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2004 004 Ordinance
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2004 004 Ordinance
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Last modified
11/19/2018 3:59:16 PM
Creation date
8/22/2018 4:50:52 AM
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Legislation-Meeting Minutes
Document Type
Ordinance
Number
004
Date
1/26/2004
Year
2004
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333.01 TRAFFIC CODE 52B <br />1. If the sentence is being imposed for a violation of <br />subsections (a)(1), (2), (3), (4) or (5) of this section, a <br />mandatory jail term of three consecutive days. As used in <br />this subsection, three consecutive days means seventy-two <br />consecutive hours. The court may sentence an offender to <br />both an intervention program and a jail term. The court <br />may impose a jail term in addition to the three-day <br />mandatory jail term or intervention program.. However, in <br />no case shall the cumulative jail term imposed for the <br />offense exceed six months. <br />The court may suspend the execution of the three-day jail <br />term under this subsection if the court, in lieu of that <br />suspended term, places the offender under a community <br />control sanction pursuant to Ohio R. C. 2929.25 and requires <br />the offender to attend, for three consecutive days, a drivers' <br />intervention program certified under Ohio R.C. 3793.10. <br />The court also may suspend the execution of any part of the <br />three-day jail term under this subsection if it places the <br />offender under a community control sanction pursuant to <br />Ohio R.C. 2929.25 for part of the three days, requires the <br />offender to attend for the suspended part of the term a <br />drivers' intervention program so certified, and sentences the <br />offender to a jail term equal to the remainder of the three <br />consecutive days that the offender does not spend attending <br />the program. The court may require the offender, as a <br />condition of community control and in addition to the <br />required attendance at a drivers' .intervention program, to <br />attend and satisfactorily complete any treatment or education <br />programs that comply with the minimum standards adopted <br />pursuant to Ohio R.C. Chapter 3793 by the Director of <br />Alcohol and Drug Addiction Services that the operators of <br />the drivers' intervention program determine that the offender <br />should attend and to report periodically to the court on the <br />offender's progress in the programs. The court also may <br />impose on the offender any other conditions of community <br />control that it considers necessary. . <br />2. If the sentence is being imposed for a violation of subsection <br />(a)(6), (7), (8) or (9) of this section, except as otherwise <br />provided in this subsection, a mandatory jail term of at least <br />three consecutive days and a requirement that the offender <br />attend, for three consecutive days, a drivers' intervention <br />program that is certified pursuant to Ohio R.C. 3793.10.. As <br />used in this subsection, three consecutive days means <br />seventy-two consecutive hours. If the court determines that <br />the offender is not conducive to treatment in a drivers' <br />intervention program, if the offender refuses to attend a <br />drivers' intervention program, or if the jail at which the <br />offender is to serve the jail term imposed can provide a <br />drivers' intervention program, the court shall sentence the <br />offender to a mandatory jail term of at least six consecutive <br />days. <br />2003 Replacement <br />
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