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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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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 jail 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 than 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 />tronic monitoring under subsection (b)(1) or (2) of this section unless, <br />within sixty days of the date of sentencing, the court issues a written find- <br />ing on the record that, due to the unavailability of space at the jail where <br />the offender is required to serve the jail term mrposed, the offender will <br />not be able to begin serving that term within the sixty-day period follow- <br />ing the date of sentencing. An offender sentenced under this section to a <br />period of house arrest with electronic monitoring shall be permitted work <br />release during that period. <br />(d) Fifty per cent of any fine imposed by a court under subsection (b)(1), (2) <br />or (3) of this section shall be deposited into the county indigent drivers al- <br />cohol treatment fund or municipal indigent drivers alcohol heatment fund <br />under the control of that court, as created by the county or municipal cor- <br />poration pursuant to division (H} of Ohio R.C. 4511.191. <br />(e) In addition to or independent of all other penalties provided by law or or- <br />dinance, the trial judge of any court of record or the mayor of a mayor's <br />court shall impose on an offender who is convicted of or pleads guilty to a <br />violation of this section a class seven suspension of the offender's driver's <br />or commercial driver's license or permit or nonresident operating privilege <br />fiom the range specified in division (A)(7) of Ohio R:C. 4510.02. <br />When permitted as specified in Ohio R.C. 4510.021, if the court <br />grants limited driving privileges during a suspension imposed under this <br />section, the privileges shall be granted on the additional condition that the <br />offender must display restricted license plates, issued under Ohio R.C. <br />4503.231, on the vehicle driven subject to the privileges, except as pro- <br />vided in division (B) of that section. <br />A suspension of a commercial driver's license under this section <br />shall be concurrent with any period of suspension or disqualification under <br />Ohio R.C. 3123.58 or 4506.16. No person wlro is drsqualified for life <br />from holding a commercial driver's license under Ohio R.C. 4506.16 shall <br />be issued a driver's license under Ohio R.C. Chapter 4507 during the pe- <br />riod for which the commercial driver's license was suspended under this <br />section, and no person whose commercial driver's license is suspended un- <br />der this section shall be issued a driver's license under Ohio R.C. Chapter <br />4507 during the period of the suspension. (ORC 4510.14) <br />(f) If a person rs convreted of or pleads guilty to a violation of this section, the <br />court, in addition to and independent of any sentence that it imposes upon <br />the offender for the offense, if the vehicle the offender was operating at the <br />time of the offense is registered in the offender's name, shall do whichever <br />of the following is applicable: <br />(1) If, within five years of the current offense, the offender has not <br />been convicted of or pleaded guilty to a violation of Ohio R.C. <br />4510.14 or former division (D)(2) of Ohio R.C. 4507.02 or a mu- <br />nicipal ordinance that is substantially equivalent to that section or <br />former division, the court shall order the rmmobilization for thirty <br />
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