59-12 Enact 335.074 Driving Under License Forfiture...

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payment of child support. (c) Upon the request or motion of the prosecuting authorit}+, a nmicertified copy of the law enforcement automated data system report or a noncerti- fied copy of a record of the Registrar of Motor Vehicles that shows the name, date of birth, and social security number of a person charged with a violation of subsection (a) or (b) of this section may be admitted into evi- dence as prima-facie evidence that the license of the person was under suspension at the time of the alleged violation of subsection (a) or (b) of this section. 1'he person charged with a violation of subsection (a) or (b) of this section may offer evidence to rebut this prima-facie evidence. (d) Whoever violates subsection (a) or (b) of this section is guilty of driving under suspension and shall be punished as provided in subsection (d) of this section. (1) Except as otherwise provided in subsection (d)(2) of this section, the offense is an unclassified misdemeanor. I'Ihe offender shall be sentenced pursuant to Ohio R.C. 2929.21 to 2929.28, except that the offender shall not be sentenced to a 'ail term; the offender shall not be sentenced to a community residential sanction pursuant to Ohio R.C. 2929.26; norivithstauding division (A)(2)(a) of Ohio R.C. 2929.28, the offender may be fined up to one thousand dollars ($1,000); and, norivithstandiug division (A)(3) of Ohio R.C. 2929.27, the offender may be ordered pursuaut to division (C) of that section to serve a term of conunuuity service of up to five hundred hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indi- rect criminal contempt under division (A) of Ohio R.C. 2705.02 that may be filed in the underlying case. (2) If, within three }+ears of the offense, the offender previously «+as convicted of or pleaded guilty to two or more violations of subsec- tion (A) or (B) of Ohio R.C. 4510.11 I, or auy combination of two or more violations of subsection (A) or (B) of Ohio R.C. 4510.11 1, ~or Ohio R.C. 4510. ] 1 or 4510.16, or a substantially equivalent mu- nicipal ordinance, the offense is a misdemeanor of the fist degree. 'Che offender shall provide the court with proof of furancial respon- sibility as defined in Ohio R.C. 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any penalties provided by law, the court may order restihrtion pur- suant to Ohio R.C. 2929.28 in an amount not exceeding five thou- sand dollars ($5,000) for airy economic loss arising from an acci- dent or collision that was the direct and proximate result of the of- fender's operation of the vehicle before, during or after cmvmittiug the offense for which the offender is sentenced under this section. (3) Li all cases, the court may impose a class seven suspension of the offender's driver's or commercial driver's license or permit or non- resident operating privilege from the range of time specified in di- vision (A)(7) of Ohio R.C. 4507.02. (4) A. hi all cases, if the vehicle is registered in the offender's name and if, within three ears of the offense, the offender previousl}+ has been convicted of or pleaded guilty to one violation of division (A) or (B) of Ohio R.C. 4510.111 or Ohio R.C. 4510.11 or 4510.16, or a substantially similar nnmicipal ordinance, the court, in addition to any other sentence that it imposes upon the offender, may order the invnobilization of the vehicle involved in the offense fa• thirty days and the impoundment of that vehicle's license plates for thirty days iu accordance with Ohio R.C.