57-12 Amend 335.06, 335.07, 335.071 Traffic Code

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(D) of Ohio R.C. 4506.10 or under Ohio R.C. 4507.14.(ORC 4510.11; Ord. 36-10. Passed 7-19-10.) (c) (I) A. Except as provided in subsection (c)(I)B. hereof, whoever violates subsection (a) hereof, is guilty of driving under suspension, a misdemeanor of the first degree. The court shall impose upon the offender a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or non- resident operating privilege from the range specified in di- vision (A)(7) of Ohio R.C. 4510.02. B. If the offender's driver's or commercial driver's license or permit or nonresident operating privilege has been sus- pended under Ohio R.C. 3123.58, 4510.22, a violation of subsection (a) hereof, is a first degree misdemeanor. (2) Whoever violates subsection (b) hereof is guilty of driving in viola- tion of a license restriction, a misdemeanor of the first degree. (Ord. 64-10. Passed 10-4-10.) (3) Except as provided in subsection (c)(4) or (5) of this section, the court, m addition to any other penalty that it imposes on the of- fender and if the vehicle is registered m the offender's name, shall order the immobilization of the vehicle involved in the offense for thinly days in accordance with Ohio R.C. 4503.233 and the im- poundment ofthat vehicle's license plates for thirty days. (4) If the offender previously has been convicted of or pleaded guilty to one violafion of Ohio R.C. 4510.11 or of a substantially similar municipal ordinance, the court, in addition to any other sentence that it imposes on the offender and if the vehicle is registered in the offender's name, shall order the immobilization of the vehicle in- volved in the offense for sixty days in accordance with Ohio R.C. 4503.233 and the impoundment of that vehicle's license plates for sixty days. (5) If the offender previously has been convicted of or pleaded guilty to two or more violations of Ohio R.C. 4510.11 or of a substan- tially similar municipal ordinance, the court, in addition to any other sentence that it imposes on the offender and if the vehicle is registered in the offender's name, shall order the criminal forfeiture of the vehicle involved in the offense to the State. (d) Any order for immobilization and impoundment under this section shall be issued and enforced under Ohio R.C. 4503.233. The court shall not re- lease avehicle fiom immobilization ordered under this section unless the court is presented with current proof of financial responsibility with re- spect to that vehicle. (e) Any order of criminal forfeiture under this section shall be issued and en- forced under Ohio R.C. 4503.234. Upon receipt of the copy of the order fi•om the court, neither the Ohio Registrar of Motor Vehicles nor a deputy registrar shall accept any application for the registration or transfer of reg- ishation of any motor vehicle owned or leased by the person named in the declaration of forfeiture. The period of registration denial shall be five years after the date of the order, unless, during that period, the court hav- ing jurisdiction of the offense that lead to the order terminates the forfei- ture and notifies the Registrar of the termination. The Registrar shall then take necessary measures to permit the person to register a vehicle owned or leased by the person or to transfer registration of the vehicle. (ORC 4510.11; Ord. 36-10. Passed 7-19-10.) shall be and is hereby amended to read as follows: