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57-12 Amend 335.06, 335.07, 335.071 Traffic Code
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57-12 Amend 335.06, 335.07, 335.071 Traffic Code
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5/14/2013 3:22:08 PM
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11/27/2012 3:45:10 AM
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(1) Except as otherwise provided in subsection (b)(2) or (3) of this sec- <br />tion, driving under OVI suspension is a mrsdemeanor of the first <br />degree. The court shall sentence the offender to all of the follow- <br />ing: <br />A. A mandatory jail term of three consecutive days. The <br />three-day term shall be imposed, unless, subject to subsec- <br />tion (c) of this section, the court instead imposes a sentence <br />of not less than thirty consecutive days of house anent with <br />electronic monitoring. A period of house arrest with elec- <br />tronic monitoring imposed under this subsection shall not <br />exceed six months. If the court imposes a mandatory three- <br />day jail term under this subsection, the court may impose a <br />jail term in addition to that term, provided that in no case <br />shall the cumulative jail term irnposed for the offense ex- <br />ceed six months. <br />B. A fine of not less than two hundred fifty dollars ($250.00) <br />and not more than one thousand dollars ($1,000). <br />C. A license suspension under subsection (e) of this section. <br />(2) If, within six years of the offense, the offender previously has been <br />convicted of or pleaded guilty to one violation of this section or <br />one equivalent offense, driving under OVI suspension is a rnisde- <br />meanor of the first degree. The court shall sentence the offender to <br />all of the following: <br />A. A mandatory jail term of ten consecutive days. Notwith- <br />standing the jail terms provided in Ohio R.C. Chapter 2929, <br />the court may sentence the offender to a longer jail term of <br />not more than one year. The ten-day mandatory jail term <br />shall be imposed unless, subject to subsection (c) of this <br />section, the court instead imposes a sentence of not less <br />than ninety consecutive days of house arrest with electronic <br />monitoring. The period of house arrest with electronic <br />monitoring shall not exceed one year. <br />B. Notwithstanding the fines provided for in Ohio R.C. Chap- <br />ter 2929, a fine of not less than five hundred dollars <br />($500.00) and not more than two thousand five hundred <br />dollars ($2,500). <br />C. A license suspension under subsection (e) of this section. <br />(3) If, within six years of the offense, the offender previously has been <br />convicted of or pleaded guilty to two or more vrolations of this sec- <br />tion or two or more equivalent offenses, driving under OVI sus- <br />pension is a misdemeanor of the first degree. The court shall sen- <br />tence the offender to all of the following: <br />A. A mandatory jail term of thirty consecutive days. Notwith- <br />standing the jail terms provided in Ohio R.C. Chapter 2929, <br />the court may sentence the offender to a longer jarl term of <br />not more than one year. The court shall not sentence the of- <br />fender to a term of house arrest with electronic monitoring <br />in lieu of the mandatory portion of the jail term. <br />B. Notwithstanding the fines set forth in Ohio R.C. Chapter <br />2929, a fine of not less than five hundred dollars ($500.00) <br />and not more tlran two thousand five hundred dollars <br />($2,500). <br />C. A license suspension under subsection (e) of this section. <br />(c) No court shall impose an alternative sentence of house arrest with elec- <br />honic monitoring under subsection (b)(I) or (2) of this section unless, <br />within sixty days of the date of sentencing, the court issues a written find- <br />
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