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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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52E OVI• Willful Misconduct• Speed 333.01 <br />The court may impose a jail term in addition to the thirty- <br />day mandatory jail term. Notwithstanding the jail terms set <br />forth in Section 303.99, the additional jail term shall not <br />exceed one year, and the cumulative jail term imposed for <br />the offense shall not exceed one year. <br />2. If the sentence is being imposed for a violation of subsection <br />(a)(6), (7), (8) or (9) of this section, a mandatory jail term <br />of sixty consecutive days. The court shall impose the sixty- <br />. .day mandatory jail term under this subsection unless, subject <br />to subsection (h)(3) of this section, it instead imposes a <br />sentence under that subsection consisting of both a jail term <br />and a term of electronically monitored house arrest. The <br />court may impose a jail term in addition to the sixty-day <br />mandatory jail term. Notwithstanding the terms of <br />imprisonment set forth in Section 303.99, the additional jail <br />term shall not exceed one year, and the cumulative jail term <br />imposed for the offense shall not exceed one year. <br />3. In all cases, notwithstanding the fines set forth in Section <br />303.99, a fine of not less than five hundred fifty dollars <br />($550.00) and not more than two thousand five hundred <br />dollars ($2,500). <br />4. In all cases, a class three 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)(3) 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, criminal forfeiture of the vehicle involved in the <br />offense in accordance with Ohio R.C. 4503.234. Subsection <br />(h)(5) of this section applies regarding any vehicle that is <br />subject to an order of criminal forfeiture under this <br />subsection. (ORC 4511.193) <br />6. In all cases, participation in an alcohol and drug addiction. <br />. program authorized by Ohio R.C. 3793.02, subject to <br />subsection (k) of this section. <br />D. 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 three or more violations of <br />subsection (a) or (b) of this section or other equivalent offenses is <br />guilty of a felony of the fourth degree and shall be prosecuted under <br />appropriate state law. <br />E. An offender who previously has been convicted of or pleaded guilty, <br />to a violation of Ohio R.C. 4511.19(A) that was a felony, regardless <br />of when the violation and the conviction or guilty plea occurred, is <br />guilty of a felony of the third degree and shall be prosecuted under <br />appropriate state law. <br />2003 Replacement <br />
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