58-12 Amend 335.072, 335.073, 335.12, 335.13, 335.14 Traffic

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during the period in which the person is requited by Ohio R.C. 4509.45 to file and maintain proof of financial responsibility for a violation of Ohio R.C. 4509.101, unless proof of financial responsibility is maintained with respect to that vehicle. (ORC 4509.102; Ord. 36-10. Passed 7-19-10.) (b} Whoever violates this section is guilty of driving under financial responsi- bility law suspension or cancellation, a first degree misdemeanor. The court shall impose a class seven suspension of the offender's driver's or commercial driver's license or permit, or nonresident operating privilege for the period of time specified in division (A)(7) of Ohio R.C. 4510.02. (Ord. 64-]0. passed 10-4-10.) (c) (]) 1f a person is convicted of or pleads guilty to a violation of this sec- tion, rf the vehicle the offender was operahug at the time of the of- fense is registered in the offender's name, and if subsection (c)(2) of this section does not apply, the court, in addition to or independ- ent of any sentence that it imposes upon the offender for the of- fense, may otder the immobilization for not more than thirty days of the vehicle the offender was operating at the time of the offense and the impoundment for not more than thirty days of the identifi- cationlicense plates of that vehicle. (2) If a person is convicted of or pleads guilty to a violation of this sec- tion, and if, within five years of the current offense, the offender has been convicted of or pleaded guilty to one or more violations of division (A) of Ohio R.C. 4510.16 or former division (B)(I) of Ohio R.C. 4507.02 or a nnmicipal ordinance that is substantially equivalent to either division, the court, in addition to or independ- ent of any sentence that it imposes upon the offender for the of- fense, shall do whichever of the following is applicable: A. If, within five years of the current offense, the offender has been convicted of or pleaded guilty to one such violation, the court shall order the immobilization 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 idetrtifica- tion license plates of that vehicle. B. If, within five years of the current offense, the offender has been convicted of or pleaded gaiity to rivo or more such violations, the court shall order the criminal forfeiture of the vehicle the offender was operating at the time of the of- fense. (ORC 4510.161) (d) Any order for immobilization and impoundment wider this section shall be issued and enforced in accordance with Ohio R.C. 4503.233 and 4507.02, as applicable. Any order of criminal forfeiture shall be issued and en- forced in accordance with Ohio R.C. 4503.234. The court shall not release a vehicle from immobilization orders under this section unless the court is presented with current proof of f nancial responsibilit}= with respect to that vehicle. (ORC 4510.16) (e) No person who has knowingly failed to maintain proof of financial respon- sibility in accordance ~n=ith Ohio R.C. 4509.101 shall produce any docu- ment with the purpose to mislead a peace officer upon the request of a peace officer for proof of financial responsibility made in accordance with Ohio R.C. 4509.101. Any person who eiolates this subsection (e) hereof is guilty of falsificatiar, a misdemeanor of the first degree. (ORC 4509.102; Ord. 36-10. passed 7-19-10.) shall be and is hereby amended to read as follows: