2004 004 Ordinance - Laserfiche WebLink

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64A Licensing; Accidents ~ 335.071 (e) Any order of criminal forfeiture under this section shall be issued and enforced under Ohio R.C. 4503.234. Upon receipt of the copy of the order from the court, neither the Ohio Registrar of Motor Vehicles nor a deputy registrar shall accept any application for the registration or transfer of registration. of any motor vehicle owned or leased by the person named in the declaration of forfeiture. The period of registration denial shall be five years after the date of the order, unless, during that period, the court having jurisdiction of the offense that lead to the order terminates the" forfeiture and notifies the Registrar of the termination. The Registrar shall then take necessary measures to permit the person to register a vehicle owned or leased by the person or to transfer registration of the vehicle. (ORC 4510.11) 335.071 DRIVING UNDER OVI SUSPENSION. (a) " No person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under Ohio R.C. 4511.19, 4511.191, or 4511.196 or under Ohio R.C. 4510.07 for a conviction of a violation of a municipal OVI ordinance shall operate any motor vehicle upon the public roads or highways within this Municipality during the period of the suspension. (b) Whoever violates this section is guilty of driving under OVI suspension. The court shall sentence he offender under Ohio R.C. Chapter 2929, subject to the differences authorized or required by this section. . (1) Except as otherwise provided in subsection (b)(2) or (3) of this section, driving under OVI suspension is a misdemeanor of the first degree. The court shall sentence the offender to all of the following: _ A. A mandatory jail term of.three consecutive days. The three-day term shall be imposed, unless, subject to subsection (c) of this section, the-court instead imposes a sentence of not less than thirty consecutive days of house arrest with electronic monitoring. A period of house arrest with electronic monitoring imposed under this subsection shall not exceed six months. If the court imposes a mandatory three-day jail term under this subsection, the court may impose a jail term in addition to that term, provided that in no case shall the cumulative jail term imposed for the- offense exceed six months. B. A fine of not less than two hundred fifty dollars ($250.00) and not more than one thousand dollars ($1,000). C. A license suspension under subsection (e) of this section. (2) If, within six years of the offense, the offender previously has been convicted of or pleaded.. guilty to one violation of this section or one equivalent offense, driving under OVI suspension. is a misdemeanor of the first degree. The court shall sentence the offender to all of the following: A. A mandatory jail term of ten consecutive days. Notwithstanding the jail terms provided in Ohio R:C. Chapter 2929, the court may sentence the offender to a longer jail term of not more than one year. The ten-day mandatory. jail term shall be imposed unless, subject to subsection (c) of this section, the court instead imposes a sentence of not less than ninety consecutive days of house arrest with electronic monitoring. The period of house arrest with electronic monitoring shall not .exceed one year. 2003 Replacement