2009-080 Ordinance - Laserfiche WebLink

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....:...,. v.wm.,adu.~.s ~+.a.-dA .. .... ..:... «....:.:.a....... - .~..a.w....maw _..._. ....,. _.:,.w+.M~:~x=.w..=.-......w.:..~.. 1~+w..~....., .. ... ,.. ,.. .. . ...._._.. Ordinance No. 2009-80 As an alternative to a mandatory jail term of thirty consecutive days required by subsection (h) (1) C.1. of this section, the court, under this subsection, may sentence the offender to fifteen consecutive days in jail and not less than fifty- five consecutive days of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The cumulative total of the fifteen consecutive days in jail and the period of house arrest with electronic monitoring, continuous alcohol monitoring or both types of monitoring shall not exceed one year. The fifteen consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest. As an alternative to the mandatory jail term of sixty consecutive days required by subsection (h) (1) C.2. of this section, the court, under this subsection, may sentence the offender to thirty consecutive days in jail and not less than one hundred ten consecutive days of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The cumulative total of the thirty consecutive days in jail and the period of house arrest with electronic monitoring, continuous alcohol monitoring, or both types of monitoring shall not exceed one year. The thirty consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest. (4) If an offender's driver's or occupational driver's license or permit or nonresident operating privilege is suspended under subsection (h) of this section and if Ohio R.C. 4510.13 permits the court to grant limited driving privileges, the court may grant the limited driving privileges in accordance with that section. If division (A) (7) of that section requires that the court impose as a condition of the privileges that the offender must display on thc vehicle that is driven subject to the privileges restricted license plates that are issued under Ohio R.C. 4503.231, except as provided in division (B) of that section, the court shall impose that condition as one of the conditions of the limited driving privileges granted to the offender, except as provided in division (B) of Ohio R.C. 4503.231. (5) If title to a motor vehicle that is subject to an order of criminal forfeiture under this section is assigned or transferred and division (B) (2) or (3) of Ohio R.C. 4503.234 applies, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national auto dealers association. The proceeds of any fine so imposed shall be distributed in accordance with division (C) (2) of that section. (6) As used in subsection (h) of this section, "electronic monitoring" , "mandatory prison term" and "mandatory term of local incarceration" have the same meanings as in Ohio R.C. 2929.01. (i) Vehicle Operation After Underage Alcohol Consumption Penalty Whoever violates subsection (b) of this section is guilty of operating a vehicle after underage alcohol consumption and shall be punished as follows: (1) Except as otherwise provided in subsection (i) (2) of this section, the offender is guilty of a misdemeanor of the fourth degree. In addition to any other sanction imposed for the offense, the court shall impose a class six suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(6) of Ohio R.C. 4510.02. 12