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M.V. ORDINANCE N0. 90~~40` <br />Page -9- <br />or permit or nonresident operating privilege of the <br />offender. <br />3. On a third or subsequent offense within five years of the <br />first offense, the offender is guilty of a misde- <br />meanor. The court shall sentence the offender to a <br />term of imprisonment of not less than thirty consec- <br />utive days and may sentence the offender to a longer <br />definite term or imprisonment of not more than one <br />year. As an alternative to the term of imprisonment <br />required to be imposed by this subparagraph, but <br />subject to subparagraph (B)(6) hereof, the court may <br />sentence the offender to a term of imprisonment of <br />fifteen consecutive days followed immediately by not <br />less than fifty-five consecutive days of electroni- <br />cally monitored house arrest as defined in Ohio R.C. <br />2929.23(A)(3). The fifteen consecutive days of <br />imprisonment and the period of electronically <br />monitored house arrest shall. not exceed one year. <br />In addition, the court shall impose upon the offend- <br />er a fine of not less than five thousand dollars <br />($500.00) and not more than two thousand five <br />hundred dollars ($2,500), 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 />A 4. Fifty percent (50~) of any fine imposed by a court under <br />subparagraph (B) hereof shall. be deposited into the <br />indigent drivers alcohol treatment account of that <br />court, created by the County or the Municipality <br />pursuant to Ohio R.C. 4511.191(M). <br />5. In addition, the court shall, in addition to or <br />independent of all other penalties provided by law, <br />order the immobilization of the vehicle that the <br />offender was operating at the time of the violation. <br />The period of immobilization ordered by a court <br />under this paragraph shall be as follows: <br />a. If the offender has not been convicted of or <br />pleaded guilty to a violation of Section <br />335.07(c)(2) or Ohio R.C. 4507.02(D)(2), the <br />period of immobilization shall be for thirty <br />days; <br />b. If the offender has been convicted of or pleaded <br />guilty to one violation of Section 335.07(c)(2) <br />or Ohio R.C. 4507.02(D)(2), the period of <br />immobilization shall be for sixty days; <br />c. If the offender has been convicted of or pleaded <br />guilty to two or more violations of Section <br />335.07(c)(2) or Ohio R.C. 4507.02(D)(2), the <br />period of immobilization shall be for ninety <br />days. <br />Any vehicle ordered immobilized under this <br />