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335.05 TRAFFIC CODE 62 <br />(4) The offender knows or has reasonable cause to believe that the other <br />person's act of driving would violate Ohio R.C. 4511.19 or any <br />substantially equivalent municipal ordinance. <br />(b) Without limiting or precluding the consideration of any other evidence in <br />determining whether a violation of subsection (a)(1), (2), (3), or (4) of this section has occurred, <br />it shall beprima-facie evidence that the offender knows or has reasonable cause to believe that the <br />operator of the motor vehicle owned by the offender or under the offender's control is in a <br />category described in subsection (a)(1), (2), (3) or (4) of this section if any of the following <br />applies: <br />(1) Regarding an operator allegedly in the category described in subsection <br />(a)(1) or (3) of this section, the offender and the operator of the motor <br />vehicle reside in the same household and are related by consanguinity or <br />affinity. <br />(2) Regarding an operator allegedly in the category described in subsection <br />(a)(2) of this section, the offender and the operator of the motor vehicle <br />reside in the same household, and the offender knows or has reasonable <br />cause to believe that the operator has been charged with or convicted of any <br />violation of law or ordinance, or has committed any other act or omission, <br />that would or could result in the suspension or cancellation of the operator's <br />license, permit or privilege.. <br />(3) Regarding an operator allegedly in the category described in subsection <br />(a)(4) of this section, the offender and the operator of the motor vehicle <br />occupied the motor vehicle together at the time of the offense. <br />(c) Whoever violates this section is guilty of wrongful entrustment of a motor vehicle, <br />a misdemeanor of the first degree. In addition to the penalties imposed under Section 303.99, the <br />court shall impose a class seven suspension of the offender's driver's license, commercial driver's <br />license, temporary instructionpermit, probationary license or nonresident operating privilege from <br />the range specified in division (A)(7) of Ohio R.C. 4510.02, and, if the vehicle involved in the <br />offense is registered in the name of the offender, the court shall order one of the following: <br />(1) Except as otherwise provided in subsection (c)(2) or (3) of this section, the <br />court shall order, for thirty days, the immobilization of the vehicle involved <br />in the offense and the impoundment of that vehicle's license plates. The <br />order shall be issued and enforced under Ohio R.C. 4503.233. <br />(2) If the offender previously has been convicted of or pleaded guilty to one <br />violation of Ohio R.C. 4511.203 or a substantially equivalent municipal <br />ordinance, the court shall order, for sixty days, the immobilization of the <br />vehicle involved in the offense and the impoundment of that vehicle's <br />license plates. The order shall be issued and enforced under Ohio R.C. <br />4503.233. <br />(3) If the offender previously has been convicted of or pleaded guilty to two or <br />more violations of Ohio R.C. 4511.203 or a substantially equivalent <br />municipal ordinance, the court shall order the criminal forfeiture to the state <br />of the vehicle involved in the offense. The order shall be issued and <br />enforced under Ohio R.C. 4503.234. <br />2003 Replacement <br />