1990 040 Ordinance - Laserfiche WebLink

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M. V. ORDINANCR N0. ~~0-40 Page -2- _- ~ probation for part of the three consecutive days; requires the offender to attend, for that part of the three consecutive days, a driver's intervention program that is certified pursuant to Ohio R.C. 3793.10; and sentences the offender to a term of imprisonment equal to the remainder of the three consecutive days that the offender does not spend attending the drivers' interven- tion program. The court may require the offender, as a condition of probation, to attend and satisfactorily complete any treatment or education programs that comply with the minimum standards adopted pursuant to Ohio R.C. Chapter 3793 by the State Director of Alcohol and Drug Addiction Services, in addition to the required atten- dance at a drivers° intervention program, that the operators of the drivers' intervention program determine that the offender should attend and to report periodi- cally to the court on his progress in the programs. The court also may impose any other conditions of probation on the offender that it considers necessary. Of the fine imposed pursuant to this subparagraph, twenty-five dollars ($25.00) shall be paid to the law enforcement agency that primarily was responsible for the arrest of the offender, as determined by the court that imposes the fine. This share shall be used by the agency to pay only those costs it incurs in enforcing Ohio R.C. 4511.19 or a substantially similar municipal ordinance and in informing the public of the laws governing operation of a motor vehicle while under the influence of alcohol', the dangers of operation of a motor vehicle while under the influence of alcohol, and other information relating to the operation of a motor vehicle and the consumption of alcoholic beverages. Twenty-five dollars ($25.00) of the fine imposed pursu- ant to this subparagraph shall be deposited into the indigent drivers alcohol treatment account of that court, created by the County or Municipality pursuant to Ohio R.C. 4511.191(M). The balance of the fine shall be disbursed as otherwise provided by law. B. If, within five years of the offense, the offender has been convicted of or pleaded guilty to a violation of Ohio R.C. 4511.19, of a municipal ordinance relating to operating a vehicle while under the influence of alco- hol, a drug of abuse, or alcohol and a drug of abuse, of a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the Blood, breath or urine, or of Ohio R.C. 2903.06 or 2903.07 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 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, except as provided in this subpara- graph, the court shall sentence the offender to a term