57-12 Amend 335.06, 335.07, 335.071 Traffic Code

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days of the vehicle the offender was operating at the time of the of- fense and the impoundment for thirty days of the identification li- censeplates of that vehicle. (2) If, within five years of the cunent offense, the offender has been convicted of or pleaded guilty to one violation of Ohio R.C. 4510.14 or former division (D)(2) of Ohio R.C. 4507.02 or a mu- nicipal ordinance that is substantially equivalent to that section or former division, the court shall order the imrobilization for sixty days of the vehicle the offender was operating at the time of the of- fense and the impoundment for sixty days of the identification li- cense plates of that vehicle. (3) If, within five years of the current offense, the offender has been convicted of or pleaded guilty to two or more violations of Ohio R.C. 4510.14 or former division (D)(2) of Ohio R.C. 4507.02, or a municipal ordinance that is substantially equivalent to that section or former division, the court shall order the criminal forfeiture to the state of the vehicle the offender was operating at the time of the offense. (g) An order of criminal forfeiture issued pursuant to this section shall be is- sued and enforced in accordance with Ohio R.C. 4503.234. An order for the immobilization and impoundment of a vehicle that issued pursuant to this section shall be issued and enforced in accordance with Ohio R.C. 4503.233. (ORC 4510.161) (h) As used in this section: (1) "Electronic monitoring" has the same meaning as in Ohio R.C. 2929.01. (2) "Equivalent offense" means any of the following: A. A violation of a municrpal ordinance, law of another state, or law of the United States that is substantially equivalent to sub- section (a) of this section; B. A violation of a former law of this State that was substan- tially equivalent to subsection (a) of this section. (3) "Jail" has the same meaning as in Ohio R.C. 2929.01. (4) "Mandatory jail terns" means the mandatory term in jail of tluee, ten, or thirty consecutive days that must be imposed under subsection (b)(1}, (2) or (3) of this section upon an offender convicted of a violation of subsection (a) of this section and in relation to which all of the follow- ing apply: A. Except as specifically authorized under this section, the term must be served in a jail. B. Except as specifically authorized under this section, the term cannot be suspended, reduced, or otherwise modified pursuant to any provision of the Ohio Revised Code. (ORC 4510.14; Ord. 36-10. Passed 7-19-10.) shall be and is hereby amended as follows: 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.