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335.99 TRAFFIC CODE 64 <br />335.99 PENALTYo <br />(EDITOR'S NOTE: See Section 303.99 for general Traffic Code penalty and <br />penalties applicable to misdemeanor classifications.) <br />(a) Licensing. <br />(1) Whoever violates Section 335.01(a)(1) or (3) by operating a motor vehicle <br />when his driver's or commercial driver's license has been expired for <br />no more than six months is guilty of a minor misdemeanor. <br />(2) Whoever violates Section 335.05 is guilty of permitting the operation <br />of a vehicle by a person with no legal right to operate a vehicle, a <br />misdemeanor of the first degree. <br />(3) Whoever violates Section 335.07(a)(1) is guilty of driving under financial <br />responsibility law suspension or revocation, a misdemeanor of the first <br />degree. <br />The court, in addition to and independent of any sentence that it imposes <br />upon the offender for a violation of Section 335.07(a)(1), shall order the <br />immobilization of the vehicle and impoundment of the license plates or <br />forfeiture of the vehicle as provided in Ohio R.C. 4507.361. <br />Except as otherwise provided in Ohio R.C. 4507.162(D), the court, in <br />addition to or independent of all other penalties provided by law, may <br />suspend for a period not to exceed one year the driver's or commercial <br />driver's license or permit or nonresident operating privilege of an offender <br />who is sentenced under paragraph (3) hereof. <br />(4) Whoever violates Section 335.07(a)(2) or (c)(1) is guilty of driving under <br />suspension or revocation or in violation of license restrictions, a misde- <br />meanor of the first degree. Whoever violates Section 335.07(b) is <br />guilty of driving without paying a license reinstatement fee, a misde- <br />meanor of the first degree. Except as otherwise provided in Ohio R.C. <br />4507.1620, the court, in addition to or independent of all other penalties <br />provided by law, may suspend for a period not to exceed one year the <br />driver`s or commercial driver°s license or permit or nonresident operating <br />privilege of any person who pleads guilty to or is convicted of a violation <br />of Section 335.07(a)(2), (b) or (c)(1). <br />(5) Whoever violates Section 335.07(c)(2) is guilty of driving under OMVI <br />suspension or revocation and shall be punished as provided in subsection <br />(a)(5) hereof. The court, in addition to and independent of any sentence <br />that it imposes upon the offender for a violation of Section 335.07(c)(2), <br />shall order the immobilization of the vehicle and impoundment of the <br />license plates or forfeiture of the vehicle as provided in Ohio R.C. <br />4507.361. <br />A. If, within five years of the offense, the offender has not been <br />convicted of or pleaded guilty to any 'violation of Ohio R.C. <br />4507.02(D)(2) or a municipal ordinance that is substantially equiva- <br />lent to that division, driving under OMVI suspension or revocation is <br />a misdemanor of the first degree and the court shall sentence <br />the offender to a term of imprisonment of not less than three <br />consecutive days and may sentence the offender pursuant to Section <br />303.99(b) to a longer term of imprisonment. As an alternative <br />1994 Replacement