(a) Any person found guilty of a violation of any provision of this Traffic Code, where another penalty is not otherwise provided for, shall be fined not more than $1,000 or imprisoned not more than six months, or both.
(b) Whoever is convicted of or pleads guilty to a violation of this Traffic Code for which a misdemeanor classification is imposed shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section.
Classification of Misdemeanor | Maximum Term of Imprisonment | Maximum Fine |
First Degree (R.C. § 2929.21) | Six months | $1,000 |
(c) The court of record before which a person is charged with a violation for which points are chargeable by this section shall assess and transcribe to the abstract of conviction that is furnished by the Bureau to the court the number of points chargeable by this section in the correct space assigned on the reporting form. A United States district court that has jurisdiction within this state and before which a person is charged with a violation for which points are chargeable by this section may assess and transcribe to the abstract of conviction report that is furnished by the Bureau the number of points chargeable by this section in the correct space assigned on the reporting form. If the federal court so assesses and transcribes the points chargeable for the offense and furnishes the report to the Bureau, the Bureau shall record the points in the same manner as those assessed and transcribed by a court of record or Mayor’s court.
(d) A court shall assess the fallowing points for an offense based on the following formula:
(3) A violation of R.C. § 4549.02 or 4549.021 or any ordinance requiring the driver of a vehicle to stop and disclose identity at the scene of an accident: six points;
(4) A violation of R.C. § 4511.251 or any ordinance prohibiting street racing; six points;
(5) A violation of R.C. § 4510.037 or any ordinance prohibiting the operation of a motor vehicle while the driver’s or commercial driver’s license is under a 12-point suspension: six points;
(6) A violation of R.C. § 4510.14, or any ordinance prohibiting the operation of a motor vehicle upon the public roads or highways within this state while the driver’s or commercial driver’s license of the person is under suspension and the suspension was imposed under R.C. §§ 4511.19, 4511.191 or 4511.196 or § R.C. 4510.07 due to a conviction for a violation of the municipal OVI or § 333.01 of the municipal code or any ordinance prohibiting the operation of a motor vehicle while the driver’s or commercial driver’s license is under suspension for an OVI offense: six points;
(7) A violation of division (A) of R.C. § 4511.19, or municipal code § 333.01 or any ordinance prohibiting the operation of a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them, or any ordinance substantially equivalent to division (A) of R.C. § 4511.19 prohibiting the operation of a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine: six points;
(8) A violation of R.C. § 2913.03 or § 545.06 of the municipal code that does not involve an aircraft or motorboat or any ordinance prohibiting the operation of a vehicle without the consent of the owner: six points;
(9) Any offense under the motor vehicle laws of this state that is a felony, or any other felony in the commission of which a motor vehicle was used: six points;
(10) A violation of division (B) of R.C. § 4511.19, § 333.01 of the municipal code or any ordinance substantially equivalent to that division prohibiting the operation of a vehicle with a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine: four points;
(11) A violation of R.C. § 4511.20 or § 333.02 of the municipal code or any ordinance prohibiting the operation of a motor vehicle in willful or wanton disregard of the safety of persons or property: four points;
(12) A violation of any law or ordinance pertaining to speed:
A. Notwithstanding divisions (d)(12)B. and (d)(12)C. below, when the speed exceeds the lawful speed limit by 30 mph or more: four points;
B. When the speed exceeds the lawful speed limit of 55 mph or more by more than 10 mph: two points;
C. When the speed exceeds the lawful speed limit of less than 55 mph by more than five mph: two points; and
D. When the speed does not exceed the amounts set forth in divisions (d)(12)A., (d)(12)B. or (d)(12)C. of this section: zero points.
(13) Operating a motor vehicle in violation of a restriction imposed by the state registrar: two points;
(15) With the exception of violations under R.C. § 4510.12 or § 335.02 of the municipal code where no points shall be assessed, all other moving violations reported under this section: two points.
(e) If a person is convicted of or forfeits bail for two or more offenses arising out of the same facts and points are chargeable for each of the offenses, points shall be charged for only the conviction or bond forfeiture for which the greater number of points is chargeable, and, if the number of points chargeable for each offense is equal, only one offense shall be recorded, and points shall be charged only for that offense.
(f) Violations committed while distracted.
(1) As used in this section and each section referenced in division (f)(2) of this section, all of the following apply:
A. “Distracted” means doing either of the following while operating a vehicle:
1. Using a handheld electronic wireless communications device, as defined in R.C. § 4511.204, except when utilizing any of the following:
a. The device’s speakerphone function;
b. A wireless tech- nology standard for exchanging data over short distances;
c. A “voice-operated or hands-free” device that allows the person to use the electronic wireless communications device without the use of either hand except to activate, deactivate, or initiate a feature or function;
d. Any device that is physically or electronically integrated into the motor vehicle.
2. Engaging in any activity that is not necessary to the operation of a vehicle and impairs, or reasonably would be expected to impair, the ability of the operator to drive the vehicle safely.
B. “Distracted” does not include operating a motor vehicle while wearing an earphone or earplug over or in both ears at the same time. A person who so wears earphones or earplugs may be charged with a violation of R.C. § 4511.84, or any substantially equivalent municipal ordinance.
C. “Distracted” does not include conducting any activity while operating a utility service vehicle or a vehicle for or on behalf of a utility, provided that the driver of the vehicle is acting in response to an emergency, power outage, or a circumstance affecting the health or safety of individuals. As used in this division (f)(1)C.:
1. “Utility” means an entity specified in R.C. § 4905.03(A), (C), (D), (E), or (G).
2. “Utility service vehicle” means a vehicle owned or operated by a utility.
(2) If an offender violates R.C. §§ 4511.03, 4511.051, 4511.12, 4511.121, 4511.132, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 4511.451, 4511.46, 4511.47, 4511.54, 4511.55, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.64, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, or 4511.73, or any substantially equivalent municipal ordinance, while distracted and the distracting activity is a contributing factor to the commission of the violation, the offender is subject to the applicable penalty for the violation and, notwithstanding R.C. § 2929.28, is subject to an additional fine of not more than $100 as follows:
A. 1. Subject to Traffic Rule 13, if a law enforcement officer issues an offender a ticket, citation, or summons for a violation of any of the aforementioned sections of the Ohio Revised Code, or any substantially similar municipal ordinance, that indicates that the offender was distracted while committing the violation and that the distracting activity was a contributing factor to the commission of the violation, the offender may enter a written plea of guilty and waive the offender’s right to contest the ticket, citation, or summons in a trial provided that the offender pays the total amount of the fine established for the violation and pays the additional fine of $100.
2. In lieu of payment of the additional fine of $100, the offender instead may elect to attend a distracted driving safety course, the duration and contents of which shall be established by the Ohio Director of Public Safety. If the offender attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of $100, so long as the offender submits to the court both the offender’s payment in full and such written evidence.
B. 1. If the offender appears in person to contest the ticket, citation, or summons in a trial and the offender pleads guilty to or is convicted of the violation, the court, in addition to all other penalties provided by law, may impose the applicable penalty for the violation and may impose the additional fine of not more than $100.
2. If the court imposes upon the offender the applicable penalty for the violation and an additional fine of not more than $100, the court shall inform the offender that, in lieu of payment of the additional fine of not more than $100, the offender instead may elect to attend the distracted driving safety course described in division (f)(2)A. of this section. If the offender elects the course option and attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of not more than $100, so long as the offender submits to the court the offender’s payment and such written evidence.
(R.C. § 4511.991)
(Ord. 05-12, passed 4-12-2012)