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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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64C Licensing~LAccidents 335.071 <br />(f) If a person is convicted of or pleads guilty to a violation of this section, the court, <br />in addition to and independent of any sentence that it imposes upon the offender for the offense, <br />if the vehicle the offender was operating at the time of the offense is registered in the offender's <br />name, shall do whichever of the following is applicable:. .. <br />(1) If, within .five years of the current offense, the offender has not been <br />.convicted of or pleaded guilty to a violation of Ohio R.C. 4510.14 or <br />former division (D)(2) of Ohio R.C. 4507.02 or a municipal ordinance that <br />is substantially equivalent to that section or former division, the court shall <br />order the immobilization for thirty days of the vehicle the offender was <br />operating at the time of the offense and the impoundment for thirty days of <br />the identification license plates of that vehicle. <br />(2) If, within five years of the current offense, the offender has been convicted <br />of or pleaded guilty to one violation of Ohio R.C. 4510.14 or former <br />division (D)(2) of Ohio R.C. 4507.02. or a municipal ordinance that is <br />substantially equivalent to that section or former division, the court shall <br />order the immobilization for sixty days of the vehicle the offender was <br />operating at the time of the offense and the impoundment for sixty days of <br />the identification license plates of that vehicle. <br />(3) If, within five years of the current offense, the offender has been convicted <br />of or pleaded guilty to two or more violations of Ohio R.C. 4510.14 or <br />former division (D)(2) of Ohio R.C. 4507.02, or a municipal ordinance that <br />is substantially equivalent to that section or former division, the court shall <br />order the criminal forfeiture to the state of the vehicle the offender was <br />operating at the time of the offense. <br />(g) An order of criminal forfeiture issued pursuant to this section shall be issued and <br />enforced in accordance with Ohio R.C. 4503.234. ~ An order for the immobilization and <br />impoundment of a vehicle that issued pursuant to this section shall be issued and enforced in <br />accordance with Ohio R.C. 4503.233. (ORC 4510.161) <br />(h) As used in this section: <br />(1) "Electronic monitoring" has the same meaning as in Ohio R.C. 2929.01. <br />(2) "Equivalent offense" means any of the following: <br />A. A violation of a municipal ordinance, law of another state, or law <br />of the United States that is substantially equivalent to subsection (a) <br />of this section; <br />B. A violation of a former law of this State that was substantially <br />equivalent to subsection (a) of this section. <br />(3) "Jail" has the same meaning as in Ohio R.C. 2929.01. <br />(4). "Mandatory jail.term" means the mandatory term in jail of three, ten, .or <br />thirty consecutive days that must be imposed under subsection (b)(1), (2) <br />or (3) of this section upon an offender convicted of a violation of subsection. <br />(a) of this section 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 any <br />provision of the Ohio Revised Code. <br />(ORC 4510:14) <br />2003 Replacement <br />
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