15-2022 - Amend 335.01 Driver's or Commercial Driver's License Required

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(b) Upon the request or motion of the prosecuting authority, a noncertified copy of the law enforcement automated data system report or a noncertified 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)(1) or (2) of this section may be admitted into evidence as prima - facie evidence that the person did not have either a valid driver's or commercial driver's license at the time of the alleged violation of subsection (a)(1) of this section or a valid license as a motorcycle operator either in the form of an endorsement upon a driver's or commercial driver's license or a restricted license at the time of the alleged violation of subsection (a)(2) of this section. The person charged with a violation of subsection (a)(1) or (2) of this section may offer evidence to rebut this prima -facie evidence. (c) Whoever violates this section is guilty of operating a motor vehicle without a valid license and shall be punished as follows: (1) Except as provided in subsection (2) below, if the trier of fact finds that the offender did not hold a valid driver's or commercial driver's license issued by this State or any other jurisdiction, the offense is a first degree misdemeanor. (2) A. Subject to subsection (c)(2)B. hereof, if the offender's driver's or commercial driver's license or permit was expired for less than six months at the time of the offense, the offense is a minor misdemeanor. B. If the offender previously was convicted of or pleaded guilty to three or more violations of Ohio R.C. 4510.12 or a substantially equivalent municipal ordinance within the past three years, the offense is a misdemeanor of the first degree. (d) The court shall not impose a license suspension for a first violation of this section or if more than three years have passed since the offender's last violation of Ohio R.C. 4510.12 or a substantially equivalent municipal ordinance. (e) If the offender was convicted of or pleaded guilty to one or more violations of Ohio R.C. 4510.12 or a substantially equivalent municipal ordinance within the past three years, and if the offender's license was expired for more than six months at the time of the offense, the court shall impose a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(7) of Ohio R.C. 4510.02. is hereby repealed. Section 2. That new Section 335.01 Driver's or Commercial Driver's License Required of the Codified Ordinances of the City of Lakewood is hereby enacted to read as follows: 335.01 DRIVER'S OR COMMERCIAL DRIVER'S LICENSE REQUIRED. (a)(1) No person, except those expressly exempted under sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall operate any motor vehicle upon a public road or highway or any public or private property used by the public for purposes of vehicular travel or parking in this state unless the person has a valid driver's license issued under Chapter 4507. of the Revised Code or a commercial driver's license issued under Chapter 4506. of the Revised Code. (2) No person, except a person expressly exempted under sections 4507.03, 4507.045 and 4507.05 of the Revised Code, shall operate any motorcycle upon a public road or highway or any public or private property used by the public for purposes of vehicular travel or parking in this state unless the person has a valid license as a motorcycle operator that was issued upon application by the registrar of motor vehicles under Chapter 4507. of the Revised Code. The license shall be in the form of an endorsement, as determined by the registrar, upon a driver's or commercial driver's license, if the person has a valid license to operate a motor vehicle or commercial motor vehicle, or in the form of a restricted license as provided in section 4507.14 of the Revised Code, if the person does not have a valid license to operate a motor vehicle or commercial motor vehicle.