1990 040 Ordinance - Laserfiche WebLink

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M.V. ORDINANCE N0. 90 40 Page -4-- C. If, within five years of the offense, the offender has been convicted of or pleaded guilty to two violations 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 alcohol, a drug of abuse, or alcohol and a drug abuse, except as provided in this subparagraph, the court shall sentence the offender to a term of imprisonment of of thirty consecutive days and may sentence the offender to a longer definite term of imprisonment of not more than one year. As an alternative to the term of imprisonment required to be imposed by this subparagraph, but subject to subparagraph (H) hereof, the court may sentence the offender to a term of imprisonment of fifteen consecu- tive days followed immediately by not less than fif- ty-five consecutive days of electronically monitored house arrest as defined in Ohio R.C. 2929.23(A)(3). The fifteen consecutive days of imprisonment and the period of electronically monitored house arrest shall not exceed one year. In addition, the court shall impose ' upon the offender a fine of not less than than five hundred dollars ($500.00) and not more than twenty-five hundred dollars ($2,500). In addition to any other sentence that it imposes the offender, the court shall require the offender to attend an alcohol and drug addiction program authorized by Ohio R.C. 3793.02. The cost of the treatment shall be paid by the offender. If the court determines that the offender is unable to pay the cost of his attendance at the treatment program, the court may order that payment of the cost of the offender's attendance at the treatment program be made from that courts indigent drivers alcohol treatment account. Of the fine imposed pursuant to this subparagraph, one hundred twenty-three dollars ($123.00) shall be paid to the law enforcement agency that primarily was respon- sible 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 to 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. Two hundred twenty-seven dollars ($227.00) of the fine imposed pursuant to this subparagraph shall be paid to