2000 033 Ordinance - Laserfiche WebLink

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333.99 TRAFFIC CODE 56D (4) If, within six years of the offense, the offender has been convicted of or pleaded guilty to three or more violations identified in subsection (b)(2) hereof, or if the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C.. 4511.19(A) under circumstances in which the violation was a felony and regardless of when the violation and the conviction or guilty plea occurred, the offender is guilty of a felony and shall be prosecuted under appropriate State law. (5) A. Except as otherwise provided in paragraph (6), (7) or (8) hereof, the offender is guilty of a misdemeanor of the first degree, and the court shall sentence the offender to one of the following: 1. A term of imprisonment of at least three consecutive days and a requirement that the offender attend, for three consecutive days, a drivers' intervention program that is certified pursuant to Ohio R.C. 3793.10. 2. If the court determines that the offender is not conducive to treatment in the program, if the offender refuses to attend the program, or if the place of imprisonment can provide a drivers' intervention program, a term of unprisonment of at least six consecutive days. B. In addition, the court shall impose upon the offender a fine of not less than two hundred fifty ~ dollars ($250.00) and not more than one thousand dollars ($1,000). 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 Director of Alcohol and Drug Addiction Services, in addition to the required attendance at a drivers' intervention program, that the operators of the drivers' intervention program determine that the offender should attend and to report periodically to the court on the offender's progress in the programs. The court also may impose any other conditions of probation on the offender that it considers necessary. (6) Except as otherwise provided in paragraph (8) hereof and except as provided in this paragraph, if, within six years of the offense, the offender has been convicted of or pleaded guilty to one violation identified in subsection (b)(2) hereof, the offender is guilty of a misdemeanor of the first degree, and the court shall sentence the offender to a term of imprisonment of twenty consecutive days and may sentence the offender pursuant to Section 303.99(b) to a longer term of imprisonment. As an alternative to the term of imprisonment required to be imposed by this paragraph, but subject to paragraph (12) hereof, the court may impose upon the offender a sentence consisting of both a term of imprisonment of ten consecutive days and not less than thirty-six consecutive days of electronically monitored house arrest as defined in Ohio R.C. 2929.23(A). The ten consecutive days of imprisonment and the period of electronically monitored house arrest shall not exceed six months. The ten consecutive days of imprisonment do not have'to be served prior to or consecutively with the period of electronically monitored house arrest. 2000 Replacement