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2006 035 Ordinance
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2006 035 Ordinance
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Last modified
11/19/2018 4:03:36 PM
Creation date
8/29/2018 5:45:51 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
035
Date
8/28/2006
Year
2006
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333.01 TRAFFIC CODE 52H <br />(2) <br />(3) <br />4. In all cases, a class three license suspension of the offender's <br />driver's license, commercial driver's license, temporary <br />instruction permit, probationary license, or nonresident <br />operating privilege from the range specified in division <br />(A)(3) of Ohio R.C. 4510.02. The court may grant limited <br />driving privileges relative to the suspension under Ohio <br />R.C. 4510.021 and 4510.13. (ORC 4511.19) <br />5. In all cases, if the vehicle is registered in the offender's <br />name, criminal forfeiture of the vehicle involved in the <br />offense in accordance with Ohio R.C. 4503.234. Subsection <br />(h)(5) of this section applies regarding any vehicle that is <br />subject to an order of cruninal forfeiture under this <br />subsection. (ORC 4511.193) <br />6. In all cases, participation in an alcohol and drug addiction <br />program authorized by Ohio R.C. 3793.02, subject to <br />subsection (k) of this section. <br />D. Except as otherwise provided in subsection (h)(1)E. of this section, <br />an offender who, within six years of the offense, previously has <br />been convicted of or pleaded guilty to three or four violations of <br />subsection (a) or (b) of this section or other equivalent offenses or <br />an offender who, within twenty years of the offense, previously has <br />been convicted of or pleaded guilty to five or more violations of that <br />nature is guilty of a felony of the fourth degree and shall be <br />prosecuted under appropriate state law. <br />E. An offender who previously has been convicted of or pleaded guilty <br />to a violation of Ohio R. C. 4511.19(A) that was a felony, regardless <br />of when the violation and the conviction or guilty plea occurred, is <br />guilty of a felony of the third degree and shall be prosecuted under <br />appropriate state law. <br />An offender who is convicted of or pleads guilty to a violation of subsection <br />(a) of this section and who subsequently seeks reinstatement of the driver's <br />or occupational driver's license or permit or nonresident operating privilege <br />suspended under this section as a result of the conviction or guilty plea shall <br />pay a reinstatement fee as provided in division (F)(2) of Ohio R.C. <br />4511.191. <br />If an offender is sentenced to a jail term under subsection (h)(1)B.1. or 2. <br />or (h)(1)C.1. or 2. of this section and if, within sixty days of sentencing of <br />the offender, the court issues a written finding on the record that, due to the <br />unavailability of space at the jail where the offender is required to serve the <br />term, the offender will not be able to begin serving that term within the <br />sixty-day period following the date of sentencing, the court may impose an <br />alternative sentence under this subsection that includes a term of house <br />arrest with electronic monitoring, with continuous alcohol monitoring, or <br />with both electronic monitoring and continuous alcohol monitoring. <br />2006 Replacement
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