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M.V. ORDINANCE N0. 90-40 <br />Page -8-- <br />seventy-two consecutive hours.(ORC 4511.991) <br />(a)(4) Physical control; drag racing. Whoever violates Section <br />333.01(d),(e) or 333.07 is guilty of a misdemeanor of the <br />first degree. (ORC 4511.99) <br />(a)(5) Licensing. <br />A. Whoever violates Section 335.01(a)(1) or (3) by operating <br />a motor vehicle when his driver's or commercial driver's <br />license has been expired for no more than six months is <br />guilty of a minor misdemeanor. <br />B. 1. Whoever violates Section 335.07(c)(2) is guilty of <br />a misdemeanor of the first degree on a first <br />offense. The court shall sentence the offender to a <br />term of imprisonment of not less than three <br />consecutive days and may sentence the offender <br />pursuant to Section 303.99(b) hereof to a longer <br />term of imprisonment. As an alternative to the term <br />of imprisonment required to be imposed by this <br />paragraph, but subject to subparagraph (B)(6) <br />hereof, the court may sentence the offender to a <br />term of not less than thirty consecutive days of <br />electronically monitored house arrest as defined in <br />Ohio R.C. 2929.23(A)(3). The period of <br />electronically monitored house arrest shall. not <br />exceed six months. In addition, the court shall <br />impose upon the offender a fine of not less than two <br />hundred fifty dollars ($250.00) and not more than <br />one thousand dollars ($1,000), and the court shall <br />suspend for a period not to exceed one year the <br />driver's or commercial driver's license or permit or <br />nonresident operating privilege of the offender. <br />2. On a second offense within five years of the first <br />offense, the offender is guilty of a misdemeanor. <br />The court shall sentence .the offender to a term of <br />imprisonment of not less than ten consecutive days <br />and may sentence the offender to a longer definite <br />term of imprisonment of not more than one year. As <br />an alternative to the term of imprisonment required <br />to be imposed by this paragraph, but subject to <br />subparagraph (B)(6) hereof, the court may sentence <br />the offender to a term of not less than ninety <br />consecutive days of electronically monitored house <br />arrest as defined in Ohio R.C. 2929.23(A)(3). The <br />period of electronically monitored house arrest <br />shall not exceed one year. In addition, the court <br />shall impose upon the offender a fine of not less <br />than five hundred dollars ($500.00) and not more <br />than two thousand five hundred dollars ($2,500), and <br />the court 'shall suspend for a period not to exceed <br />one year the driver's or commercial driver's license <br />