1994 048 Ordinance - Laserfiche WebLink

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56A DUI; Willful Misconduct; Speed 333.99 333.99 PENALTY. (a) General Classification; Speeding Exceptions. (1) Whoever violates any provision of this chapter for which no other penalty is provided, is guilty of one of the following: A. If the offender has not been previously convicted of or pleaded guilty to a violation of this Traffic Code for which no other penalty is provided or of any provision of the Ohio Revised Code or of a , municipal ordinance that is substantially similar to any such provision of this Traffic Code, a minor misdemeanor; B. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one violation of any provision described in subsection (a)(1)A. hereof, a misdemeanor of the fourth degree; C. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to twa or more violations of any provision described in subsection (a)(1)A. hereof, a misdemeanor of the third degree. (2) When any person is found guilty of a first offense for a violation of Section 333.03 upon a finding that he operated a motor vehicle faster than thirty-five miles an hour in a business district, or faster than fifty nniles an hour in other portions, or faster than thirty-five miles an hour while passing through a school zone during recess or while children are going to or leaving school during the opening or closing hours, such person is guilty of a misdemeanor of the fourth degree. (ORC 4511.99) (b) Driving Under the Influence. Whoever violates Section 333.01(a), in addition to the license suspension or revocation provided in Ohio R.C. 4507.16, and any disqualification imposed under Ohio R.C. 4506.16, shall be punished as provided in paragraph (1), (2), (3) or (4) below. The court, in addition to and independent of any sentence that it imposes upon the offender for a violation of Section 333.01(a), shall order the immobilization of the vehicle and innpoundment of the license plates or forfeiture of the vehicle as provided in Ohio R.C. 4511.193: (1) If, within five years of the offense, the offender has not been convicted or or pleaded guilty to any violation of Ohio R.C. 4511.19(A) or (B), a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, a municipal ordiriance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath or urine, Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in Division (D) of that section, or Ohio R.C. 2903.06, 2903.07 or 2903.08 or a municipal ordinance that is substantially similar to Ohio R.C. 2903.07 in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the offender is guilty of a misdemeanor of the first degree and the court shall sentence the offender to a term of imprisonment of three consecu- tive days and may sentence the offender pursuant to Section 303.99(b) to a longer term of imprisonment. In addition, the court shall impose upon the offender a fine of not less than two hundred dollars ($200.00) and not more than one thousand dollars ($1,000). 1994 Replacement