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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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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
004
Date
1/26/2004
Year
2004
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333.01 TRAFFIC CODE 52D <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 twenty <br />consecutive days. The court shall impose the twenty-day <br />mandatory jail term under this subsection unless, subject to <br />subsection (h)(3) of this section, it instead imposes a <br />sentence under that division consisting of both a jail term <br />and a term of house arrest with electronic monitoring. The <br />court may impose a jail term in addition to the twenty-day <br />mandatory jail term. The cumulative jail term imposed for <br />the offense shall not exceed six months. <br />In addition to the jail term or the term of house arrest with <br />electronic monitoring and jail term, the court may require <br />the offender to attend a drivers' intervention program that is <br />certified pursuant to Ohio R.C. 3793.10. If the operator of <br />the program determines that the offender is alcohol <br />dependent, the program shall notify the court, and, subject <br />to subsection (k) of this section, the court shall order the <br />offender to obtain treatment through an alcohol and drug <br />addiction program authorized by Ohio R.C. 3793.02. <br />3. In all cases, notwithstanding the fines set forth in Section <br />303.99, a fine of not less than three hundred fifty dollars <br />($350.00) and not more than one thousand five hundred <br />dollars ($1, 500) . <br />4. In all cases, a class four license suspension of the offender's <br />driver's license, commercial driver's license, temporary <br />instruction permit, probationary license, or nonresident <br />operating privilege from the range specified in division <br />(A)(4) of Ohio R.C. 4510.02. The court may grant limited <br />driving privileges relative to the suspension under Ohio <br />R.C. 4510.021 and 4510.13. (ORC 4511.19) <br />5. In all cases, if the vehicle is registered in the offender's <br />name, immobilization of the vehicle involved in the offense <br />for ninety days in accordance with Ohio R.C. 4503.233 and <br />impoundment of the license plates of that vehicle for ninety <br />days. (ORC 4511.193) <br />C. Except as otherwise provided in subsection (h)(1)E. of this section, <br />an offender who, within six years of the offense, previously has <br />been convicted of or pleaded guilty to two violations of subsection <br />(a) or (b) of this section or other equivalent offenses is guilty of a <br />misdemeanor. The court shall sentence the offender to all of the <br />following: <br />1. If the sentence is being imposed for a violation of subsection <br />(a)(1), (2), (3), (4) or (5) of this section, a mandatory jail <br />term of thirty consecutive days. The court shall impose the <br />thirty-day mandatory jail term under this subsection unless, <br />subject to subsection (h)(3) of this section, it instead imposes <br />a sentence under that subsection consisting of both a jail <br />term and a term of house arrest with electronic monitoring. <br />2003 Replacement <br />
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