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33-17 Amend Sec 333.01 Driving or Physical Control while Under the Influence
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33-17 Amend Sec 333.01 Driving or Physical Control while Under the Influence
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cations of the national auto dealers association. The proceeds of any fine so imposed <br />shall be distributed in accordance with division (C)(2) of that section. <br />(6) In all cases in which an offender is sentenced under subsection (h) of this <br />section, the offender shall provide the court with proof of financial responsibility as <br />defined in Ohio R.C. 4509.01. If the offender fails to provide that proof of financial <br />responsibility, the court, in addition to any other penalties provided by law, may or- <br />der restitution pursuant to Ohio R.C. 2929.18 or 2929.28 in an amount not exceeding <br />five thousand dollars ($5,000) for any economic loss arising from an accident or col- <br />lision that was the direct and proximate result of the offender's operation of the vehi- <br />cle before, during or after committing the offense for which the offender is sentenced <br />under subsection (h) of this section. <br />(7) As used in subsection (h) of this section, "electronic monitoring ", "manda- <br />tory prison term" and "mandatory term of local incarceration" have the same mean- <br />ings as in Ohio R.C. 2929.01. <br />(i) Vehicle Operation after Underage Alcohol Consumption Penalty. Whoever <br />violates subsection (b) of this section is guilty of operating a vehicle after underage <br />alcohol consumption and shall be punished as follows: <br />(1) Except as otherwise provided in subsection (i)(2) of this section, the of- <br />fender is guilty of a misdemeanor of the fourth degree. In addition to any other sanc- <br />tion imposed for the offense, the court shall impose a class six suspension of the of- <br />fender's driver's license, commercial driver's license, temporary instruction permit, <br />probationary license, or nonresident operating privilege from the range specified in <br />division (A)(6) of Ohio R.C. 4510.02. The court may grant limited driving privileg- <br />(2) If, within one year of the offense, the offender previously has been convict- <br />ed of or pleaded guilty to one or more violations of subsection (a) or (b) of this sec- <br />tion or other equivalent offenses, the offender is guilty of a misdemeanor of the third <br />degree. In addition to any other sanction imposed for the offense, the court shall im- <br />pose a class four suspension of the offender's driver's license, commercial driver's <br />license, temporary instruction permit, probationary license, or nonresident operating <br />privilege from the range specified in division (A)(4) of Ohio R.C. 4510.02. The <br />court may grant limited driving privileges relative to the suspension under Ohio R.C. <br />4510.021 and 4510.13. <br />(3) If the offender also is convicted of or also pleads guilty to a specification of <br />the type described in Ohio R.C. 2941.1414 and if the court imposes ajail term for the <br />violation of subsection (b) of this section, the court shall impose upon the offender <br />an additional definite jail term pursuant to division (E) of Ohio R.C. 2929.24. (ORC <br />4511.19) <br />(4) The offender shall provide the court with proof of financial responsibility <br />as defined in Ohio R.C. 4509.01. If the offender fails to provide that proof of finan- <br />cial responsibility, then, in addition to any other penalties provided by law, the court <br />may order restitution pursuant to Ohio R.C. 2929.28, in an amount not exceeding <br />five thousand dollars ($5,000) for any economic loss arising from an accident or col- <br />lision that was the direct and proximate result of the offender's operation of the vehi- <br />cle before, during or after committing the violation of subsection (b) of this section. <br />(ORC 4511.19) <br />0) Physical Control Penalty. Whoever violates subsection (d) hereof is guilty <br />of having physical control of a vehicle while under the influence, a misdemeanor of <br />the first degree. In addition to other sanctions imposed, the court may impose on the <br />offender a class seven suspension of the offender's driver's license, commercial <br />driver's license, temporary instruction permit, probationary license, or nonresident <br />
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