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H. B. No. 376 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Representatives Uecker, Distel
Cosponsors:
Representatives Evans, Batchelder, Collier, Setzer, Chandler, Wagner, Bubp, Stebelton, Foley, Okey, Williams, S., Stewart, J., Fessler, Zehringer, McGregor, R., Carmichael, Peterson, Brown, Otterman, Boyd, Latta, Adams, Hite, Daniels, Fende, Combs, Schindel, Bolon, Goodwin
A BILL
To amend sections 2949.091, 2949.111, 4503.13,
4507.45, 4509.101, 4510.22, 4511.19, and 4511.191
and to enact section 120.08 of the Revised Code to
create the indigent defense support fund.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2949.091, 2949.111, 4503.13,
4507.45, 4509.101, 4510.22, 4511.19, and 4511.191 be amended and
section 120.08 of the Revised Code be enacted to read as follows:
Sec. 120.08. There is hereby created in the state treasury
the indigent defense support fund, consisting of money paid into
the fund pursuant to sections 2949.091, 4503.13, 4507.45,
4509.101, 4510.22, 4511.19, and 4511.191 of the Revised Code. The
state public defender shall use two per cent of the
money in the
fund for the purpose of appointing assistant state
public
defenders and for providing other personnel, equipment, and
facilities necessary for the operation of the state public
defender office. The state public defender shall use ninety-eight
per cent of the money in the fund for the purpose of
reimbursing
county governments for expenses incurred pursuant to
sections
120.18, 120.28, and 120.33 of the Revised Code.
The state public
defender shall make disbursements from the fund to county
governments in
each state fiscal year and shall allocate the
disbursements proportionately so
that each county receives an
equal percentage of its total cost
for operating its county
public defender system, its joint county
public defender system,
and its county appointed counsel system.
Sec. 2949.091. (A)(1)(a) The court, in which any person is
convicted of or pleads guilty to any offense other than a traffic
offense that is not a moving violation, shall impose one of the
sum of
fifteen dollars following sums as costs in the case in
addition to any other
court costs that the court is required by
law to impose upon the
offender:
(i) Thirty dollars if the offense is a felony;
(ii) Twenty dollars if the offense is a misdemeanor other
than a traffic offense that is not a moving violation;
(iii) Ten dollars if the offense is a traffic offense that
is not a moving violation, excluding parking violations. All such
(b) All moneys collected pursuant to division (A)(1)(a) of
this section during a month shall be
transmitted on or before the
twentieth day of the
following month by the clerk of the court to
the
treasurer of state and deposited by the treasurer of state
into to the credit of
the general revenue indigent defense support
fund established under section 120.08 of the Revised Code. The
court shall not waive the payment
of the additional fifteen
dollars thirty-, twenty-, or ten-dollar court costs, unless the
court
determines that the offender is indigent and waives the
payment
of all court costs imposed upon the indigent offender.
(2)(a) The juvenile court, in which a child is found to be a
delinquent child or a juvenile traffic offender for an act which,
if committed by an adult, would be an offense other than a
traffic
offense that is not a moving violation, shall impose one of the
sum of fifteen dollars following sums as costs in the case in
addition to any
other court costs that the court is required or
permitted by law
to impose upon the delinquent child or juvenile
traffic offender:
(i) Thirty dollars if the offense is a felony;
(ii) Twenty dollars if the offense is a misdemeanor other
than a traffic offense that is not a moving violation;
(iii) Ten dollars if the offense is a traffic offense that
is not a moving violation, excluding parking violations.
All such
(b) All moneys collected pursuant to division (A)(2)(a) of
this section during a month shall be transmitted on or
before the
twentieth day of
the following month by the clerk of the court to
the
treasurer of state
and deposited by the treasurer of state
into to the credit of the general revenue indigent defense support
fund established under section 120.08 of the Revised Code. The
fifteen dollars thirty-, twenty-, or ten-dollar court costs shall
be collected in all
cases unless the court determines the juvenile
is indigent and
waives the payment of all court costs, or enters
an order on its
journal stating that it has determined that the
juvenile is
indigent, that no other court costs are to be taxed in
the case,
and that the payment of the fifteen dollars thirty-,
twenty-, or ten-dollar court costs is waived.
(B) Whenever a person is charged with any offense other
than
a traffic offense that is not a moving violation and posts
bail,
the court shall add to the amount of the bail the fifteen
thirty,
twenty, or ten dollars required to be paid by division (A)(1) of
this section.
The fifteen thirty, twenty, or ten dollars shall be
retained by the clerk of the court
until the person is convicted,
pleads guilty, forfeits bail, is
found not guilty, or has the
charges dismissed. If
the person is convicted, pleads guilty, or
forfeits bail, the
clerk shall transmit the fifteen thirty,
twenty, or ten dollars on or before the twentieth day of
the
month following the month in which the person was convicted,
pleaded
guilty, or forfeited bail to the treasurer of
state, who
shall deposit it into to the credit of the general revenue
indigent defense support fund established under section 120.08 of
the Revised Code. If
the person is found not guilty or the charges
are
dismissed, the clerk shall return the fifteen thirty, twenty,
or ten dollars to the
person.
(C) No person shall be placed or held in a detention
facility
for failing to pay the additional fifteen dollars thirty-,
twenty-,
or ten-dollar court
costs or bail that are required to
be paid by
this section.
(D) As used in this section:
(1) "Moving violation" and "bail" have the same meanings
as
in section 2743.70 of the Revised Code.
(2) "Detention facility" has the same meaning as in
section
2921.01 of the Revised Code.
Sec. 2949.111. (A) As used in this section:
(1) "Court costs" means any
assessment
that the court
requires
an
offender to pay
to defray the costs of
operating the
court.
(2)
"State fines or costs" means any costs imposed or
forfeited bail
collected by the court under section 2743.70 of the
Revised Code for deposit into the
reparations fund or under
section 2949.091 of the Revised Code for deposit into the
general
revenue indigent defense support fund established under section
120.08 of the Revised Code and all fines, penalties, and forfeited
bail
collected by the
court and paid to a law library association
under
sections 3375.50 to 3375.53 of the Revised Code.
(3) "Reimbursement" means any reimbursement for the costs of
confinement
that the court orders an offender to pay pursuant to
section
2929.28 of the Revised Code,
any supervision fee, any fee
for the
costs of
house arrest
with
electronic monitoring that an
offender agrees to
pay, any
reimbursement for the
costs of an
investigation or prosecution
that the court orders an
offender to
pay pursuant to section
2929.71 of the Revised
Code, or any other
costs that the court
orders an offender to pay.
(4) "Supervision fees" means any fees that a court,
pursuant
to
sections 2929.18, 2929.28, and 2951.021 of the
Revised Code,
requires
an offender who is under a
community control sanction
to
pay for
supervision services.
(5) "Community control sanction" has the same meaning as
in
section 2929.01 of the Revised Code.
(B) Unless the court, in accordance with division (C) of
this
section, enters in the record of the case a different method
of
assigning
payments, if a person who
is
charged with a misdemeanor
is convicted of or pleads guilty
to
the
offense, if the court
orders the offender to pay any
combination
of
court costs,
state
fines or costs, restitution, a
conventional fine, or
any
reimbursement, and
if
the
offender makes any payment
of any of
them to a clerk of court,
the clerk
shall assign the
offender's
payment
in the following manner:
(1) If the court ordered the offender to pay any
court
costs,
the
offender's payment shall be assigned toward the
satisfaction
of
those court costs until
they
have been entirely paid.
(2)
If the court ordered the offender to pay any state fines
or costs and
if all of the court costs that the court ordered the
offender to pay have been
paid, the remainder of the offender's
payment shall be assigned on a pro rata
basis toward the
satisfaction of the state fines or costs until they have been
entirely paid.
(3) If the court ordered the offender to pay any
restitution
and if all of the
court costs
and state fines or costs that the
court ordered the
offender to
pay have been paid, the
remainder of
the
offender's
payment
shall be assigned toward the
satisfaction
of the
restitution until
it has been
entirely paid.
(4) If the court ordered the offender to pay any
fine and
if
all of the
court costs, state fines or
costs, and restitution
that
the court ordered the
offender to pay have been
paid, the
remainder of the
offender's payment
shall be assigned toward the
satisfaction of the fine
until
it has been entirely paid.
(5) If the court ordered the offender to pay any
reimbursement and if all of the
court costs,
state fines or costs,
restitution, and
fines
that the
court
ordered the offender to pay
have been
paid, the
remainder
of the offender's payment
shall be
assigned
toward the satisfaction of the
reimbursements
until
they
have been entirely paid.
(C) If a person who is charged with a misdemeanor is
convicted of or pleads guilty to the offense and if the court
orders the offender to pay any combination of
court costs,
state
fines or costs, restitution,
fines, or
reimbursements, the court,
at the time it orders
the
offender to
make those payments, may
prescribe
an
order of
payments
that
differs
from the
order set
forth in division (B) of
this section
by entering in
the record of
the
case the
order so
prescribed.
If a different
order is entered
in the record,
on receipt
of any payment,
the
clerk of the
court
shall assign the payment
in the manner
prescribed by the court.
Sec. 4503.13. (A) A municipal court, county court, or
mayor's court, at the
court's discretion,
may order the clerk of
the court
to send to the registrar of motor vehicles a report
containing the name,
address, and such other
information as the
registrar may require by rule, of any person for whom an
arrest
warrant has been issued by that court and is outstanding.
Upon receipt of such a report, the registrar shall enter the
information
contained in the report into the records of the bureau
of motor vehicles.
Neither the registrar nor any deputy registrar
shall issue a certificate of
registration for a motor vehicle
owner or lessee, when a lessee is
determinable under procedures
established by the registrar under division (E) of this section,
who is named in the
report until the registrar receives
notification from the municipal court,
county court, or mayor's
court that there are no
outstanding arrest warrants in the name of
the person. The registrar also
shall send a notice to the person
who is named in the report, via regular
first class mail sent to
the person's last known address as shown in the
records of the
bureau, informing the person that neither the registrar nor any
deputy registrar is permitted to issue a certificate of
registration for a
motor vehicle in the name of the person until
the registrar receives
notification that there are no outstanding
arrest warrants in the name of the
person.
(B) A clerk who reports an outstanding
arrest warrant in
accordance with division (A)
of this section immediately shall
notify the registrar when the warrant has
been executed and
returned to the issuing
court or has been canceled.
Upon receipt of such notification, the registrar shall charge
and collect from the
person named in the executed or canceled
arrest warrant a processing fee of
fifteen twenty-five dollars to
cover the costs of the bureau in administering this
section. The
registrar shall deposit all such processing fees fifteen dollars
of the fee into the state bureau of motor vehicles fund created by
section 4501.25 of the Revised Code to cover the costs of the
bureau in administering this section and shall pay ten dollars of
the fee into the state treasury to the credit of the indigent
defense support fund established under section 120.08 of the
Revised Code.
Upon payment of the processing fee, the registrar
shall cause
the report of that outstanding arrest warrant to be removed from
the records of the bureau and, if there are no other outstanding
arrest
warrants issued by a municipal court, county court, or
mayor's court in the name of the person
and the person otherwise
is eligible to be
issued a certificate of registration for a motor
vehicle, the registrar or a
deputy registrar may issue a
certificate of registration for a motor vehicle
in
the name of the
person named in the executed or canceled arrest warrant.
(C) Neither the registrar, any employee
of the bureau, a
deputy registrar, nor any employee of a deputy registrar is
personally liable for damages or injuries resulting from any error
made by a
clerk in entering information contained in a report
submitted to the registrar
under this section.
(D) Any information submitted to the registrar by a clerk
under
this section shall be transmitted by means of an electronic
data transfer
system.
(E) The registrar shall determine the procedures and
information
necessary to implement this section in regard to motor
vehicle lessees.
Division (A) of this section shall not apply to
cases involving a
motor vehicle lessee until such procedures are
established.
Sec. 4507.45. If a person's driver's license, commercial
driver's
license, or nonresident operating privilege is suspended,
disqualified, or
canceled for an indefinite period of
time
or for
a period of at least ninety days, and if at the end of the
period
of suspension, disqualification, or
cancellation
the
person is
eligible to have the license or privilege
reinstated, the
registrar of motor vehicles shall collect a
reinstatement fee of
thirty forty
dollars
when the person requests
reinstatement. The
registrar shall deposit thirty dollars of the fee into the state
bureau of motor vehicles fund created by section 4501.25 of the
Revised Code and shall pay ten dollars of the fee into the state
treasury to the credit of the indigent defense support fund
established under section 120.08 of the Revised Code. However,
the
registrar
shall not collect the fee
prescribed by this section
if
a
different driver's license,
commercial driver's
license, or
nonresident operating privilege
reinstatement fee is
prescribed by
law.
Sec. 4509.101. (A)(1) No person shall operate, or permit
the
operation of, a motor vehicle in this state, unless proof of
financial responsibility is maintained continuously throughout
the
registration period with respect to that vehicle, or, in the
case
of a driver who is not the owner, with respect to that
driver's
operation of that vehicle.
(2) Whoever violates division (A)(1) of this section shall
be
subject to the following civil penalties:
(a)
Subject
to divisions (A)(2)(b) and (c) of this
section,
a
class
E
suspension of the person's driver's license, commercial
driver's
license, temporary instruction permit, probationary
license, or
nonresident
operating privilege for the period of time
specified
in division
(B)(5) of
section 4510.02 of the Revised
Code and
impoundment of the person's license.
The
court
may
grant
limited driving privileges to the person only if the
person
presents proof of financial responsibility and has complied
with
division
(A)(5) of this section.
(b) If, within
five years of the violation, the person's
operating privileges
are again suspended and the person's license
again is impounded
for a violation of division
(A)(1) of this
section,
a class
C suspension of the person's
driver's license,
commercial driver's
license, temporary
instruction permit,
probationary license, or nonresident
operating
privilege for the
period of time specified in division
(B)(3) of
section 4510.02 of
the Revised Code. The court may grant limited
driving privileges
to the
person only if the person presents proof
of financial
responsibility and has
complied with division (A)(5)
of this
section, and no court may grant
limited driving privileges
for the
first fifteen days of the
suspension.
(c)
If, within five years of the violation, the
person's
operating privileges are suspended and the person's license is
impounded two or more times for a violation of division (A)(1) of
this section, a class B suspension of the person's driver's
license, commercial driver's license, temporary instruction
permit,
probationary license, or nonresident operating privilege
for the period of
time
specified in division (B)(2) of section
4510.02 of the Revised Code. No court may
grant limited driving
privileges during the suspension.
(d) In addition to
the suspension of an owner's
license
under
division (A)(2)(a), (b),
or
(c) of this
section, the
suspension of
the
rights of the owner to register the motor
vehicle and the
impoundment of the owner's certificate of
registration and
license
plates until the owner complies with
division (A)(5)
of this
section.
(3) A person to whom this state has issued a certificate
of
registration for a motor vehicle or a license to operate a
motor
vehicle or who is determined to have operated any motor
vehicle or
permitted the operation in this state of a motor
vehicle owned by
the person shall be required to verify the
existence of proof of
financial responsibility covering the
operation of the motor
vehicle or the person's operation of the
motor vehicle under any
of the following circumstances:
(a) The person or a motor vehicle owned by the person is
involved in a traffic accident that requires the filing of an
accident report under section 4509.06 of the Revised Code.
(b) The person receives a traffic ticket indicating that
proof of the maintenance of financial responsibility was not
produced upon the request of a peace officer or state highway
patrol trooper made in accordance with division (D)(2) of
this
section.
(c) Whenever, in accordance with rules adopted by the
registrar, the person is randomly selected by the registrar and
requested to provide such verification.
(4) An order of the registrar that suspends and
impounds a
license or
registration, or both, shall state the date on or
before which
the person is required to surrender the person's
license or
certificate of registration and license plates. The
person
is deemed to have surrendered the license or certificate of
registration and license plates, in compliance with the
order, if
the person does either of the following:
(a) On or before the date specified in the order,
personally
delivers the license or certificate of registration
and license
plates, or causes the delivery of the items, to
the registrar;
(b) Mails the license or certificate of registration and
license plates to the registrar in an envelope or container
bearing a
postmark showing
a date no later than the date specified
in the order.
(5) Except as provided in division (A)(6)
or (L) of this
section,
the registrar shall not restore any operating
privileges
or
registration rights suspended under this section,
return any
license, certificate of registration, or license
plates impounded
under this section, or reissue license plates
under section
4503.232 of the Revised Code, if the registrar
destroyed the
impounded license plates under that section,
or reissue a license
under section
4510.52 of the
Revised Code,
if the
registrar
destroyed the suspended license under that
section,
unless the
rights are not subject to suspension or
revocation
under any other
law and unless the person, in addition
to
complying with all other
conditions required by law for
reinstatement of the operating
privileges or registration rights,
complies with all of the
following:
(a) Pays a financial responsibility reinstatement fee of
seventy-five one hundred dollars for the first violation of
division (A)(1)
of
this section, two three hundred fifty dollars
for a second violation
of
that division, and five six hundred
dollars for a third or
subsequent
violation of that division;
(b) If the person has not voluntarily surrendered the
license, certificate, or license plates in compliance with the
order,
pays a financial responsibility nonvoluntary compliance fee
in an
amount, not to exceed fifty dollars, determined by the
registrar;
(c) Files and continuously maintains proof of financial
responsibility under sections 4509.44 to 4509.65 of the Revised
Code.
(6) If the registrar issues an order under division
(A)(2)
of
this
section resulting from the failure of a person to respond
to
a financial
responsibility random verification request under
division (A)(3)(c) of this section and the person
successfully
maintains an affirmative defense to a violation of section
4510.16
of the
Revised Code or is determined by the registrar or a
deputy
registrar to have been in compliance with division (A)(1)
of this
section at the time of the initial financial
responsibility random
verification request, the
registrar shall do
both of the
following:
(a) Terminate the order of suspension or impoundment;
(b) Restore the operating privileges and registration rights
of
the person without payment of the fees established in divisions
(A)(5)(a) and (b) of this section and
without a requirement to
file proof of financial responsibility.
(B)(1) Every party required to
file an accident report under
section 4509.06 of the Revised Code also shall
include with the
report a document described in division (G)(1) of this
section.
If the registrar determines, within forty-five days after
the
report is filed, that an operator or owner has violated
division
(A)(1) of this section, the registrar shall do all of the
following:
(a) Order the impoundment, with respect to the motor
vehicle
involved, required under division (A)(2)(d) of this
section, of
the certificate of registration and license
plates of any owner
who has violated division (A)(1) of this
section;
(b) Order the suspension required under division (A)(2)(a),
(b),
or
(c)
of this section of the license of any operator or
owner who has
violated division (A)(1) of this section;
(c) Record the name and address of the person whose
certificate of registration and license plates have been
impounded
or are under an order of impoundment, or whose license
has been
suspended or is under an order of suspension; the serial
number of
the person's license; the serial numbers of
the person's
certificate of
registration and license plates; and the person's
social
security account number, if assigned, or, where the motor
vehicle
is used for hire or principally in connection with any
established business, the person's federal taxpayer
identification
number. The information shall be recorded in such
a manner that
it
becomes a part of the person's permanent record,
and assists
the
registrar in monitoring compliance with the
orders of
suspension
or impoundment.
(d) Send written notification to every person to whom the
order pertains, at the person's last known address as shown on
the
records of the bureau. The person, within ten days
after the date
of the mailing of the notification, shall surrender to
the
registrar, in a manner set forth in division (A)(4) of this
section, any certificate of registration and registration plates
under an order of impoundment, or any license under an order of
suspension.
(2) The registrar shall issue any order under division
(B)(1)
of this section without a hearing. Any person
adversely
affected
by the order, within ten days after the issuance of
the
order, may
request an administrative hearing before the
registrar,
who shall
provide the person with an opportunity for a
hearing in
accordance
with this paragraph. A request for a
hearing does not
operate as a
suspension of the order. The scope
of the hearing
shall be limited
to whether the person in fact
demonstrated to the
registrar proof
of financial responsibility
in accordance with
this section. The
registrar shall determine
the date, time, and
place of any
hearing, provided that the
hearing shall be held, and
an order
issued or findings made,
within thirty days after the
registrar
receives a request for a
hearing. If requested by the
person in
writing, the registrar
may designate as the place of
hearing the
county seat of the
county in which the person resides
or a place
within fifty miles
of the person's residence. The
person shall pay
the cost of the
hearing before the registrar, if
the registrar's
order of
suspension or impoundment is upheld.
(C) Any order of suspension or impoundment issued under
this
section or division (B) of section 4509.37 of the Revised
Code may
be terminated at any time if the registrar determines
upon a
showing of proof of financial responsibility that the
operator or
owner of the motor vehicle was in compliance with
division (A)(1)
of this section at the time of the traffic
offense, motor vehicle
inspection, or accident that
resulted in
the order against the
person. A determination may be made
without a hearing. This
division does not apply unless the
person shows good cause for the
person's failure to present
satisfactory proof of financial
responsibility to the
registrar prior to the issuance of the
order.
(D)(1) For the purpose of enforcing this section, every
peace
officer is deemed an agent of the registrar.
(a) Except as provided in division
(D)(1)(b) of this
section,
any peace
officer who, in the performance of the peace
officer's
duties as
authorized by
law, becomes aware of a person
whose
license is under an order of
suspension, or whose
certificate of
registration and license
plates are under an order
of impoundment,
pursuant to this
section, may confiscate the
license, certificate
of
registration, and license plates, and
return them to the
registrar.
(b) Any peace officer who, in the performance of the peace
officer's duties as authorized by law, becomes aware of a person
whose license
is under an order of
suspension, or whose
certificate of registration and license
plates are under an order
of impoundment resulting from failure to
respond to a financial
responsibility random verification, shall
not, for that reason,
arrest the owner or operator or seize the vehicle or
license
plates. Instead, the peace officer shall issue a citation for a
violation of
section
4510.16
of the
Revised Code specifying the
circumstances as failure to respond to
a financial responsibility
random
verification.
(2) A peace officer shall request the owner or operator of
a
motor vehicle to produce proof of financial responsibility in a
manner described in division (G) of this section at the
time the
peace officer acts to enforce the traffic laws of this state and
during motor vehicle inspections conducted pursuant to section
4513.02 of the Revised Code.
(3) A peace officer shall indicate on every traffic ticket
whether the person receiving the traffic ticket produced proof of
the maintenance of financial responsibility in response to the
officer's request under division (D)(2) of this section.
The
peace officer shall inform every person who receives a traffic
ticket and who has failed to produce proof of
the
maintenance of
financial responsibility that the person
must submit proof to the
traffic violations bureau with any payment of a
fine and costs for
the ticketed violation or, if the person is to
appear in court for
the
violation, the person must submit proof
to the court.
(4)(a) If a person who has failed to produce proof
of
the
maintenance of financial responsibility appears in court for a
ticketed
violation, the court may permit the defendant to present
evidence
of proof of financial responsibility to the court at such
time
and in such manner as the court determines to be necessary or
appropriate. In a manner prescribed by the registrar, the clerk of
courts shall provide the registrar
with
the identity of any person
who fails to submit proof of the
maintenance of financial
responsibility pursuant to division
(D)(3) of this section.
(b) If a person who has failed to produce proof of the
maintenance of financial responsibility also fails to submit that
proof to the
traffic violations bureau with payment of a fine and
costs for the ticketed
violation, the traffic violations bureau,
in a manner prescribed by the registrar,
shall notify the
registrar of the
identity of that person.
(5)(a) Upon receiving notice from a clerk of courts or
traffic
violations bureau pursuant to division (D)(4) of this
section,
the registrar shall
order the suspension of the license
of the person required under division
(A)(2)(a), (b),
or
(c) of
this section and the
impoundment of the
person's certificate of
registration and license plates required under
division
(A)(2)(d)
of this section, effective thirty
days after the date
of the
mailing of notification. The registrar also
shall notify
the
person
that the person must present the registrar with proof
of
financial
responsibility in accordance with this section,
surrender to the
registrar the person's certificate of
registration,
license plates,
and license, or submit a statement
subject to section 2921.13 of
the Revised Code that the person did
not operate or permit
the operation
of the motor vehicle at the
time of the offense.
Notification
shall be in writing and shall
be sent to the person at the person's
last known address as shown
on the records of the bureau of motor
vehicles. The person,
within
fifteen days after the date
of the mailing of notification,
shall
present proof of financial
responsibility, surrender the
certificate of registration,
license plates, and license to the
registrar in a
manner set
forth in division (A)(4) of this
section, or submit the statement
required under this section
together with other information the
person considers appropriate.
If the registrar does not receive proof or the person
does
not surrender the certificate
of registration, license plates,
and
license, in accordance with this division, the registrar shall
permit
the order
for the suspension of the license of the person
and the
impoundment of the person's
certificate of registration
and license plates
to take effect.
(b) In the case of a person who presents, within the
fifteen-day period, documents to show proof of financial
responsibility, the registrar shall terminate the order of
suspension and the impoundment of the registration and license
plates required
under division (A)(2)(d) of this section and
shall
send
written notification
to the person, at the person's
last
known address as shown on the records of
the bureau.
(c) Any person adversely affected by the order of the
registrar under division (D)(5)(a) or (b) of this section,
within
ten days after the issuance of the order, may request an
administrative hearing before the registrar, who shall provide
the
person with an opportunity for a hearing in accordance with
this
paragraph. A request for a hearing does not operate as a
suspension of the order. The scope of the hearing shall be
limited
to whether, at the time of the hearing, the person presents proof
of financial responsibility covering the vehicle and whether the
person is eligible for an exemption in accordance with
this
section or any rule adopted under it. The registrar shall
determine the date, time, and
place of any hearing; provided, that
the hearing shall be held,
and an order issued or findings made,
within thirty days after
the
registrar receives a request for a
hearing. If requested by
the
person in writing, the registrar may
designate as the place
of
hearing the county seat of the county in
which the person
resides
or a place within fifty miles of the
person's residence.
Such
person shall pay the cost of the hearing
before the
registrar, if
the registrar's order of suspension or
impoundment
under division
(D)(5)(a) or (b) of this section is
upheld.
(6) A peace officer may charge an owner or operator of a
motor vehicle with a violation of
section
4510.16 of the Revised
Code when the owner or operator
fails to
show proof of the
maintenance of financial responsibility
pursuant to a peace
officer's request under division (D)(2)
of
this section, if a
check of the owner or operator's driving
record
indicates that the
owner or operator, at the time of the
operation
of the motor
vehicle, is required to file and maintain
proof of
financial
responsibility under section 4509.45 of the
Revised Code
for a
previous violation of this chapter.
(7) Any forms used by law enforcement agencies in
administering this section shall be prescribed, supplied, and paid
for by the
registrar.
(8) No peace officer, law enforcement agency employing a
peace officer, or political subdivision or governmental agency
that employs a peace officer shall be liable in a civil action
for
damages or loss to persons arising out of the performance of
any
duty required or authorized by this section.
(9) As used in this division and divisions
(E) and (G) of
this section, "peace officer" has the meaning set forth in
section
2935.01 of the Revised Code.
(E) All fees, except court costs and the amounts of the
financial responsibility reinstatement fee paid as specified in
division (E)(1) of this section, collected under this
section
shall be paid into the state treasury to the credit of
the
financial responsibility compliance fund. The financial
responsibility compliance fund shall be used exclusively to cover
costs incurred by the bureau in the administration of this
section
and sections 4503.20, 4507.212, and 4509.81 of the
Revised Code,
and by any law enforcement agency employing any
peace officer who
returns any license, certificate of
registration, and license
plates to the registrar pursuant
to division (C) of this section,
except that the director
of
budget and management may transfer
excess money from the
financial responsibility compliance fund to
the state
bureau of motor vehicles fund if the registrar
determines that the amount of
money
in the financial
responsibility compliance fund exceeds the
amount required to
cover such costs incurred by the bureau or a
law enforcement
agency and requests the director to make the
transfer.
(1) Twenty-five dollars of the financial responsibility
reinstatement fee paid under division (A)(5)(a) of this section
for a first violation of division (A)(1) of this section, fifty
dollars of the financial responsibility reinstatement fee paid
under division (A)(5)(a) of this section for a second violation of
division (A)(1) of this section, and one hundred dollars of the
financial responsibility reinstatement fee paid under division
(A)(5)(a) of this section for a third or subsequent violation of
division (A)(1) of this section shall be paid into the state
treasury to the credit of the indigent defense support fund
established under section 120.08 of the Revised Code.
(2) All investment earnings of the financial responsibility
compliance fund shall be credited to the fund.
(F) Chapter 119. of the Revised Code applies to this
section
only to the extent that any provision in that chapter is
not
clearly inconsistent with this section.
(G)(1) The registrar, court, traffic violations
bureau, or
peace officer may require
proof of financial responsibility to be
demonstrated by use of a
standard form prescribed by the
registrar. If the use of a
standard form is not required, a
person
may demonstrate proof of
financial responsibility under
this
section by presenting to the
traffic violations bureau,
court,
registrar, or peace officer
any of the following documents
or a
copy of the documents:
(a) A financial responsibility identification card as
provided in section
4509.103 of the Revised Code;
(b) A certificate of proof of financial responsibility on
a
form provided and approved by the registrar for the filing of
an
accident report required to be filed under section 4509.06 of
the
Revised Code;
(c) A policy of liability insurance, a declaration page of
a
policy of liability insurance, or liability bond, if the policy
or
bond complies with section 4509.20 or sections 4509.49 to
4509.61
of the Revised Code;
(d) A bond or certification of the issuance of a bond as
provided in section 4509.59 of the Revised Code;
(e) A certificate of deposit of money or securities as
provided in section 4509.62 of the Revised Code;
(f) A certificate of self-insurance as provided in section
4509.72 of the Revised Code.
(2) If a person fails to demonstrate proof of financial
responsibility in a manner described in division (G)(1) of
this
section, the person may demonstrate proof of financial
responsibility under this section by any other method that the
court or the bureau, by reason of circumstances in a particular
case, may consider appropriate.
(3) A motor carrier certificated by the interstate
commerce
commission or by the public utilities commission may
demonstrate
proof of financial responsibility by providing a
statement
designating the motor carrier's operating authority and
averring
that the insurance coverage required by the
certificating
authority is in full force and effect.
(4)(a) A finding by the registrar or court that a person
is
covered by proof of financial responsibility in the form of an
insurance policy or surety bond is not binding upon the named
insurer or surety or any of its officers, employees, agents, or
representatives and has no legal effect except for the purpose of
administering this section.
(b) The preparation and delivery of a financial
responsibility identification card or any other document
authorized to be used as proof of financial responsibility under
this division does not do any of the following:
(i) Create any liability or estoppel against an insurer or
surety, or any of its officers, employees, agents, or
representatives;
(ii) Constitute an admission of the existence of, or of
any
liability or coverage under, any policy or bond;
(iii) Waive any defenses or counterclaims available to an
insurer, surety, agent, employee, or representative in an action
commenced by an insured or third-party claimant upon a cause of
action alleged to have arisen under an insurance policy or surety
bond or by reason of the preparation and delivery of a document
for use as proof of financial responsibility.
(c) Whenever it is determined by a final judgment in a
judicial proceeding that an insurer or surety, which has been
named on a document accepted by a court or the registrar as proof
of financial responsibility covering the operation of a motor
vehicle at the time of an accident or offense, is not liable to
pay a judgment for injuries or damages resulting from such
operation, the registrar, notwithstanding any previous
contrary
finding, shall forthwith suspend the operating privileges and
registration rights of the person against whom the judgment was
rendered as provided in division (A)(2) of this section.
(H) In order for any document described in division
(G)(1)(b)
of this section to be used for the demonstration
of
proof of
financial responsibility under this section, the
document
shall
state the name of the insured or obligor, the name
of the
insurer
or surety company, and the effective and
expiration dates
of the
financial responsibility, and designate
by explicit
description or
by appropriate reference all motor
vehicles covered
which may
include a reference to fleet insurance
coverage.
(I) For purposes of this section, "owner" does not include
a
licensed motor vehicle leasing dealer as defined in section
4517.01 of the Revised Code, but does include a motor vehicle
renting dealer as defined in section 4549.65 of the Revised
Code.
Nothing in this section or in section 4509.51 of the Revised Code
shall be
construed to prohibit a motor vehicle renting dealer
from
entering into a contractual agreement with a person whereby
the
person renting the motor vehicle agrees to be solely responsible
for
maintaining proof of
financial responsibility, in accordance
with this section, with
respect to the operation, maintenance, or
use of the motor vehicle during the
period
of the motor vehicle's
rental.
(J) The purpose of this section is to require the
maintenance
of proof of financial responsibility with respect to
the operation
of motor vehicles on the highways of this state, so
as to minimize
those situations in which persons are not
compensated for injuries
and damages sustained in motor vehicle
accidents. The general
assembly finds that this section contains
reasonable civil
penalties and procedures for achieving this
purpose.
(K) Nothing in this section shall be construed to be
subject
to section 4509.78 of the Revised Code.
(L)(1)
The registrar may terminate any suspension imposed
under
this section and not require the owner to comply with
divisions
(A)(5)(a), (b), and (c) of this section if the registrar
with or
without a hearing determines that the owner of the vehicle
has
established by clear and convincing evidence that all of the
following apply:
(a) The owner customarily maintains proof of financial
responsibility.
(b) Proof of financial responsibility was not in effect for
the vehicle on the date in question for one of the following
reasons:
(i) The vehicle was inoperable.
(ii) The vehicle is operated only seasonally, and the date in
question was outside the season of operation.
(iii) A person other than the vehicle owner or driver was at
fault for the lapse of proof of financial responsibility through
no fault of the owner or driver.
(iv) The lapse of proof of financial responsibility was
caused by excusable neglect under circumstances that are not
likely to recur and do not suggest a purpose to evade the
requirements of this chapter.
(2) The registrar may grant an owner or driver relief for a
reason specified in division (L)(1)(b)(i) or (ii) of this section
whenever the owner or driver is randomly selected to verify the
existence of proof of financial responsibility for such a vehicle.
However, the registrar may grant an owner or driver relief for a
reason specified in division (L)(1)(b)(iii) or (iv) of this
section only if the owner or driver has not previously been
granted
relief under division (L)(1)(b)(iii) or (iv) of this
section.
(M) The registrar shall adopt rules in accordance with
Chapter 119. of the Revised Code that are necessary to administer
and enforce this section. The rules shall include procedures for
the surrender of license plates upon failure to maintain
proof of
financial responsibility and provisions relating to
reinstatement
of registration rights, acceptable forms of proof
of financial
responsibility, and verification of the existence of
financial
responsibility during the period of registration.
Sec. 4510.22. (A) If a person who has a current
valid
Ohio
driver's, commercial driver's license,
or
temporary
instruction
permit is charged with a
violation of any provision in
sections
4511.01 to 4511.76,
4511.84,
4513.01 to 4513.65,
or
4549.01
to
4549.65 of the Revised Code
that is classified as a
misdemeanor
of
the first, second, third,
or fourth degree or with
a violation
of
any
substantially equivalent
municipal ordinance
and if the person
either fails to appear in court at the
required
time and place to
answer the charge or pleads guilty to
or is
found guilty of the
violation and fails within the time
allowed by
the court to pay
the fine imposed by the court, the
court shall
declare the
forfeiture of the person's
license.
Thirty
days
after the
declaration of forfeiture, the court shall
inform
the registrar of
motor vehicles of the
forfeiture by
entering
information
relative
to the
of forfeiture on a
form
approved and furnished by
the
registrar and sending the form
to the registrar. The court
also
shall forward
the person's
license, if it is in the
possession of
the
court, to the
registrar.
The registrar shall
impose a class F
suspension of
the
person's driver's or commercial driver's license,
or temporary
instruction permit for the period of time specified in division
(B)(6) of section 4510.02 of the Revised Code on
any person who is
named in a declaration received by the registrar under this
section. The registrar shall send written
notification
of the
suspension to the person
at
the person's last
known
address and,
if the person is in possession of the license,
order
the person to
surrender the person's
license
or permit to
the registrar within
forty-eight
hours.
No valid driver's or
commercial driver's license shall be
granted to the person after
the suspension, unless the court
having
jurisdiction of the offense that led to the
suspension
orders that the
forfeiture be terminated.
The court
shall
order
the termination of the forfeiture if the person
thereafter appears
to answer the charge and pays any fine imposed
by the court or
pays the fine originally imposed by the court.
The
court
shall
inform the registrar of the termination of the
forfeiture by
entering
information relative to the
termination on a form
approved and furnished by
the registrar and
sending the form to
the registrar. The
person
shall pay to the bureau
of motor
vehicles a fifteen-dollar twenty-five-dollar reinstatement fee
to
cover the costs of the
bureau
in administering
this
section. The
registrar
shall
deposit fifteen dollars of
the fee into
the state
bureau of
motor vehicles fund
created
by section 4501.25 of the
Revised
Code to cover the costs of the bureau in administering
this section and shall pay ten dollars of the fee into the state
treasury to the credit of the indigent defense support fund
established under section 120.08 of the Revised Code.
(B) In addition to suspending the driver's or commercial
driver's license
or permit of the person named in a declaration of
forfeiture, the registrar, upon
receipt from the court
of the copy
of the declaration of
forfeiture, shall
take any measures that
may
be necessary to ensure that neither the
registrar
nor any
deputy
registrar accepts any application for the
registration or
transfer
of registration of any motor vehicle
owned or leased by
the person
named in the declaration of forfeiture.
However, for a motor
vehicle
leased by a person named
in a declaration of forfeiture,
the registrar
shall not
implement
the preceding sentence until
the
registrar
adopts
procedures for
that implementation under section
4503.39
of
the
Revised Code.
The
period of denial of registration
or transfer
shall continue
until
such time as the court having
jurisdiction of
the offense
that led
to the suspension
orders the
forfeiture
be
terminated. Upon
receipt
by the registrar of
an
order
terminating
the
forfeiture, the registrar also
shall take
any
measures
that may be
necessary to
permit the person to
register a
motor vehicle owned
or leased by the person or
to
transfer the
registration of such a
motor vehicle, if the person
later
makes
application to take such
action and otherwise is
eligible to
register
the motor vehicle or
to transfer its
registration.
The registrar shall not be required to give effect to any
declaration of
forfeiture or order terminating a
forfeiture
provided by a court under this
section
unless the information
contained in the declaration or order is
transmitted to the
registrar by means of an electronic transfer
system. The registrar
shall not restore the person's driving or vehicle registration
privileges until the person pays the reinstatement fee as provided
in this section.
The
period of denial relating to the
issuance
or transfer of
a certificate of registration for a motor
vehicle imposed
pursuant
to
this division
remains in effect
until the person pays any fine
imposed by the
court relative to the offense.
Sec. 4511.19. (A)(1) No person shall operate any vehicle,
streetcar, or trackless trolley
within this state, if,
at the
time
of the operation, any of the
following apply:
(a) The person is under the influence of alcohol, a drug
of
abuse, or
a
combination of
them.
(b) The person has a concentration of eight-hundredths of
one
per cent or more
but less than seventeen-hundredths of one per
cent
by weight
per unit volume of alcohol in the person's
whole
blood.
(c)
The person has a concentration of ninety-six-thousandths
of
one per
cent or more but less than two hundred four-thousandths
of
one per cent
by weight per unit volume of alcohol in the
person's
blood serum or
plasma.
(d) The person has a concentration of eight-hundredths of
one
gram or more but less than seventeen-hundredths of one gram
by
weight of alcohol per two hundred ten liters
of the person's
breath.
(e) The person has a concentration of eleven-hundredths
of
one gram or more
but less than two hundred
thirty-eight-thousandths of one gram
by weight of alcohol per one
hundred
milliliters of the person's urine.
(f) The person has a concentration of
seventeen-hundredths
of
one per cent or more by weight
per unit
volume
of alcohol in
the
person's
whole blood.
(g)
The person has a concentration of two hundred
four-thousandths of one per cent or more by weight per unit volume
of alcohol
in the person's blood serum or plasma.
(h) The person has a concentration of
seventeen-hundredths
of
one gram or more by weight of alcohol per
two hundred ten
liters
of the person's breath.
(i) The person has a concentration of two hundred
thirty-eight-thousandths of one gram or more by weight of alcohol
per one hundred milliliters of the person's urine.
(j) Except as provided in division (K) of this section, the
person has a concentration of any of the following controlled
substances or metabolites of a controlled substance in the
person's whole blood, blood serum or plasma, or urine that equals
or exceeds any of the following:
(i) The person has a concentration of amphetamine in the
person's urine of at least five hundred nanograms of amphetamine
per milliliter of the person's urine or has a concentration of
amphetamine in the person's whole blood or blood serum or plasma
of at least one hundred nanograms of amphetamine per milliliter of
the person's whole blood or blood serum or plasma.
(ii) The person has a concentration of cocaine in the
person's urine of at least one hundred fifty nanograms of cocaine
per milliliter of the person's urine or has a concentration of
cocaine in the person's whole blood or blood serum or plasma of at
least fifty nanograms of cocaine per milliliter of the person's
whole blood or blood serum or plasma.
(iii) The person has a concentration of cocaine metabolite in
the person's urine of at least one hundred fifty nanograms of
cocaine metabolite per milliliter of the person's urine or has a
concentration of cocaine metabolite in the person's whole blood or
blood serum or plasma of at least fifty nanograms of cocaine
metabolite per milliliter of the person's whole blood or blood
serum or plasma.
(iv) The person has a concentration of heroin in the person's
urine of at least two thousand nanograms of heroin per milliliter
of the person's urine or has a concentration of heroin in the
person's whole blood or blood serum or plasma of at least fifty
nanograms of heroin per milliliter of the person's whole blood or
blood serum or plasma.
(v) The person has a concentration of heroin metabolite
(6-monoacetyl morphine) in the person's urine of at least ten
nanograms of heroin metabolite (6-monoacetyl morphine) per
milliliter of the person's urine or has a concentration of heroin
metabolite (6-monoacetyl morphine) in the person's whole blood or
blood serum or plasma of at least ten nanograms of heroin
metabolite (6-monoacetyl morphine) per milliliter of the person's
whole blood or blood serum or plasma.
(vi) The person has a concentration of L.S.D. in the person's
urine of at least twenty-five nanograms of L.S.D. per milliliter
of the person's urine or a concentration of L.S.D. in the person's
whole blood or blood serum or plasma of at least ten nanograms of
L.S.D. per milliliter of the person's whole blood or blood serum
or plasma.
(vii) The person has a concentration of marihuana in the
person's urine of at least ten nanograms of marihuana per
milliliter of the person's urine or has a concentration of
marihuana in the person's whole blood or blood serum or plasma of
at least two nanograms of marihuana per milliliter of the person's
whole blood or blood serum or plasma.
(viii) Either of the following applies:
(I) The person is under the influence of alcohol, a drug of
abuse, or a combination of them, and, as measured by gas
chromatography mass spectrometry, the person has a concentration
of marihuana metabolite in the person's urine of at least fifteen
nanograms of marihuana metabolite per milliliter of the person's
urine or has a concentration of marihuana metabolite in the
person's whole blood or blood serum or plasma of at least five
nanograms of marihuana metabolite per milliliter of the person's
whole blood or blood serum or plasma.
(II) As measured by gas chromatography mass spectrometry, the
person has a concentration of marihuana metabolite in the person's
urine of at least thirty-five nanograms of marihuana metabolite
per milliliter of the person's urine or has a concentration of
marihuana metabolite in the person's whole blood or blood serum or
plasma of at least fifty nanograms of marihuana metabolite per
milliliter of the person's whole blood or blood serum or plasma.
(ix) The person has a concentration of methamphetamine in the
person's urine of at least five hundred nanograms of
methamphetamine per milliliter of the person's urine or has a
concentration of methamphetamine in the person's whole blood or
blood serum or plasma of at least one hundred nanograms of
methamphetamine per milliliter of the person's whole blood or
blood serum or plasma.
(x) The person has a concentration of phencyclidine in the
person's urine of at least twenty-five nanograms of phencyclidine
per milliliter of the person's urine or has a concentration of
phencyclidine in the person's whole blood or blood serum or plasma
of at least ten nanograms of phencyclidine per milliliter of the
person's whole blood or blood serum or plasma.
(2) No person who, within twenty years of the conduct
described in division (A)(2)(a) of this section, previously has
been convicted of or pleaded guilty to a violation of this
division, division (A)(1) or (B) of this section, or a municipal
OVI offense shall do both of the following:
(a) Operate any vehicle, streetcar, or trackless trolley
within this state while under the influence of alcohol, a drug of
abuse, or a combination of them;
(b) Subsequent to being arrested for operating the vehicle,
streetcar, or trackless trolley as described in division (A)(2)(a)
of this section, being asked by a law enforcement officer to
submit to a chemical test or tests under section 4511.191 of the
Revised Code, and being advised by the officer in accordance with
section 4511.192 of the Revised Code of the consequences of the
person's refusal or submission to the test or tests, refuse to
submit to the test or tests.
(B) No person under twenty-one years of age shall operate
any
vehicle, streetcar, or trackless trolley within this state,
if,
at
the time of the operation, any of the following
apply:
(1) The person has a concentration of at least
two-hundredths
of one per cent but less than eight-hundredths of
one
per cent by
weight
per unit volume of alcohol in the person's
whole blood.
(2)
The person has a concentration of at least
three-hundredths of one per
cent but less than
ninety-six-thousandths
of one per cent by weight per unit volume
of alcohol in the
person's blood serum or plasma.
(3) The person has a concentration of at least
two-hundredths
of one gram but less than eight-hundredths of one
gram by weight
of alcohol per two hundred ten liters of the
person's breath.
(4) The person has a concentration of at least
twenty-eight
one-thousandths of one gram but less than
eleven-hundredths of
one
gram by weight of alcohol per one
hundred milliliters of the
person's urine.
(C) In any proceeding arising out of one incident, a
person
may be charged with a violation of division (A)(1)(a) or (A)(2)
and a
violation
of division (B)(1), (2), or (3) of this section,
but
the person
may not be convicted of more than one violation of
these
divisions.
(D)(1)(a) In any criminal prosecution or juvenile court
proceeding for a violation of division (A)(1)(a) of this section
or for an equivalent offense, the result of any test of any blood
or urine withdrawn and analyzed at any health care provider, as
defined in section 2317.02 of the Revised Code, may be admitted
with expert testimony to be considered with any other relevant and
competent evidence in determining the guilt or innocence of the
defendant.
(b) In any criminal prosecution or juvenile court
proceeding
for a violation of
division (A) or (B) of this section
or for an
equivalent
offense, the court may admit
evidence on the
concentration of
alcohol, drugs of abuse, controlled substances,
metabolites of a controlled substance, or
a combination of
them in
the
defendant's
whole blood,
blood serum or plasma,
breath, urine,
or
other bodily
substance at the time of the
alleged violation as
shown by
chemical analysis of the
substance
withdrawn within
three hours of
the time of
the alleged violation. The three-hour
time limit specified in this division regarding the admission of
evidence does not extend or affect the two-hour time limit
specified in division (A) of section 4511.192 of the Revised Code
as the maximum period of time during which a person may consent to
a chemical test or tests as described in that section. The court
may admit evidence on the concentration of alcohol, drugs of
abuse, or a combination of them as described in this division when
a person submits to a blood, breath, urine, or other bodily
substance test at the request of a
law enforcement officer under
section 4511.191 of the
Revised
Code or a blood or urine sample is
obtained pursuant to a search warrant. Only a
physician, a
registered nurse, or a qualified
technician,
chemist,
or
phlebotomist shall withdraw a blood sample for
the
purpose of
determining
the
alcohol, drug, controlled substance, metabolite of
a controlled substance, or
combination content
of the whole
blood, blood serum,
or blood plasma.
This
limitation does
not
apply to the taking of breath or urine
specimens. A
person
authorized to withdraw blood under
this
division may
refuse to
withdraw blood
under this division, if in
that person's
opinion,
the physical welfare of
the person would
be
endangered by the
withdrawing of blood.
The bodily substance
withdrawn under division (D)(1)(b) of
this section shall be analyzed in
accordance with
methods approved
by the director of health by an
individual
possessing a valid
permit issued by the director
pursuant to section 3701.143 of the
Revised Code.
(2) In a criminal prosecution or juvenile court proceeding
for a violation of division (A) of this section
or for an
equivalent offense, if there was at the time the
bodily substance
was
withdrawn a concentration of less than
the
applicable
concentration of alcohol specified in
divisions (A)(1)(b), (c),
(d), and (e) of this section or less than the applicable
concentration of a listed controlled substance or a listed
metabolite of a controlled substance specified for a violation of
division (A)(1)(j) of this section, that fact
may be considered
with other
competent evidence
in determining the guilt or
innocence of the
defendant. This
division does not limit or
affect
a criminal
prosecution or
juvenile court proceeding for a
violation of
division (B) of this
section or
for an equivalent
offense that
is
substantially
equivalent to
that
division.
(3) Upon the request of the person who was tested, the
results of the chemical test shall be made available to the
person
or the person's
attorney, immediately upon the completion
of the
chemical test analysis.
If the chemical test was obtained pursuant to division
(D)(1)(b) of this section, the person tested may have a physician,
a registered nurse,
or a qualified technician, chemist,
or
phlebotomist of the
person's own
choosing administer a chemical
test or tests,
at the
person's
expense, in addition to any
administered at the request
of a
law enforcement
officer.
The
form
to be read to the person
to be tested, as required
under
section
4511.192 of the Revised
Code, shall state that the person
may have
an
independent test
performed at the person's expense.
The failure
or
inability to
obtain an additional
chemical test by
a person
shall not preclude
the admission of
evidence relating to
the
chemical test or tests
taken at the
request of a
law
enforcement
officer.
(4)(a) As used in divisions (D)(4)(b) and (c) of this
section, "national highway traffic safety administration" means
the national highway traffic safety administration established as
an administration of the United States department of
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.
(b) In any criminal prosecution or juvenile court proceeding
for a violation of division (A) or (B) of this section, 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 of a municipal ordinance relating to operating a
vehicle with a prohibited concentration of alcohol, a controlled
substance, or a metabolite of a controlled substance in the blood,
breath, or urine, if a law enforcement officer has administered a
field sobriety test to the operator of the vehicle involved in the
violation and if it is shown by clear and convincing evidence that
the officer administered the test in substantial
compliance with
the testing standards for any reliable, credible,
and generally
accepted field sobriety
tests that were in effect at
the time the
tests were administered, including, but not limited
to, any
testing standards then in effect that were set by the
national
highway traffic safety administration, all
of the
following apply:
(i) The officer may testify concerning the results of the
field sobriety test so administered.
(ii) The prosecution may introduce the results of the field
sobriety test so administered as evidence in any proceedings in
the criminal prosecution or juvenile court proceeding.
(iii) If testimony is presented or evidence is introduced
under division (D)(4)(b)(i) or (ii) of this section and if the
testimony or evidence is admissible under the Rules of Evidence,
the court shall admit the testimony or evidence and the trier of
fact shall give it whatever weight the trier of fact considers to
be appropriate.
(c) Division (D)(4)(b) of this section does not limit or
preclude a court, in its determination of whether the arrest of a
person was supported by probable cause or its determination of any
other matter in a criminal prosecution or juvenile court
proceeding of a type described in that division, from considering
evidence or testimony that is not otherwise disallowed by division
(D)(4)(b) of this section.
(E)(1)
Subject to division (E)(3) of
this section,
in any
criminal prosecution or juvenile court proceeding for a
violation
of
division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)
or
(B)(1), (2), (3), or
(4) of this
section or for an equivalent
offense that is substantially equivalent to any
of those
divisions, a laboratory report from any
laboratory
personnel
issued a permit by the department of health authorizing an
analysis as described in this division that
contains an analysis
of
the whole blood, blood serum or plasma,
breath, urine, or other
bodily substance tested and that contains
all of the information
specified in this division shall be
admitted as prima-facie
evidence of the information and statements
that the report
contains. The laboratory report shall contain all
of the
following:
(a)
The signature, under oath, of any person who performed
the
analysis;
(b)
Any findings as to the identity and quantity of alcohol,
a
drug of abuse, a controlled substance, a metabolite of a
controlled substance, or a combination of them that was found;
(c)
A copy of a notarized statement by the laboratory
director or
a designee of the director that contains the name of
each certified analyst or test performer involved with the
report,
the analyst's or test performer's employment relationship
with the
laboratory that issued the report, and a notation that
performing
an analysis of the type involved is part of the
analyst's or test
performer's regular duties;
(d)
An outline of the analyst's or test performer's
education,
training, and experience in performing the type of
analysis involved and a
certification that the laboratory
satisfies appropriate quality control standards in general and, in
this
particular analysis, under rules of the
department of health.
(2) Notwithstanding any other provision of law regarding the
admission of
evidence, a report of the type described
in division
(E)(1) of this section is not admissible against the
defendant to
whom
it pertains in any proceeding, other than a preliminary
hearing or a grand
jury proceeding, unless the prosecutor
has
served a
copy of the report on the defendant's attorney or, if the
defendant has no attorney, on the defendant.
(3) A report of the type described in division (E)(1) of
this
section shall not be prima-facie evidence of the contents,
identity, or amount
of any substance if, within seven days after
the
defendant to whom the report pertains or the defendant's
attorney
receives a copy of the report, the defendant or the
defendant's
attorney demands the testimony of the person who
signed the
report. The judge in the case may extend the seven-day
time limit
in the interest of justice.
(F) Except as otherwise provided in this division, any
physician, registered nurse, or qualified
technician, chemist,
or
phlebotomist who
withdraws blood from a person pursuant
to this
section, and any hospital, first-aid station, or clinic
at which
blood is withdrawn from a person pursuant to this
section, is
immune from criminal liability and
civil
liability
based upon a
claim of assault and battery or
any other
claim that is not
a
claim
of malpractice, for any
act performed in withdrawing blood
from
the person.
The immunity
provided in this division is not
available to a
person who
withdraws blood if the person engages in
willful or wanton
misconduct.
(G)(1) Whoever violates any provision of divisions
(A)(1)(a)
to
(i) or (A)(2) of this section is
guilty of
operating a vehicle
under the
influence of alcohol, a drug of abuse, or a
combination
of them.
Whoever violates division (A)(1)(j) of this section is
guilty of operating a vehicle while under the influence of a
listed controlled substance or a listed metabolite of a controlled
substance. The court shall sentence the offender for either
offense under
Chapter 2929. of the
Revised Code, except as
otherwise
authorized or required by
divisions (G)(1)(a)
to (e)
of
this section:
(a)
Except as otherwise provided in division
(G)(1)(b), (c),
(d),
or (e) of this section, the offender is guilty of a
misdemeanor of
the first degree, and the court shall sentence the
offender to all of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term
of three consecutive days. As used in
this
division, three consecutive days means seventy-two consecutive
hours.
The court
may sentence an offender to both an
intervention
program and a jail term. The court may impose a jail
term in
addition to the three-day mandatory jail term or intervention
program. However,
in no case shall the cumulative jail term
imposed for the offense
exceed six months.
The court may suspend the execution of the
three-day jail
term under this division if the court, in lieu of that
suspended
term, places the offender under a community control sanction
pursuant to section 2929.25 of the Revised Code and requires the
offender
to
attend, for three consecutive days, a
drivers'
intervention
program certified under section 3793.10 of the
Revised Code.
The
court also may suspend the execution of any
part of the
three-day
jail term under this division if it places
the offender under a community control sanction pursuant to
section 2929.25 of the Revised Code for part of the three days,
requires the offender to
attend for the suspended part of the term
a drivers' intervention
program so certified, and sentences the
offender to a jail term
equal to the remainder of the three
consecutive days that the
offender does not spend attending the
program. The court may
require the offender, as a condition of
community control and in addition
to the required attendance at a
drivers' intervention program, 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 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 on the offender any other
conditions of community control
that it considers necessary.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, except as
otherwise provided in
this division, a
mandatory jail term of at
least three consecutive
days and a
requirement that the offender
attend, for three
consecutive days,
a drivers' intervention
program that is
certified pursuant to
section 3793.10 of the
Revised Code. As
used in this division,
three consecutive days
means seventy-two consecutive
hours. If the
court determines that
the offender is not
conducive to treatment
in a drivers'
intervention program, if the
offender refuses to
attend a drivers'
intervention program, or if the jail at
which
the offender is to
serve the jail term imposed can provide a
driver's intervention
program, the court shall sentence the
offender to a mandatory jail
term of at least six consecutive
days.
The court may require the offender, under a community control
sanction imposed under section 2929.25 of the Revised Code,
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
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 community control on the offender that it
considers necessary.
(iii)
In all cases,
a fine of not less than two three hundred
fifty twenty-five
and not more than one
thousand seventy-five
dollars;
(iv)
In all cases, a class five license suspension of the
offender's driver's or commercial driver's license or permit or
nonresident
operating privilege from the range specified in
division (A)(5) of
section 4510.02 of the Revised Code. The court
may grant limited driving privileges
relative to the suspension
under sections 4510.021 and 4510.13 of the
Revised
Code.
(b)
Except as otherwise provided in division
(G)(1)(e)
of
this section,
an offender who, within six years of the offense,
previously
has been convicted of or pleaded guilty to one
violation of division
(A) or (B) of this section or one other
equivalent offense
is guilty of a misdemeanor of the first degree.
The court shall sentence the
offender to all of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term
of ten consecutive days. The court
shall
impose the ten-day mandatory jail term under this division unless,
subject to division (G)(3) of this section, it instead
imposes a
sentence under that division consisting of both a jail term and a
term of
house arrest with electronic monitoring, with continuous
alcohol monitoring, or with both electronic monitoring and
continuous alcohol monitoring. The court may
impose a
jail term in
addition to the
ten-day mandatory jail term.
The
cumulative jail
term imposed for the offense shall not exceed
six
months.
In addition to the jail term or the term of house arrest with
electronic monitoring or continuous alcohol monitoring or both
types of monitoring and jail term, 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
operator of the
program determines that the offender is alcohol
dependent, the
program shall notify the court, and, subject to
division (I) of
this section, 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.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, except as
otherwise provided in
this division, a
mandatory jail term of
twenty consecutive days. The court
shall
impose the twenty-day
mandatory jail term under
this division
unless, subject to
division (G)(3) of this section,
it instead
imposes a sentence
under that division
consisting of both a jail
term and a term of
house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The court may impose a
jail
term in
addition to the twenty-day
mandatory jail term. The
cumulative
jail term imposed for the offense shall
not exceed six
months.
In addition to the jail term or the term of house arrest with
electronic monitoring or continuous alcohol monitoring or both
types of monitoring and jail term, the court may require the
offender
to attend a driver's intervention program that is
certified pursuant to
section 3793.10 of the Revised Code. If the
operator of the
program determines that the offender is alcohol
dependent, the
program shall notify the court, and, subject to
division (I) of
this section, 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.
(iii)
In all cases, notwithstanding the fines set forth in
Chapter
2929. of the Revised Code, a fine of not less than three
four
hundred fifty seventy-five and not more than one thousand
five six hundred twenty-five dollars;
(iv)
In all cases, a class four license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(4) of
section 4510.02 of
the Revised Code. The court may grant limited
driving
privileges relative to the suspension under sections
4510.021 and 4510.13 of
the Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's
name, immobilization of the vehicle involved in the
offense for ninety days in
accordance with section
4503.233 of the
Revised Code and impoundment of the license plates
of that vehicle
for ninety days.
(c)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously
has been convicted of or pleaded guilty to two
violations of division
(A) or (B) of this section or other
equivalent offenses is
guilty of a
misdemeanor. The court shall
sentence the offender to all
of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term
of thirty consecutive days. The court
shall
impose the thirty-day mandatory jail term under this division
unless, subject to division (G)(3) of this section, it
instead
imposes a sentence under that division consisting of both a jail
term and a term of
house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The
court may impose a
jail
term in addition to the
thirty-day
mandatory jail term.
Notwithstanding the jail terms
set
forth in sections 2929.21 to
2929.28 of the Revised Code, the additional
jail
term shall not
exceed one year, and the cumulative jail term
imposed
for the
offense shall not exceed
one year.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory
jail term of
sixty
consecutive days. The
court shall impose the
sixty-day mandatory jail
term under this
division unless, subject
to division (G)(3)
of this section, it
instead imposes a sentence
under that division
consisting of both
a jail term
and a term of
house arrest with electronic monitoring,
with continuous alcohol monitoring, or with both electronic
monitoring and continuous alcohol monitoring. The court may impose
a
jail term in
addition to the sixty-day mandatory jail term.
Notwithstanding
the jail terms set forth in sections 2929.21 to
2929.28 of the
Revised Code, the additional jail term shall
not
exceed one year,
and the cumulative jail term imposed for the
offense
shall not
exceed one year.
(iii)
In all cases, notwithstanding the fines set forth in
Chapter 2929. of the Revised Code, a fine of not less than five
eight
hundred fifty and
not more than two thousand five seven
hundred fifty dollars;
(iv)
In all cases, a class three license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(3) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's
name, criminal forfeiture of the vehicle involved in
the offense in
accordance with section
4503.234 of the Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of criminal forfeiture under
this division.
(vi)
In all cases, participation in an alcohol and drug
addiction
program authorized by section
3793.02 of the Revised
Code, subject to division (I) of this
section.
(d)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously has been
convicted of or pleaded guilty to three or
four violations of division
(A) or (B) of this section or other
equivalent offenses or an offender who, within twenty years of the
offense, previously has been convicted of or pleaded guilty to
five or more violations of that nature is
guilty of a felony of
the fourth degree.
The court shall
sentence the offender to all of
the following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory prison term of one, two, three, four, or five years as
required by and in accordance with division (G)(2) of section
2929.13 of the Revised Code if the offender also is convicted of
or also pleads guilty to a specification of the type described in
section 2941.1413 of the Revised Code or, in the
discretion of
the
court, either a mandatory term of local
incarceration of sixty
consecutive
days in accordance with
division (G)(1) of section
2929.13 of the Revised Code or a
mandatory prison term of sixty
consecutive days in
accordance
with division (G)(2) of that
section if the offender is not convicted of and does not plead
guilty to a specification of that type. If the
court
imposes a
mandatory term of local incarceration, it may impose a
jail
term
in addition to the sixty-day mandatory term, the
cumulative total
of the mandatory
term and the jail term for the
offense
shall not
exceed one year, and, except as provided in division (A)(1) of
section 2929.13 of the Revised Code, no prison term is
authorized
for the
offense. If the court imposes a mandatory
prison term,
notwithstanding
division (A)(4) of section 2929.14 of
the Revised
Code, it also may sentence the offender to a definite
prison term
that shall be not less than six months and not more
than thirty
months and the
prison terms shall be imposed as described
in
division (G)(2) of
section 2929.13 of the Revised Code. If the
court imposes a mandatory prison term or mandatory prison term and
additional prison term, in addition to the term or terms so
imposed, the court also may sentence the offender to a community
control sanction for the offense, but the offender shall serve all
of the prison terms so imposed prior to serving the community
control sanction.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory prison term of one, two, three, four, or five
years as required by and in accordance with division (G)(2) of
section 2929.13 of the Revised Code if the offender also is
convicted of or also pleads guilty to a specification of the type
described in section 2941.1413 of the Revised Code or, in the
discretion of the
court, either a mandatory term of local
incarceration of one
hundred twenty consecutive days in accordance
with division (G)(1)
of section 2929.13 of the Revised Code or a
mandatory prison
term of one hundred twenty consecutive days in
accordance with division
(G)(2) of that section if the offender is
not convicted of and does not plead guilty to a specification of
that type. If the court
imposes a mandatory
term of local
incarceration, it may impose a
jail term in addition to the one
hundred twenty-day mandatory
term, the cumulative total of the
mandatory term
and the jail term
for
the offense shall not exceed
one year, and, except as provided in division (A)(1) of section
2929.13 of the Revised Code, no prison term is
authorized for the
offense. If the court imposes a mandatory
prison term,
notwithstanding division (A)(4) of section 2929.14 of
the Revised
Code,
it also may sentence the offender to a definite
prison term
that shall be not
less than six months and not more
than thirty
months and the prison terms shall
be imposed as described
in
division (G)(2) of section 2929.13 of the Revised Code. If the
court imposes a mandatory prison term or mandatory prison term and
additional prison term, in addition to the term or terms so
imposed, the court also may sentence the offender to a community
control sanction for the offense, but the offender shall serve all
of the prison terms so imposed prior to serving the community
control sanction.
(iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than eight one thousand three
hundred nor more than
ten thousand five hundred
dollars;
(iv)
In all cases, a class two license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(2) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of
criminal
forfeiture
under
this division.
(vi)
In all cases, participation in an alcohol and drug
addiction
program
authorized by section 3793.02 of the Revised
Code, subject to
division (I) of this section.
(vii)
In all cases, if the court sentences the offender to a
mandatory term of local incarceration, in addition to the
mandatory term, the
court, pursuant to section 2929.17 of the
Revised Code,
may impose a term
of house
arrest with electronic
monitoring. The term shall not
commence until after the
offender
has
served the mandatory term of local incarceration.
(e)
An offender who previously has been convicted of or
pleaded
guilty to a violation of
division (A) of this section that
was a felony, regardless
of when the violation and the conviction
or guilty plea occurred, is guilty of
a felony of the third
degree. The court shall sentence the offender to all of
the
following:
(i)
If the offender is being sentenced for a violation of
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory prison term of one, two, three, four, or five years as
required by and in accordance with division (G)(2) of section
2929.13 of the Revised Code if the offender also is convicted of
or also pleads guilty to a specification of the type described in
section 2941.1413 of the Revised Code or a
mandatory
prison term
of sixty consecutive days in
accordance with
division (G)(2) of
section 2929.13 of the Revised Code if the offender is not
convicted of and does not plead guilty to a specification of that
type. The court
may impose a prison term in
addition to the
mandatory
prison term. The cumulative
total of
a sixty-day
mandatory prison term
and the additional prison term for the
offense shall
not exceed
five years. In addition to the mandatory
prison term or mandatory prison term and additional prison term
the court imposes, the court also may sentence the offender to a
community
control sanction for the
offense, but the offender
shall serve all of the prison terms so imposed prior to serving
the community control sanction.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory prison term of one, two, three, four, or five
years as required by and in accordance with division (G)(2) of
section 2929.13 of the Revised Code if the offender also is
convicted of or also pleads guilty to a specification of the type
described in section 2941.1413 of the Revised Code or a mandatory
prison term of
one
hundred twenty consecutive days in accordance
with division (G)(2)
of section 2929.13 of the Revised Code if the
offender is not convicted of and does not plead guilty to a
specification of that type. The
court may
impose a prison term in
addition to the mandatory
prison term. The cumulative total of a
one hundred twenty-day
mandatory prison term and
the additional
prison term for the
offense shall not exceed five
years. In
addition to the mandatory prison term or mandatory prison term and
additional prison term the court imposes, the court also may
sentence the offender to a community
control sanction for the
offense, but the offender shall serve all of the prison terms so
imposed prior to serving the community control sanction.
(iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than eight one thousand three
hundred nor more than
ten thousand five hundred
dollars;
(iv)
In all cases, a class two license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(2) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle
that is subject to an order of
criminal
forfeiture under
this division.
(vi)
In all cases, participation in an alcohol and drug
addiction
program authorized by section 3793.02 of the Revised
Code,
subject to division (I) of this section.
(2) An offender who is convicted of or pleads guilty to a
violation of division (A) of this section and who subsequently
seeks reinstatement of the driver's or occupational driver's
license or permit
or nonresident operating privilege
suspended
under this section as a result of the conviction or
guilty plea
shall pay a reinstatement fee as provided in division
(F)(2) of
section 4511.191 of the Revised Code.
(3) If an offender is sentenced to a jail term under
division
(G)(1)(b)(i)
or (ii)
or
(G)(1)(c)(i)
or (ii)
of this
section and
if,
within sixty days of
sentencing of the offender,
the court
issues a written finding on the record
that, due to the
unavailability of space at the
jail where the offender is required
to serve the term, the offender will not
be able to begin serving
that term within the
sixty-day period following the date of
sentencing, the court may
impose an alternative sentence under
this division that includes a
term of house arrest with electronic
monitoring, with continuous alcohol monitoring, or with both
electronic monitoring and continuous alcohol monitoring.
As an alternative to a mandatory jail term of ten consecutive
days
required by division (G)(1)(b)(i) of this
section, the court,
under this division, may sentence the
offender to five consecutive
days in jail and not less than eighteen consecutive days of house
arrest with electronic monitoring, with continuous alcohol
monitoring, or with both electronic monitoring and continuous
alcohol monitoring. The cumulative total of
the five consecutive
days in
jail and the period of house arrest with electronic
monitoring, continuous alcohol monitoring, or both types of
monitoring shall
not exceed six months. The five
consecutive days
in jail do not
have to be served prior to or
consecutively to the
period of house
arrest.
As an alternative to the mandatory jail term of twenty
consecutive
days required by division (G)(1)(b)(ii)
of
this
section, the
court, under this division, may sentence the offender
to ten consecutive days
in jail and not less than thirty-six
consecutive days of
house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The
cumulative total of the ten
consecutive days in
jail and the
period of house arrest with
electronic monitoring, continuous alcohol monitoring, or both
types of monitoring shall
not exceed
six months. The ten
consecutive days in jail do not
have to be
served prior to or
consecutively to the period of house
arrest.
As an alternative to a mandatory jail term of thirty
consecutive
days required by division (G)(1)(c)(i) of
this
section, the court,
under this division, may sentence the offender
to fifteen consecutive days in
jail and not less than fifty-five
consecutive days of house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The
cumulative total of the
fifteen
consecutive days in jail and the
period of house arrest
with electronic monitoring, continuous alcohol monitoring, or both
types of monitoring shall not exceed
one year. The fifteen
consecutive days in jail
do not have to be
served prior to or
consecutively to the period of house arrest.
As an alternative to the mandatory jail term of sixty
consecutive
days required by division (G)(1)(c)(ii)
of
this
section, the
court, under this division, may sentence the offender
to thirty
consecutive days in jail and not less than one hundred
ten
consecutive days of house arrest with electronic monitoring,
with continuous alcohol monitoring, or with both electronic
monitoring and continuous alcohol monitoring.
The
cumulative total
of the thirty consecutive days in jail and
the
period of house
arrest with electronic monitoring, continuous alcohol monitoring,
or both types of monitoring shall not
exceed
one year. The thirty
consecutive days in jail do not have
to be
served prior to or
consecutively to the period of house
arrest.
(4) If an offender's driver's or occupational driver's
license or
permit or nonresident operating privilege is suspended
under division
(G) of this
section and if section 4510.13 of the
Revised Code permits the
court to grant limited driving
privileges, the court may
grant the limited driving privileges
in
accordance with that section. If division (A)(7) of that section
requires that the court impose as a condition of the
privileges
that the
offender must display on the vehicle that is
driven
subject to the privileges
restricted license plates that
are
issued under section 4503.231 of the Revised Code, except
as
provided in division (B) of that section, the court shall impose
that condition as one of the conditions of the limited driving
privileges granted to the offender, except as provided in division
(B) of section 4503.231 of the Revised Code.
(5) Fines imposed under this section for a violation of
division
(A) of this section shall be distributed as follows:
(a)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii), thirty-five
dollars of the fine imposed under
division
(G)(1)(b)(iii), one
hundred twenty-three dollars of the
fine imposed under division
(G)(1)(c)(iii),
and two hundred
ten
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section 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. The agency shall
use this share to pay only
those costs it incurs in
enforcing this section or a municipal OVI
ordinance
and in informing the public of the laws governing the
operation of
a vehicle while under the influence of alcohol, the
dangers of
the operation of a vehicle under the influence of
alcohol, and other
information relating to the operation of a
vehicle under the influence of
alcohol and the consumption of
alcoholic beverages.
(b)
Fifty dollars of the fine imposed under division
(G)(1)(a)(iii)
of
this section shall be paid to the political
subdivision that pays the cost of
housing the offender during the
offender's term of incarceration. If the
offender is being
sentenced for a violation of division (A)(1)(a), (b), (c), (d),
(e), or (j) of this section and was confined as a result of the
offense
prior to being
sentenced for the offense but is not
sentenced to a
term of incarceration, the
fifty dollars shall
be
paid to the
political subdivision that paid the cost of housing
the offender
during that period of confinement. The political
subdivision
shall use the share under this division to pay or
reimburse
incarceration or treatment costs it incurs in housing or
providing
drug and alcohol treatment to persons who violate this
section or
a municipal OVI ordinance, costs of any immobilizing or
disabling
device used on the offender's vehicle, and costs of
electronic
house
arrest equipment
needed for persons who violate
this
section.
(c)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii)
and fifty
dollars of the fine imposed under
division
(G)(1)(b)(iii)
of this
section shall be deposited into
the county or municipal indigent drivers'
alcohol treatment fund
under the control of that
court, as created by the county or
municipal corporation under division
(N) of section 4511.191 of
the Revised Code.
(d)
One hundred fifteen dollars of the fine imposed under
division
(G)(1)(b)(iii),
two hundred seventy-seven
dollars of the
fine imposed under division
(G)(1)(c)(iii),
and four hundred forty
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section shall be paid to the political
subdivision
that pays the cost of housing the offender during the
offender's term of
incarceration. The political subdivision shall
use
this share to pay or reimburse incarceration or treatment
costs it incurs in
housing or providing drug and alcohol treatment
to persons who
violate this section or a municipal OVI ordinance,
costs for any
immobilizing or disabling device used on the
offender's vehicle, and costs of electronic house arrest equipment
needed for
persons who violate this section.
(e) Seventy-five dollars of the fine imposed under division
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine
imposed under division (G)(1)(b)(iii), two hundred fifty dollars
of the fine imposed under division (G)(1)(c)(iii), and five
hundred dollars of the fine imposed under division (G)(1)(d)(iii)
or (G)(1)(e)(iii) of this section shall be transmitted to the
treasurer of state for deposit into the indigent defense support
fund established under section 102.08 of the Revised Code.
(f)
The balance of the fine imposed under division
(G)(1)(a)(iii),
(b)(iii), (c)(iii),
(d)(iii),
or (e)(iii) of this
section
shall be
disbursed as otherwise provided by law.
(6) If title to a motor vehicle that is subject to an order
of criminal forfeiture under division (G)(1)(c), (d), or (e) of
this section is assigned or transferred and division (B)(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 dealers association. The
proceeds of any fine so imposed shall be distributed in accordance
with division (C)(2) of that section.
(7) As used in division (G) of this section, "electronic
monitoring," "mandatory prison term," and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of the
Revised Code.
(H) Whoever violates division (B) of this section is
guilty
of
operating a vehicle after underage alcohol consumption and
shall be
punished as follows:
(1) Except as otherwise provided in division (H)(2) of this
section, the offender is guilty of a misdemeanor of the fourth
degree. In
addition to any other sanction imposed for the
offense,
the court shall impose a class six suspension of the
offender's
driver's license, commercial driver's license,
temporary
instruction permit,
probationary license, or nonresident
operating
privilege from the range
specified in division (A)(6) of
section
4510.02 of the Revised Code.
(2) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to one or more
violations of
division (A) or (B) of this section or other
equivalent
offenses, the
offender is guilty of a
misdemeanor of
the third degree. In addition to any
other
sanction imposed
for
the offense, the court shall impose a class
four suspension of the
offender's driver's license, commercial
driver's license,
temporary
instruction permit, probationary
license, or nonresident
operating privilege
from the range
specified in division (A)(4) of
section 4510.02 of the Revised
Code.
(3) If the offender also is convicted of or also pleads
guilty to a specification of the type described in section
2941.1416 of the Revised Code and if the court imposes a jail term
for the violation of division (B) of this section, the court shall
impose upon the offender an additional definite jail term pursuant
to division (E) of section 2929.24 of the Revised Code.
(I)(1)
No court shall sentence an offender to an alcohol
treatment program under this section unless the treatment program
complies
with the minimum standards for alcohol treatment programs
adopted
under Chapter 3793. of the Revised Code by the director of
alcohol
and drug addiction services.
(2) An offender who stays in a drivers' intervention program
or in an
alcohol treatment program under
an order issued under
this section shall pay the cost of the stay in the
program.
However, if the court determines that an offender who stays in an
alcohol treatment program under an order issued under this section
is unable
to
pay the cost of the stay in the program, the court
may order that the cost be
paid from the court's
indigent drivers'
alcohol treatment fund.
(J)
If a person whose driver's or commercial driver's
license
or
permit or nonresident operating privilege is suspended
under
this section
files an appeal regarding any aspect of the
person's
trial or sentence, the
appeal itself does not stay the
operation
of the suspension.
(K)
Division (A)(1)(j) of this section does not apply to a
person who operates a vehicle, streetcar, or trackless trolley
while the person has a concentration of a listed controlled
substance or a listed metabolite of a controlled substance in the
person's whole blood, blood serum or plasma, or urine that equals
or exceeds the amount specified in that division, if both of the
following apply:
(1) The person obtained the controlled substance pursuant to
a prescription issued by a licensed health professional authorized
to prescribe drugs.
(2) The person injected, ingested, or inhaled the controlled
substance in accordance with the health professional's directions.
(L) The prohibited concentrations of a controlled substance
or a metabolite of a controlled substance listed in division
(A)(1)(j) of this section also apply in a prosecution of a
violation of division (D) of section 2923.16 of the Revised Code
in the same manner as if the offender is being prosecuted for a
prohibited concentration of alcohol.
(M) All terms defined in section 4510.01 of the Revised
Code
apply to this section. If the meaning of a term defined in
section
4510.01 of the Revised Code conflicts with the meaning of
the same
term as defined in section 4501.01 or 4511.01 of the
Revised Code,
the term as
defined in section 4510.01 of the
Revised Code applies
to this section.
(N)(1)
The Ohio Traffic Rules in effect
on
January 1, 2004,
as adopted by the supreme court
under authority
of
section 2937.46
of the Revised Code, do not
apply to felony
violations of this
section. Subject to division
(N)(2) of this
section, the Rules of
Criminal Procedure apply to
felony
violations of this section.
(2) If, on or after
January 1, 2004,
the supreme court
modifies the Ohio Traffic
Rules
to provide
procedures to govern
felony violations of this
section,
the
modified rules shall apply
to felony violations
of this
section.
Sec. 4511.191. (A)(1) "Physical control" has the same
meaning as in section 4511.194 of the Revised Code.
(2) Any person who operates a vehicle, streetcar, or
trackless trolley upon
a highway or any public or private property
used by the public
for vehicular travel or parking within this
state
or who is in physical control of a vehicle,
streetcar, or
trackless trolley shall be deemed
to have given
consent to a
chemical test or tests of the
person's
whole blood,
blood serum or
plasma, breath, or urine
to
determine the alcohol,
drug of abuse,
controlled substance, metabolite of a controlled substance, or
combination
content of the
person's
whole blood,
blood serum
or
plasma,
breath, or urine
if
arrested
for
a
violation of
division
(A) or
(B) of
section 4511.19 of the Revised
Code,
section
4511.194 of
the
Revised Code or a substantially equivalent
municipal ordinance, or a municipal OVI
ordinance.
(3) The chemical test or tests
under division (A)(2) of this
section shall be
administered at the request of a
law
enforcement
officer having reasonable
grounds to believe the
person
was
operating
or in physical control of a
vehicle,
streetcar, or
trackless trolley in
violation of a division,
section, or
ordinance identified in
division (A)(2) of this
section. The law
enforcement agency by
which the
officer is
employed shall
designate which of the tests
shall be
administered.
(4) Any person who is dead or unconscious, or who
otherwise
is in a condition rendering the person incapable of
refusal,
shall
be deemed
to have
consented
as provided
in
division (A)(2) of
this
section, and the test or
tests may be
administered, subject
to
sections 313.12 to 313.16 of
the Revised
Code.
(B)(1) Upon receipt of the sworn report of
a
law
enforcement
officer
who arrested a person for a violation of
division (A) or
(B) of section 4511.19 of the Revised Code,
section 4511.194 of
the Revised Code or a substantially equivalent municipal
ordinance, or a municipal OVI ordinance
that was completed and
sent to the registrar and a court pursuant
to
section
4511.192 of
the
Revised Code in regard to a
person who
refused to take the
designated chemical test, the
registrar shall
enter into the
registrar's records the fact
that the person's
driver's or
commercial driver's license or permit or nonresident
operating
privilege was suspended by the arresting officer under
this
division and that section and the period of the
suspension,
as
determined under
this
section. The suspension shall be
subject to
appeal as
provided in
section
4511.197 of the Revised
Code. The
suspension
shall be for whichever of the
following
periods
applies:
(a)
Except when division (B)(1)(b), (c), or (d) of
this
section applies and specifies a different class or length of
suspension,
the
suspension shall be
a class C suspension for the
period of time specified in
division (B)(3) of section 4510.02 of
the Revised Code.
(b) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused one previous request to consent to a
chemical
test, the
suspension
shall be
a class B suspension imposed for
the
period of time
specified in division (B)(2) of section 4510.02
of
the Revised
Code.
(c) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused two previous requests to consent to a
chemical
test,
the
suspension
shall be
a class A suspension imposed for
the
period of time
specified in division (B)(1) of section 4510.02
of
the Revised
Code.
(d) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused three or more previous requests to
consent to a
chemical test, the
suspension
shall be
for five
years.
(2)
The registrar shall terminate a suspension of the
driver's or commercial driver's license
or permit of a resident or
of the operating privilege of a nonresident, or a
denial of a
driver's or commercial
driver's license or permit, imposed
pursuant to division (B)(1) of
this
section upon receipt of notice
that the person has entered a
plea of guilty to, or that the
person has been
convicted after entering a plea of no contest to,
operating a vehicle in violation
of section 4511.19
of
the Revised
Code or in violation of a municipal
OVI ordinance,
if the offense
for which the conviction is had or
the
plea is
entered arose from
the same incident that led to the suspension or
denial.
The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related suspension
imposed
pursuant to division (B)(1) of this section.
(C)(1) Upon receipt of the sworn report of the
law
enforcement
officer
who arrested a person for a violation of
division (A) or
(B) of section 4511.19 of the Revised Code or a
municipal OVI
ordinance that was completed and sent to the
registrar and a court
pursuant
to
section
4511.192 of the Revised
Code in regard to a
person
whose test
results indicate that the
person's
whole blood,
blood
serum or
plasma, breath, or urine
contained
at least the
concentration
of
alcohol
specified in
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code or at least the concentration of a listed controlled
substance or a listed metabolite of a controlled substance
specified in division (A)(1)(j) of section 4511.19 of the Revised
Code, the registrar
shall
enter into the registrar's
records the
fact that the
person's
driver's or
commercial
driver's
license or
permit or
nonresident
operating privilege was
suspended
by the
arresting
officer under
this
division
and section
4511.192 of the
Revised Code and the
period of the
suspension, as
determined
under
divisions (F)(1) to
(4) of this
section. The
suspension
shall be
subject to appeal as
provided in
section
4511.197 of the Revised
Code. The
suspension
described in
this division does not apply to,
and shall
not be
imposed upon, a
person arrested for a violation
of section
4511.194
of the Revised
Code or a substantially
equivalent municipal ordinance who submits to a designated
chemical
test.
The
suspension
shall
be for whichever of the
following
periods
applies:
(a) Except when division
(C)(1)(b),
(c), or (d) of this
section
applies and specifies a different
period, the
suspension
shall be
a class E suspension imposed for the
period of time
specified in division (B)(5) of section 4510.02 of
the Revised
Code.
(b) The
suspension
shall be
a class C suspension for the
period of time
specified in division
(B)(3) of section 4510.02 of
the Revised Code if
the person has
been convicted
of or pleaded
guilty to, within six years of
the
date the test
was conducted,
one violation of
division (A) or (B) of section 4511.19 of the
Revised
Code or one other equivalent
offense.
(c) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
two
violations of a statute
or ordinance
described in division
(C)(1)(b) of this section,
the
suspension
shall be
a class B
suspension imposed for the period of time specified in division
(B)(2) of section 4510.02 of the Revised Code.
(d) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
more than
two violations of a
statute or
ordinance described in
division
(C)(1)(b) of this
section,
the
suspension
shall be
a
class A
suspension imposed for the period of time specified in
division
(B)(1) of section 4510.02 of the Revised Code.
(2) The registrar shall terminate a suspension of the
driver's or
commercial driver's license
or permit of a resident or
of the
operating privilege of a nonresident,
or a denial of a
driver's or
commercial driver's license or permit, imposed
pursuant to
division (C)(1) of this section
upon receipt of notice
that the
person has entered a plea of guilty to, or that the
person has
been
convicted after entering a plea of no contest to,
operating
a vehicle in violation of section 4511.19
of the Revised
Code or
in violation of a municipal OVI ordinance,
if the
offense
for which the conviction is had or the plea is
entered arose from
the same incident that led to the suspension or
denial.
The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related
suspension imposed
pursuant to division (C)(1) of this section.
(D)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under
this section for the
time
described in division
(B) or
(C)
of this section is
effective
immediately from the time at which
the arresting officer
serves
the notice of suspension upon the
arrested person. Any
subsequent finding that the person is not
guilty of the charge
that resulted in the person being requested
to take
the chemical test or tests under division (A) of
this
section
does not affect the suspension.
(2) If a person is arrested for operating a vehicle,
streetcar, or trackless trolley in violation of division (A) or
(B) of section 4511.19 of the Revised Code or a municipal OVI
ordinance, or for being in physical control of a
vehicle,
streetcar, or trackless trolley in violation of section
4511.194
of the
Revised Code or a substantially equivalent municipal
ordinance,
regardless of whether the person's
driver's
or
commercial
driver's license or permit or nonresident
operating
privilege is
or is not suspended under division
(B)
or
(C)
of this
section
or Chapter 4510. of the Revised Code,
the person's
initial
appearance on the charge resulting from the
arrest shall
be held
within five days of the person's arrest or
the issuance of
the
citation to the person, subject to any
continuance
granted by
the
court pursuant to
section
4511.197 of
the Revised Code
regarding
the issues
specified in that division.
(E) When it finally has been determined under the
procedures
of this section
and sections 4511.192 to 4511.197
of the
Revised
Code that a nonresident's privilege to
operate a
vehicle
within
this state has been suspended, the
registrar shall
give
information in writing of the action taken
to the motor
vehicle
administrator of the state of the person's
residence and
of any
state in which the person has a license.
(F) At the end of a suspension period under this section,
under section 4511.194,
section 4511.196, or division
(G) of
section
4511.19 of the
Revised Code, or under section
4510.07 of
the
Revised Code for a violation of a municipal OVI
ordinance and
upon
the request of the person whose driver's or
commercial
driver's
license or permit was suspended and who is
not
otherwise
subject
to suspension,
cancellation, or
disqualification, the
registrar shall return the driver's or
commercial driver's license
or permit to the person upon the
occurrence of all of the
conditions
specified in divisions
(F)(1) and (2)
of this section:
(1) A showing
that the person has proof of
financial
responsibility, a policy of liability insurance in
effect that
meets the minimum standards set forth in section
4509.51 of the
Revised Code, or proof, to the satisfaction of the
registrar,
that
the person is able to respond in damages in an
amount at
least
equal to the minimum amounts specified in section
4509.51
of the
Revised Code.
(2) Subject to the limitation contained in division
(F)(3)
of
this section, payment by the person
to the bureau of
motor
vehicles of a license
reinstatement fee
of four hundred
twenty-five dollars,
which fee
shall be deposited in the state
treasury and credited
as follows:
(a) One hundred twelve ten dollars and fifty
cents shall be
credited to the statewide
treatment and prevention fund created by
section 4301.30 of the Revised Code.
The fund shall be
used to
pay the costs of driver treatment and
intervention programs
operated pursuant to sections 3793.02 and
3793.10 of the Revised
Code. The director of alcohol and drug
addiction services shall
determine the share of the fund that is
to be allocated to alcohol
and drug addiction programs authorized
by section 3793.02 of the
Revised Code, and the share of the fund
that is to be allocated to
drivers' intervention programs
authorized by section 3793.10 of
the Revised Code.
(b) Seventy-five Seventy dollars shall be credited to the
reparations
fund created by section 2743.191 of the Revised Code.
(c) Thirty-seven Thirty-five dollars and fifty cents
shall be
credited
to the indigent
drivers alcohol treatment fund, which is
hereby
established. Except as
otherwise provided in division
(F)(2)(c)
of this section, moneys in the fund shall be
distributed
by the
department of alcohol and drug addiction
services to the
county
indigent drivers alcohol
treatment funds,
the county
juvenile
indigent drivers alcohol treatment funds,
and
the
municipal
indigent drivers alcohol treatment funds that are
required to be
established by counties and municipal corporations
pursuant
to
this section, and shall be used only
to pay
the cost
of an alcohol
and drug addiction treatment program
attended by an
offender or
juvenile traffic offender who is
ordered to attend an
alcohol and
drug addiction treatment program
by a county,
juvenile, or
municipal court judge and who is
determined by the
county,
juvenile, or municipal court judge not
to have the means
to pay
for
the person's attendance at the
program or to pay the
costs
specified in division
(H)(4) of
this section in accordance
with
that
division. In addition, a county, juvenile, or municipal
court judge may use moneys in the county indigent drivers alcohol
treatment fund, county juvenile indigent drivers alcohol treatment
fund, or municipal indigent drivers alcohol treatment fund to pay
for the cost of the continued use of an electronic continuous
alcohol monitoring device as described in divisions (H)(3) and (4)
of this section. Moneys in the fund
that are not
distributed to a
county indigent drivers alcohol
treatment fund,
a county juvenile
indigent drivers alcohol
treatment fund, or a
municipal indigent
drivers alcohol treatment
fund under division
(H) of this section
because the director of
alcohol and drug addiction
services does
not have the information
necessary to identify the county or
municipal corporation where
the offender or juvenile offender was
arrested may
be transferred
by the director of budget and
management to the
statewide
treatment and prevention
fund created
by section
4301.30 of the
Revised Code, upon certification of the
amount by the director
of
alcohol and drug
addiction services.
(d) Seventy-five Seventy dollars shall be credited to the
Ohio
rehabilitation services commission established by section
3304.12
of the Revised Code, to the services for rehabilitation
fund,
which is hereby established. The fund shall be used to match
available federal matching funds where appropriate, and for any
other purpose or program of the commission to rehabilitate people
with disabilities to help them become employed and independent.
(e) Seventy-five Seventy dollars shall be deposited into the
state
treasury and credited to the drug abuse resistance education
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division
(F)(4) of
this section.
(f) Thirty dollars shall be credited to the state bureau of
motor
vehicles fund created by section 4501.25 of the Revised
Code.
(g) Twenty dollars shall be credited to the trauma and
emergency
medical services grants fund created by section 4513.263
of the
Revised Code.
(h) Twenty dollars shall be credited to the indigent defense
support fund created by section 120.08 of the Revised Code.
(3) If a person's driver's or commercial driver's license or
permit is suspended under
this
section,
under section 4511.196 or
division
(G) of section
4511.19 of the Revised Code,
under
section
4510.07 of the Revised
Code for a violation of a municipal
OVI
ordinance or
under any
combination of the
suspensions
described in
division
(F)(3) of
this section, and if the
suspensions arise from
a single incident
or a single set of facts
and
circumstances, the
person is liable
for payment of, and shall
be required to
pay to
the bureau, only
one reinstatement fee of
four hundred
twenty-five
dollars.
The
reinstatement fee shall be
distributed by the bureau
in
accordance
with division
(F)(2) of
this section.
(4) The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded
to
a law enforcement agency under
this
section shall be used by
the
agency to pay for not more than
fifty
per cent of the amount
of
the salaries of law enforcement
officers
who conduct drug abuse
resistance education programs in
public
schools. The attorney
general shall not use more than six
per
cent of the amounts the
attorney general's office
receives under
division
(F)(2)(e) of
this section to pay the costs it incurs
in
administering the grant
program established by division
(F)(2)(e)
of this section and in
providing training and
materials relating
to drug abuse resistance
education programs.
The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs.
(G) Suspension of a commercial driver's license under
division
(B) or
(C) of this section shall be concurrent with
any
period of disqualification under section 3123.611 or
4506.16
of
the Revised Code or any period of suspension under section
3123.58
of the Revised Code. No person who is disqualified for
life from
holding a
commercial driver's license under section
4506.16 of the
Revised
Code shall be issued a driver's license
under Chapter
4507. of
the Revised Code during the period for
which the
commercial
driver's license was suspended under division
(B) or
(C) of this
section. No person whose
commercial driver's license
is
suspended under division
(B) or
(C) of this section shall be
issued a driver's license under
Chapter 4507. of the Revised Code
during the period
of
the suspension.
(H)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish a juvenile
indigent drivers alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish
an
indigent drivers alcohol treatment fund. All revenue that the
general assembly appropriates to the indigent drivers alcohol
treatment fund for transfer to a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund, all portions of fees that are paid under division (F) of
this section and that are credited under that division to the
indigent drivers alcohol treatment fund in the state treasury for
a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund, and all portions of
fines
that are specified for deposit into a county or municipal
indigent
drivers alcohol treatment fund by section 4511.193 of
the Revised
Code shall be deposited into that county indigent
drivers alcohol
treatment fund, county juvenile indigent drivers
alcohol treatment
fund, or municipal indigent drivers alcohol
treatment fund in
accordance with division
(H)(2) of this
section. Additionally,
all
portions of fines that are paid for a
violation of section
4511.19
of the Revised Code or
of any prohibition contained in
Chapter
4510. of the Revised Code,
and that are
required under
section
4511.19 or
any
provision of Chapter 4510. of the Revised
Code to
be
deposited
into a county indigent drivers alcohol
treatment fund
or municipal
indigent drivers alcohol treatment
fund shall be
deposited into
the appropriate fund in accordance
with the
applicable division.
(2) That portion of the license reinstatement fee that is
paid under division
(F) of this section and that is credited
under
that division to the indigent drivers alcohol treatment
fund
shall
be deposited into a county indigent drivers alcohol
treatment
fund, a county juvenile indigent drivers alcohol
treatment fund,
or a municipal indigent drivers alcohol treatment
fund as follows:
(a) If the suspension in question was imposed under this
section, that portion of the fee shall be deposited as follows:
(i) If the fee is paid by a person who was charged in a
county court with the violation that resulted in the suspension,
the portion shall be deposited into the county indigent drivers
alcohol treatment fund under the control of that court;
(ii) If the fee is paid by a person who was charged in a
juvenile court with the violation that resulted in the
suspension,
the portion shall be deposited into the county
juvenile indigent
drivers alcohol treatment fund established in
the county served by
the court;
(iii) If the fee is paid by a person who was charged in a
municipal court with the violation that resulted in the
suspension, the portion shall be deposited into the municipal
indigent drivers alcohol treatment fund under the control of that
court.
(b) If the suspension in question was imposed under
section
4511.19 of the Revised Code
or under
section 4510.07 of the
Revised Code for a violation of a municipal
OVI ordinance, that
portion
of the fee shall be deposited as
follows:
(i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court;
(ii) If the fee is paid by a person whose license or
permit
was suspended by a municipal court, the portion shall be
deposited
into the municipal indigent drivers alcohol treatment
fund under
the control of that court.
(3) Expenditures from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund shall be made only upon the order of a county, juvenile, or
municipal court judge and only for payment of the cost of the
attendance at an alcohol and drug addiction treatment program of
a
person who is convicted of, or found to be a juvenile traffic
offender by reason of, a violation of division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance, who is ordered by the court to attend the alcohol and
drug addiction treatment program, and who is determined by the
court to be unable to pay the cost of attendance at the
treatment
program or for payment of the costs specified in division
(H)(4)
of this section in accordance with that division. The
alcohol and
drug addiction services board or the board of alcohol,
drug
addiction, and
mental health services established pursuant to
section 340.02 or
340.021 of
the Revised Code and serving the
alcohol, drug addiction, and mental
health service district in
which the court is located shall
administer the indigent drivers
alcohol treatment program of the
court. When a court orders an
offender or juvenile traffic
offender to attend an alcohol and
drug addiction treatment
program, the board shall determine which
program is suitable to
meet the needs of the offender or juvenile
traffic offender, and
when a suitable program is located and space
is available at the
program, the offender or juvenile traffic
offender shall attend
the program designated by the board. A
reasonable amount not to
exceed five per cent of the amounts
credited to and deposited
into the county indigent drivers alcohol
treatment fund, the
county juvenile indigent drivers alcohol
treatment fund, or the
municipal indigent drivers alcohol
treatment fund serving every
court whose program is administered
by that board shall be paid
to the board to cover the costs it
incurs in administering those
indigent drivers alcohol treatment
programs.
In addition, a county, juvenile, or municipal court judge may
use moneys in the county indigent drivers alcohol treatment fund,
county juvenile indigent drivers alcohol treatment fund, or
municipal indigent drivers alcohol treatment fund to pay for the
continued use of an electronic continuous alcohol monitoring
device by an offender or juvenile traffic offender, in conjunction
with a treatment program approved by the department of alcohol and
drug addiction services, when such use is determined clinically
necessary by the treatment program and when the court determines
that the offender or juvenile traffic offender is unable to pay
all or part of the daily monitoring of the device.
(4) If a A county, juvenile, or municipal court determines,
in
consultation with the alcohol and drug addiction services board
or
the board
of alcohol, drug addiction, and mental health
services
established pursuant to
section 340.02 or 340.021 of the
Revised
Code
and serving the alcohol, drug addiction, and
mental
health
district in which the court is located, that shall transmit
to the treasurer of state on or before the twentieth day of
January each year, eighty per cent of the unencumbered balance of
the funds in the
county indigent drivers alcohol treatment fund,
the county
juvenile indigent drivers alcohol treatment fund, or
the municipal
indigent
drivers alcohol treatment fund under the
control of the
court are more than
sufficient to satisfy the
purpose for which
the fund was established, as
specified in
divisions
(H)(1) to
(3)
of this section, the
court may declare a
surplus in the fund.
If
the court declares a surplus in
the fund,
the court may expend
the
amount of the surplus in the fund for:
(a) Alcohol and drug abuse
assessment and treatment of
persons who are charged in
the court
with committing a criminal
offense or with being a delinquent
child
or juvenile traffic
offender and in relation to whom both of
the following
apply:
(i) The court determines that substance abuse was a
contributing factor leading to the criminal or delinquent activity
or the
juvenile traffic offense with which the person is charged.
(ii) The court determines that the person is unable
to pay
the cost of the alcohol and drug abuse assessment and treatment
for
which the surplus money will be used.
(b) All or part of the cost of purchasing electronic
continuous alcohol monitoring devices to be used in conjunction
with division (H)(3) of this section as of the thirty-first of
December the preceding year. The treasurer of state shall deposit
these funds to the credit of the indigent defense support fund
established under section 120.08 of the Revised Code.
Section 2. That existing sections 2949.091, 2949.111,
4503.13, 4507.45, 4509.101, 4510.22, 4511.19, and 4511.191 of the
Revised Code are hereby repealed.
Section 3. Section 4503.13 of the Revised Code is
presented
in
this act as a composite of the section as amended by
Am. Sub.
H.B. 490 of the 124th General Assembly and Am. Sub. H.B.
230 of
the 125th General Assembly. The General Assembly, applying
the
principle stated in division (B) of section 1.52 of the
Revised
Code that amendments are to be harmonized if reasonably
capable
of
simultaneous operation, finds that the composite is the
resulting
version of the section in effect prior to the effective
date of
the section as presented in this act.
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