(A) Driving under suspension or in violation of license restriction.
(1) Except as provided in division (A)(2) below, division (B) below, § 335.074 of this code of ordinances and in Ohio R.C. 4510.111 and 4510.16, no person whose driver’s or commercial driver’s license or permit or non-resident operating privilege has been suspended under any provision of the Revised Code, other than Ohio R.C. Ch. 4509, or under any applicable law in any other jurisdiction in which the person’s license or permit was issued shall operate any motor vehicle upon the public roads and highways or upon any public or private property used by the public for purposes of vehicular travel or parking within the municipality during the period of suspension unless the person is granted limited driving privileges and is operating the vehicle in accordance with the terms of the limited driving privileges.
(2) No person shall operate any motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in the municipality in violation of any restriction of the person’s driver’s or commercial driver’s license or permit imposed under Ohio R.C. 4506.10(D) or 4507.14.
(3) Upon the request or motion of the prosecuting authority, a non-certified copy of the law enforcement automated data system report or a non-certified copy of a record of the Registrar of Motor Vehicles that shows the name, date of birth and Social Security number of a person charged with a violation of divisions (A)(1) or (A)(2) above may be admitted into evidence as prima facie evidence that the license of the person was under suspension at the time of the alleged violation of division (A)(1) above or the person operated a motor vehicle in violation of a restriction at the time of the alleged violation of division (A)(2) above. The person charged with a violation of divisions (A)(1) or (A)(2) above may offer evidence to rebut this prima facie evidence.
(4) (a) Whoever violates divisions (A)(1) or (A)(2) above is guilty of a misdemeanor of the first degree. The court may impose upon the offender a class seven suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license or non-resident operating privilege from the range specified in Ohio R.C. 4510.02(A)(7).
(b) 1. Except as provided in divisions (A)(4)(b)2. or (A)(4)(b)3. below, the court, in addition to any other penalty that it imposes on the offender and if the vehicle is registered in the offender’s name and if, within three years of the offense, the offender previously has been convicted of or pleaded guilty to one violation of this section, Ohio R.C. 4510.11, 4510.111 or 4510.16, or a substantially equivalent municipal ordinance, the court, in addition to or independent of any other sentence that it imposes upon the offender, may order the immobilization of the vehicle involved in the offense for 30 days and the impoundment of that vehicle’s license plates for 30 days in accordance with Ohio R.C. 4503.233.
2. If the vehicle is registered in the offender’s name and if, within three years of the offense, the offender previously has been convicted of or pleaded guilty to two violations of this section, or any combination of two violations of this section, Ohio R.C. 4510.11, 4510.111 or 4510.16, or of a substantially similar municipal ordinance, the court, in addition to any other sentence that it imposes on the offender, may order the immobilization of the vehicle involved in the offense for 60 days and the impoundment of that vehicle’s license plates for 60 days in accordance with Ohio R.C. 4503.233.
3. If the vehicle is registered in the offender’s name and if, within three years of the offense, the offender previously has been convicted of or pleaded guilty to three or more violations of this section, or any combination of three or more violations of this section or Ohio R.C. 4510.11, 4510.111 or 4510.16, or of a substantially similar municipal ordinance, the court, in addition to any other sentence that it imposes on the offender, may order the criminal forfeiture of the vehicle involved in the offense to the state.
(5) Any order for immobilization and impoundment under this section shall be issued and enforced under Ohio R.C. 4503.233 and 4507.02, as applicable. The court shall not release a vehicle from immobilization ordered under this section unless the court is presented with current proof of financial responsibility with respect to that vehicle.
(6) Any order of criminal forfeiture under this section shall be issued and enforced under Ohio R.C. 4503.234. Upon receipt of the copy of the order from the court, neither the Registrar of Motor Vehicles nor a deputy registrar shall accept any application for the registration or transfer of registration of any motor vehicle owned or leased by the person named in the declaration of forfeiture. The period of registration denial shall be five years after the date of the order, unless, during that period, the court having jurisdiction of the offense that led to the order terminates the forfeiture and notifies the registrar of the termination. The registrar then shall take necessary measures to permit the person to register a vehicle owned or leased by the person or to transfer registration of the vehicle.
(7) The offender shall provide the court with proof of financial responsibility as defined in Ohio R.C. 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to § 698.02(F) of this code of ordinances or Ohio R.C. 2929.28 in an amount not exceeding $5,000 for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the vehicle before, during or after committing the offense for which the offender is sentenced under this section.
(ORC 4510.11)
(b) Driving under suspension in violation of other provisions.
(1) No person shall operate any motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in the municipality whose driver’s or commercial driver’s license has been suspended pursuant to Ohio R.C. 2151.354, 2151.87, 2935.27, 3123.58, 4301.99, 4510.032, 4510.22 or 4510.33, or a substantially equivalent municipal ordinance.
(2) Upon the request or motion of the prosecuting authority, a non-certified copy of the law enforcement automated data system report or a non-certified copy of a record of the Registrar of Motor Vehicles that shows the name, date of birth and Social Security number of a person charged with a violation of division (B)(1) above may be admitted into evidence as prima facie evidence that the license of the person was under suspension at the time of the alleged violation of division (B)(1) above. The person charged with a violation of division (B)(1) above may offer evidence to rebut this prima facie evidence.
(3) Whoever violates division (B)(1) above is guilty of driving under suspension and shall be punished as provided in divisions (B)(3)(a) or division (B)(3)(b) below.
(a) Except as otherwise provided in division (B)(3)(b) below, the offense is an unclassified misdemeanor. The offender shall be sentenced pursuant to §§ 698.02 and 698.03 of this code of ordinances or Ohio R.C. 2929.21 to 2929.28; except that, the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to Section 698.02(d) or Ohio R.C. 2929.26; notwithstanding § 698.02(F)(1)(b)1. of this code of ordinances and Ohio R.C. 2929.28(A)(2)(a), the offender may be fined up to $1,000; and, notwithstanding § 698.02(E)(1)(c) of this chapter and Ohio R.C. 2929.27(A)(3), the offender may be ordered pursuant to § 698.02(E)(3) of this chapter or Ohio R.C. 2929.27(C) to serve a term of community service of up to 500 hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under Ohio R.C. 2705.02(A) that may be filed in the underlying case.
(b) If, within three years of the offense, the offender previously was convicted of or pleaded guilty to two or more violations of division (B)(1) above, or any combination of two or more violations of division (B)(1) above, Ohio R.C. 4510.11, 4510.111 or 4510.16, or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the fourth degree, and the offender shall provide the court with proof of financial responsibility as defined in Ohio R.C. 4509.01. If the offender fails to provide that proof of financial responsibility, then in addition to any other penalties provided by law, the court may order restitution pursuant to Ohio R.C. 2929.28 in an amount not exceeding $5,000 for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the vehicle before, during or after committing the offense for which the offender is sentenced under this section.
(ORC 4510.111)
(C) Repeat traffic offender; point system suspension. Any person whose driver’s or commercial driver’s license or permit or non-resident operating privileges are suspended as a repeat traffic offender under Ohio R.C. 4510.037 and who, during the suspension, operates any motor vehicle upon any public roads and highways is guilty of driving under a 12-point suspension, a misdemeanor of the first degree. The court shall sentence the offender to a minimum term of three days in jail. No court shall suspend the first three days of jail time imposed pursuant to this division (C).
(ORC 4510.037(J))
(D) Affirmative defense. It is an affirmative defense to any prosecution brought under this section that the alleged offender drove under suspension, without a valid permit or driver's or commercial driver's license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.
(ORC 4510.04)