(a) No person, whose driver’s or commercial driver’s license or temporary instruction permit or nonresident’s operating privilege has been suspended or canceled pursuant to R.C. Chapter 4509, shall operate any motor vehicle within this state, or knowingly permit any motor vehicle owned by the person to be operated by another person in the state, during the period of the suspension or cancellation, except as specifically authorized by R.C. Chapter 4509. No person shall operate a motor vehicle within this state, or knowingly permit any motor vehicle owned by the person to be operated by another person in the state, during the period in which the person is required by R.C. § 4509.45 to file and maintain proof of financial responsibility for a violation of R.C. § 4509.101, unless proof of financial responsibility is maintained with respect to that vehicle.
(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 if the person’s driver’s or commercial driver’s license or temporary instruction permit or nonresident operating privilege has been suspended pursuant to R.C. §§ 4509.37 or 4509.40 for nonpayment of a judgment.
(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 either a financial responsibility law suspension at the time of the alleged violation of division (a) above or a nonpayment of judgment suspension 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) Whoever violates division (a) above is guilty of driving under financial responsibility law suspension or cancellation and shall be punished as provided in divisions (d) to (i) of this section. Whoever violates division (b) of this section is guilty of driving under a nonpayment of judgment suspension and shall be punished as provided in divisions (d) to (i) of this section.
(1) Except as otherwise provided in division (d)(2) below, the offense is an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to 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 R.C. § 2929.26; notwithstanding R.C. § 2929.28(A)(2)(a), the offender may be fined up to $1,000; and, notwithstanding R.C. § 2929.27(A)(3), the offender may be ordered pursuant to division (C) of that section 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 R.C. § 2705.02(A) that may be filed in the underlying case.
(2) If, within three years of the offense, the offender previously was convicted of or pleaded guilty to two or more violations of this section, or any combination of two violations of this section or R.C. §§ 4510.11 or 4510.111, or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the first degree.
(e) The offender shall provide the court with proof of financial responsibility as defined in 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 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.
(f) The court may impose a class seven suspension of the offender’s driver’s or commercial driver’s license or permit or nonresident operating privilege from the range of time specified in R.C. § 4510.02(A)(7).
(g) (1) 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 division (a) or (b) of this section or R.C. §§ 4510.11 or 4510.111 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 for 30 days of the vehicle involved in the offense and the impoundment for 30 days of the license plates of that vehicle in accordance with 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 has been convicted of or pleaded guilty to two violations of division (a) or (b) of this section or R.C. §§ 4510.11 or 4510.111, or any combination of two violations of this section or R.C. §§ 4510.11 or 4510.111, or a substantially similar municipal ordinance, the court, in addition to or independent of any other sentence that it imposes on the offender, may order the immobilization for 60 days of the vehicle involved in the offense and the impoundment for 60 days of the license plates of that vehicle in accordance with 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 has been convicted of or pleaded guilty to three or more violations of this section or R.C. §§ 4510.11 or 4510.111, or any combination of three or more violations of this section or R.C. §§ 4510.11 or 4510.111, or a substantially similar municipal ordinance, the court, in addition to or independent of any other sentence that it imposes upon the offender, may order the criminal forfeiture to the state of the vehicle involved in the offense. If title to a motor vehicle that is subject to an order for criminal forfeiture under this division is assigned or transferred and R.C. § 4503.234(B)(2) or (B)(3) 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 automobile dealers association. The proceeds from any fine so imposed shall be distributed in accordance with division (c)(2) of that section.
(h) Any order for immobilization and impoundment under this section shall be issued and enforced in accordance with 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.
(i) An order for criminal forfeiture under this section shall be issued and enforced under R.C. § 4503.234. Upon receipt of a 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 the necessary measures to permit the person to register a vehicle owned or leased by the person or to transfer registration of the vehicle.
(Ord. 07-12, passed 4-12-2012) Penalty, see § 335.99