(a) Except as provided in division (b) below, no person whose driver’s or commercial driver’s license or permit or nonresident operating privilege has been suspended under any provision of the Revised Code, other than R.C. Chapter 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 this state 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.
(b) 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 this state in violation of any restriction of the person’s driver’s or commercial driver’s license or permit imposed under R.C. § 4506.10(D) or under R.C. § 4507.14.
(c) Upon the request or motion of the prosecuting authority, a noncertified copy of the law enforcement automated data system report or a noncertified 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 (a) or (b) 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) above or the person operated a motor vehicle in violation of a restriction at the time of the alleged violation of division (b) above. The person charged with a violation of division (a) or (b) above may offer evidence to rebut this prima facie evidence.
(d) (1) Whoever violates division (a) or (b) 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 nonresident operating privilege from the range specified in R.C. § 4510.02(A)(7).
(2) A. Except as provided in division (d)(2)B. or (d)(2)C. 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 or R.C. §§ 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 R.C. § 4503.233.
B. 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 or R.C. §§ 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 R.C. § 4503.233.
C. 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 R.C. §§ 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.
(e) Any order for immobilization and impoundment under this section shall be issued and enforced under 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.
(f) Any order of criminal forfeiture under this section shall be issued and enforced under 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.
(g) (1) The offender shall provide the court with proof of financial responsibility as defined in R.C. § 4509.01.
(2) 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 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.
(Ord. 12-12, passed 4-12-2012) Penalty, see § 335.99