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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 52H <br />(2) An offender who stays in a driver's intervention program or in an alcohol <br />treatment program under an order issued under this section shall pay the <br />cost of the stay in the program. However, if the court determines that an <br />offender who stays in an alcohol treatment program under an order issued <br />under this section is unable to pay the cost of the stay in the program, the <br />court may order that the cost be paid from the court's indigent drivers' <br />alcohol treatment fund. <br />(1) Appeal Does Not Sta~peration of License Suspension. If a person whose driver's <br />or commercial driver's license or permit or nonresident operating privilege is suspended under this <br />section files an appeal regarding any aspect of the person's trial or sentence, the appeal itself does <br />not stay the operation of the suspension. <br />(m) Conflict of Terms. All terms defined in Ohio R.C. 4510:01 apply to this section. <br />If the meaning of a term defined in Ohio R. C .4510.01 conflicts with the meaning of the same <br />term as defined in Ohio R.C. 4501.01 or this Traffic Code, the term as defined in Ohio R.C. <br />4510.01 applies to this section. (ORC 4511.19; 4511.193) <br />(n) Indigent Drivers Alcohol Treatment Fund. Twenty-five dollars ($25.00) of any fine <br />imposed for a violation of subsection (a) hereof shall be deposited into the municipal or county <br />indigent drivers alcohol treatment fund pursuant to Ohio R.C. 4511.193. <br />(ORC 4511.193) <br />(o) Definitions. As used in this section: <br />(1) "Equivalent offense" means any of the following: <br />A. A violation of division (A) or (B) of Ohio R.C. 4511.19; <br />B. A violation of a municipal OVI ordinance; <br />C. A violation of Ohio R.C. 2903.04 in a case in which the offender <br />was subject to the sanctions described in division (D) of that section; <br />D. A violation of division (A)(1) of Ohio R.C. 2903.06 or 2903.08 or <br />a municipal ordinance that is substantially equivalent to either of <br />those divisions; <br />E. A violation of division (A)(2), (3) or (4) of Ohio R.C. 2903.06, <br />division (A)(2) of Ohio R.C. 2903.08, or former Ohio R.C. <br />2903.07, or a municipal ordinance that is substantially equivalent to <br />any of those divisions or that former section, in a case in which a <br />judge or jury as the trier of fact found that the offender was under <br />the influence of alcohol, a drug of abuse, or a combination of them; <br />F. A violation of an existing or former municipal ordinance, law of <br />another state, or law of the United States that is substantially <br />equivalent to division (A) or (B) of Ohio R.C. 4511.19; <br />G. A violation of a former law of this State that was substantially. <br />equivalent to division (A) or (B) of Ohio R.C. 4511.19; <br />(2) "Mandatory jail term" means the mandatory term in jail of three, six, ten, <br />twenty, thirty, or sixty days that must be imposed under subsection <br />(h)(1)A., B. or C. upon an offender convicted of a violation of subsection <br />(a) hereof and in relation to which all of the following apply: <br />A. Except as specifically authorized under this section, the term must <br />be served in a jail. <br />B. Except as specifically authorized under this section, the term cannot <br />be suspended, reduced or otherwise modified pursuant to Ohio R. C . <br />2929.21 to 2929.28, or any other provision of the Ohio Revised <br />Code. <br />2003 Replacement <br />
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