| Sec. 4510.021. (A) Unless expressly prohibited by section | 18 |
|
2919.22, section 4510.13, or any other section of the Revised | 19 |
|
Code, or unless section 4510.022 of the Revised Code applies, a | 20 |
|
court may grant limited driving privileges for any purpose | 21 |
|
described in division (A)(1), (2), or (3) of this section during | 22 |
|
any suspension imposed by the court. In granting the privileges, | 23 |
|
the court shall specify the purposes, times, and places of the | 24 |
|
privileges and may impose any other reasonable conditions on the | 25 |
|
person's driving of a motor vehicle. The privileges shall be for | 26 |
|
any of the following limited purposes: | 27 |
| (B) Unless expressly authorized by a section of the Revised | 33 |
|
Code, a court may not grant limited driving privileges during any | 34 |
|
suspension imposed by the bureau of motor vehicles. To obtain | 35 |
|
limited driving privileges during a suspension imposed by the | 36 |
|
bureau, the person under suspension may file a petition in a court | 37 |
|
of record in the county in which the person resides. A person who | 38 |
|
is not a resident of this state shall file any petition for | 39 |
|
privileges either in the Franklin county municipal court or in the | 40 |
|
municipal or county court located in the county where the offense | 41 |
|
occurred. If the person who is not a resident of this state is a | 42 |
|
minor, the person may file the petition either in the Franklin | 43 |
|
county juvenile court or in the juvenile court with jurisdiction | 44 |
|
over the offense. If a court grants limited driving privileges as | 45 |
|
described in this division, the privileges shall be for any of the | 46 |
|
limited purposes identified in division (A) of this section. | 47 |
| (C) When the use of an immobilizing or disabling device is | 48 |
|
not otherwise required by law, the court, as a condition of | 49 |
|
granting limited driving privileges, may require that the person's | 50 |
|
vehicle be equipped with an immobilizing or disabling device, | 51 |
|
except as provided in division (C) of section 4510.43 of the | 52 |
|
Revised Code. When the use of restricted license plates issued | 53 |
|
under section 4503.231 of the Revised Code is not otherwise | 54 |
|
required by law, the court, as a condition of granting limited | 55 |
|
driving privileges, may require that the person's vehicle be | 56 |
|
equipped with restricted license plates of that nature, except as | 57 |
|
provided in division (B) of that section. | 58 |
| (D) When the court grants limited driving privileges under | 59 |
|
section 4510.31 of the Revised Code or any other provision of law | 60 |
|
during the suspension of the temporary instruction permit or | 61 |
|
probationary driver's license of a person who is under eighteen | 62 |
|
years of age, the court may include as a purpose of the privilege | 63 |
|
the person's practicing of driving with the person's parent, | 64 |
|
guardian, or other custodian during the period of the suspension. | 65 |
|
If the court grants limited driving privileges for this purpose, | 66 |
|
the court, in addition to all other conditions it imposes, shall | 67 |
|
impose as a condition that the person exercise the privilege only | 68 |
|
when a parent, guardian, or custodian of the person who holds a | 69 |
|
current valid driver's or commercial driver's license issued by | 70 |
|
this state actually occupies the seat beside the person in the | 71 |
|
vehicle the person is operating. | 72 |
| (2) A judge or mayor may issue an order granting the | 97 |
|
authority to drive with a certified ignition interlock device to a | 98 |
|
first-time offender during the period during which the suspension | 99 |
|
otherwise would be imposed. However, the court shall not grant | 100 |
|
such authority for employment as a driver of a commercial motor | 101 |
|
vehicle to any person who is disqualified from operating a | 102 |
|
commercial motor vehicle under section 4506.16 of the Revised | 103 |
|
Code. Except as provided in division (C) of section 4510.43 of the | 104 |
|
Revised Code, a court issuing an order under this section shall | 105 |
|
authorize the person during the period specified in the order to | 106 |
|
operate a motor vehicle only if it is equipped with a certified | 107 |
|
ignition interlock device. | 108 |
| (E) No person who is granted the authority to drive with a | 149 |
|
certified ignition interlock device pursuant to a court order | 150 |
|
issued under this section shall operate a motor vehicle that is | 151 |
|
not equipped with an ignition interlock device, circumvent the | 152 |
|
device, or tamper with the device. If such a person operates a | 153 |
|
motor vehicle that is not equipped with an ignition interlock | 154 |
|
device, circumvents the device, or tampers with the device or if | 155 |
|
the court receives notice pursuant to section 4510.46 of the | 156 |
|
Revised Code that a certified ignition interlock device required | 157 |
|
by an order issued under this section prevented the person from | 158 |
|
starting a motor vehicle, the following applies: | 159 |
| (F) With respect to an order issued under this section, the | 169 |
|
court shall impose an additional court cost of two dollars and | 170 |
|
fifty cents upon the offender. The court shall not waive this | 171 |
|
payment unless the court determines that the offender is indigent | 172 |
|
and waives the payment of all court costs imposed upon the | 173 |
|
indigent offender. The clerk of court shall transmit one hundred | 174 |
|
per cent of this mandatory court cost collected during a month on | 175 |
|
or before the twenty-third day of the following month to the state | 176 |
|
treasury to be credited to the state highway safety fund created | 177 |
|
under section 4501.06 of the Revised Code. The department of | 178 |
|
public safety shall use the amounts collected to cover costs | 179 |
|
associated with maintaining the habitual OVI/OMWI offender | 180 |
|
registry created under section 5502.10 of the Revised Code. | 181 |
| Sec. 4510.11. (A) Except as provided in division (B) of this | 189 |
|
section and in sections 4510.111 and 4510.16 of the Revised Code, | 190 |
|
no person whose driver's or commercial driver's license or permit | 191 |
|
or nonresident operating privilege has been suspended under any | 192 |
|
provision of the Revised Code, other than Chapter 4509. of the | 193 |
|
Revised Code, or under any applicable law in any other | 194 |
|
jurisdiction in which the person's license or permit was issued, | 195 |
|
shall operate any motor vehicle upon the public roads and highways | 196 |
|
or upon any public or private property used by the public for | 197 |
|
purposes of vehicular travel or parking within this state during | 198 |
the period of suspension unless the: | 199 |
| (C) Upon the request or motion of the prosecuting authority, | 217 |
|
a noncertified copy of the law enforcement automated data system | 218 |
|
report or a noncertified copy of a record of the registrar of | 219 |
|
motor vehicles that shows the name, date of birth, and social | 220 |
|
security number of a person charged with a violation of division | 221 |
|
(A) or (B) of this section may be admitted into evidence as | 222 |
|
prima-facie evidence that the license of the person was under | 223 |
|
suspension at the time of the alleged violation of division (A) of | 224 |
|
this section or the person operated a motor vehicle in violation | 225 |
|
of a restriction at the time of the alleged violation of division | 226 |
|
(B) of this section. The person charged with a violation of | 227 |
|
division (A) or (B) of this section may offer evidence to rebut | 228 |
|
this prima-facie evidence. | 229 |
| (D)(1) Whoever violates division (A) or (B) of this section | 230 |
|
is guilty of a misdemeanor of the first degree. The court may | 231 |
|
impose upon the offender a class seven suspension of the | 232 |
|
offender's driver's license, commercial driver's license, | 233 |
|
temporary instruction permit, probationary license, or nonresident | 234 |
|
operating privilege from the range specified in division (A)(7) of | 235 |
|
section 4510.02 of the Revised Code. | 236 |
| (2)(a) Except as provided in division (D)(2)(b) or (c) of | 237 |
|
this section, the court, in addition to any other penalty that it | 238 |
|
imposes on the offender and if the vehicle is registered in the | 239 |
|
offender's name and if, within three years of the offense, the | 240 |
|
offender previously has been convicted of or pleaded guilty to one | 241 |
|
violation of this section or section 4510.111 or 4510.16 of the | 242 |
|
Revised Code, or a substantially equivalent municipal ordinance, | 243 |
|
the court, in addition to or independent of any other sentence | 244 |
|
that it imposes upon the offender, may order the immobilization of | 245 |
|
the vehicle involved in the offense for thirty days and the | 246 |
|
impoundment of that vehicle's license plates for thirty days in | 247 |
|
accordance with section 4503.233 of the Revised Code. | 248 |
| (b) If the vehicle is registered in the offender's name and | 249 |
|
if, within three years of the offense, the offender previously has | 250 |
|
been convicted of or pleaded guilty to two violations of this | 251 |
|
section, or any combination of two violations of this section or | 252 |
|
section 4510.111 or 4510.16 of the Revised Code, or of a | 253 |
|
substantially similar municipal ordinance, the court, in addition | 254 |
|
to any other sentence that it imposes on the offender, may order | 255 |
|
the immobilization of the vehicle involved in the offense for | 256 |
|
sixty days and the impoundment of that vehicle's license plates | 257 |
|
for sixty days in accordance with section 4503.233 of the Revised | 258 |
|
Code. | 259 |
| (c) If the vehicle is registered in the offender's name and | 260 |
|
if, within three years of the offense, the offender previously has | 261 |
|
been convicted of or pleaded guilty to three or more violations of | 262 |
|
this section, or any combination of three or more violations of | 263 |
|
this section or section 4510.111 or 4510.16 of the Revised Code, | 264 |
|
or of a substantially similar municipal ordinance, the court, in | 265 |
|
addition to any other sentence that it imposes on the offender, | 266 |
|
may order the criminal forfeiture of the vehicle involved in the | 267 |
|
offense to the state. | 268 |
| (F) Any order of criminal forfeiture under this section shall | 275 |
|
be issued and enforced under section 4503.234 of the Revised Code. | 276 |
|
Upon receipt of the copy of the order from the court, neither the | 277 |
|
registrar of motor vehicles nor a deputy registrar shall accept | 278 |
|
any application for the registration or transfer of registration | 279 |
|
of any motor vehicle owned or leased by the person named in the | 280 |
|
declaration of forfeiture. The period of registration denial shall | 281 |
|
be five years after the date of the order, unless, during that | 282 |
|
period, the court having jurisdiction of the offense that led to | 283 |
|
the order terminates the forfeiture and notifies the registrar of | 284 |
|
the termination. The registrar then shall take necessary measures | 285 |
|
to permit the person to register a vehicle owned or leased by the | 286 |
|
person or to transfer registration of the vehicle. | 287 |
| (G) The offender shall provide the court with proof of | 288 |
|
financial responsibility as defined in section 4509.01 of the | 289 |
|
Revised Code. If the offender fails to provide that proof of | 290 |
|
financial responsibility, then, in addition to any other penalties | 291 |
|
provided by law, the court may order restitution pursuant to | 292 |
|
section 2929.28 of the Revised Code in an amount not exceeding | 293 |
|
five thousand dollars for any economic loss arising from an | 294 |
|
accident or collision that was the direct and proximate result of | 295 |
|
the offender's operation of the vehicle before, during, or after | 296 |
|
committing the offense for which the offender is sentenced under | 297 |
|
this section. | 298 |
| Sec. 4510.13. (A)(1) Divisions (A)(2) to (9) of this section | 299 |
|
apply to a judge or mayor regarding the suspension of, or the | 300 |
|
grant of limited driving privileges during a suspension of, an | 301 |
|
offender's driver's or commercial driver's license or permit or | 302 |
|
nonresident operating privilege imposed under division (G) or (H) | 303 |
|
of section 4511.19 of the Revised Code, under division (B) or (C) | 304 |
|
of section 4511.191 of the Revised Code, or under section 4510.07 | 305 |
|
of the Revised Code for a conviction of a violation of a municipal | 306 |
|
OVI ordinance. | 307 |
| (2) No judge or mayor shall suspend the following portions of | 308 |
|
the suspension of an offender's driver's or commercial driver's | 309 |
|
license or permit or nonresident operating privilege imposed under | 310 |
|
division (G) or (H) of section 4511.19 of the Revised Code or | 311 |
|
under section 4510.07 of the Revised Code for a conviction of a | 312 |
|
violation of a municipal OVI ordinance, provided that division | 313 |
|
(A)(2) of this section does not limit a court or mayor in | 314 |
|
crediting any period of suspension imposed pursuant to division | 315 |
|
(B) or (C) of section 4511.191 of the Revised Code against any | 316 |
|
time of judicial suspension imposed pursuant to section 4511.19 or | 317 |
|
4510.07 of the Revised Code, as described in divisions (B)(2) and | 318 |
|
(C)(2) of section 4511.191 of the Revised Code: | 319 |
| (3) No judge or mayor shall grant limited driving privileges | 336 |
|
to an offender whose driver's or commercial driver's license or | 337 |
|
permit or nonresident operating privilege has been suspended under | 338 |
|
division (G) or (H) of section 4511.19 of the Revised Code, under | 339 |
|
division (C) of section 4511.191 of the Revised Code, or under | 340 |
|
section 4510.07 of the Revised Code for a municipal OVI conviction | 341 |
|
if the offender, within the preceding six years, has been | 342 |
|
convicted of or pleaded guilty to three or more violations of one | 343 |
|
or more of the Revised Code sections, municipal ordinances, | 344 |
|
statutes of the United States or another state, or municipal | 345 |
|
ordinances of a municipal corporation of another state that are | 346 |
|
identified in divisions (G)(2)(b) to (h) of section 2919.22 of the | 347 |
|
Revised Code. | 348 |
| Additionally, no judge or mayor shall grant limited driving | 349 |
|
privileges to an offender whose driver's or commercial driver's | 350 |
|
license or permit or nonresident operating privilege has been | 351 |
|
suspended under division (B) of section 4511.191 of the Revised | 352 |
|
Code if the offender, within the preceding six years, has refused | 353 |
|
three previous requests to consent to a chemical test of the | 354 |
|
person's whole blood, blood serum or plasma, breath, or urine to | 355 |
|
determine its alcohol content. | 356 |
| (4) No judge or mayor shall grant limited driving privileges | 357 |
|
for employment as a driver of commercial motor vehicles to an | 358 |
|
offender whose driver's or commercial driver's license or permit | 359 |
|
or nonresident operating privilege has been suspended under | 360 |
|
division (G) or (H) of section 4511.19 of the Revised Code, under | 361 |
|
division (B) or (C) of section 4511.191 of the Revised Code, or | 362 |
|
under section 4510.07 of the Revised Code for a municipal OVI | 363 |
|
conviction if the offender is disqualified from operating a | 364 |
|
commercial motor vehicle, or whose license or permit has been | 365 |
|
suspended, under section 3123.58 or 4506.16 of the Revised Code. | 366 |
| (5) No judge or mayor shall grant limited driving privileges | 367 |
|
to a first-time offender as defined under section 4510.022 of the | 368 |
|
Revised Code. Further, no judge or mayor shall grant limited | 369 |
|
driving privileges to an offender whose driver's or commercial | 370 |
|
driver's license or permit or nonresident operating privilege has | 371 |
|
been suspended under division (G) or (H) of section 4511.19 of the | 372 |
|
Revised Code, under division (C) of section 4511.191 of the | 373 |
|
Revised Code, or under section 4510.07 of the Revised Code for a | 374 |
|
conviction of a violation of a municipal OVI ordinance during any | 375 |
|
of the following periods of time: | 376 |
| (a) The first fifteen days of a suspension imposed for a | 377 |
|
controlled substance related offense under: division (G)(1)(a) of | 378 |
section 4511.19 of the Revised Code or a comparable length | 379 |
suspension imposed under; section 4510.07 of the Revised Code,for | 380 |
|
a municipal OVI for a comparable length of time to the suspension | 381 |
|
imposed under division (G)(2)(a) of section 4511.19 of the Revised | 382 |
|
Code; or of a suspension imposed under division (C)(1)(a) of | 383 |
|
section 4511.191 of the Revised Code. On or after the sixteenth | 384 |
|
day of the suspension, the court may grant limited driving | 385 |
|
privileges, but the court may require that the offender shall not | 386 |
|
exercise the privileges unless the vehicles the offender operates | 387 |
are equipped with an immobilizing or disabling
devices that | 388 |
monitor the offender's alcohol consumption or any other type of | 389 |
immobilizing or disabling devicesdevice, except as provided in | 390 |
|
division (C) of section 4510.43 of the Revised Code. | 391 |
| (b) The first forty-five days of a suspension imposed under | 392 |
|
division (C)(1)(b) of section 4511.191 of the Revised Code. On or | 393 |
|
after the forty-sixth day of suspension, the court may grant | 394 |
|
limited driving privileges, but the court may require that the | 395 |
|
offender shall not exercise the privileges unless the vehicles the | 396 |
|
offender operates are equipped with immobilizing or disabling | 397 |
|
devices that monitor the offender's alcohol consumption or any | 398 |
|
other type of immobilizing or disabling devices, except as | 399 |
|
provided in division (C) of section 4510.43 of the Revised Code. | 400 |
| (7) In any case in which a judge or mayor grants limited | 490 |
|
driving privileges to an offender whose driver's or commercial | 491 |
|
driver's license or permit or nonresident operating privilege has | 492 |
|
been suspended under division (G)(1)(b), (c), (d), or (e) of | 493 |
|
section 4511.19 of the Revised Code, under division (G)(1)(a) of | 494 |
|
section 4511.19 of the Revised Code for a violation of division | 495 |
|
(A)(1)(f), (g), (h), or (i) of that section, or under section | 496 |
|
4510.07 of the Revised Code for a municipal OVI conviction for | 497 |
|
which sentence would have been imposed under division | 498 |
|
(G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section 4511.19 of | 499 |
|
the Revised Code had the offender been charged with and convicted | 500 |
|
of a violation of section 4511.19 of the Revised Code instead of a | 501 |
|
violation of the municipal OVI ordinance, the judge or mayor shall | 502 |
|
impose as a condition of the privileges that the offender must | 503 |
|
display on the vehicle that is driven subject to the privileges | 504 |
|
restricted license plates that are issued under section 4503.231 | 505 |
|
of the Revised Code, except as provided in division (B) of that | 506 |
|
section. | 507 |
(8) In any case in which the offenderNo offender who is | 508 |
|
required to use a certified ignition interlock device pursuant to | 509 |
|
a court order issued under division (A)(5) of this section shall | 510 |
|
operate a motor vehicle that is not equipped with an ignition | 511 |
|
interlock device, circumvent the device, or tamper with the | 512 |
|
device. If such an offender operates a motor vehicle that is not | 513 |
|
equipped with an ignition interlock device, circumvents the | 514 |
device, or tampers with the device or in any case in whichif the | 515 |
|
court receives notice pursuant to section 4510.46 of the Revised | 516 |
|
Code that a certified ignition interlock device required by an | 517 |
order issued under division (A)(5)(e), (f), or (g) of this section | 518 |
prevented anthe offender from starting a motor vehicle, the | 519 |
|
following applies: | 520 |
| (a) If the offender was sentenced under division (G)(1)(a) or | 521 |
|
(b) of section 4511.19 of the Revised Code or received a | 522 |
|
suspension under division (C)(1)(a) or (b) of section 4511.191 of | 523 |
|
the Revised Code, on a first instance the court may require the | 524 |
|
offender to wear a monitor that provides continuous alcohol | 525 |
|
monitoring that is remote. On a second instance, the court shall | 526 |
|
require the offender to wear a monitor that provides continuous | 527 |
|
alcohol monitoring that is remote for a minimum of forty days. On | 528 |
|
a third instance or more, the court shall require the offender to | 529 |
|
wear a monitor that provides continuous alcohol monitoring that is | 530 |
|
remote for a minimum of sixty days. | 531 |
| (b) If the offender was sentenced under division (G)(1)(c), | 532 |
|
(d), or (e) of section 4511.19 of the Revised Code or received a | 533 |
|
suspension under division (C)(1)(c) or (d) of section 4511.191 of | 534 |
|
the Revised Code, on a first instance the court shall require the | 535 |
|
offender to wear a monitor that provides continuous alcohol | 536 |
|
monitoring that is remote for a minimum of forty days. On a second | 537 |
|
instance or more, the court shall require the offender to wear a | 538 |
|
monitor that provides continuous alcohol monitoring that is remote | 539 |
|
for a minimum of sixty days. | 540 |
| (9) In any case in which the court issues an order under this | 541 |
|
section prohibiting an offender from exercising limited driving | 542 |
|
privileges unless the vehicles the offender operates are equipped | 543 |
|
with an immobilizing or disabling device, including a certified | 544 |
|
ignition interlock device, or requires an offender to wear a | 545 |
|
monitor that provides continuous alcohol monitoring that is | 546 |
|
remote, the court shall impose an additional court cost of two | 547 |
|
dollars and fifty cents upon the offender. The court shall not | 548 |
|
waive the payment of the two dollars and fifty cents unless the | 549 |
|
court determines that the offender is indigent and waives the | 550 |
|
payment of all court costs imposed upon the indigent offender. The | 551 |
|
clerk of court shall transmit one hundred per cent of this | 552 |
|
mandatory court cost collected during a month on or before the | 553 |
|
twenty-third day of the following month to the state treasury to | 554 |
|
be credited to the state highway safety fund created under section | 555 |
|
4501.06 of the Revised Code, to be used by the department of | 556 |
|
public safety to cover costs associated with maintaining the | 557 |
|
habitual OVI/OMWI offender registry created under section 5502.10 | 558 |
|
of the Revised Code. In its discretion the court may impose an | 559 |
|
additional court cost of two dollars and fifty cents upon the | 560 |
|
offender. The clerk of court shall retain this discretionary two | 561 |
|
dollar and fifty cent court cost, if imposed, and shall deposit it | 562 |
|
in the court's special projects fund that is established under | 563 |
|
division (E)(1) of section 2303.201, division (B)(1) of section | 564 |
|
1901.26, or division (B)(1) of section 1907.24 of the Revised | 565 |
|
Code. | 566 |
| (10) In any case in which the court issues an order under | 567 |
|
this section prohibiting an offender from exercising limited | 568 |
|
driving privileges unless the vehicles the offender operates are | 569 |
|
equipped with an immobilizing or disabling device, including a | 570 |
|
certified ignition interlock device, the court shall notify the | 571 |
|
offender at the time the offender is granted limited driving | 572 |
|
privileges that, in accordance with section 4510.46 of the Revised | 573 |
|
Code, if the court receives notice that the device prevented the | 574 |
|
offender from starting the motor vehicle because the device was | 575 |
|
tampered with or circumvented or because the analysis of the | 576 |
|
deep-lung breath sample or other method employed by the device to | 577 |
|
measure the concentration by weight of alcohol in the offender's | 578 |
|
breath indicated the presence of alcohol in the offender's breath | 579 |
|
in a concentration sufficient to prevent the device from | 580 |
|
permitting the motor vehicle to be started, the court may increase | 581 |
|
the period of suspension of the offender's driver's or commercial | 582 |
|
driver's license or permit or nonresident operating privilege from | 583 |
|
that originally imposed by the court by a factor of two and may | 584 |
|
increase the period of time during which the offender will be | 585 |
|
prohibited from exercising any limited driving privileges granted | 586 |
|
to the offender unless the vehicles the offender operates are | 587 |
|
equipped with a certified ignition interlock device by a factor of | 588 |
|
two. | 589 |
| (B) Any person whose driver's or commercial driver's license | 590 |
|
or permit or nonresident operating privilege has been suspended | 591 |
|
pursuant to section 4511.19 or 4511.191 of the Revised Code or | 592 |
|
under section 4510.07 of the Revised Code for a violation of a | 593 |
|
municipal OVI ordinance may file a petition for limited driving | 594 |
|
privileges during the suspension. The person shall file the | 595 |
|
petition in the court that has jurisdiction over the place of | 596 |
|
arrest. Subject to division (A) of this section, the court may | 597 |
|
grant the person limited driving privileges during the period | 598 |
|
during which the suspension otherwise would be imposed. However, | 599 |
|
the court shall not grant the privileges for employment as a | 600 |
|
driver of a commercial motor vehicle to any person who is | 601 |
|
disqualified from operating a commercial motor vehicle under | 602 |
|
section 4506.16 of the Revised Code or during any of the periods | 603 |
|
prescribed by division (A) of this section. | 604 |
| (C)(1) After a driver's or commercial driver's license or | 605 |
|
permit or nonresident operating privilege has been suspended | 606 |
|
pursuant to section 2903.06, 2903.08, 2903.11, 2907.24, 2921.331, | 607 |
|
2923.02, 2929.02, 4511.19, 4511.251, 4549.02, 4549.021, or 5743.99 | 608 |
|
of the Revised Code, any provision of Chapter 2925. of the Revised | 609 |
|
Code, or section 4510.07 of the Revised Code for a violation of a | 610 |
|
municipal OVI ordinance, the judge of the court or mayor of the | 611 |
|
mayor's court that suspended the license, permit, or privilege | 612 |
|
shall cause the offender to deliver to the court the license or | 613 |
|
permit. The judge, mayor, or clerk of the court or mayor's court | 614 |
|
shall forward to the registrar the license or permit together with | 615 |
|
notice of the action of the court. | 616 |
| (2) A suspension of a commercial driver's license under any | 617 |
|
section or chapter identified in division (C)(1) of this section | 618 |
|
shall be concurrent with any period of suspension or | 619 |
|
disqualification under section 3123.58 or 4506.16 of the Revised | 620 |
|
Code. No person who is disqualified for life from holding a | 621 |
|
commercial driver's license under section 4506.16 of the Revised | 622 |
|
Code shall be issued a driver's license under this chapter during | 623 |
|
the period for which the commercial driver's license was suspended | 624 |
|
under this section, and no person whose commercial driver's | 625 |
|
license is suspended under any section or chapter identified in | 626 |
|
division (C)(1) of this section shall be issued a driver's license | 627 |
|
under Chapter 4507. of the Revised Code during the period of the | 628 |
|
suspension. | 629 |
| (3) No judge or mayor shall suspend any class one suspension, | 630 |
|
or any portion of any class one suspension, imposed under section | 631 |
|
2903.04, 2903.06, 2903.08, or 2921.331 of the Revised Code. No | 632 |
|
judge or mayor shall suspend the first thirty days of any class | 633 |
|
two, class three, class four, class five, or class six suspension | 634 |
|
imposed under section 2903.06, 2903.08, 2903.11, 2923.02, or | 635 |
|
2929.02 of the Revised Code. | 636 |
| (D) The judge of the court or mayor of the mayor's court | 637 |
|
shall credit any time during which an offender was subject to an | 638 |
|
administrative suspension of the offender's driver's or commercial | 639 |
|
driver's license or permit or nonresident operating privilege | 640 |
|
imposed pursuant to section 4511.191 or 4511.192 of the Revised | 641 |
|
Code or a suspension imposed by a judge, referee, or mayor | 642 |
|
pursuant to division (B)(1) or (2) of section 4511.196 of the | 643 |
|
Revised Code against the time to be served under a related | 644 |
|
suspension imposed pursuant to any section or chapter identified | 645 |
|
in division (C)(1) of this section. | 646 |
| (F)(1) If a court issues an immobilizing or disabling device | 651 |
order under this section 4510.43 of the Revised Code, the order | 652 |
|
shall authorize the offender during the specified period to | 653 |
|
operate a motor vehicle only if it is equipped with an | 654 |
|
immobilizing or disabling device, except as provided in division | 655 |
(C) of that section 4510.43 of the Revised Code. The court shall | 656 |
provide the offender with a copy of an immobilizing or disabling | 657 |
devicethe order issued under section 4510.43 of the Revised Code, | 658 |
|
and the offender shall use the copy of the order in lieu of an | 659 |
|
Ohio driver's or commercial driver's license or permit until the | 660 |
|
registrar or a deputy registrar issues the offender a restricted | 661 |
|
license. | 662 |
| (2) An offender may present an immobilizing or disabling | 668 |
|
device order issued under this section to the registrar or to a | 669 |
|
deputy registrar. Upon presentation of the order to the registrar | 670 |
|
or a deputy registrar, the registrar or deputy registrar shall | 671 |
|
issue the offender a restricted license. A restricted license | 672 |
|
issued under this division shall be identical to an Ohio driver's | 673 |
|
license, except that it shall have printed on its face a statement | 674 |
|
that the offender is prohibited during the period specified in the | 675 |
|
court order from operating any motor vehicle that is not equipped | 676 |
|
with an immobilizing or disabling device. The date of commencement | 677 |
|
and the date of termination of the period of suspension shall be | 678 |
|
indicated conspicuously upon the face of the license. | 679 |
| (a) A mandatory jail term of three consecutive days. The | 706 |
|
three-day term shall be imposed, unless, subject to division (C) | 707 |
|
of this section, the court instead imposes a sentence of not less | 708 |
|
than thirty consecutive days of house arrest with electronic | 709 |
|
monitoring. A period of house arrest with electronic monitoring | 710 |
|
imposed under this division shall not exceed six months. If the | 711 |
|
court imposes a mandatory three-day jail term under this division, | 712 |
|
the court may impose a jail term in addition to that term, | 713 |
|
provided that in no case shall the cumulative jail term imposed | 714 |
|
for the offense exceed six months. | 715 |
| (a) A mandatory jail term of ten consecutive days. | 730 |
|
Notwithstanding the jail terms provided in sections 2929.21 to | 731 |
|
2929.28 of the Revised Code, the court may sentence the offender | 732 |
|
to a longer jail term of not more than one year. The ten-day | 733 |
|
mandatory jail term shall be imposed unless, subject to division | 734 |
|
(C) of this section, the court instead imposes a sentence of not | 735 |
|
less than ninety consecutive days of house arrest with electronic | 736 |
|
monitoring. The period of house arrest with electronic monitoring | 737 |
|
shall not exceed one year. | 738 |
| (d) If the vehicle the offender was operating at the time of | 765 |
|
the offense is registered in the offender's name, criminal | 766 |
|
forfeiture to the state of the offender's vehicle. The order of | 767 |
|
criminal forfeiture shall be issued and enforced in accordance | 768 |
|
with section 4503.234 of the Revised Code. If title to a motor | 769 |
|
vehicle that is subject to an order for criminal forfeiture under | 770 |
|
this division is assigned or transferred and division (B)(2) or | 771 |
|
(3) of section 4503.234 of the Revised Code applies, the court may | 772 |
|
fine the offender the value of the vehicle as determined by | 773 |
|
publications of the national automobile dealers association. The | 774 |
|
proceeds from any fine so imposed shall be distributed in | 775 |
|
accordance with division (C)(2) of section 4503.234 of the Revised | 776 |
|
Code. | 777 |
| (C) No court shall impose an alternative sentence of house | 778 |
|
arrest with electronic monitoring under division (B)(1) or (2) of | 779 |
|
this section unless, within sixty days of the date of sentencing, | 780 |
|
the court issues a written finding on the record that, due to the | 781 |
|
unavailability of space at the jail where the offender is required | 782 |
|
to serve the jail term imposed, the offender will not be able to | 783 |
|
begin serving that term within the sixty-day period following the | 784 |
|
date of sentencing. | 785 |
| When permitted as specified in section 4510.021 of the | 804 |
|
Revised Code, if the court grants limited driving privileges | 805 |
|
during a suspension imposed under this section, the privileges | 806 |
|
shall be granted on the additional condition that the offender | 807 |
|
must display restricted license plates, issued under section | 808 |
|
4503.231 of the Revised Code, on the vehicle driven subject to the | 809 |
|
privileges, except as provided in division (B) of that section. | 810 |
| A suspension of a commercial driver's license under this | 811 |
|
section shall be concurrent with any period of suspension or | 812 |
|
disqualification under section 3123.58 or 4506.16 of the Revised | 813 |
|
Code. No person who is disqualified for life from holding a | 814 |
|
commercial driver's license under section 4506.16 of the Revised | 815 |
|
Code shall be issued a driver's license under Chapter 4507. of the | 816 |
|
Revised Code during the period for which the commercial driver's | 817 |
|
license was suspended under this section, and no person whose | 818 |
|
commercial driver's license is suspended under this section shall | 819 |
|
be issued a driver's license under Chapter 4507. of the Revised | 820 |
|
Code during the period of the suspension. | 821 |
| (F) The offender shall provide the court with proof of | 822 |
|
financial responsibility as defined in section 4509.01 of the | 823 |
|
Revised Code. If the offender fails to provide that proof of | 824 |
|
financial responsibility, then, in addition to any other penalties | 825 |
|
provided by law, the court may order restitution pursuant to | 826 |
|
section 2929.28 of the Revised Code in an amount not exceeding | 827 |
|
five thousand dollars for any economic loss arising from an | 828 |
|
accident or collision that was the direct and proximate result of | 829 |
|
the offender's operation of the vehicle before, during, or after | 830 |
|
committing the offense that is a misdemeanor of the first degree | 831 |
|
under this section for which the offender is sentenced. | 832 |
| Sec. 4510.17. (A) The registrar of motor vehicles shall | 854 |
|
impose a class D suspension of the person's driver's license, | 855 |
|
commercial driver's license, temporary instruction permit, | 856 |
|
probationary license, or nonresident operating privilege for the | 857 |
|
period of time specified in division (B)(4) of section 4510.02 of | 858 |
|
the Revised Code on any person who is a resident of this state and | 859 |
|
is convicted of or pleads guilty to a violation of a statute of | 860 |
|
any other state or any federal statute that is substantially | 861 |
|
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, | 862 |
|
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.141, 2925.22, | 863 |
|
2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised | 864 |
|
Code. Upon receipt of a report from a court, court clerk, or other | 865 |
|
official of any other state or from any federal authority that a | 866 |
|
resident of this state was convicted of or pleaded guilty to an | 867 |
|
offense described in this division, the registrar shall send a | 868 |
|
notice by regular first class mail to the person, at the person's | 869 |
|
last known address as shown in the records of the bureau of motor | 870 |
|
vehicles, informing the person of the suspension, that the | 871 |
|
suspension will take effect twenty-one days from the date of the | 872 |
|
notice, and that, if the person wishes to appeal the suspension or | 873 |
|
denial, the person must file a notice of appeal within twenty-one | 874 |
|
days of the date of the notice requesting a hearing on the matter. | 875 |
|
If the person requests a hearing, the registrar shall hold the | 876 |
|
hearing not more than forty days after receipt by the registrar of | 877 |
|
the notice of appeal. The filing of a notice of appeal does not | 878 |
|
stay the operation of the suspension that must be imposed pursuant | 879 |
|
to this division. The scope of the hearing shall be limited to | 880 |
|
whether the person actually was convicted of or pleaded guilty to | 881 |
|
the offense for which the suspension is to be imposed. | 882 |
| (B) The registrar shall impose a class D suspension of the | 896 |
|
person's driver's license, commercial driver's license, temporary | 897 |
|
instruction permit, probationary license, or nonresident operating | 898 |
|
privilege for the period of time specified in division (B)(4) of | 899 |
|
section 4510.02 of the Revised Code on any person who is a | 900 |
|
resident of this state and is convicted of or pleads guilty to a | 901 |
|
violation of a statute of any other state or a municipal ordinance | 902 |
|
of a municipal corporation located in any other state that is | 903 |
|
substantially similar to section 4511.19 of the Revised Code. Upon | 904 |
|
receipt of a report from another state made pursuant to section | 905 |
|
4510.61 of the Revised Code indicating that a resident of this | 906 |
|
state was convicted of or pleaded guilty to an offense described | 907 |
|
in this division, the registrar shall send a notice by regular | 908 |
|
first class mail to the person, at the person's last known address | 909 |
|
as shown in the records of the bureau of motor vehicles, informing | 910 |
|
the person of the suspension, that the suspension or denial will | 911 |
|
take effect twenty-one days from the date of the notice, and that, | 912 |
|
if the person wishes to appeal the suspension, the person must | 913 |
|
file a notice of appeal within twenty-one days of the date of the | 914 |
|
notice requesting a hearing on the matter. If the person requests | 915 |
|
a hearing, the registrar shall hold the hearing not more than | 916 |
|
forty days after receipt by the registrar of the notice of appeal. | 917 |
|
The filing of a notice of appeal does not stay the operation of | 918 |
|
the suspension that must be imposed pursuant to this division. The | 919 |
|
scope of the hearing shall be limited to whether the person | 920 |
|
actually was convicted of or pleaded guilty to the offense for | 921 |
|
which the suspension is to be imposed. | 922 |
| (C) The registrar shall impose a class D suspension of the | 928 |
|
child's driver's license, commercial driver's license, temporary | 929 |
|
instruction permit, or nonresident operating privilege for the | 930 |
|
period of time specified in division (B)(4) of section 4510.02 of | 931 |
|
the Revised Code on any child who is a resident of this state and | 932 |
|
is convicted of or pleads guilty to a violation of a statute of | 933 |
|
any other state or any federal statute that is substantially | 934 |
|
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, | 935 |
|
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.141, 2925.22, | 936 |
|
2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised | 937 |
|
Code. Upon receipt of a report from a court, court clerk, or other | 938 |
|
official of any other state or from any federal authority that a | 939 |
|
child who is a resident of this state was convicted of or pleaded | 940 |
|
guilty to an offense described in this division, the registrar | 941 |
|
shall send a notice by regular first class mail to the child, at | 942 |
|
the child's last known address as shown in the records of the | 943 |
|
bureau of motor vehicles, informing the child of the suspension, | 944 |
|
that the suspension or denial will take effect twenty-one days | 945 |
|
from the date of the notice, and that, if the child wishes to | 946 |
|
appeal the suspension, the child must file a notice of appeal | 947 |
|
within twenty-one days of the date of the notice requesting a | 948 |
|
hearing on the matter. If the child requests a hearing, the | 949 |
|
registrar shall hold the hearing not more than forty days after | 950 |
|
receipt by the registrar of the notice of appeal. The filing of a | 951 |
|
notice of appeal does not stay the operation of the suspension | 952 |
|
that must be imposed pursuant to this division. The scope of the | 953 |
|
hearing shall be limited to whether the child actually was | 954 |
|
convicted of or pleaded guilty to the offense for which the | 955 |
|
suspension is to be imposed. | 956 |
| The suspension the registrar is required to impose under this | 957 |
|
division shall end either on the last day of the class D | 958 |
|
suspension period or of the suspension of the child's nonresident | 959 |
|
operating privilege imposed by the state or federal court, | 960 |
|
whichever is earlier. If the child is a resident of this state who | 961 |
|
is sixteen years of age or older and does not have a current, | 962 |
|
valid Ohio driver's or commercial driver's license or permit, the | 963 |
|
notice shall inform the child that the child will be denied | 964 |
|
issuance of a driver's or commercial driver's license or permit | 965 |
|
for six months beginning on the date of the notice. If the child | 966 |
|
has not attained the age of sixteen years on the date of the | 967 |
|
notice, the notice shall inform the child that the period of | 968 |
|
denial of six months shall commence on the date the child attains | 969 |
|
the age of sixteen years. | 970 |
| The registrar shall subscribe to or otherwise participate in | 971 |
|
any information system or register, or enter into reciprocal and | 972 |
|
mutual agreements with other states and federal authorities, in | 973 |
|
order to facilitate the exchange of information with other states | 974 |
|
and the United States government regarding children who are | 975 |
|
residents of this state and plead guilty to or are convicted of | 976 |
|
offenses described in this division and therefore are subject to | 977 |
|
the suspension or denial described in this division. | 978 |
| (D) The registrar shall impose a class D suspension of the | 979 |
|
child's driver's license, commercial driver's license, temporary | 980 |
|
instruction permit, probationary license, or nonresident operating | 981 |
|
privilege for the period of time specified in division (B)(4) of | 982 |
|
section 4510.02 of the Revised Code on any child who is a resident | 983 |
|
of this state and is convicted of or pleads guilty to a violation | 984 |
|
of a statute of any other state or a municipal ordinance of a | 985 |
|
municipal corporation located in any other state that is | 986 |
|
substantially similar to section 4511.19 of the Revised Code. Upon | 987 |
|
receipt of a report from another state made pursuant to section | 988 |
|
4510.61 of the Revised Code indicating that a child who is a | 989 |
|
resident of this state was convicted of or pleaded guilty to an | 990 |
|
offense described in this division, the registrar shall send a | 991 |
|
notice by regular first class mail to the child, at the child's | 992 |
|
last known address as shown in the records of the bureau of motor | 993 |
|
vehicles, informing the child of the suspension, that the | 994 |
|
suspension will take effect twenty-one days from the date of the | 995 |
|
notice, and that, if the child wishes to appeal the suspension, | 996 |
|
the child must file a notice of appeal within twenty-one days of | 997 |
|
the date of the notice requesting a hearing on the matter. If the | 998 |
|
child requests a hearing, the registrar shall hold the hearing not | 999 |
|
more than forty days after receipt by the registrar of the notice | 1000 |
|
of appeal. The filing of a notice of appeal does not stay the | 1001 |
|
operation of the suspension that must be imposed pursuant to this | 1002 |
|
division. The scope of the hearing shall be limited to whether the | 1003 |
|
child actually was convicted of or pleaded guilty to the offense | 1004 |
|
for which the suspension is to be imposed. | 1005 |
| The suspension the registrar is required to impose under this | 1006 |
|
division shall end either on the last day of the class D | 1007 |
|
suspension period or of the suspension of the child's nonresident | 1008 |
|
operating privilege imposed by the state or federal court, | 1009 |
|
whichever is earlier. If the child is a resident of this state who | 1010 |
|
is sixteen years of age or older and does not have a current, | 1011 |
|
valid Ohio driver's or commercial driver's license or permit, the | 1012 |
|
notice shall inform the child that the child will be denied | 1013 |
|
issuance of a driver's or commercial driver's license or permit | 1014 |
|
for six months beginning on the date of the notice. If the child | 1015 |
|
has not attained the age of sixteen years on the date of the | 1016 |
|
notice, the notice shall inform the child that the period of | 1017 |
|
denial of six months shall commence on the date the child attains | 1018 |
|
the age of sixteen years. | 1019 |
| (E) Any person whose license or permit has been suspended | 1020 |
|
pursuant to this section may file a petition in the municipal or | 1021 |
|
county court, or in case the person is under eighteen years of | 1022 |
|
age, the juvenile court, in whose jurisdiction the person resides, | 1023 |
|
agreeing to pay the cost of the proceedings and alleging that the | 1024 |
|
suspension would seriously affect the person's ability to continue | 1025 |
|
the person's employment. Upon satisfactory proof that there is | 1026 |
|
reasonable cause to believe that the suspension would seriously | 1027 |
|
affect the person's ability to continue the person's employment, | 1028 |
|
the judge may grant the person limited driving privileges during | 1029 |
|
the period during which the suspension otherwise would be imposed, | 1030 |
|
except that the judge shall not grant limited driving privileges | 1031 |
|
for employment as a driver of a commercial motor vehicle to any | 1032 |
|
person who would be disqualified from operating a commercial motor | 1033 |
|
vehicle under section 4506.16 of the Revised Code if the violation | 1034 |
|
had occurred in this state, or during any of the following periods | 1035 |
|
of time: | 1036 |
| (e) Division (A)(2), (3), or (4) of section 2903.06, division | 1056 |
|
(A)(2) of section 2903.08, or as it existed prior to March 23, | 1057 |
|
2000, section 2903.07 of the Revised Code, or a municipal | 1058 |
|
ordinance that is substantially similar to any of those divisions | 1059 |
|
or that former section, in a case in which the jury or judge found | 1060 |
|
that the person was under the influence of alcohol, a drug of | 1061 |
|
abuse, or alcohol and a drug of abuse. | 1062 |
| (F) If a person petitions for limited driving privileges | 1092 |
|
under division (E) of this section, the registrar shall be | 1093 |
|
represented by the county prosecutor of the county in which the | 1094 |
|
person resides if the petition is filed in a juvenile court or | 1095 |
|
county court, except that if the person resides within a city or | 1096 |
|
village that is located within the jurisdiction of the county in | 1097 |
|
which the petition is filed, the city director of law or village | 1098 |
|
solicitor of that city or village shall represent the registrar. | 1099 |
|
If the petition is filed in a municipal court, the registrar shall | 1100 |
|
be represented as provided in section 1901.34 of the Revised Code. | 1101 |
| In granting limited driving privileges under division (E) of | 1102 |
|
this section, the court may impose any condition it considers | 1103 |
|
reasonable and necessary to limit the use of a vehicle by the | 1104 |
|
person. The court shall deliver to the person a permit card, in a | 1105 |
|
form to be prescribed by the court, setting forth the time, place, | 1106 |
|
and other conditions limiting the person's use of a motor vehicle. | 1107 |
|
The grant of limited driving privileges shall be conditioned upon | 1108 |
|
the person's having the permit in the person's possession at all | 1109 |
|
times during which the person is operating a vehicle. | 1110 |
| (1) "Child" means a person who is under the age of eighteen | 1117 |
|
years, except that any person who violates a statute or ordinance | 1118 |
|
described in division (C) or (D) of this section prior to | 1119 |
|
attaining eighteen years of age shall be deemed a "child" | 1120 |
|
irrespective of the person's age at the time the complaint or | 1121 |
|
other equivalent document is filed in the other state or a | 1122 |
|
hearing, trial, or other proceeding is held in the other state on | 1123 |
|
the complaint or other equivalent document, and irrespective of | 1124 |
|
the person's age when the period of license suspension or denial | 1125 |
|
prescribed in division (C) or (D) of this section is imposed. | 1126 |
| Sec. 4510.43. (A)(1) The director of public safety, upon | 1145 |
|
consultation with the director of health and in accordance with | 1146 |
|
Chapter 119. of the Revised Code, shall certify immobilizing and | 1147 |
|
disabling devices and, subject to section 4510.45 of the Revised | 1148 |
|
Code, shall publish and make available to the courts, without | 1149 |
|
charge, a list of licensed manufacturers of ignition interlock | 1150 |
|
devices and approved devices together with information about the | 1151 |
|
manufacturers of the devices and where they may be obtained. The | 1152 |
|
manufacturer of an immobilizing or disabling device shall pay the | 1153 |
|
cost of obtaining the certification of the device to the director | 1154 |
|
of public safety, and the director shall deposit the payment in | 1155 |
|
the indigent drivers alcohol treatment fund established by section | 1156 |
|
4511.191 of the Revised Code. | 1157 |
| (2) The director of public safety, in accordance with Chapter | 1158 |
|
119. of the Revised Code, shall adopt and publish rules setting | 1159 |
|
forth the requirements for obtaining the certification of an | 1160 |
|
immobilizing or disabling device. The director of public safety | 1161 |
|
shall not certify an immobilizing or disabling device under this | 1162 |
|
section unless it meets the requirements specified and published | 1163 |
|
by the director in the rules adopted pursuant to this division. A | 1164 |
|
certified device may consist of an ignition interlock device, an | 1165 |
|
ignition blocking device initiated by time or magnetic or | 1166 |
|
electronic encoding, an activity monitor, or any other device that | 1167 |
|
reasonably assures compliance with an order granting limited | 1168 |
|
driving privileges. Ignition interlock devices shall be certified | 1169 |
|
annually. | 1170 |
| The requirements for an immobilizing or disabling device that | 1171 |
|
is an ignition interlock device shall require that the | 1172 |
|
manufacturer of the device submit to the department of public | 1173 |
|
safety a certificate from an independent testing laboratory | 1174 |
|
indicating that the device meets or exceeds the standards of the | 1175 |
|
national highway traffic safety administration, as defined in | 1176 |
|
section 4511.19 of the Revised Code, that are in effect at the | 1177 |
|
time of the director's decision regarding certification of the | 1178 |
|
device, shall include provisions for setting a minimum and maximum | 1179 |
|
calibration range, and shall include, but shall not be limited to, | 1180 |
|
specifications that the device complies with all of the following: | 1181 |
| (4) The director of public safety shall adopt rules in | 1207 |
|
accordance with Chapter 119. of the Revised Code for the design of | 1208 |
|
a warning label that shall be affixed to each immobilizing or | 1209 |
|
disabling device upon installation. The label shall contain a | 1210 |
|
warning that any person tampering, circumventing, or otherwise | 1211 |
|
misusing the device is subject to a fine, imprisonment, or both | 1212 |
|
and may be subject to civil liability. | 1213 |
| (B) A court considering the use of a prototype device in a | 1214 |
|
pilot program shall advise the director of public safety, thirty | 1215 |
|
days before the use, of the prototype device and its protocol, | 1216 |
|
methodology, manufacturer, and licensor, lessor, other agent, or | 1217 |
|
owner, and the length of the court's pilot program. A prototype | 1218 |
|
device shall not be used for a violation of section 4510.14 or | 1219 |
|
4511.19 of the Revised Code, a violation of a municipal OVI | 1220 |
|
ordinance, or in relation to a suspension imposed under section | 1221 |
|
4511.191 of the Revised Code. A court that uses a prototype device | 1222 |
|
in a pilot program, periodically during the existence of the | 1223 |
|
program and within fourteen days after termination of the program, | 1224 |
|
shall report in writing to the director of public safety regarding | 1225 |
|
the effectiveness of the prototype device and the program. | 1226 |
(C) If a person has been granted limited driving privileges | 1227 |
with a condition of the privileges being that the motor vehicle | 1228 |
that is operated under the privileges must be equipped with an | 1229 |
immobilizing or disabling device, the person may operate a motor | 1230 |
vehicle that is owned by the person's employer only if the person | 1231 |
is required to operate that motor vehicle in the course and scope | 1232 |
of the offender's employment. Such a person may operate that | 1233 |
vehicle without the installation of an immobilizing or disabling | 1234 |
device, provided that the employer has been notified that the | 1235 |
person has limited driving privileges and of the nature of the | 1236 |
restriction and further provided that the person has proof of the | 1237 |
employer's notification in the person's possession while operating | 1238 |
the employer's vehicle for normal business duties. AIf a court | 1239 |
|
has granted to a person during the period of suspension of that | 1240 |
|
person's driver's license the authority to drive with a certified | 1241 |
|
ignition interlock device or limited driving privileges subject to | 1242 |
|
the condition that the motor vehicle must be equipped with an | 1243 |
|
immobilizing or disabling device, the person may operate a vehicle | 1244 |
|
that is owned by the person's employer without the installation of | 1245 |
|
an immobilizing or disabling device provided that all of the | 1246 |
|
following apply: | 1247 |
Sec. 4510.44. (A)(1) No offender withwho has been granted | 1259 |
|
the authority to drive with a certified ignition interlock device | 1260 |
|
or granted limited driving privileges, during any period that the | 1261 |
|
offender is required to operate only a motor vehicle equipped with | 1262 |
|
an immobilizing or disabling device, shall request or permit any | 1263 |
|
other person to breathe into the device if it is an ignition | 1264 |
|
interlock device or another type of device that monitors the | 1265 |
|
concentration of alcohol in a person's breath or to otherwise | 1266 |
|
start the motor vehicle equipped with the device, for the purpose | 1267 |
|
of providing the offender with an operable motor vehicle. | 1268 |
| (2)(a) Except as provided in division (A)(2)(b) of this | 1269 |
|
section, no person shall breathe into an immobilizing or disabling | 1270 |
|
device that is an ignition interlock device or another type of | 1271 |
|
device that monitors the concentration of alcohol in a person's | 1272 |
|
breath or otherwise start a motor vehicle equipped with an | 1273 |
|
immobilizing or disabling device, for the purpose of providing an | 1274 |
operable motor vehicle to an offender with limited driving | 1275 |
privileges who is permitted towho has been granted the authority | 1276 |
|
to drive with a certified ignition interlock device or granted | 1277 |
|
limited driving privileges under the condition that the offender | 1278 |
|
operate only a motor vehicle equipped with an immobilizing or | 1279 |
|
disabling device. | 1280 |
| (B) A governmental agency, bureau, department, or office, or | 1308 |
|
a private corporation, or any other entity that monitors certified | 1309 |
|
ignition interlock devices for or on behalf of a court shall | 1310 |
|
inform the court whenever such a device that has been installed in | 1311 |
a motor vehicle indicates that it has prevented an offender whose | 1312 |
driver's or commercial driver's license or permit or nonresident | 1313 |
operating privilege has been suspended by a court under division | 1314 |
(G)(1)(a), (b), (c), (d), or (e) of section 4511.19 of the Revised | 1315 |
Code and who has been granted limited driving privileges under | 1316 |
section 4510.13 of the Revised Code from starting the motor | 1317 |
vehicle because the: | 1318 |
(B)(C) Upon receipt of such information pertaining to an | 1327 |
offender whose driver's or commercial driver's license or permit | 1328 |
or nonresident operating privilege has been suspended by a court | 1329 |
under division (G)(1)(b), (c), (d), or (e) of section 4511.19 of | 1330 |
the Revised Code and who has been granted limited driving | 1331 |
privileges under section 4510.13 of the Revised Code, the court | 1332 |
|
shall send a notice to the offender stating that it has received | 1333 |
evidence of an instance described in division (A)(B) of this | 1334 |
|
section. If a court pursuant to division (A)(8) of section 4510.13 | 1335 |
|
of the Revised Code or division (E) of section 4510.022 of the | 1336 |
|
Revised Code requires the offender to wear an alcohol monitor, the | 1337 |
|
notice shall state that because of this instance the offender is | 1338 |
|
required to wear a monitor that provides for continuous alcohol | 1339 |
monitoring in accordance with the applicable division (A)(8) of | 1340 |
section 4510.13 of the Revised Code. The notice shall further | 1341 |
|
state that because of this instance the court may increase the | 1342 |
|
period of suspension of the offender's driver's or commercial | 1343 |
|
driver's license or permit or nonresident operating privilege from | 1344 |
|
that originally imposed by the court by a factor of two and may | 1345 |
|
increase the period of time during which the offender will be | 1346 |
|
prohibited from exercising the authority to drive with a certified | 1347 |
|
ignition interlock device or any limited driving privileges | 1348 |
|
granted to the offender unless the vehicles the offender operates | 1349 |
|
are equipped with a certified ignition interlock device by a | 1350 |
|
factor of two. | 1351 |
| The notice shall state whether the court will impose these | 1352 |
|
increases and, if so, that these increases will take effect | 1353 |
|
fourteen days from the date of the notice unless the offender | 1354 |
|
files a timely motion with the court, appealing the increases in | 1355 |
|
the time described in this division and requesting a hearing on | 1356 |
|
the matter. Any such motion that is filed within that fourteen-day | 1357 |
|
period shall be considered to be filed in a timely manner, and any | 1358 |
|
such motion that is filed after that fourteen-day period shall be | 1359 |
|
considered not to be filed in a timely manner. If the offender | 1360 |
|
files a timely motion, the court may hold a hearing on the matter. | 1361 |
|
The scope of the hearing is limited to determining whether the | 1362 |
|
offender in fact was prevented from starting a motor vehicle that | 1363 |
is equipped with a certified ignition interlock device because the | 1364 |
device was tampered with or circumvented or because the analysis | 1365 |
of the deep-lung breath sample or other method employed by the | 1366 |
ignition interlock device to measure the concentration by weight | 1367 |
of alcohol in the offender's breath indicated the presence of | 1368 |
alcohol in the offender's breath in a concentration sufficient to | 1369 |
prevent the ignition interlock device from permitting the motor | 1370 |
vehicle to be startedof any reason described in divisions (B)(1) | 1371 |
|
to (3) of this section. | 1372 |
| If the court finds by a preponderance of the evidence that | 1373 |
|
this instance as indicated by the ignition interlock device in | 1374 |
|
fact did occur, it may deny the offender's appeal and issue the | 1375 |
|
order increasing the relevant periods of time described in this | 1376 |
|
division. If the court finds by a preponderance of the evidence | 1377 |
|
that this instance as indicated by the ignition interlock device | 1378 |
|
in fact did not occur, it shall grant the offender's appeal and no | 1379 |
|
such order shall be issued. | 1380 |
(C)(D) In no case shall any period of suspension of an | 1381 |
|
offender's driver's or commercial driver's license or permit or | 1382 |
|
nonresident operating privilege that is increased by a factor of | 1383 |
|
two or any period of time during which the offender is prohibited | 1384 |
|
from exercising any limited driving privileges granted to the | 1385 |
|
offender unless the vehicles the offender operates are equipped | 1386 |
|
with a certified ignition interlock device that is increased by a | 1387 |
|
factor of two exceed the maximum period of time for which the | 1388 |
|
court originally was authorized to suspend the offender's driver's | 1389 |
|
or commercial driver's license or permit or nonresident operating | 1390 |
privilege under division (G)(1)(a), (b), (c), (d), or (e) of | 1391 |
|
section 4511.19 of the Revised Code or division (C)(1) of section | 1392 |
|
4511.191 of the Revised Code. | 1393 |
| (I) The person is under the influence of alcohol, a drug of | 1481 |
|
abuse, or a combination of them, and, as measured by gas | 1482 |
|
chromatography mass spectrometry, the person has a concentration | 1483 |
|
of marihuana metabolite in the person's urine of at least fifteen | 1484 |
|
nanograms of marihuana metabolite per milliliter of the person's | 1485 |
|
urine or has a concentration of marihuana metabolite in the | 1486 |
|
person's whole blood or blood serum or plasma of at least five | 1487 |
|
nanograms of marihuana metabolite per milliliter of the person's | 1488 |
|
whole blood or blood serum or plasma. | 1489 |
| (xi) The state board of pharmacy has adopted a rule pursuant | 1510 |
|
to section 4729.041 of the Revised Code that specifies the amount | 1511 |
|
of salvia divinorum and the amount of salvinorin A that constitute | 1512 |
|
concentrations of salvia divinorum and salvinorin A in a person's | 1513 |
|
urine, in a person's whole blood, or in a person's blood serum or | 1514 |
|
plasma at or above which the person is impaired for purposes of | 1515 |
|
operating any vehicle, streetcar, or trackless trolley within this | 1516 |
|
state, the rule is in effect, and the person has a concentration | 1517 |
|
of salvia divinorum or salvinorin A of at least that amount so | 1518 |
|
specified by rule in the person's urine, in the person's whole | 1519 |
|
blood, or in the person's blood serum or plasma. | 1520 |
| (b) Subsequent to being arrested for operating the vehicle, | 1529 |
|
streetcar, or trackless trolley as described in division (A)(2)(a) | 1530 |
|
of this section, being asked by a law enforcement officer to | 1531 |
|
submit to a chemical test or tests under section 4511.191 of the | 1532 |
|
Revised Code, and being advised by the officer in accordance with | 1533 |
|
section 4511.192 of the Revised Code of the consequences of the | 1534 |
|
person's refusal or submission to the test or tests, refuse to | 1535 |
|
submit to the test or tests. | 1536 |
| (D)(1)(a) In any criminal prosecution or juvenile court | 1559 |
|
proceeding for a violation of division (A)(1)(a) of this section | 1560 |
|
or for an equivalent offense that is vehicle-related, the result | 1561 |
|
of any test of any blood or urine withdrawn and analyzed at any | 1562 |
|
health care provider, as defined in section 2317.02 of the Revised | 1563 |
|
Code, may be admitted with expert testimony to be considered with | 1564 |
|
any other relevant and competent evidence in determining the guilt | 1565 |
|
or innocence of the defendant. | 1566 |
| (b) In any criminal prosecution or juvenile court proceeding | 1567 |
|
for a violation of division (A) or (B) of this section or for an | 1568 |
|
equivalent offense that is vehicle-related, the court may admit | 1569 |
|
evidence on the concentration of alcohol, drugs of abuse, | 1570 |
|
controlled substances, metabolites of a controlled substance, or a | 1571 |
|
combination of them in the defendant's whole blood, blood serum or | 1572 |
|
plasma, breath, urine, or other bodily substance at the time of | 1573 |
|
the alleged violation as shown by chemical analysis of the | 1574 |
|
substance withdrawn within three hours of the time of the alleged | 1575 |
|
violation. The three-hour time limit specified in this division | 1576 |
|
regarding the admission of evidence does not extend or affect the | 1577 |
|
two-hour time limit specified in division (A) of section 4511.192 | 1578 |
|
of the Revised Code as the maximum period of time during which a | 1579 |
|
person may consent to a chemical test or tests as described in | 1580 |
|
that section. The court may admit evidence on the concentration of | 1581 |
|
alcohol, drugs of abuse, or a combination of them as described in | 1582 |
|
this division when a person submits to a blood, breath, urine, or | 1583 |
|
other bodily substance test at the request of a law enforcement | 1584 |
|
officer under section 4511.191 of the Revised Code or a blood or | 1585 |
|
urine sample is obtained pursuant to a search warrant. Only a | 1586 |
|
physician, a registered nurse, an emergency medical | 1587 |
|
technician-intermediate, an emergency medical | 1588 |
|
technician-paramedic, or a qualified technician, chemist, or | 1589 |
|
phlebotomist shall withdraw a blood sample for the purpose of | 1590 |
|
determining the alcohol, drug, controlled substance, metabolite of | 1591 |
|
a controlled substance, or combination content of the whole blood, | 1592 |
|
blood serum, or blood plasma. This limitation does not apply to | 1593 |
|
the taking of breath or urine specimens. A person authorized to | 1594 |
|
withdraw blood under this division may refuse to withdraw blood | 1595 |
|
under this division, if in that person's opinion, the physical | 1596 |
|
welfare of the person would be endangered by the withdrawing of | 1597 |
|
blood. | 1598 |
| (2) In a criminal prosecution or juvenile court proceeding | 1608 |
|
for a violation of division (A) of this section or for an | 1609 |
|
equivalent offense that is vehicle-related, if there was at the | 1610 |
|
time the bodily substance was withdrawn a concentration of less | 1611 |
|
than the applicable concentration of alcohol specified in | 1612 |
|
divisions (A)(1)(b), (c), (d), and (e) of this section or less | 1613 |
|
than the applicable concentration of a listed controlled substance | 1614 |
|
or a listed metabolite of a controlled substance specified for a | 1615 |
|
violation of division (A)(1)(j) of this section, that fact may be | 1616 |
|
considered with other competent evidence in determining the guilt | 1617 |
|
or innocence of the defendant. This division does not limit or | 1618 |
|
affect a criminal prosecution or juvenile court proceeding for a | 1619 |
|
violation of division (B) of this section or for an equivalent | 1620 |
|
offense that is substantially equivalent to that division. | 1621 |
| If the chemical test was obtained pursuant to division | 1626 |
|
(D)(1)(b) of this section, the person tested may have a physician, | 1627 |
|
a registered nurse, or a qualified technician, chemist, or | 1628 |
|
phlebotomist of the person's own choosing administer a chemical | 1629 |
|
test or tests, at the person's expense, in addition to any | 1630 |
|
administered at the request of a law enforcement officer. If the | 1631 |
|
person was under arrest as described in division (A)(5) of section | 1632 |
|
4511.191 of the Revised Code, the arresting officer shall advise | 1633 |
|
the person at the time of the arrest that the person may have an | 1634 |
|
independent chemical test taken at the person's own expense. If | 1635 |
|
the person was under arrest other than described in division | 1636 |
|
(A)(5) of section 4511.191 of the Revised Code, the form to be | 1637 |
|
read to the person to be tested, as required under section | 1638 |
|
4511.192 of the Revised Code, shall state that the person may have | 1639 |
|
an independent test performed at the person's expense. The failure | 1640 |
|
or inability to obtain an additional chemical test by a person | 1641 |
|
shall not preclude the admission of evidence relating to the | 1642 |
|
chemical test or tests taken at the request of a law enforcement | 1643 |
|
officer. | 1644 |
| (b) In any criminal prosecution or juvenile court proceeding | 1650 |
|
for a violation of division (A) or (B) of this section, of a | 1651 |
|
municipal ordinance relating to operating a vehicle while under | 1652 |
|
the influence of alcohol, a drug of abuse, or alcohol and a drug | 1653 |
|
of abuse, or of a municipal ordinance relating to operating a | 1654 |
|
vehicle with a prohibited concentration of alcohol, a controlled | 1655 |
|
substance, or a metabolite of a controlled substance in the whole | 1656 |
|
blood, blood serum or plasma, breath, or urine, if a law | 1657 |
|
enforcement officer has administered a field sobriety test to the | 1658 |
|
operator of the vehicle involved in the violation and if it is | 1659 |
|
shown by clear and convincing evidence that the officer | 1660 |
|
administered the test in substantial compliance with the testing | 1661 |
|
standards for any reliable, credible, and generally accepted field | 1662 |
|
sobriety tests that were in effect at the time the tests were | 1663 |
|
administered, including, but not limited to, any testing standards | 1664 |
|
then in effect that were set by the national highway traffic | 1665 |
|
safety administration, all of the following apply: | 1666 |
| (E)(1) Subject to division (E)(3) of this section, in any | 1685 |
|
criminal prosecution or juvenile court proceeding for a violation | 1686 |
|
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) | 1687 |
|
or (B)(1), (2), (3), or (4) of this section or for an equivalent | 1688 |
|
offense that is substantially equivalent to any of those | 1689 |
|
divisions, a laboratory report from any laboratory personnel | 1690 |
|
issued a permit by the department of health authorizing an | 1691 |
|
analysis as described in this division that contains an analysis | 1692 |
|
of the whole blood, blood serum or plasma, breath, urine, or other | 1693 |
|
bodily substance tested and that contains all of the information | 1694 |
|
specified in this division shall be admitted as prima-facie | 1695 |
|
evidence of the information and statements that the report | 1696 |
|
contains. The laboratory report shall contain all of the | 1697 |
|
following: | 1698 |
| (2) Notwithstanding any other provision of law regarding the | 1716 |
|
admission of evidence, a report of the type described in division | 1717 |
|
(E)(1) of this section is not admissible against the defendant to | 1718 |
|
whom it pertains in any proceeding, other than a preliminary | 1719 |
|
hearing or a grand jury proceeding, unless the prosecutor has | 1720 |
|
served a copy of the report on the defendant's attorney or, if the | 1721 |
|
defendant has no attorney, on the defendant. | 1722 |
| (3) A report of the type described in division (E)(1) of this | 1723 |
|
section shall not be prima-facie evidence of the contents, | 1724 |
|
identity, or amount of any substance if, within seven days after | 1725 |
|
the defendant to whom the report pertains or the defendant's | 1726 |
|
attorney receives a copy of the report, the defendant or the | 1727 |
|
defendant's attorney demands the testimony of the person who | 1728 |
|
signed the report. The judge in the case may extend the seven-day | 1729 |
|
time limit in the interest of justice. | 1730 |
| (F) Except as otherwise provided in this division, any | 1731 |
|
physician, registered nurse, emergency medical | 1732 |
|
technician-intermediate, emergency medical technician-paramedic, | 1733 |
|
or qualified technician, chemist, or phlebotomist who withdraws | 1734 |
|
blood from a person pursuant to this section or section 4511.191 | 1735 |
|
or 4511.192 of the Revised Code, and any hospital, first-aid | 1736 |
|
station, or clinic at which blood is withdrawn from a person | 1737 |
|
pursuant to this section or section 4511.191 or 4511.192 of the | 1738 |
|
Revised Code, is immune from criminal liability and civil | 1739 |
|
liability based upon a claim of assault and battery or any other | 1740 |
|
claim that is not a claim of malpractice, for any act performed in | 1741 |
|
withdrawing blood from the person. The immunity provided in this | 1742 |
|
division also extends to an emergency medical service organization | 1743 |
|
that employs an emergency medical technician-intermediate or | 1744 |
|
emergency medical technician-paramedic who withdraws blood under | 1745 |
|
this section. The immunity provided in this division is not | 1746 |
|
available to a person who withdraws blood if the person engages in | 1747 |
|
willful or wanton misconduct. | 1748 |
| (G)(1) Whoever violates any provision of divisions (A)(1)(a) | 1753 |
|
to (i) or (A)(2) of this section is guilty of operating a vehicle | 1754 |
|
under the influence of alcohol, a drug of abuse, or a combination | 1755 |
|
of them. Whoever violates division (A)(1)(j) of this section is | 1756 |
|
guilty of operating a vehicle while under the influence of a | 1757 |
|
listed controlled substance or a listed metabolite of a controlled | 1758 |
|
substance. The court shall sentence the offender for either | 1759 |
|
offense under Chapter 2929. of the Revised Code, except as | 1760 |
|
otherwise authorized or required by divisions (G)(1)(a) to (e) of | 1761 |
|
this section: | 1762 |
| (i) If the sentence is being imposed for a violation of | 1767 |
|
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 1768 |
|
mandatory jail term of three consecutive days. As used in this | 1769 |
|
division, three consecutive days means seventy-two consecutive | 1770 |
|
hours. The court may sentence an offender to both an intervention | 1771 |
|
program and a jail term. The court may impose a jail term in | 1772 |
|
addition to the three-day mandatory jail term or intervention | 1773 |
|
program. However, in no case shall the cumulative jail term | 1774 |
|
imposed for the offense exceed six months. | 1775 |
| The court may suspend the execution of the three-day jail | 1776 |
|
term under this division if the court, in lieu of that suspended | 1777 |
|
term, places the offender under a community control sanction | 1778 |
|
pursuant to section 2929.25 of the Revised Code and requires the | 1779 |
|
offender to attend, for three consecutive days, a drivers' | 1780 |
|
intervention program certified under section 5119.38 of the | 1781 |
|
Revised Code. The court also may suspend the execution of any part | 1782 |
|
of the three-day jail term under this division if it places the | 1783 |
|
offender under a community control sanction pursuant to section | 1784 |
|
2929.25 of the Revised Code for part of the three days, requires | 1785 |
|
the offender to attend for the suspended part of the term a | 1786 |
|
drivers' intervention program so certified, and sentences the | 1787 |
|
offender to a jail term equal to the remainder of the three | 1788 |
|
consecutive days that the offender does not spend attending the | 1789 |
|
program. The court may require the offender, as a condition of | 1790 |
|
community control and in addition to the required attendance at a | 1791 |
|
drivers' intervention program, to attend and satisfactorily | 1792 |
|
complete any treatment or education programs that comply with the | 1793 |
|
minimum standards adopted pursuant to Chapter 5119. of the Revised | 1794 |
|
Code by the director of mental health and addiction services that | 1795 |
|
the operators of the drivers' intervention program determine that | 1796 |
|
the offender should attend and to report periodically to the court | 1797 |
|
on the offender's progress in the programs. The court also may | 1798 |
|
impose on the offender any other conditions of community control | 1799 |
|
that it considers necessary. | 1800 |
| (ii) If the sentence is being imposed for a violation of | 1801 |
|
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 1802 |
|
section, except as otherwise provided in this division, a | 1803 |
|
mandatory jail term of at least three consecutive days and a | 1804 |
|
requirement that the offender attend, for three consecutive days, | 1805 |
|
a drivers' intervention program that is certified pursuant to | 1806 |
|
section 5119.38 of the Revised Code. As used in this division, | 1807 |
|
three consecutive days means seventy-two consecutive hours. If the | 1808 |
|
court determines that the offender is not conducive to treatment | 1809 |
|
in a drivers' intervention program, if the offender refuses to | 1810 |
|
attend a drivers' intervention program, or if the jail at which | 1811 |
|
the offender is to serve the jail term imposed can provide a | 1812 |
|
driver's intervention program, the court shall sentence the | 1813 |
|
offender to a mandatory jail term of at least six consecutive | 1814 |
|
days. | 1815 |
| The court may require the offender, under a community control | 1816 |
|
sanction imposed under section 2929.25 of the Revised Code, to | 1817 |
|
attend and satisfactorily complete any treatment or education | 1818 |
|
programs that comply with the minimum standards adopted pursuant | 1819 |
|
to Chapter 5119. of the Revised Code by the director of mental | 1820 |
|
health and addiction services, in addition to the required | 1821 |
|
attendance at drivers' intervention program, that the operators of | 1822 |
|
the drivers' intervention program determine that the offender | 1823 |
|
should attend and to report periodically to the court on the | 1824 |
|
offender's progress in the programs. The court also may impose any | 1825 |
|
other conditions of community control on the offender that it | 1826 |
|
considers necessary. | 1827 |
| (iv) In all cases, a class five license suspension of the | 1830 |
|
offender's driver's or commercial driver's license or permit or | 1831 |
|
nonresident operating privilege from the range specified in | 1832 |
division (A)(5) of section 4510.02 of the Revised Code. The | 1833 |
| However, for a violation of division (A)(1)(j), the court may | 1834 |
|
grant limited driving privileges relative to the suspension under | 1835 |
|
sections 4510.021 and 4510.13 of the Revised Code. For a violation | 1836 |
|
of division (A)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i), | 1837 |
|
the court may grant the authority to drive with a certified | 1838 |
|
ignition interlock device during the suspension under section | 1839 |
|
4510.022 of the Revised Code. | 1840 |
| (i) If the sentence is being imposed for a violation of | 1847 |
|
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 1848 |
|
mandatory jail term of ten consecutive days. The court shall | 1849 |
|
impose the ten-day mandatory jail term under this division unless, | 1850 |
|
subject to division (G)(3) of this section, it instead imposes a | 1851 |
|
sentence under that division consisting of both a jail term and a | 1852 |
|
term of house arrest with electronic monitoring, with continuous | 1853 |
|
alcohol monitoring, or with both electronic monitoring and | 1854 |
|
continuous alcohol monitoring. The court may impose a jail term in | 1855 |
|
addition to the ten-day mandatory jail term. The cumulative jail | 1856 |
|
term imposed for the offense shall not exceed six months. | 1857 |
| In addition to the jail term or the term of house arrest with | 1858 |
|
electronic monitoring or continuous alcohol monitoring or both | 1859 |
|
types of monitoring and jail term, the court shall require the | 1860 |
|
offender to be assessed by a community addiction services provider | 1861 |
|
that is authorized by section 5119.21 of the Revised Code, subject | 1862 |
|
to division (I) of this section, and shall order the offender to | 1863 |
|
follow the treatment recommendations of the services provider. The | 1864 |
|
purpose of the assessment is to determine the degree of the | 1865 |
|
offender's alcohol usage and to determine whether or not treatment | 1866 |
|
is warranted. Upon the request of the court, the services provider | 1867 |
|
shall submit the results of the assessment to the court, including | 1868 |
|
all treatment recommendations and clinical diagnoses related to | 1869 |
|
alcohol use. | 1870 |
| (ii) If the sentence is being imposed for a violation of | 1871 |
|
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 1872 |
|
section, except as otherwise provided in this division, a | 1873 |
|
mandatory jail term of twenty consecutive days. The court shall | 1874 |
|
impose the twenty-day mandatory jail term under this division | 1875 |
|
unless, subject to division (G)(3) of this section, it instead | 1876 |
|
imposes a sentence under that division consisting of both a jail | 1877 |
|
term and a term of house arrest with electronic monitoring, with | 1878 |
|
continuous alcohol monitoring, or with both electronic monitoring | 1879 |
|
and continuous alcohol monitoring. The court may impose a jail | 1880 |
|
term in addition to the twenty-day mandatory jail term. The | 1881 |
|
cumulative jail term imposed for the offense shall not exceed six | 1882 |
|
months. | 1883 |
| In addition to the jail term or the term of house arrest with | 1884 |
|
electronic monitoring or continuous alcohol monitoring or both | 1885 |
|
types of monitoring and jail term, the court shall require the | 1886 |
|
offender to be assessed by a community addiction service provider | 1887 |
|
that is authorized by section 5119.21 of the Revised Code, subject | 1888 |
|
to division (I) of this section, and shall order the offender to | 1889 |
|
follow the treatment recommendations of the services provider. The | 1890 |
|
purpose of the assessment is to determine the degree of the | 1891 |
|
offender's alcohol usage and to determine whether or not treatment | 1892 |
|
is warranted. Upon the request of the court, the services provider | 1893 |
|
shall submit the results of the assessment to the court, including | 1894 |
|
all treatment recommendations and clinical diagnoses related to | 1895 |
|
alcohol use. | 1896 |
| (iv) In all cases, a class four license suspension of the | 1901 |
|
offender's driver's license, commercial driver's license, | 1902 |
|
temporary instruction permit, probationary license, or nonresident | 1903 |
|
operating privilege from the range specified in division (A)(4) of | 1904 |
|
section 4510.02 of the Revised Code. The court may grant limited | 1905 |
|
driving privileges relative to the suspension under sections | 1906 |
|
4510.021 and 4510.13 of the Revised Code. | 1907 |
| (i) If the sentence is being imposed for a violation of | 1919 |
|
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 1920 |
|
mandatory jail term of thirty consecutive days. The court shall | 1921 |
|
impose the thirty-day mandatory jail term under this division | 1922 |
|
unless, subject to division (G)(3) of this section, it instead | 1923 |
|
imposes a sentence under that division consisting of both a jail | 1924 |
|
term and a term of house arrest with electronic monitoring, with | 1925 |
|
continuous alcohol monitoring, or with both electronic monitoring | 1926 |
|
and continuous alcohol monitoring. The court may impose a jail | 1927 |
|
term in addition to the thirty-day mandatory jail term. | 1928 |
|
Notwithstanding the jail terms set forth in sections 2929.21 to | 1929 |
|
2929.28 of the Revised Code, the additional jail term shall not | 1930 |
|
exceed one year, and the cumulative jail term imposed for the | 1931 |
|
offense shall not exceed one year. | 1932 |
| (ii) If the sentence is being imposed for a violation of | 1933 |
|
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 1934 |
|
section, a mandatory jail term of sixty consecutive days. The | 1935 |
|
court shall impose the sixty-day mandatory jail term under this | 1936 |
|
division unless, subject to division (G)(3) of this section, it | 1937 |
|
instead imposes a sentence under that division consisting of both | 1938 |
|
a jail term and a term of house arrest with electronic monitoring, | 1939 |
|
with continuous alcohol monitoring, or with both electronic | 1940 |
|
monitoring and continuous alcohol monitoring. The court may impose | 1941 |
|
a jail term in addition to the sixty-day mandatory jail term. | 1942 |
|
Notwithstanding the jail terms set forth in sections 2929.21 to | 1943 |
|
2929.28 of the Revised Code, the additional jail term shall not | 1944 |
|
exceed one year, and the cumulative jail term imposed for the | 1945 |
|
offense shall not exceed one year. | 1946 |
| (iv) In all cases, a class three license suspension of the | 1951 |
|
offender's driver's license, commercial driver's license, | 1952 |
|
temporary instruction permit, probationary license, or nonresident | 1953 |
|
operating privilege from the range specified in division (A)(3) of | 1954 |
|
section 4510.02 of the Revised Code. The court may grant limited | 1955 |
|
driving privileges relative to the suspension under sections | 1956 |
|
4510.021 and 4510.13 of the Revised Code. | 1957 |
| (vi) In all cases, the court shall order the offender to | 1964 |
|
participate with a community addiction services provider | 1965 |
|
authorized by section 5119.21 of the Revised Code, subject to | 1966 |
|
division (I) of this section, and shall order the offender to | 1967 |
|
follow the treatment recommendations of the services provider. The | 1968 |
|
operator of the services provider shall determine and assess the | 1969 |
|
degree of the offender's alcohol dependency and shall make | 1970 |
|
recommendations for treatment. Upon the request of the court, the | 1971 |
|
services provider shall submit the results of the assessment to | 1972 |
|
the court, including all treatment recommendations and clinical | 1973 |
|
diagnoses related to alcohol use. | 1974 |
| (d) Except as otherwise provided in division (G)(1)(e) of | 1975 |
|
this section, an offender who, within six years of the offense, | 1976 |
|
previously has been convicted of or pleaded guilty to three or | 1977 |
|
four violations of division (A) or (B) of this section or other | 1978 |
|
equivalent offenses or an offender who, within twenty years of the | 1979 |
|
offense, previously has been convicted of or pleaded guilty to | 1980 |
|
five or more violations of that nature is guilty of a felony of | 1981 |
|
the fourth degree. The court shall sentence the offender to all of | 1982 |
|
the following: | 1983 |
| (i) If the sentence is being imposed for a violation of | 1984 |
|
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 1985 |
|
mandatory prison term of one, two, three, four, or five years as | 1986 |
|
required by and in accordance with division (G)(2) of section | 1987 |
|
2929.13 of the Revised Code if the offender also is convicted of | 1988 |
|
or also pleads guilty to a specification of the type described in | 1989 |
|
section 2941.1413 of the Revised Code or, in the discretion of the | 1990 |
|
court, either a mandatory term of local incarceration of sixty | 1991 |
|
consecutive days in accordance with division (G)(1) of section | 1992 |
|
2929.13 of the Revised Code or a mandatory prison term of sixty | 1993 |
|
consecutive days in accordance with division (G)(2) of that | 1994 |
|
section if the offender is not convicted of and does not plead | 1995 |
|
guilty to a specification of that type. If the court imposes a | 1996 |
|
mandatory term of local incarceration, it may impose a jail term | 1997 |
|
in addition to the sixty-day mandatory term, the cumulative total | 1998 |
|
of the mandatory term and the jail term for the offense shall not | 1999 |
|
exceed one year, and, except as provided in division (A)(1) of | 2000 |
|
section 2929.13 of the Revised Code, no prison term is authorized | 2001 |
|
for the offense. If the court imposes a mandatory prison term, | 2002 |
|
notwithstanding division (A)(4) of section 2929.14 of the Revised | 2003 |
|
Code, it also may sentence the offender to a definite prison term | 2004 |
|
that shall be not less than six months and not more than thirty | 2005 |
|
months and the prison terms shall be imposed as described in | 2006 |
|
division (G)(2) of section 2929.13 of the Revised Code. If the | 2007 |
|
court imposes a mandatory prison term or mandatory prison term and | 2008 |
|
additional prison term, in addition to the term or terms so | 2009 |
|
imposed, the court also may sentence the offender to a community | 2010 |
|
control sanction for the offense, but the offender shall serve all | 2011 |
|
of the prison terms so imposed prior to serving the community | 2012 |
|
control sanction. | 2013 |
| (ii) If the sentence is being imposed for a violation of | 2014 |
|
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 2015 |
|
section, a mandatory prison term of one, two, three, four, or five | 2016 |
|
years as required by and in accordance with division (G)(2) of | 2017 |
|
section 2929.13 of the Revised Code if the offender also is | 2018 |
|
convicted of or also pleads guilty to a specification of the type | 2019 |
|
described in section 2941.1413 of the Revised Code or, in the | 2020 |
|
discretion of the court, either a mandatory term of local | 2021 |
|
incarceration of one hundred twenty consecutive days in accordance | 2022 |
|
with division (G)(1) of section 2929.13 of the Revised Code or a | 2023 |
|
mandatory prison term of one hundred twenty consecutive days in | 2024 |
|
accordance with division (G)(2) of that section if the offender is | 2025 |
|
not convicted of and does not plead guilty to a specification of | 2026 |
|
that type. If the court imposes a mandatory term of local | 2027 |
|
incarceration, it may impose a jail term in addition to the one | 2028 |
|
hundred twenty-day mandatory term, the cumulative total of the | 2029 |
|
mandatory term and the jail term for the offense shall not exceed | 2030 |
|
one year, and, except as provided in division (A)(1) of section | 2031 |
|
2929.13 of the Revised Code, no prison term is authorized for the | 2032 |
|
offense. If the court imposes a mandatory prison term, | 2033 |
|
notwithstanding division (A)(4) of section 2929.14 of the Revised | 2034 |
|
Code, it also may sentence the offender to a definite prison term | 2035 |
|
that shall be not less than six months and not more than thirty | 2036 |
|
months and the prison terms shall be imposed as described in | 2037 |
|
division (G)(2) of section 2929.13 of the Revised Code. If the | 2038 |
|
court imposes a mandatory prison term or mandatory prison term and | 2039 |
|
additional prison term, in addition to the term or terms so | 2040 |
|
imposed, the court also may sentence the offender to a community | 2041 |
|
control sanction for the offense, but the offender shall serve all | 2042 |
|
of the prison terms so imposed prior to serving the community | 2043 |
|
control sanction. | 2044 |
| (iv) In all cases, a class two license suspension of the | 2048 |
|
offender's driver's license, commercial driver's license, | 2049 |
|
temporary instruction permit, probationary license, or nonresident | 2050 |
|
operating privilege from the range specified in division (A)(2) of | 2051 |
|
section 4510.02 of the Revised Code. The court may grant limited | 2052 |
|
driving privileges relative to the suspension under sections | 2053 |
|
4510.021 and 4510.13 of the Revised Code. | 2054 |
| (vi) In all cases, the court shall order the offender to | 2061 |
|
participate with a community addiction services provider | 2062 |
|
authorized by section 5119.21 of the Revised Code, subject to | 2063 |
|
division (I) of this section, and shall order the offender to | 2064 |
|
follow the treatment recommendations of the services provider. The | 2065 |
|
operator of the services provider shall determine and assess the | 2066 |
|
degree of the offender's alcohol dependency and shall make | 2067 |
|
recommendations for treatment. Upon the request of the court, the | 2068 |
|
services provider shall submit the results of the assessment to | 2069 |
|
the court, including all treatment recommendations and clinical | 2070 |
|
diagnoses related to alcohol use. | 2071 |
| (i) If the offender is being sentenced for a violation of | 2084 |
|
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 2085 |
|
mandatory prison term of one, two, three, four, or five years as | 2086 |
|
required by and in accordance with division (G)(2) of section | 2087 |
|
2929.13 of the Revised Code if the offender also is convicted of | 2088 |
|
or also pleads guilty to a specification of the type described in | 2089 |
|
section 2941.1413 of the Revised Code or a mandatory prison term | 2090 |
|
of sixty consecutive days in accordance with division (G)(2) of | 2091 |
|
section 2929.13 of the Revised Code if the offender is not | 2092 |
|
convicted of and does not plead guilty to a specification of that | 2093 |
|
type. The court may impose a prison term in addition to the | 2094 |
|
mandatory prison term. The cumulative total of a sixty-day | 2095 |
|
mandatory prison term and the additional prison term for the | 2096 |
|
offense shall not exceed five years. In addition to the mandatory | 2097 |
|
prison term or mandatory prison term and additional prison term | 2098 |
|
the court imposes, the court also may sentence the offender to a | 2099 |
|
community control sanction for the offense, but the offender shall | 2100 |
|
serve all of the prison terms so imposed prior to serving the | 2101 |
|
community control sanction. | 2102 |
| (ii) If the sentence is being imposed for a violation of | 2103 |
|
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 2104 |
|
section, a mandatory prison term of one, two, three, four, or five | 2105 |
|
years as required by and in accordance with division (G)(2) of | 2106 |
|
section 2929.13 of the Revised Code if the offender also is | 2107 |
|
convicted of or also pleads guilty to a specification of the type | 2108 |
|
described in section 2941.1413 of the Revised Code or a mandatory | 2109 |
|
prison term of one hundred twenty consecutive days in accordance | 2110 |
|
with division (G)(2) of section 2929.13 of the Revised Code if the | 2111 |
|
offender is not convicted of and does not plead guilty to a | 2112 |
|
specification of that type. The court may impose a prison term in | 2113 |
|
addition to the mandatory prison term. The cumulative total of a | 2114 |
|
one hundred twenty-day mandatory prison term and the additional | 2115 |
|
prison term for the offense shall not exceed five years. In | 2116 |
|
addition to the mandatory prison term or mandatory prison term and | 2117 |
|
additional prison term the court imposes, the court also may | 2118 |
|
sentence the offender to a community control sanction for the | 2119 |
|
offense, but the offender shall serve all of the prison terms so | 2120 |
|
imposed prior to serving the community control sanction. | 2121 |
| (iv) In all cases, a class two license suspension of the | 2125 |
|
offender's driver's license, commercial driver's license, | 2126 |
|
temporary instruction permit, probationary license, or nonresident | 2127 |
|
operating privilege from the range specified in division (A)(2) of | 2128 |
|
section 4510.02 of the Revised Code. The court may grant limited | 2129 |
|
driving privileges relative to the suspension under sections | 2130 |
|
4510.021 and 4510.13 of the Revised Code. | 2131 |
| (vi) In all cases, the court shall order the offender to | 2138 |
|
participate with a community addiction services provider | 2139 |
|
authorized by section 5119.21 of the Revised Code, subject to | 2140 |
|
division (I) of this section, and shall order the offender to | 2141 |
|
follow the treatment recommendations of the services provider. The | 2142 |
|
operator of the services provider shall determine and assess the | 2143 |
|
degree of the offender's alcohol dependency and shall make | 2144 |
|
recommendations for treatment. Upon the request of the court, the | 2145 |
|
services provider shall submit the results of the assessment to | 2146 |
|
the court, including all treatment recommendations and clinical | 2147 |
|
diagnoses related to alcohol use. | 2148 |
| (3) If an offender is sentenced to a jail term under division | 2156 |
|
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and | 2157 |
|
if, within sixty days of sentencing of the offender, the court | 2158 |
|
issues a written finding on the record that, due to the | 2159 |
|
unavailability of space at the jail where the offender is required | 2160 |
|
to serve the term, the offender will not be able to begin serving | 2161 |
|
that term within the sixty-day period following the date of | 2162 |
|
sentencing, the court may impose an alternative sentence under | 2163 |
|
this division that includes a term of house arrest with electronic | 2164 |
|
monitoring, with continuous alcohol monitoring, or with both | 2165 |
|
electronic monitoring and continuous alcohol monitoring. | 2166 |
| As an alternative to a mandatory jail term of ten consecutive | 2167 |
|
days required by division (G)(1)(b)(i) of this section, the court, | 2168 |
|
under this division, may sentence the offender to five consecutive | 2169 |
|
days in jail and not less than eighteen consecutive days of house | 2170 |
|
arrest with electronic monitoring, with continuous alcohol | 2171 |
|
monitoring, or with both electronic monitoring and continuous | 2172 |
|
alcohol monitoring. The cumulative total of the five consecutive | 2173 |
|
days in jail and the period of house arrest with electronic | 2174 |
|
monitoring, continuous alcohol monitoring, or both types of | 2175 |
|
monitoring shall not exceed six months. The five consecutive days | 2176 |
|
in jail do not have to be served prior to or consecutively to the | 2177 |
|
period of house arrest. | 2178 |
| As an alternative to the mandatory jail term of twenty | 2179 |
|
consecutive days required by division (G)(1)(b)(ii) of this | 2180 |
|
section, the court, under this division, may sentence the offender | 2181 |
|
to ten consecutive days in jail and not less than thirty-six | 2182 |
|
consecutive days of house arrest with electronic monitoring, with | 2183 |
|
continuous alcohol monitoring, or with both electronic monitoring | 2184 |
|
and continuous alcohol monitoring. The cumulative total of the ten | 2185 |
|
consecutive days in jail and the period of house arrest with | 2186 |
|
electronic monitoring, continuous alcohol monitoring, or both | 2187 |
|
types of monitoring shall not exceed six months. The ten | 2188 |
|
consecutive days in jail do not have to be served prior to or | 2189 |
|
consecutively to the period of house arrest. | 2190 |
| As an alternative to a mandatory jail term of thirty | 2191 |
|
consecutive days required by division (G)(1)(c)(i) of this | 2192 |
|
section, the court, under this division, may sentence the offender | 2193 |
|
to fifteen consecutive days in jail and not less than fifty-five | 2194 |
|
consecutive days of house arrest with electronic monitoring, with | 2195 |
|
continuous alcohol monitoring, or with both electronic monitoring | 2196 |
|
and continuous alcohol monitoring. The cumulative total of the | 2197 |
|
fifteen consecutive days in jail and the period of house arrest | 2198 |
|
with electronic monitoring, continuous alcohol monitoring, or both | 2199 |
|
types of monitoring shall not exceed one year. The fifteen | 2200 |
|
consecutive days in jail do not have to be served prior to or | 2201 |
|
consecutively to the period of house arrest. | 2202 |
| As an alternative to the mandatory jail term of sixty | 2203 |
|
consecutive days required by division (G)(1)(c)(ii) of this | 2204 |
|
section, the court, under this division, may sentence the offender | 2205 |
|
to thirty consecutive days in jail and not less than one hundred | 2206 |
|
ten consecutive days of house arrest with electronic monitoring, | 2207 |
|
with continuous alcohol monitoring, or with both electronic | 2208 |
|
monitoring and continuous alcohol monitoring. The cumulative total | 2209 |
|
of the thirty consecutive days in jail and the period of house | 2210 |
|
arrest with electronic monitoring, continuous alcohol monitoring, | 2211 |
|
or both types of monitoring shall not exceed one year. The thirty | 2212 |
|
consecutive days in jail do not have to be served prior to or | 2213 |
|
consecutively to the period of house arrest. | 2214 |
| (4) If an offender's driver's or occupational driver's | 2215 |
|
license or permit or nonresident operating privilege is suspended | 2216 |
|
under division (G) of this section and if section 4510.13 of the | 2217 |
|
Revised Code permits the court to grant limited driving | 2218 |
|
privileges, the court may grant the limited driving privileges in | 2219 |
|
accordance with that section. If division (A)(7) of that section | 2220 |
|
requires that the court impose as a condition of the privileges | 2221 |
|
that the offender must display on the vehicle that is driven | 2222 |
|
subject to the privileges restricted license plates that are | 2223 |
|
issued under section 4503.231 of the Revised Code, except as | 2224 |
|
provided in division (B) of that section, the court shall impose | 2225 |
|
that condition as one of the conditions of the limited driving | 2226 |
|
privileges granted to the offender, except as provided in division | 2227 |
|
(B) of section 4503.231 of the Revised Code. | 2228 |
| (a) Twenty-five dollars of the fine imposed under division | 2231 |
|
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under | 2232 |
|
division (G)(1)(b)(iii), one hundred twenty-three dollars of the | 2233 |
|
fine imposed under division (G)(1)(c)(iii), and two hundred ten | 2234 |
|
dollars of the fine imposed under division (G)(1)(d)(iii) or | 2235 |
|
(e)(iii) of this section shall be paid to an enforcement and | 2236 |
|
education fund established by the legislative authority of the law | 2237 |
|
enforcement agency in this state that primarily was responsible | 2238 |
|
for the arrest of the offender, as determined by the court that | 2239 |
|
imposes the fine. The agency shall use this share to pay only | 2240 |
|
those costs it incurs in enforcing this section or a municipal OVI | 2241 |
|
ordinance and in informing the public of the laws governing the | 2242 |
|
operation of a vehicle while under the influence of alcohol, the | 2243 |
|
dangers of the operation of a vehicle under the influence of | 2244 |
|
alcohol, and other information relating to the operation of a | 2245 |
|
vehicle under the influence of alcohol and the consumption of | 2246 |
|
alcoholic beverages. | 2247 |
| (b) Fifty dollars of the fine imposed under division | 2248 |
|
(G)(1)(a)(iii) of this section shall be paid to the political | 2249 |
|
subdivision that pays the cost of housing the offender during the | 2250 |
|
offender's term of incarceration. If the offender is being | 2251 |
|
sentenced for a violation of division (A)(1)(a), (b), (c), (d), | 2252 |
|
(e), or (j) of this section and was confined as a result of the | 2253 |
|
offense prior to being sentenced for the offense but is not | 2254 |
|
sentenced to a term of incarceration, the fifty dollars shall be | 2255 |
|
paid to the political subdivision that paid the cost of housing | 2256 |
|
the offender during that period of confinement. The political | 2257 |
|
subdivision shall use the share under this division to pay or | 2258 |
|
reimburse incarceration or treatment costs it incurs in housing or | 2259 |
|
providing drug and alcohol treatment to persons who violate this | 2260 |
|
section or a municipal OVI ordinance, costs of any immobilizing or | 2261 |
|
disabling device used on the offender's vehicle, and costs of | 2262 |
|
electronic house arrest equipment needed for persons who violate | 2263 |
|
this section. | 2264 |
| (d) One hundred fifteen dollars of the fine imposed under | 2272 |
|
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the | 2273 |
|
fine imposed under division (G)(1)(c)(iii), and four hundred forty | 2274 |
|
dollars of the fine imposed under division (G)(1)(d)(iii) or | 2275 |
|
(e)(iii) of this section shall be paid to the political | 2276 |
|
subdivision that pays the cost of housing the offender during the | 2277 |
|
offender's term of incarceration. The political subdivision shall | 2278 |
|
use this share to pay or reimburse incarceration or treatment | 2279 |
|
costs it incurs in housing or providing drug and alcohol treatment | 2280 |
|
to persons who violate this section or a municipal OVI ordinance, | 2281 |
|
costs for any immobilizing or disabling device used on the | 2282 |
|
offender's vehicle, and costs of electronic house arrest equipment | 2283 |
|
needed for persons who violate this section. | 2284 |
| (e) Fifty dollars of the fine imposed under divisions | 2285 |
|
(G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii), | 2286 |
|
and (G)(1)(e)(iii) of this section shall be deposited into the | 2287 |
|
special projects fund of the court in which the offender was | 2288 |
|
convicted and that is established under division (E)(1) of section | 2289 |
|
2303.201, division (B)(1) of section 1901.26, or division (B)(1) | 2290 |
|
of section 1907.24 of the Revised Code, to be used exclusively to | 2291 |
|
cover the cost of immobilizing or disabling devices, including | 2292 |
|
certified ignition interlock devices, and remote alcohol | 2293 |
|
monitoring devices for indigent offenders who are required by a | 2294 |
|
judge to use either of these devices. If the court in which the | 2295 |
|
offender was convicted does not have a special projects fund that | 2296 |
|
is established under division (E)(1) of section 2303.201, division | 2297 |
|
(B)(1) of section 1901.26, or division (B)(1) of section 1907.24 | 2298 |
|
of the Revised Code, the fifty dollars shall be deposited into the | 2299 |
|
indigent drivers interlock and alcohol monitoring fund under | 2300 |
|
division (I) of section 4511.191 of the Revised Code. | 2301 |
| (f) Seventy-five dollars of the fine imposed under division | 2302 |
|
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine | 2303 |
|
imposed under division (G)(1)(b)(iii), two hundred fifty dollars | 2304 |
|
of the fine imposed under division (G)(1)(c)(iii), and five | 2305 |
|
hundred dollars of the fine imposed under division (G)(1)(d)(iii) | 2306 |
|
or (e)(iii) of this section shall be transmitted to the treasurer | 2307 |
|
of state for deposit into the indigent defense support fund | 2308 |
|
established under section 120.08 of the Revised Code. | 2309 |
| (6) If title to a motor vehicle that is subject to an order | 2313 |
|
of criminal forfeiture under division (G)(1)(c), (d), or (e) of | 2314 |
|
this section is assigned or transferred and division (B)(2) or (3) | 2315 |
|
of section 4503.234 of the Revised Code applies, in addition to or | 2316 |
|
independent of any other penalty established by law, the court may | 2317 |
|
fine the offender the value of the vehicle as determined by | 2318 |
|
publications of the national automobile dealers association. The | 2319 |
|
proceeds of any fine so imposed shall be distributed in accordance | 2320 |
|
with division (C)(2) of that section. | 2321 |
| (7) In all cases in which an offender is sentenced under | 2322 |
|
division (G) of this section, the offender shall provide the court | 2323 |
|
with proof of financial responsibility as defined in section | 2324 |
|
4509.01 of the Revised Code. If the offender fails to provide that | 2325 |
|
proof of financial responsibility, the court, in addition to any | 2326 |
|
other penalties provided by law, may order restitution pursuant to | 2327 |
|
section 2929.18 or 2929.28 of the Revised Code in an amount not | 2328 |
|
exceeding five thousand dollars for any economic loss arising from | 2329 |
|
an accident or collision that was the direct and proximate result | 2330 |
|
of the offender's operation of the vehicle before, during, or | 2331 |
|
after committing the offense for which the offender is sentenced | 2332 |
|
under division (G) of this section. | 2333 |
| (1) Except as otherwise provided in division (H)(2) of this | 2341 |
|
section, the offender is guilty of a misdemeanor of the fourth | 2342 |
|
degree. In addition to any other sanction imposed for the offense, | 2343 |
|
the court shall impose a class six suspension of the offender's | 2344 |
|
driver's license, commercial driver's license, temporary | 2345 |
|
instruction permit, probationary license, or nonresident operating | 2346 |
|
privilege from the range specified in division (A)(6) of section | 2347 |
|
4510.02 of the Revised Code. | 2348 |
| (2) If, within one year of the offense, the offender | 2349 |
|
previously has been convicted of or pleaded guilty to one or more | 2350 |
|
violations of division (A) or (B) of this section or other | 2351 |
|
equivalent offenses, the offender is guilty of a misdemeanor of | 2352 |
|
the third degree. In addition to any other sanction imposed for | 2353 |
|
the offense, the court shall impose a class four suspension of the | 2354 |
|
offender's driver's license, commercial driver's license, | 2355 |
|
temporary instruction permit, probationary license, or nonresident | 2356 |
|
operating privilege from the range specified in division (A)(4) of | 2357 |
|
section 4510.02 of the Revised Code. | 2358 |
| (4) The offender shall provide the court with proof of | 2365 |
|
financial responsibility as defined in section 4509.01 of the | 2366 |
|
Revised Code. If the offender fails to provide that proof of | 2367 |
|
financial responsibility, then, in addition to any other penalties | 2368 |
|
provided by law, the court may order restitution pursuant to | 2369 |
|
section 2929.28 of the Revised Code in an amount not exceeding | 2370 |
|
five thousand dollars for any economic loss arising from an | 2371 |
|
accident or collision that was the direct and proximate result of | 2372 |
|
the offender's operation of the vehicle before, during, or after | 2373 |
|
committing the violation of division (B) of this section. | 2374 |
| Sec. 4511.197. (A) If a person is arrested for operating a | 2426 |
|
vehicle, streetcar, or trackless trolley in violation of division | 2427 |
|
(A) or (B) of section 4511.19 of the Revised Code or a municipal | 2428 |
|
OVI ordinance or for being in physical control of a vehicle, | 2429 |
|
streetcar, or trackless trolley in violation of section 4511.194 | 2430 |
|
of the Revised Code or a substantially equivalent municipal | 2431 |
|
ordinance and if the person's driver's or commercial driver's | 2432 |
|
license or permit or nonresident operating privilege is suspended | 2433 |
|
under sections 4511.191 and 4511.192 of the Revised Code, the | 2434 |
|
person may appeal the suspension at the person's initial | 2435 |
|
appearance on the charge resulting from the arrest or within the | 2436 |
|
period ending thirty days after the person's initial appearance on | 2437 |
|
that charge, in the court in which the person will appear on that | 2438 |
|
charge. If the person appeals the suspension, the appeal itself | 2439 |
|
does not stay the operation of the suspension. If the person | 2440 |
|
appeals the suspension, either the person or the registrar of | 2441 |
|
motor vehicles may request a continuance of the appeal, and the | 2442 |
|
court may grant the continuance. The court also may continue the | 2443 |
|
appeal on its own motion. Neither the request for, nor the | 2444 |
|
granting of, a continuance stays the suspension that is the | 2445 |
|
subject of the appeal, unless the court specifically grants a | 2446 |
|
stay. | 2447 |
| (1) Whether the arresting law enforcement officer had | 2455 |
|
reasonable ground to believe the arrested person was operating a | 2456 |
|
vehicle, streetcar, or trackless trolley in violation of division | 2457 |
|
(A) or (B) of section 4511.19 of the Revised Code or a municipal | 2458 |
|
OVI ordinance or was in physical control of a vehicle, streetcar, | 2459 |
|
or trackless trolley in violation of section 4511.194 of the | 2460 |
|
Revised Code or a substantially equivalent municipal ordinance and | 2461 |
|
whether the arrested person was in fact placed under arrest; | 2462 |
| (3) If the person was under arrest as described in division | 2466 |
|
(A)(5) of section 4511.191 of the Revised Code, whether the | 2467 |
|
arresting officer advised the person at the time of the arrest | 2468 |
|
that if the person refused to take a chemical test, the officer | 2469 |
|
could employ whatever reasonable means were necessary to ensure | 2470 |
|
that the person submitted to a chemical test of the person's whole | 2471 |
|
blood or blood serum or plasma; or if the person was under arrest | 2472 |
|
other than as described in division (A)(5) of section 4511.191 of | 2473 |
|
the Revised Code, whether the arresting officer informed the | 2474 |
|
arrested person of the consequences of refusing to be tested or of | 2475 |
|
submitting to the test or tests; | 2476 |
| (b) If the suspension was imposed under division (C) of | 2482 |
|
section 4511.191 and section 4511.192 of the Revised Code, whether | 2483 |
|
the arrest was for a violation of division (A) or (B) of section | 2484 |
|
4511.19 of the Revised Code or a municipal OVI ordinance and, if | 2485 |
|
it was, whether the chemical test results indicate that at the | 2486 |
|
time of the alleged offense the arrested person's whole blood, | 2487 |
|
blood serum or plasma, breath, or urine contained at least the | 2488 |
|
concentration of alcohol specified in division (A)(1)(b), (c), | 2489 |
|
(d), or (e) of section 4511.19 of the Revised Code or at least the | 2490 |
|
concentration of a listed controlled substance or a listed | 2491 |
|
metabolite of a controlled substance specified in division | 2492 |
|
(A)(1)(j) of section 4511.19 of the Revised Code. | 2493 |
| (D) A person who appeals a suspension under division (A) of | 2494 |
|
this section has the burden of proving, by a preponderance of the | 2495 |
|
evidence, that one or more of the conditions specified in division | 2496 |
|
(C) of this section has not been met. If, during the appeal, the | 2497 |
|
judge or magistrate of the court or the mayor of the mayor's court | 2498 |
|
determines that all of those conditions have been met, the judge, | 2499 |
|
magistrate, or mayor shall uphold the suspension, continue the | 2500 |
|
suspension, and notify the registrar of motor vehicles of the | 2501 |
|
decision on a form approved by the registrar. | 2502 |
| Except as otherwise provided in this section, if a suspension | 2503 |
|
imposed under section 4511.191 of the Revised Code is upheld on | 2504 |
|
appeal or if the subject person does not appeal the suspension | 2505 |
|
under division (A) of this section, the suspension shall continue | 2506 |
|
until the complaint alleging the violation for which the person | 2507 |
|
was arrested and in relation to which the suspension was imposed | 2508 |
|
is adjudicated on the merits or terminated pursuant to law. If the | 2509 |
|
suspension was imposed under division (B)(1) of section 4511.191 | 2510 |
|
of the Revised Code and it is continued under this section, any | 2511 |
|
subsequent finding that the person is not guilty of the charge | 2512 |
|
that resulted in the person being requested to take the chemical | 2513 |
|
test or tests under division (A) of section 4511.191 of the | 2514 |
|
Revised Code does not terminate or otherwise affect the | 2515 |
|
suspension. If the suspension was imposed under division (C) of | 2516 |
|
section 4511.191 of the Revised Code in relation to an alleged | 2517 |
|
misdemeanor violation of division (A) or (B) of section 4511.19 of | 2518 |
|
the Revised Code or of a municipal OVI ordinance and it is | 2519 |
|
continued under this section, the suspension shall terminate if, | 2520 |
|
for any reason, the person subsequently is found not guilty of the | 2521 |
|
charge that resulted in the person taking the chemical test or | 2522 |
|
tests. | 2523 |
| If, during the appeal, the judge or magistrate of the trial | 2524 |
|
court or the mayor of the mayor's court determines that one or | 2525 |
|
more of the conditions specified in division (C) of this section | 2526 |
|
have not been met, the judge, magistrate, or mayor shall terminate | 2527 |
|
the suspension, subject to the imposition of a new suspension | 2528 |
|
under division (B) of section 4511.196 of the Revised Code; shall | 2529 |
|
notify the registrar of motor vehicles of the decision on a form | 2530 |
|
approved by the registrar; and, except as provided in division (B) | 2531 |
|
of section 4511.196 of the Revised Code, shall order the registrar | 2532 |
|
to return the driver's or commercial driver's license or permit to | 2533 |
|
the person or to take any other measures that may be necessary, if | 2534 |
|
the license or permit was destroyed under section 4510.53 of the | 2535 |
|
Revised Code, to permit the person to obtain a replacement | 2536 |
|
driver's or commercial driver's license or permit from the | 2537 |
|
registrar or a deputy registrar in accordance with that section. | 2538 |
|
The court also shall issue to the person a court order, valid for | 2539 |
|
not more than ten days from the date of issuance, granting the | 2540 |
|
person operating privileges for that period. | 2541 |
(E) Any(1) Except as provided in division (E)(2) of this | 2542 |
|
section, any person whose driver's or commercial driver's license | 2543 |
|
or permit or nonresident operating privilege has been suspended | 2544 |
|
pursuant to section 4511.191 of the Revised Code may file a | 2545 |
petition requesting limited driving privileges in the common pleas | 2546 |
court, municipal court, county court, mayor's court, or juvenile | 2547 |
court with jurisdiction over the related criminal or delinquency | 2548 |
case. The petition may be filed at any time subsequent to the date | 2549 |
on which the arresting law enforcement officer serves the notice | 2550 |
of suspension upon the arrested person but no later than thirty | 2551 |
days after the arrested person's initial appearance or arraignment | 2552 |
as provided in section 4510.13 of the Revised Code. Upon the | 2553 |
making of the request,A court may grant limited driving | 2554 |
privileges may be granted under sections 4510.021 and 4510.13 of | 2555 |
the Revised Code, regardless of whether the person appeals the | 2556 |
|
suspension under this section or appeals the decision of the court | 2557 |
|
on the appeal, and, if the person has so appealed the suspension | 2558 |
|
or decision, regardless of whether the matter has been heard or | 2559 |
|
decided by the court. The person shall pay the costs of the | 2560 |
|
proceeding, notify the registrar of the filing of the petition, | 2561 |
|
and send the registrar a copy of the petition. | 2562 |
| (2) Any first-time offender specified in division (A)(2) of | 2566 |
|
section 4510.022 of the Revised Code may file a petition | 2567 |
|
requesting the authority to drive with a certified ignition | 2568 |
|
interlock device as provided in section 4510.022 of the Revised | 2569 |
|
Code. A court may grant the authority to drive with a certified | 2570 |
|
ignition interlock device to the person regardless of whether the | 2571 |
|
person appeals the suspension under this section or appeals the | 2572 |
|
decision of the court on appeal, and, if the person has so | 2573 |
|
appealed the suspension or decision, regardless of whether the | 2574 |
|
matter has been heard or decided by the court. The person shall | 2575 |
|
pay the costs of the proceeding, notify the registrar of the | 2576 |
|
filing of the petition, and send the registrar a copy of the | 2577 |
|
petition. | 2578 |
| (F) Any person whose driver's or commercial driver's license | 2579 |
|
or permit has been suspended under section 4511.19 of the Revised | 2580 |
|
Code or under section 4510.07 of the Revised Code for a conviction | 2581 |
|
of a municipal OVI offense and who desires to retain the license | 2582 |
|
or permit during the pendency of an appeal, at the time sentence | 2583 |
|
is pronounced, shall notify the court of record or mayor's court | 2584 |
|
that suspended the license or permit of the person's intention to | 2585 |
|
appeal. If the person so notifies the court, the court, mayor, or | 2586 |
|
clerk of the court shall retain the license or permit until the | 2587 |
|
appeal is perfected, and, if execution of sentence is stayed, the | 2588 |
|
license or permit shall be returned to the person to be held by | 2589 |
|
the person during the pendency of the appeal. If the appeal is not | 2590 |
|
perfected or is dismissed or terminated in an affirmance of the | 2591 |
|
conviction, then the license or permit shall be taken up by the | 2592 |
|
court, mayor, or clerk, at the time of putting the sentence into | 2593 |
|
execution, and the court shall proceed in the same manner as if no | 2594 |
|
appeal was taken. | 2595 |
| (G) Except as otherwise provided in this division, if a | 2596 |
|
person whose driver's or commercial driver's license or permit or | 2597 |
|
nonresident operating privilege was suspended under section | 2598 |
|
4511.191 of the Revised Code appeals the suspension under division | 2599 |
|
(A) of this section, the prosecuting attorney of the county in | 2600 |
|
which the arrest occurred shall represent the registrar of motor | 2601 |
|
vehicles in the appeal. If the arrest occurred within a municipal | 2602 |
|
corporation within the jurisdiction of the court in which the | 2603 |
|
appeal is conducted, the city director of law, village solicitor, | 2604 |
|
or other chief legal officer of that municipal corporation shall | 2605 |
|
represent the registrar. If the appeal is conducted in a municipal | 2606 |
|
court, the registrar shall be represented as provided in section | 2607 |
|
1901.34 of the Revised Code. If the appeal is conducted in a | 2608 |
|
mayor's court, the city director of law, village solicitor, or | 2609 |
|
other chief legal officer of the municipal corporation that | 2610 |
|
operates that mayor's court shall represent the registrar. | 2611 |
