55-12 Amend 333.01 OVI - Laserfiche WebLink

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(2) (3) dent operating privilege fiom the range specified in division (A)(3) of Ohio R.C. 4510.02. The court may grant limited driving privileges relative to the suspension under Ohio R.C. 4510.021 and 4510.13. (ORC 4511.19) 4. 1n all cases, if the vehicle is registered in the offender's name, criminal forfeiture of the vehicle involved in the of- fense in accordance with Ohio R.C. 4503.234. Subsection (h)(5) of this section applies regarding any vehicle that is subject to an order of criminal forfeiture under this subsec- tion. (ORC 4511.193) 5. 1n all cases, the court shall order the offender to participate in an alcohol and drug addiction program authorized by Ohio R.C. 3793.02, subject to subsection (k) of this section, and shall order the offender to follow the treatment recom- mendations of the program. The operator of the program shall determine and assess the degree of the offender's al- cohol dependency and shall make recommendations for treatment. Upon the request of the court, the program shall submit the results of the assessment to the court, including all treatment recommendations and clinical diagnoses re- lated to alcohol use. D. Except as otherwise provided in subsection (h)(1)E. of this section, an offender who, within six years of the offense, previously has been convicted of or pleaded guilty to tluee or four violations of subsection (a) or (b) of this section or other equivalent offenses or an offender who, within twenty years of the offense, previously has been convicted of or pleaded guilty to five or more violations of that nature is guilty of a felony of the fourth degree and shall be prosecuted under appropriate state law. E. An offender who previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 4511.19(A) that was a felony, re- gardless of when the violation and the conviction or guilty plea oc- cmred, is guilty of a felony of the third degree and shall be prose- cutedunder appropriate state law. An offender who is convicted of or pleads guilty to a violation of subsec- tion (a) of this section and who subsequently seeks reinstatement of the driver's or occupational driver's license or permit or nonresident operating privilege suspended under this section as a result of the conviction or guilty plea shall pay a reinstatement fee as provided in division (F)(2) of Ohio R.C. 4511.191. If an offender is sentenced to a jail term under subsection (h)(1)B.1.. or (h)(1)C.1.. of this section and if, witlrin sixty days of sentencing of the of- fender, the court issues a written finding on the record that, due to the un- availability of space at the jail where the offender is required to serve the term, the offender will not be able to begin serving that term within the sixty-day period following the date of sentencing, the. court may impose an alternative sentence under this subsection that includes a term of house ar- rest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. As an alternative to a jail team of ten days required by sub- section (h)(1)B.1. of this section, the court, under this subsection, may sen- tence the offender to five consecutive days in jail and not less than eight- een consecutive days of house arrest with electronic monitoring, with con- tinuous alcohol monitoring, or with both electronic monitoring and con- tinuous alcohol monitoring. The cumulative total of the five consecutive days in jail and the period of house arrest with electronic monitoring, con-