57-12 Amend 335.06, 335.07, 335.071 Traffic Code

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lows: SECTION 6. Section 335.071, Driving Under OVI Suspension, currently reading as fo]- 335.071 DRIVING UNDER OVI SUSPENSION. (a) No person whose driver's or commercial driver's license or permit or non- resident operating privilege has been suspended under Ohio R.C. 4511.19, 4511.191, or 4511.196 or under Ohio R.C. 4510.07 for a conviction of a violation of a municipal OVI ordinance shall operate any motor vehicle upon the public roads or highways within this Municipality during the pe- riod of the suspension. (b) Whoever violates this section is guilty of driving under OVI suspension. The court shall sentence the offender under Ohio R.C. Chapter 2929, sub- ject to the differences authorized or required by this section. (1) Except as otherwise provided in subsection (b)(2) or (3) of this sec- tion, driving under OVI suspension is a misdemeanor of the first degree. The court shall sentence the offender to all of the follow- Ag• A mandatory jail terns of three consecutive days. The three-day teen shall be imposed, unless, subject to subsec- tion (c) of this section, the court instead imposes a sentence of not less than thirty consecutive days of house arrest with electronic monitoring. A period of house arrest with elec- tronic monitoring imposed under this subsection shall not exceed six months. If the court imposes a mandatory three- day jail term under this subsection, the court may impose a jail term in addition to that term, provided that m no case shall the cumulative jail term imposed for the offense ex- ceed six months. B. A fine of not less than two hundred fifty dollars ($250.00) and not more than one thousand dollars ($1,000). C. A license suspension under subsection (e) of this section. (2) If, within six years of the offense, the offender previously has been convicted of or pleaded guilty to one violation of this section or one equivalent offense, driving under OVI suspension is a misde- meanor of the first degree. The court shall sentence the offender to all of the following: A: A mandatory jail term of ten consecutive days. Notwith- standing the jail terms provided in Ohio R.C. Chapter 2929, the court may sentence the offender to a longer jail term of not more than one year. The ten-day mandatory jail term shall be imposed unless, subject to subsection (c) of this section, the court instead imposes a sentence of not less than ninety consecutive days of house arrest with electronic monitoring. The period of house arrest with electronic monitoring shall not exceed one year. B. Notwithstanding the fines provided for in Ohio R.C. Chap- ter 2929, a fine of not less than five hundred dollars ($500.00) and not more tlran two thousand five hundred dollars ($2,500). C. A license suspension under subsection (e) of this section. (3) If, within six years of the offense, the offender previously has been convicted of or pleaded guilty to two or more vrolations of this sec- tion or two or more equivalent offenses, driving under OVI sus- pension is a misdemeanor of the first degree. The court shall sen- tence the offender to all of the following: