2004 045 Ordinance - Laserfiche WebLink

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17 (~) {3) 1). lWxcept as otherwiseprovided in subsection (h}(1}E. of this section, an offender who, within six years of the offense, previously has bean convicted oi' or pleaded guilty to t]troe or four violations of subsection (a~ or (b) of tltis section or other equivalent offenses an offender who, tivithin twee ears of the offenso, previously has br.en conyYUed o t or 1~Ieaded guilty to five ar n~orc violations of that nature is guilty of a felony of the faurih degree and shall be prosecuted under appropriate state Iaw. E, An offender who previously leas been convicted of or pleaded guilty to a violation of Ohio lt.C, X51 I.19(A) that was a felony, regardless of when the violation and the ennylction ar guilty plez occurred, is guilty oFa felony ol'the third degree and sha11 bo prosecuted under appropriate stale law. An offender who is convicted of ar pleads guilty to a violation of subsection (a} o C this section cad who subsecluentty seeks reinstatement of tho driver's ar occ;upational driver's Iicense or permit ar nonresident operating privilege suspended under this section as a result of the conviction or ,gull ty plea shall pay a reinstatement fee as provided in division (F){2) of Ohio TtC, ~S11.I91. If an oi'fcnder is sentenced to a jail term under subsection (lt)(l}D,1, or 2. or (It)(I)C.I. nr 2, of this section and if, within sixty days of sentencing of tl~e offender, the court issues a written finding on the record-that, due to the unavailability of space at the jail where the offender is required to serve the term, the offender will oat be able to begin scxving that term walhin the sixty-day period fallowing the date of sentencing, the court may in7pose an Alternative sentence under this subsection chat includes a term of ]louse arrest with electronic monitoring, wltli CDnttrlUOUS alcohol n]onlt4rlA~ or with both electronic monitoring and caniinuogs alcohol monitoring. As an alternative to a mandatory jail teen of ton consecutive days required by subsection {h)(1~B.I. of this secliozZ, the court, under this subsection, may sentence the offender fo five consecutive days in jail and not Iess than eighteen consecutive days of house arrest with electronic n24nitoring, with ~tirtuoUS alcohol monitoringiar with both clcctranic niFn.Lj~g~ continuous a]co]iol monitoring. Tlin curiiulativ4 total of the five consecutive days in jail and the: period of l3ouse arr~-t with electronic monitoring, continuous aleal~pl,monitoriu~, arbothtynes afinonitorina shalInatexceed six months. ~~ie £tve consecutive clays in jail do ngthave to be secyCd prior to yr consecutively to the period of Douse arrest,