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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 52J <br />(5) If title to a motor vehicle that is subject to an order of criminal forfeiture <br />under this section is assigned or transferred and division (B)(2) or (3) of <br />Ohio R.C. 4503.234 applies, in addition to or independent of any other <br />penalty established by law, the court may fine the offender the value of the <br />vehicle as determined by publications of the national auto dealers <br />association. The proceeds of any fine so imposed shall be distributed in <br />accordance with division (C)(2) of that section. <br />(6) As used in subsection (h) of this section, "electronic monitoring", <br />"mandatory prison term" and "mandatory term of local incarceration" have <br />the same meanings as in Ohio R.C. 2929.01. <br />(i) Vehicle Operation After Underage Alcohol Consumption Penaltv. Whoever <br />violates subsection (b) of this section is guilty of operating a vehicle after underage alcohol <br />consumption and shall be punished as follows: <br />(1) Except as otherwise provided in subsection (i)(2) of this section, the <br />offender is guilty of a misdemeanor of the fourth degree. In addition to any <br />other sanction unposed for the offense, the court shall impose a class six <br />. suspension of the offender's driver's license, commercial driver's license, <br />temporary instruction permit, probationary license, or nonresident operating <br />privilege from the range specified in division (A)(6) of Ohio R.C. 4510.02. <br />(2) If, within one year of the offense, the offender previously has been <br />convicted of or pleaded guilty to one or more violations of subsection (a) <br />or (b) of this section or other equivalent offenses, the offender is guilty of <br />a misdemeanor of the third degree. In addition to any other sanction <br />imposed for the offense, the court shall impose a class four suspension of <br />the offender's driver's license, commercial driver's license, temporary <br />instruction permit, probationary license, or nonresident operating privilege <br />. from the range specified in division (A)(4) of Ohio R.C. 4510.02. <br />(3) If the offender also is convicted of or also pleads guilty to a specification <br />of the type described in Ohio R.C. 2941.1414 and if the court imposes a jail <br />term for the violation of subsection (b) of this section, the court shall <br />impose upon the offender an additional definite jail term pursuant to <br />division (E) of Ohio R.C. 2929.24. (ORC 4511.19) <br />(j) Ph,ysical Control Penaltv. Whoever violates subsection (d) hereof is guilty of <br />having physical control of a vehicle while under the influence, a misdemeanor of the first degree. <br />In addition to other sanctions imposed, the court may impose on the offender a class seven <br />suspension of the offender's driver's license, commercial driver's license, temporary instruction <br />permit, probationary license, or nonresident operating privilege from the range specified in <br />division (A)(7) of Ohio R. C. 4510.02. (ORC 4511.194) <br />(k) Compliance With Ohio R.C. Chapter 3793 Standards. <br />(1) . No court shall sentence an offender to an alcohol treatment program under <br />this section unless the treatment program complies with the minimum <br />- standards for alcohol treatment programs adopted under Ohio R.C. Chapter <br />3793 by the Director of Alcohol and Drug Addiction Services. <br />2006 Replacement
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