization fee is paid owner. Neither the registrar
nor a deputy registrar shall accept an application for the registration of any
motor vehicle in the name of the vehicle owner until the immobilization fee is
paid.
(5) If the vehicle subject to the order is
immobilized pursuant to the order and is found being operated
upon any street or highway in this state during the
immobilization period, it shall be seized, removed from the street
or highway, and criminally forfeited and disposed of
pursuant to section 4503.234 of the Revised Code.
the owner's
(6) The registrar shall deposit the immobilization fee into the law
enforcement reimbursement fund created by section 4501.19 of the Revised
Code. Money in the fund shall be expended only as provided in division
(A)(6) of this section. If the court designated in the
order a court bailiff or another appropriate person other than a
law enforcement officer to immobilize the vehicle, the amount of the
fee deposited into the law enforcement reimbursement fund shall
be paid out to the county treasury if the court that issued the order
is a county court, to the treasury of the municipal corporation
served by the court if the court that issued the order is a
mayor's court, or to the city treasury of the legislative
authority of the court, both as defined in section 1901.03 of the
Revised Code, if the court that issued the order is a municipal
court. If the court designated a law enforcement agency to
immobilize the vehicle and if the law enforcement agency immobilizes the
vehicle, the amount of the fee deposited into the law enforcement
reimbursement fund shall be paid out to the law enforcement agency
to reimburse the agency for the costs it incurs in
obtaining immobilization equipment and, if required, in sending
an officer or other person to search for and locate the vehicle
specified in the immobilization order and to immobilize the
vehicle.
In addition to the immobilization fee required to be paid
under division (A)(4) of this section, the vehicle owner
may be charged expenses or charges incurred in the removal and storage of the
immobilized vehicle.
(B) If a court issues an immobilization
order under division (A)(2) of this section, the person or
agency designated by the court to execute the immobilization order
promptly shall immobilize or continue the immobilization of the
vehicle at the place specified by the court in the order. The registrar shall
not authorize the release of the vehicle or authorize the issuance of new
identification license plates for the vehicle at the
end of the immobilization period the owner's until the immobilization
fee has been paid.
the owner's
(C) Upon receipt of the license plates for a vehicle under this section, the
registrar the registrar's shall destroy the license plates. At the end
of the immobilization period and upon the payment of the immobilization fee
that must be paid under this section, the registrar shall authorize the
release of the vehicle
and authorize the issuance, upon the payment of the same fee as
is required for the replacement of lost, mutilated, or destroyed
license plates and certificates of registration,
of new license plates and, if necessary, a new
certificate of registration to the vehicle owner for the vehicle
in question.
(D)(1) If a court issues an immobilization order under division (A) of this
section, the immobilization period
commences on the day on which the vehicle in question is
immobilized the owner. If the
vehicle in question had been seized under section 4507.38
or 4511.195 of the Revised Code, the time between the
seizure and the beginning of the immobilization period shall be credited
against the immobilization period
specified in the immobilization order issued under
division (A) of this section. No vehicle that is impounded
under this section is eligible to have special license plates of the type
described in section 4503.231 of the Revised Code issued for that vehicle.
(2) If a court issues an immobilization order under division (A) of this
section, if the vehicle
subject to the order is immobilized under the order, and if the
vehicle is found being operated upon any street or highway of
this state during the immobilization period, it
shall be seized, removed from the street or highway, and criminally
forfeited, and disposed of pursuant to section
4503.234 of the Revised Code. No vehicle that is forfeited under
this provision shall be considered contraband for purposes of
section 2933.41, 2933.42, or 2933.43 of the Revised Code, but
shall be held by the law enforcement agency that employs the
officer who seized it for disposal in accordance with section
4503.234 of the Revised Code.
(3) If a court issues an immobilization order under division (A) of this
section, and if the vehicle is not
claimed within seven days after the end of the period of
immobilization or if the vehicle owner the owner's has not paid the
immobilization fee, the person or agency that immobilized
the vehicle shall send a written notice to the vehicle
owner at the vehicle owner's last known address informing
the vehicle owner of the date on which the period of immobilization
ended, that the owner the owner's the vehicle owner has twenty days
after the date of the notice
to pay the immobilization fee and
obtain the release of the vehicle, and that if the owner the owner's
the vehicle owner does not pay the fee and obtain the
release of the vehicle within that twenty-day period, the vehicle
will be forfeited under section 4503.234 of the Revised
Code to the entity that is entitled to the immobilization fee.
(4) An owner of a motor vehicle that is subject to an
immobilization order issued under division (A)
of this section shall not sell the motor vehicle without approval
of the court that issued the order. If such an
owner wishes to sell such a the motor vehicle during the immobilization
period, the owner shall apply to the court that
issued the immobilization order for
permission to assign the title to the vehicle. If the court
is satisfied that the sale will be in good faith and not for the purpose of
circumventing the provisions of division (A)(2) of this
section, it may certify its consent to the owner and to the registrar. Upon
receipt of the court's consent, the registrar shall enter the court's notice
in the owner's vehicle license plate registration record.
If, during a period of immobilization under an immobilization
order issued
under division (A) of this section, the title to the immobilized motor
vehicle is transferred by the foreclosure of a
chattel mortgage, a sale upon execution, the cancellation of a
conditional sales contract, or an order of a court, the involved
court shall notify the registrar of the
action, and the registrar shall enter the court's notice in the owner's
vehicle license plate registration record.
Nothing in this section shall be construed as requiring the registrar or the
clerk of the court of common pleas to note upon the certificate of title
records any prohibition regarding the sale of a motor vehicle.
(5) If the title to a motor vehicle that is subject to an
immobilization order under division (A) of this
section is assigned or transferred without court approval between
the time of arrest of the person who was operating the vehicle at
the time of the offense for which such an order is to be issued
and the time of the actual immobilization of the vehicle, the court
shall order that, for a period of two years from the date of the
order, neither the registrar nor any deputy registrar shall
accept an application for the registration of any motor vehicle
in the name of the owner of the vehicle that was assigned or
transferred without court approval. The court shall notify the
registrar of the order on a form prescribed by the registrar for
that purpose.
(E)(1) The court with jurisdiction over the case, after
notice to all interested parties including lienholders, and after
an opportunity for them to be heard, if the vehicle owner fails
to appear in person, without good cause, or if the court finds
that the vehicle owner does not intend to seek release of the
vehicle at the end of the period of immobilization or that the
vehicle owner is not or will not be able to pay the expenses and
charges incurred in its removal and storage, may order that title
to the vehicle be transferred, in order of priority, first into
the name of the entity entitled to the immobilization fee under
division (A)(6) of this section, next into the name of a
lienholder, or lastly, into the name of the owner of the place of
storage.
A lienholder that receives title under a
court order shall do so on the condition that it pay any expenses or
charges incurred in the vehicle's removal and storage. If the entity that
receives title to the vehicle is the entity that is entitled to the
immobilization fee under division (A)(6) of this section, it shall
receive title on the condition that it pay any lien on the vehicle.
The court shall not order that title be transferred to any person or entity
other than the owner of the place of storage if the person or
entity refuses to receive the title. Any person or entity that
receives title may either keep title to the vehicle or may
dispose of the vehicle in any legal manner that it considers
appropriate, including assignment of the certificate of title to
the motor vehicle to a salvage dealer or a scrap metal processing
facility. The person or entity shall not transfer
the vehicle to the person who is the vehicle's
immediate previous owner.
If the person or entity assigns the motor vehicle to a salvage dealer or
scrap
metal processing facility, the person or entity shall send the assigned
certificate of title to the motor vehicle to the clerk of the court of common
pleas of the county in which the salvage dealer or scrap metal processing
facility is located. The person or entity shall mark the face of the
certificate of title with the words "FOR DESTRUCTION" and shall
deliver a photocopy of the certificate of title to the salvage dealer or scrap
metal processing facility for its records.
(2) Whenever a court issues an order under division (E)(1) of this
section, the court also shall order removal of the license plates
from the vehicle and cause them to be sent to the registrar if
they have not already been sent to the registrar. Thereafter, no further
proceedings shall take place under this section, but the vehicle
owner remains liable for payment of the immobilization fee
described in division (A)(4) of this section if an immobilization
order previously had been issued by the court.
(3) Prior to initiating a proceeding under division (E)(1)
of this section, and upon payment of the fee under division (B) of section
4505.14 of the Revised Code, any interested party may cause
a search to be made of the public records of the bureau of
motor vehicles or the clerk of the court of common pleas, to
ascertain the identity of any lienholder of the vehicle. The
initiating party shall furnish this information to the clerk of
the court with jurisdiction over the case,
and the clerk shall provide notice
to the vehicle owner, the defendant, any lienholder, and any
other interested parties listed by the initiating party, at the
last known address supplied by the initiating party, by certified
mail or, at the option of the initiating party, by personal
service or ordinary mail.
As used in this section, "interested party" includes the
vehicle owner, all lienholders, the defendant, the owner of the
place of storage, the person or entity that caused the vehicle to
be removed, and the person or entity, if any, entitled to the
immobilization fee under division (A)(6) of this section.
Sec. 4507.164. (A) Except as provided in divisions (C) to
(E) of this section, when the license of any person is suspended
or revoked pursuant to any provision of the Revised Code other
than division (B) of section 4507.16 of the Revised Code, the
trial judge may impound the identification license plates of any
motor vehicle registered in the name of the person.
(B)(1) When the license of any person is suspended or
revoked pursuant to division (B)(1) of section 4507.16 of the
Revised Code, the trial judge of the court of record or the mayor
of the mayor's court that suspended or revoked the license may
impound the identification license plates of any motor vehicle
registered in the name of the person.
(2) When the license of any person is suspended or revoked
pursuant to division (B)(2) or (3) of section 4507.16 of the
Revised Code, the trial judge of the court of record that
suspended or revoked the license shall order the impoundment of
the identification license plates of the motor vehicle the
offender was operating at the time of the offense and the
immobilization of that vehicle in accordance with section
4503.233 and division (A)(2) or (3) of section 4511.99 or
division (B)(2)(a) or (b) of section 4511.193 of the Revised Code
and may impound the identification license plates of any other
motor vehicle registered in the name of the person whose license
is suspended or revoked.
(3) When the license of any person is suspended or revoked
pursuant to division (B)(3) OR (4) of section 4507.16 of the
Revised
Code, the trial judge of the court of record that suspended or
revoked the license shall order the criminal forfeiture to the
state of the motor vehicle the offender was operating at the time
of the offense in accordance with section 4503.234 and division
(A)(3) OR (4) of section 4511.99 or division
(B)(2)(c)(b) of section
4511.193 of the Revised Code and may impound the identification
license plates of any other motor vehicle registered in the name
of the person whose license is suspended or revoked.
(C)(1) When a person is convicted of or pleads guilty to a
violation of division (D)(2) of section 4507.02 of the Revised
Code or a substantially equivalent municipal ordinance and
division (B)(1) or (2) of section 4507.99 or division (C)(1) or
(2) of section 4507.36 of the Revised Code applies, the trial
judge of the court of record or the mayor of the mayor's court
that imposes sentence shall order the immobilization of the
vehicle the person was operating at the time of the offense and
the impoundment of its identification license plates in
accordance with section 4503.233 and division (B)(1) or (2) of
section 4507.99 or division (C)(1) or (2) of section 4507.361 of
the Revised Code and may impound the identification license
plates of any other vehicle registered in the name of that
person.
(2) When a person is convicted of or pleads guilty to a
violation of division (D)(2) of section 4507.02 of the Revised
Code or a substantially equivalent municipal ordinance and
division (B)(3) of section 4507.99 or division (C)(3) of section
4507.361 of the Revised Code applies, the trial judge of the
court of record that imposes sentence shall order the criminal
forfeiture to the state of the vehicle the person was operating
at the time of the offense in accordance with section 4503.234
and division (B)(3) of section 4507.99 or division (C)(3) of
section 4507.361 of the Revised Code and may impound the
identification license plates of any other vehicle registered in
the name of that person.
(D)(1) When a person is convicted of or pleads guilty to a
violation of division (B)(1) of section 4507.02 of the Revised
Code or a substantially equivalent municipal ordinance and
division (C)(1) or (2) of section 4507.99 or division (B)(1) or
(2) of section 4507.361 of the Revised Code applies, the trial
judge of the court of record or the mayor of the mayor's court
that imposes sentence shall order the immobilization of the
vehicle the person was operating at the time of the offense and
the impoundment of its identification license plates in
accordance with section 4503.233 and division (C)(1) or (2) of
section 4507.99 or division (B)(1) or (2) of section 4507.361 of
the Revised Code and may impound the identification license
plates of any other vehicle registered in the name of that
person.
(2) When a person is convicted of or pleads guilty to a
violation of division (B)(1) of section 4507.02 of the Revised
Code or a substantially equivalent municipal ordinance and
division (C)(3) of section 4507.99 or division (B)(3) of section
4507.361 of the Revised Code applies, the trial judge of the
court of RECORD that imposes sentence shall order the criminal
forfeiture to the state of the vehicle the person was operating
at the time of the offense in accordance with section 4503.234
and division (C)(3) of section 4507.99 or division (B)(3) of
section 4507.361 of the Revised Code and may impound the
identification license plates of any other vehicle registered in
the name of that person.
(E)(1) When a person is convicted of or pleads guilty to a
violation of section 4507.33 of the Revised Code and the person
is sentenced pursuant to division (E)(1) of section 4507.99 of
the Revised Code, the trial judge of the court of record or the
mayor of the mayor's court that imposes sentence shall order the
immobilization of the vehicle that was involved in the commission
of the offense and the impoundment of its identification license
plates in accordance with division (E)(1) of section 4507.99 and
section 4503.233 of the Revised Code and may impound the
identification license plates of any other vehicle registered in
the name of that person.
(2) When a person is convicted of or pleads guilty to a
violation of section 4507.33 of the Revised Code and the person
is sentenced pursuant to division (E)(2) of section 4507.99 of
the Revised Code, the trial judge of the court of record or the
mayor of the mayor's court that imposes sentence shall order the
criminal forfeiture to the state of the vehicle that was involved
in the commission of the offense in accordance with division
(E)(2) of section 4507.99 and section 4503.234 of the Revised
Code and may impound the identification license plates of any
other vehicle registered in the name of that person.
(F) Except as provided in section 4503.233 or 4503.234 of
the Revised Code, when the certificate of registration, the
identification license plates, or both have been impounded,
division (F) of section 4507.02 of the Revised Code is
applicable.
Sec. 4511.193. (A) Twenty-five dollars of any fine
imposed for a violation of a municipal ordinance relating to
operating a vehicle while under the influence of alcohol, a drug
of abuse, or alcohol and a drug of abuse or relating to operating
a vehicle with a prohibited concentration of alcohol in the
blood, breath, or urine shall be deposited into the municipal or
county indigent drivers alcohol treatment fund created pursuant
to division (N) of section 4511.191 of the Revised Code in
accordance with this section and section 733.40, divisions (A)
and (B) of section 1901.024, division (F) of section 1901.31, or
division (C) of section 1907.20 of the Revised Code. Regardless
of whether the fine is imposed by a municipal court, a mayor's
court, or a juvenile court, if the fine was imposed for a
violation of an ordinance of a municipal corporation that is
within the jurisdiction of a municipal court, the twenty-five
dollars that is subject to this section shall be deposited into
the indigent drivers alcohol treatment fund of the municipal
corporation in which is located the municipal court that has
jurisdiction over that municipal corporation. Regardless of
whether the fine is imposed by a county court, a mayor's court,
or a juvenile court, if the fine was imposed for a violation of
an ordinance of a municipal corporation that is within the
jurisdiction of a county court, the twenty-five dollars that is
subject to this section shall be deposited into the indigent
drivers alcohol treatment fund of the county in which is located
the county court that has jurisdiction over that municipal
corporation. The deposit shall be made in accordance with
section 733.40, divisions (A) and (B) of section 1901.024,
division (F) of section 1901.31, or division (C) of section
1907.20 of the Revised Code.
(B)(1) The requirements and sanctions imposed by divisions
(B)(1) and (2) of this section are an adjunct to and derive from
the state's exclusive authority over the registration and titling
of motor vehicles and do not comprise a part of the criminal
sentence to be imposed upon a person who violates a municipal
ordinance relating to operating a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse or relating to operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine.
(2) If a person is convicted of or pleads guilty to a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse or relating to operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine and if,
within the period of time specified in
division (B)(2)(a), OR (b), or (c) of
this section, the offender has been
convicted of or pleaded guilty to any violation of section
4511.19 of the Revised Code, a municipal ordinance relating to
operating a vehicle while under the influence of alcohol, a drug
of abuse, or alcohol and a drug of abuse, a municipal ordinance
relating to operating a vehicle with a prohibited concentration
of alcohol in the blood, breath, or urine, section 2903.04 of the
Revised Code in a case in which the offender was subject to the
sanctions described in division (D) of that section, section
2903.06, 2903.07, or 2903.08 of the Revised Code, or a municipal
ordinance that is substantially similar to section 2903.07 of the
Revised Code in a case in which the jury or judge found that the
offender was under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, a statute of the United
States or of any other state or a
municipal ordinance of a municipal corporation located in any other state that
is substantially similar to division (A) or (B) of section 4511.19 of the
Revised Code, or if the other circumstances described in
division (B)(2)(c)(b) of this section apply,
the court, in addition to and
independent of any sentence that it imposes upon the offender for
the offense, regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the offender's name or
in the name of another person, and subject to section 4503.235 of
the Revised Code, shall do whichever of the following is
applicable:
(a) Except as otherwise provided in division
(B)(2)(c)(b) of this section, if, within
six years of the current offense, the
offender has been convicted of or pleaded guilty to one violation
described in division (B)(2) of this section, the court shall
order the immobilization for ninety days of the vehicle the
offender was operating at the time of the offense and the
impoundment for ninety days of the license plates
of that vehicle. The order for the immobilization and
impoundment shall be issued and enforced in accordance with
section 4503.233 of the Revised Code.
(b) Except as otherwise provided in division
(B)(2)(c) of this section, if, within
six years of the current offense, the
offender has been convicted of or pleaded guilty to two
violations described in division (B)(2) of this section, the
court shall order the immobilization for one hundred eighty days
of the vehicle the offender was operating at the time of the
offense and the impoundment for one hundred eighty days of the
license plates of that vehicle. The order for the
immobilization and impoundment shall be issued and enforced in
accordance with section 4503.233 of the Revised Code.
(c) If, within six years of the current offense, the
offender has been convicted of or pleaded guilty to three TWO or
more
violations described in division (B)(2) of this section, or if the offender
previously has been convicted of or pleaded guilty to a violation of division
(A) of section 4511.19 of the Revised Code under circumstances in which the
violation was a felony and regardless of when
the violation and the conviction or guilty plea occurred, the
court shall order the criminal forfeiture to the state of the
vehicle the offender was operating at the time of the offense. The order of
criminal forfeiture shall be issued and enforced in accordance with section
4503.234 of the Revised Code.
Sec. 4511.99. (A) Whoever violates division (A) of
section 4511.19 of the Revised Code, in addition to the license
suspension or revocation provided in section 4507.16 of the
Revised Code and any disqualification imposed under section
4506.16 of the Revised Code, shall be punished as provided in
division (A)(1), (2), (3), or (4) of this section.
(1) Except as otherwise provided in division (A)(2), (3), or (4) of this
section, the offender is guilty of a misdemeanor of the first degree and
the court shall sentence the offender to a term of imprisonment of
three consecutive days and may sentence the offender pursuant to
section 2929.21 of the Revised Code to a longer term of
imprisonment. In addition, the court shall impose upon the
offender a fine of not less than two hundred and not more than
one thousand dollars.
The court may suspend the execution of the mandatory three
consecutive days of imprisonment that it is required to impose by
this division, if the court, in lieu of the suspended term of
imprisonment, places the offender on probation and requires the
offender to attend, for three consecutive days, a drivers'
intervention program that is certified pursuant to section
3793.10 of the Revised Code. The court also may suspend the
execution of any part of the mandatory three consecutive days of
imprisonment that it is required to impose by this division, if
the court places the offender on probation for part of the three
consecutive days; requires the offender to attend, for that part
of the three consecutive days, a drivers' intervention program
that is certified pursuant to section 3793.10 of the Revised
Code; and sentences the offender to a term of imprisonment equal
to the remainder of the three consecutive days that the offender
does not spend attending the drivers' intervention program. The
court may require the offender, as a condition of probation, to
attend and satisfactorily complete any treatment or education
programs that comply with the minimum standards adopted pursuant
to Chapter 3793. of the Revised Code by the director of alcohol
and drug addiction services, in addition to the required
attendance at a drivers' intervention program, that the operators
of the drivers' intervention program determine that the offender
should attend and to report periodically to the court on the offender's
progress in the programs. The court also may impose any other
conditions of probation on the offender that it considers
necessary.
Of the fine imposed pursuant to this division, twenty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest of the offender, as determined by the court that imposes
the fine. This share shall be used by the agency to pay only
those costs it incurs in enforcing section 4511.19 of the Revised
Code or a substantially similar municipal ordinance and in
informing the public of the laws governing the operation of a
motor vehicle while under the influence of alcohol, the dangers
of operating a motor vehicle while under the influence of
alcohol, and other information relating to the operation of a
motor vehicle and the consumption of alcoholic beverages.
Twenty-five dollars of the fine imposed pursuant to this division
shall be deposited into the county indigent drivers alcohol
treatment fund or municipal indigent drivers alcohol treatment
fund under the control of that court, as created by the county or
municipal corporation pursuant to division (N) of section
4511.191 of the Revised Code. The balance of the fine shall be
disbursed as otherwise provided by law.
(2)(a) Except as otherwise provided in division (A)(4)
of this section, if, within six years of the offense,
the offender
has been convicted of or pleaded guilty to one violation of
division (A) or (B) of section 4511.19 of the Revised Code, a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, a municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine, section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D) of that section, section 2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the offender was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of
the United States or of any other state or a
municipal ordinance of a municipal corporation located in any other state that
is substantially similar to division (A) or (B) of section 4511.19 of the
Revised Code, the offender is guilty of a misdemeanor of the first degree and,
except as provided in this division, the court shall sentence the
offender to a term of imprisonment of ten consecutive days and
may sentence the offender pursuant to section 2929.21 of the
Revised Code to a longer term of imprisonment. As an alternative
to the term of imprisonment required to be imposed by this
division, but subject to division (A)(8) of this section, the
court may impose upon the offender a sentence consisting of both
a term of imprisonment of five consecutive days and not less than
eighteen consecutive days of electronically monitored house
arrest as defined in division (A) of section 2929.23 of the
Revised Code. The five consecutive days of imprisonment and the
period of electronically monitored house arrest shall not exceed
six months. The five consecutive days of imprisonment do not
have to be served prior to or consecutively with the period of
electronically monitored house arrest.
In addition, the court shall impose upon the offender a
fine of not less than three hundred and not more than one
thousand five hundred dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10 of the Revised Code. If the officials of the drivers'
intervention program determine that the offender is alcohol
dependent, they shall notify the court, and the court shall order
the offender to obtain treatment through an alcohol and drug
addiction program authorized by section 3793.02 of the Revised
Code. The cost of the treatment shall be paid by the offender.
Of the fine imposed pursuant to this division, thirty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest of the offender, as determined by the court that imposes
the fine. This share shall be used by the agency to pay only
those costs it incurs in enforcing division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance and in informing the public of the laws governing the
operation of a motor vehicle while under the influence of
alcohol, the dangers of operating a motor vehicle while under the
influence of alcohol, and other information relating to the
operation of a motor vehicle and the consumption of alcoholic
beverages. Sixty-five dollars of the fine imposed pursuant to
this division shall be paid to the political subdivision
responsible for housing the offender during the offender's
term of
incarceration. This share shall be used by the political
subdivision to pay or reimburse incarceration costs it incurs in
housing persons who violate section 4511.19 of the Revised Code
or a substantially similar municipal ordinance and to pay for
ignition interlock devices and electronic house arrest equipment
for persons who violate that section, and shall be paid to the
credit of the fund that pays the cost of the incarceration.
Fifty dollars of the fine imposed pursuant to this division shall
be deposited into the county indigent drivers alcohol treatment
fund or municipal indigent drivers alcohol treatment fund under
the control of that court, as created by the county or municipal
corporation pursuant to division (N) of section 4511.191 of the
Revised Code. The balance of the fine shall be disbursed as
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in addition to the
penalties imposed under division (A)(2)(a) of this section and
all other penalties provided by law and subject to section
4503.235 of the Revised Code, shall order the immobilization for
ninety days of the vehicle the offender was operating at the time
of the offense and the impoundment for ninety days of the
identification license plates of that vehicle. The order for the
immobilization and impoundment shall be issued and enforced in
accordance with section 4503.233 of the Revised Code.
(3)(a) Except as otherwise provided in division (A)(4)
of this section, if, within six years of the offense,
the offender
has been convicted of or pleaded guilty to two violations of
division (A) or (B) of section 4511.19 of the Revised Code, a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, a municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine, section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D) of that section, section 2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the offender was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse,
or a statute of the United States or of any other
state or a municipal ordinance of a municipal corporation located in any other
state that is substantially similar to division (A) or (B) of section 4511.19
of the Revised Code, except as provided in this division, the court shall
sentence the offender to a term of imprisonment of thirty consecutive days and
may sentence the offender to a longer definite term of
imprisonment of not more than one year. As an alternative to the
term of imprisonment required to be imposed by this division, but
subject to division (A)(8) of this section, the court may impose
upon the offender a sentence consisting of both a term of
imprisonment of fifteen consecutive days and not less than
fifty-five consecutive days of electronically monitored house
arrest as defined in division (A) of section 2929.23 of the
Revised Code. The fifteen consecutive days of imprisonment and
the period of electronically monitored house arrest shall not
exceed one year. The fifteen consecutive days of imprisonment do
not have to be served prior to or consecutively with the period
of electronically monitored house arrest.
In addition, the court shall impose upon the offender a
fine of not less than five hundred and not more than two thousand
five hundred dollars.
In addition to any other sentence that it imposes upon the
offender, the court shall require the offender to attend an
alcohol and drug addiction program authorized by section 3793.02
of the Revised Code. The cost of the treatment shall be paid by
the offender. If the court determines that the offender is
unable to pay the cost of attendance at the treatment
program, the court may order that payment of the cost of the
offender's attendance at the treatment program be made from that
court's indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred
twenty-three dollars shall be paid to an enforcement and
education fund established by the legislative authority of the
law enforcement agency in this state that primarily was
responsible for the arrest of the offender, as determined by the
court that imposes the fine. This share shall be used by the
agency to pay only those costs it incurs in enforcing section
4511.19 of the Revised Code or a substantially similar municipal
ordinance and in informing the public of the laws governing the
operation of a motor vehicle while under the influence of
alcohol, the dangers of operating a motor vehicle while under the
influence of alcohol, and other information relating to the
operation of a motor vehicle and the consumption of alcoholic
beverages. Two hundred twenty-seven dollars of the fine imposed
pursuant to this division shall be paid to the political
subdivision responsible for housing the offender during the
offender's term
of incarceration. This share shall be used by the political
subdivision to pay or reimburse incarceration costs it incurs in
housing persons who violate division (A) of section 4511.19 of
the Revised Code or a substantially similar municipal ordinance
and to pay for ignition interlock devices and electronic house
arrest equipment for persons who violate that section and shall
be paid to the credit of the fund that pays the cost of
incarceration. The balance of the fine shall be disbursed as
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in addition to the
penalties imposed under division (A)(3)(a) of this section and
all other penalties provided by law and subject to section
4503.235 of the Revised Code, shall order the immobilization for
one hundred eighty days CRIMINAL FORFEITURE TO THE STATE of the
vehicle the offender was operating
at the time of the offense and the impoundment for one hundred
eighty days of the identification license plates of that vehicle.
The order for the immobilization and impoundment OF CRIMINAL
FORFEITURE shall be issued
and enforced in accordance with section 4503.233 4503.234 of
the Revised Code.
(4)(a) If, within six years of the offense, the offender
has been convicted of or pleaded guilty to three or more
violations of division (A) or (B) of section 4511.19 of the
Revised Code, a municipal ordinance relating to operating a
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, a municipal ordinance relating to
operating a vehicle with a prohibited concentration of alcohol in
the blood, breath, or urine, section 2903.04 of the Revised Code
in a case in which the offender was subject to the sanctions
described in division (D) of that section, section 2903.06,
2903.07, or 2903.08 of the Revised Code or a municipal ordinance
that is substantially similar to section 2903.07 of the Revised
Code in a case in which the jury or judge found that the offender
was under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse, or a statute of the United States or
of any other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to division (A) or
(B) of section 4511.19 of the Revised Code, or if the offender previously has
been convicted of or pleaded guilty to a violation of division (A) of section
4511.19 of the Revised Code under circumstances in which the violation was a
felony and regardless of when the violation and the conviction
or guilty plea occurred, the offender is guilty of a felony of
the fourth degree. The court shall sentence the offender in accordance
with sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration of sixty
consecutive days of imprisonment in accordance with division (G)(1)
of section 2929.13 of the Revised Code or a mandatory prison
term of sixty consecutive days of imprisonment in accordance with division
(G)(2) of that section, whichever is applicable. If the offender is
required to serve a mandatory term of local incarceration of sixty consecutive
days of imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 2929.17 of the
Revised Code, may impose upon the
offender a sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house arrest shall
not commence until after the offender has served the mandatory term of local
incarceration.
In addition to all other sanctions imposed, the court shall impose upon
the offender, pursuant to section 2929.18 of the Revised Code, a
fine of not less than seven hundred fifty nor more than ten
thousand dollars.
In addition to any other sanction that it imposes upon
the
offender, the court shall require the offender to attend
an alcohol
and drug addiction program authorized by section 3793.02 of the
Revised Code. The cost of the treatment shall be paid by the
offender. If the court determines that the offender is unable to
pay the cost of attendance at the treatment program, the
court may order that payment of the cost of the offender's
attendance at the treatment program be made from the court's
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, two hundred
ten dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest of the offender, as determined by the court that imposes
the fine. This share shall be used by the agency to pay only
those costs it incurs in enforcing section 4511.19 of the Revised
Code or a substantially similar municipal ordinance and in
informing the public of the laws governing operation of a motor
vehicle while under the influence of alcohol, the dangers of
operation of a motor vehicle while under the influence of
alcohol, and other information relating to the operation of a
motor vehicle and the consumption of alcoholic beverages. Three
hundred ninety dollars of the fine imposed pursuant to this
division shall be paid to the political subdivision responsible
for housing the offender during the offender's term of
incarceration. This
share shall be used by the political subdivision to pay or
reimburse incarceration costs it incurs in housing persons who
violate division (A) of section 4511.19 of the Revised Code or a
substantially similar municipal ordinance and to pay for ignition
interlock devices and electronic house arrest equipment for
persons who violate that section, and shall be paid to the credit
of the fund that pays the cost of incarceration. The balance of
the fine shall be disbursed as otherwise provided by law.
(b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in addition to the
sanctions imposed under division (A)(4)(a) of this
section and
all other sanctions provided by law and subject to
section
4503.235 of the Revised Code, shall order the criminal forfeiture
to the state of the vehicle the offender was operating at the
time of the offense. The order of criminal forfeiture shall be
issued and enforced in accordance with section 4503.234 of the
Revised Code.
(c) As used in division (A)(4)(a) of
this section, "mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section
2929.01 of the Revised Code.
If title to a motor vehicle that is subject to an order for criminal
forfeiture under this section is assigned or transferred and division (C)(2)
or (3) of section 4503.234 of the Revised Code applies, in addition to or
independent of any other penalty established by law, the court may fine the
offender the value of the vehicle as determined by publications of the
national auto dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division (D)(4) of
section 4503.234 of the Revised Code.
(5)(a) Except as provided in division (A)(5)(b) of this
section, upon a showing that imprisonment would seriously affect
the ability of an offender sentenced pursuant to division (A)(1),
(2), (3), or (4) of this section to continue the offender's
employment, the
court may authorize that the offender be granted work release
from imprisonment after the offender has served the three, ten,
or thirty consecutive days of imprisonment or the
mandatory term of local incarceration of sixty consecutive days that the
court
is required by division (A)(1), (2), (3), or (4) of this section
to impose. No court shall authorize work release from
imprisonment during the three, ten, or thirty consecutive
days of imprisonment or the mandatory term of local incarceration or
mandatory prison term of sixty consecutive
days that the court is required by division
(A)(1), (2), (3), or (4) of this section to impose. The duration
of the work release shall not exceed the time necessary each day
for the offender to commute to and from the place of employment
and the place of imprisonment and the time actually spent under
employment.
(b) An offender who is sentenced pursuant to division
(A)(2) or (3) of this section to a term of imprisonment followed
by a period of electronically monitored house arrest is not
eligible for work release from imprisonment, but that person
shall be permitted work release during the period of
electronically monitored house arrest. The duration of the work
release shall not exceed the time necessary each day for the
offender to commute to and from the place of employment and the
offender's home or other place specified by the sentencing court and the
time actually spent under employment.
(6) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence, the placement of an offender in any treatment
program
in lieu of imprisonment, or the use of a community control sanction for an
offender convicted of a felony, no court shall suspend the
ten or thirty consecutive days of imprisonment required to be imposed on an
offender by division (A)(2) or (3) of this section, no court shall place an
offender who is sentenced pursuant to division (A)(2), (3), or
(4) of this section in any treatment program in lieu of
imprisonment until after the offender has served the ten or thirty consecutive
days of imprisonment or the mandatory term of
local incarceration or mandatory prison term
of sixty consecutive days required to be imposed
pursuant to division (A)(2), (3), or (4) of this section, no court that
sentences an offender under division (A)(4) of this section shall
impose any sanction other than a mandatory term of local incarceration or
mandatory prison term to apply to the
offender until after the offender has served the mandatory term of local
incarceration or mandatory prison term of
sixty consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no
court that imposes a sentence of imprisonment and a period of
electronically monitored house arrest upon an offender under
division (A)(2) or (3) of this section shall suspend any portion
of the sentence or place the offender in any treatment program in
lieu of imprisonment or electronically monitored house arrest.
Notwithstanding any section of the Revised Code that authorizes
the suspension of the imposition or execution of a sentence or
the placement of an offender in any treatment program in lieu of
imprisonment, no court, except as specifically authorized by
division (A)(1) of this section, shall suspend the three
consecutive days of imprisonment required to be imposed by
division (A)(1) of this section or place an offender who is
sentenced pursuant to division (A)(1) of this section in any
treatment program in lieu of imprisonment until after the
offender has served the three consecutive days of imprisonment
required to be imposed pursuant to division (A)(1) of this
section.
(7) No court shall sentence an offender to an alcohol
treatment program pursuant to division (A)(1), (2), (3), or (4)
of this section unless the treatment program complies with the
minimum standards adopted pursuant to Chapter 3793. of the
Revised Code by the director of alcohol and drug addiction
services.
(8) No court shall impose the alternative sentence of a
term of imprisonment of five consecutive days plus not less than
eighteen consecutive days of electronically monitored house
arrest permitted to be imposed by division (A)(2) of this
section, or the alternative sentence of a term of imprisonment of
fifteen consecutive days plus not less than fifty-five
consecutive days of electronically monitored house arrest
permitted to be imposed pursuant to division (A)(3) of this
section, unless within sixty days of the date of sentencing, the
court issues a written finding, entered into the record, that due
to the unavailability of space at the incarceration facility
where the offender is required to serve the term of imprisonment
imposed upon the offender, the offender will not be able to
commence
serving the term of imprisonment within the sixty-day period
following the date of sentencing. If the court issues such a
finding, the court may impose the alternative sentence comprised
of a term of imprisonment and a term of electronically monitored
house arrest permitted to be imposed by division (A)(2) or (3) of
this section.
(B) Whoever violates section 4511.192, 4511.251, or
4511.85 of the Revised Code is guilty of a misdemeanor of the
first degree. The court, in addition to or independent of all
other penalties provided by law, may suspend for a period not to
exceed one year the driver's or commercial driver's license or
permit or nonresident operating privilege of any person who
pleads guilty to or is convicted of a violation of section
4511.192 of the Revised Code.
(C) Whoever violates section 4511.63, 4511.76, 4511.761,
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is
guilty of one of the following:
(1) Except as otherwise provided in division (C)(2) of
this section, a minor misdemeanor.
(2) If the offender previously has been convicted of
or pleaded guilty to one or more violations of
section 4511.63, 4511.76,
4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the Revised
Code or a municipal ordinance that is substantially similar to
any of those sections, a
misdemeanor
of the fourth degree.
(D)(1) Whoever violates any provision of sections 4511.01
to 4511.76 or section 4511.84 of the Revised Code, for which no
penalty otherwise is provided in this section is guilty of one of
the following:
(a) Except as otherwise provided in division
(D)(1)(b), (1)(c), (2), or (3) of this section,
a minor misdemeanor;
(b) If, within one year of the offense, the offender
previously has been convicted of
or pleaded guilty to one violation of any provision of
sections
4511.01 to 4511.76 or section 4511.84 of the Revised Code for
which no penalty otherwise is provided in this section or
a
municipal ordinance that is substantially similar to any
provision of sections 4511.01 to 4511.76 or section 4511.84 of
the Revised Code for which no penalty otherwise is provided in
this section, a
misdemeanor of the fourth
degree;
(c) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to two or more
violations of any provision described in division (D)(1)(b)
of
this section or any municipal ordinance that is substantially
similar to any of those provisions, a misdemeanor of the third
degree.
(2) When any person is found guilty of a first offense for
a violation of section 4511.21 of the Revised Code upon a finding
that the person operated a motor vehicle faster than
thirty-five miles an
hour in a business district of a municipal corporation, or faster
than fifty miles an hour in other portions, or faster than
thirty-five miles an hour while passing through a school zone
during recess or while children are going to or leaving school
during the opening or closing hours, the person is guilty of a
misdemeanor of the fourth degree.
(3) Notwithstanding section 2929.21 of the Revised Code,
upon a finding that such person operated a motor vehicle in a
construction zone where a sign was then posted in accordance with
section 4511.98 of the Revised Code, the court, in addition to
all other penalties provided by law, shall impose a fine of two
times the usual amount imposed for the violation. No court shall
impose a fine of two times the usual amount imposed for the
violation upon an offender who alleges, in an affidavit filed
with the court prior to the offender's sentencing, that the offender is
indigent and is unable to pay the fine imposed pursuant to this division,
provided the court determines the offender is an indigent person
and is unable to pay the fine.
(E) Whenever a person is found guilty in a court of record
of a violation of section 4511.761, 4511.762, or 4511.77 of the
Revised Code, the trial judge, in addition to or independent of
all other penalties provided by law, may suspend for any period
of time not exceeding three years, or revoke the license of any
person, partnership, association, or corporation, issued under
section 4511.763 of the Revised Code.
(F) Whoever violates division (E) or (F) of section
4511.51, division (A), (D), or (E) of section 4511.521, section
4511.681, division (A), (C), or (F) of section 4511.69, section
4511.772, or division (A) or (B) of section 4511.82 of the
Revised Code is guilty of a minor misdemeanor.
(G) Whoever violates division (A) of section 4511.75 of
the Revised Code may be fined an amount not to exceed five
hundred dollars. A person who is issued a citation for a
violation of division (A) of section 4511.75 of the Revised Code
is not permitted to enter a written plea of guilty and waive the person's
right to contest the citation in a trial, but instead must appear
in person in the proper court to answer the charge.
(H)(1) Whoever is a resident of this state and violates
division (A) or (B) of section 4511.81 of the Revised Code shall
be punished as follows:
(a) Except as otherwise provided in division (H)(1)(b) of this section, the
offender is guilty of a
minor misdemeanor.
(b) If the offender previously has been convicted of or
pleaded guilty to a violation of division (A) or (B) of section 4511.81 of the
Revised Code or of a municipal
ordinance that is substantially similar to either of those
divisions, the offender is guilty of a misdemeanor of the fourth
degree.
(2) Whoever is not a resident of this state, violates
division (A) or (B) of section 4511.81 of the Revised Code, and
fails to prove by a preponderance of the evidence that the
offender's use or nonuse of a child restraint system was in accordance
with the law
of the state of which the offender is a resident is guilty of
a minor
misdemeanor on a first offense; on a second or subsequent
offense, that person is guilty of a misdemeanor of the fourth
degree.
(3) Sixty-five per cent of every fine imposed pursuant to
division (H)(1) or (2) of this section shall be forwarded to the
treasurer of state for deposit in the "child highway safety fund"
created by division (G) of section 4511.81 of the Revised Code.
The balance of the fine shall be disbursed as otherwise provided
by law.
(I) Whoever violates section 4511.202 of the Revised Code
is guilty of operating a motor vehicle without being in control
of it, a minor misdemeanor.
(J) Whoever violates division (B) of section 4511.74,
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of
section 4511.83 of the Revised Code is guilty of a misdemeanor of
the first degree.
(K) Except as otherwise provided in this division, whoever
violates division (E) of section 4511.11, division (A) or (C) of
section 4511.17, or section 4511.18 of the Revised Code is guilty
of a misdemeanor of the third degree. If a violation of division
(A) or (C) of section 4511.17 of the Revised Code creates a risk
of physical harm to any person, the offender is guilty of a
misdemeanor of the first degree. A violation of division (A) or
(C) of section 4511.17 of the Revised Code that causes serious
physical harm to property that is owned, leased, or controlled by
a state or local authority is a felony of the fifth
degree.
(L) Whoever violates division (H) of section 4511.69 of
the Revised Code shall be punished as follows:
(1) Except as otherwise provided in
division (L)(2) of this section, the offender shall be
issued a warning.
(2) If the offender previously has been convicted of or
pleaded guilty to a violation of division (H) of section 4511.69
of the Revised Code or of a municipal ordinance that is
substantially similar to that division, the offender shall not be issued a
warning but shall be fined twenty-five dollars for each parking location
that is not
properly marked or whose markings are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section
4511.45 of the Revised Code is guilty of a misdemeanor of the
fourth degree on a first offense; on a second offense within one
year after the first offense, the person is guilty of a
misdemeanor of the third degree; and on each subsequent offense
within one year after the first offense, the person is guilty of
a misdemeanor of the second degree.
(N)(1) Whoever violates division (B) of section 4511.19
of the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows:
(a) Except as otherwise provided in division
(N)(1)(b) of this section, the offender is guilty of
a
misdemeanor of the fourth degree.
(b) If, within one year of the offense, the offender has
been convicted of or pleaded guilty to any violation of division
(A) or (B) of section 4511.19 of the Revised Code, a municipal
ordinance relating to operating a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse, a municipal ordinance relating to operating a vehicle with
a prohibited concentration of alcohol in the blood, breath, or
urine, section 2903.04 of the Revised Code in a case in which the
offender was subject to the sanctions described in division (D)
of that section, section 2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the offender was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of
the United States or of any other state or a
municipal ordinance of a municipal corporation located in any other state that
is substantially similar to division (A) or (B) of section 4511.19 of the
Revised Code, the offender is guilty of a misdemeanor of the third degree.
(2) In addition to or independent of all other penalties
provided by law, the offender's driver's or commercial driver's
license or permit or nonresident operating privilege shall be
suspended in accordance with, and for the period of time
specified in, division (E) of section 4507.16 of the Revised
Code.
(O) Whoever violates section 4511.62 of the Revised
Code is guilty of a misdemeanor of the fourth degree.
Section 2. That existing sections 4503.233, 4507.164, 4511.193, and 4511.99
of the Revised Code are hereby repealed.
Section 3. Section 4503.233 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 353 and Am. Sub. H.B. 676
of the 121st General Assembly, with the
new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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