55-12 Amend 333.01 OVI - Laserfiche WebLink

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court may order that the cost be paid from the court's indigent drivers' al- cohol treatment fund. (1) Appeal Does Not Stay Operation of License Suspension. If a person whose driver's or commercial driver's license or permit or nonresident operating privilege is suspended under this section files an appeal regarding any aspect of the person's trial or sentence, the appeal itself does not stay the operation of the suspension. (m) Subsection (a)(1)F. of this section does not apply to a person who operates a vehi- cle while the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the amount specified in that subsection, if both of the following apply: (1) The person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs. (2) The person injected, ingested, or inhaled the controlled substance in ac- cordance with the health professional's directions. (n) The prohibited concentrations of a controlled substance or a metabolite of a con- trolled substance listed in subsection (a)(1)F. of this section also apply in a pr•ose- eution of a violation of Ohio R.C. 2923.16(D) in the same manner as if the of- fender is being prosecuted for a prohibited concentration of alcohol. (o) Conflict of Terms. All terms defined in Ohio R.C. 4510.01 apply to this section. If the meaning of a term defined in Ohio R.C .4510.01 conflicts with the meaning of the same term as defined in Ohio R.C. 4501.01 or this Traffic Code, the term as defined in Ohio R.C. 4510.01 applies to this section. (ORC 4511.19) (p) Indigent Drivers Alcohol Treatment Fund. Twenty-five dollars ($25.00) of any fine imposed for a violation of subsection (a) hereof shall be deposited into the municipal or county indigent drivers alcohol treatment fund pursuant to Ohio R.C. 4511.193. (ORC 4511.193) (q) Definitions. As used in this section: (1) "Equivalent offense" means any of the following: A. A violation of division (A) or (B) of Ohio R.C. 451 L 19; B. A violation of a municipal OVI ordinance; C. A violation of Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in division (D) of that sec- tion; D. A violation of division (A)(1) of Ohio R.C. 2903.06 or 2903.08 or a municipal ordinance that is substantially equivalent to either of those divisions; E. A violation of division (A)(2), (3) or (4) of Ohio R.C. 2903.06, di- vision (A)(2) of Ohio R.C. 2903.08, or former Ohio R.C. 2903.07, or• a munrc~pal ordinance that is substantially equivalent to any of those divisions or that former section, in a case m which a,}'udge or jury as the trier of fact found that the offender was under the influ- ence of alcohol, a drug of abuse, or a combination of them; F. A violation of division (A) or (B) of Ohio R.C. 1547.11; G. A violation of a munici~a ordinance prohibiting a person from op- erating or being in physrcal conhol ot~ any vessel underway or from manipulating any water skis, aquaplane or similar device on the waters of thrs State while under the influence of alcohol, a drug of abuse, or a combination of them or prohibiting a person fiom oper- atin~ or being in physical control of any vessel underway or from manrpulating any water skis, aquaplane or• similar device on the waters of this State with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath or urine; H. A violation of an existing or former municipal ordinance, law of another state, or law of the United States that is substantially