(a) (1) No person, whose driver's or commercial driver's license or permit, or nonresident's operating privilege has been suspended or revoked pursuant to Ohio R.C. Chapter 4509, shall operate any motor vehicle within this Municipality, or knowingly permit any motor vehicle owned by him or her to be operated by another person in the Municipality, during the period of the suspension or revocation, except as specifically authorized by Ohio R.C. Chapter 4509. No person shall operate a motor vehicle within this Municipality, or knowingly permit any motor vehicle owned by him or her to be operated by any person in this Municipality during the period in which he or she is required by Ohio R.C. 4509.45 to file and maintain proof of financial responsibility for a violation of Ohio R.C. 4509.101, unless proof of financial responsibility is maintained with respect to that vehicle.
(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 this Municipality in violation of any restriction of the person's driver's or commercial driver's license imposed under Ohio R.C. 4506.10(D) or Ohio R.C. 4507.14.
(b) No person, whose driver's or commercial driver's license or permit has been suspended pursuant to Ohio R.C. 4507.16(B), 4511.191 or 4511.196, or any substantially similar municipal ordinance, shall operate any motor vehicle within this Municipality until he or she has paid the license reinstatement fee required pursuant to Ohio R.C. 4511.191(L) and the license or permit has been returned to the person or a new license or permit has been issued to the person.
(c) (1) No person whose driver's or commercial driver's license, or permit or nonresident operating privilege, has been suspended or revoked, under the provisions of this Traffic Code or the Revised Code other than Ohio 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 highways or streets within this Municipality during the period of suspension or within one year after the date of the revocation. No person who has been granted occupational driving privileges by any court shall operate any motor vehicle upon the highways or streets in this Municipality, except in accordance with the terms of the privileges.
(2) No person, whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under Ohio R.C. 4507.16(B) shall operate any motor vehicle upon the highways or streets within this Municipality during the period of suspension. No person who is granted occupational driving privileges by any court shall operate any motor vehicle upon the highways or streets in this Municipality except in accordance with the terms of those privileges.
(d) (1) It is an affirmative defense to any prosecution brought pursuant to this section that the alleged offender drove under suspension or in violation of a restriction because of a substantial emergency, provided no other person was reasonably available to drive in response to the emergency.
(2) It is an affirmative defense to any prosecution brought pursuant to division (a)(1) of this section that the order of suspension resulted from the failure of the alleged offender to respond to a financial responsibility random verification request under Ohio R.C. 4509.101(A)(3)(c) and that, upon a showing of proof of financial responsibility, the alleged offender was in compliance with Ohio R.C. 4509.101(A)(1) at the time of the initial financial responsibility random verification request.
(e) (1) Whoever violates division (a)(2) or (c)(1) of this section is guilty of driving under suspension or revocation, or in violation of license restrictions, a misdemeanor of the first degree. Whoever violates division (b) of this section is guilty of driving without paying a license reinstatement fee, a misdemeanor of the first degree. Except as otherwise provided in Ohio R.C. 4507.162(D), the court in addition to or independent of all other penalties provided by law, may suspend for a period not to exceed one year the driver's or commercial driver's license or permit or nonresident operating privilege of any person who pleads guilty to or is convicted of a violation of this section.
(2) Whoever violates division (c)(2) of this section is guilty of driving under OMVI suspension or revocation and shall be punished as follows:
A. Except as otherwise provided in division (e)(2)B. or C. of this section, driving under OMVI suspension or revocation is a misdemeanor of the first degree, and the court shall sentence that offender to a term of imprisonment of not less than three consecutive days and may sentence the offender pursuant to Ohio R.C. 2929.21 to a longer term of imprisonment. As an alternative to the term of imprisonment required to be imposed by this division, but subject to division (e)(2)F. of this section, the court may sentence the offender to a term of not less than 30 consecutive days of electronically monitored house arrest as defined in Ohio R.C. 2929.23(A)(4). The period of electronically monitored house arrest shall not exceed six months. In addition, the court shall impose upon the offender a fine of not less than two hundred fifty dollars ($250.00) and not more than one thousand dollars ($1,000.00). Regardless of whether the vehicle the offender was operating at the time of the offense is registered in his or her name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to Ohio R.C. 4503.235, shall order the immobilization for 30 days of the vehicle the offender was operating at the time of the offense and the impoundment for 30 days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with Ohio R.C. 4503.233.
B. If, within five years of the offense, the offender has been convicted of or pleaded guilty to one violation of division (c)(2), or a state law or municipal ordinance that is substantially equivalent to that division, driving under OMVI suspension or revocation is a misdemeanor, and the court shall sentence the offender to a term of imprisonment of not less than ten consecutive days and may sentence the offender to a longer definite term of imprisonment of not more than one year. As an alternative to the term of imprisonment required to be imposed by this division, but subject to division (e)(2)F. of this section, the court may sentence the offender to a term of not less than 90 consecutive days of electronically monitored house arrest as defined in Ohio R.C. 2929.23(A)(4). The period of electronically monitored house arrest shall not exceed one year. In addition, the court shall impose upon the offender a fine of not less than five hundred dollars ($500.00) and not more than two thousand five hundred dollars ($2,500.00). Regardless of whether the vehicle the offender was operating at the time of the offense is registered in his or her name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to Ohio R.C. 4503.235, shall order the immobilization for 60 days of the vehicle the offender was operating at the time of the offense and the impoundment for 60 days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with Ohio R.C. 4503.233.
C. If within five years of the offense, the offender has been convicted of or pleaded guilty to two or more violations of division (c)(2), or a state law or municipal ordinance that is substantially equivalent to that division, driving under OMVI suspension or revocation is a misdemeanor. The court shall sentence the offender to a term of imprisonment of not less than 30 consecutive days and may sentence the offender to a longer definite term of imprisonment of not more than one year. The court shall not sentence the offender to a term of electronically monitored house arrest as defined in Ohio R.C. 2929.23(A)(4). In addition, the court shall impose upon the offender a fine of not less than five hundred dollars ($500.00) and not more than two thousand five hundred dollars ($2,500.00). Regardless of whether the vehicle the offender was operating at the time of the offense is registered in his or her name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to Ohio R.C. 4503.235, shall order the criminal forfeiture of the vehicle the offender was operating at the time of the offense. The order of criminal forfeiture shall be issued and enforced in accordance with Ohio R.C. 4503.234. If title to a motor vehicle that is subject to an order for criminal forfeiture under this section is assigned or transferred and Ohio R.C. 4503.234(C)(2) or (C)(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 Auto Dealer's Association. The proceeds from any fine imposed under this division shall be distributed in accordance with Ohio R.C. 4503.234(D)(4).
D. In addition to or independent of all other penalties provided by law or ordinance, the trial judge of any court of record or the Mayor of a Mayor's Court shall suspend for a period not to exceed one year the driver's or commercial driver's license or permit or nonresident operating privilege of any offender who is sentenced under divisions (e)(2)A. through C. of this section.
E. Fifty percent of any fine imposed by a court under division (e)(2)A. through C. of this section shall be deposited into the county indigent drivers alcohol treatment fund or municipal indigent drivers alcohol treatment fund under the control of that court, as created by the County or Municipality pursuant to Ohio R.C. 4511.191(N).
F. No court shall impose the alternative sentence of not less than 30 consecutive days of electronically monitored house arrest permitted to be imposed by division (e)(2)A. of this section, or the alternative sentence of a term of not less than 90 consecutive days of electronically monitored house arrest permitted to be imposed by division (e)(2)B. of this section, unless within 60 days of the date of sentencing, the court issues a written finding, entered into the record, that, due to the unavailability of space at the incarceration facility where the offender is required to serve the term of imprisonment imposed upon him or her, the offender will not be able to begin serving his or her term of imprisonment within the 60-day period following the date of sentencing. If the court issues such a finding, the court may impose the alternative sentence comprised of or including electronically monitored house arrest permitted to be imposed by division (e)(2)A. or B. of this section.
G. An offender sentenced under this section to a period of electronically monitored house arrest shall be permitted work release during such period. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and his or her home or other place specified by the sentencing court and the time actually spent under employment.
H. Suspension of a commercial driver's license under this section shall be concurrent with any period of disqualification under Ohio R.C. 3123.611 or 4506.16 or any period of suspension under Ohio R.C. 3123.58. No person who is disqualified for life from holding a commercial driver's license under Ohio R.C. 4506.16 shall be issued a driver's license under Ohio R.C. Chapter 4507 during the period for which the commercial driver's license was suspended under this section, and no person whose commercial driver's license is suspended under this section shall be issued a driver's license under Ohio R.C. Chapter 4507 during the period of suspension.
(f) Whoever violates division (a)(1) of this section is guilty of driving under financial responsibility law suspension or revocation and shall be punished as provided in divisions (f)(1) through (4) of this section.
(1) Except as otherwise provided in division (f)(2) or (3) of this section, driving under financial responsibility law suspension or revocation is a misdemeanor of the first degree. Regardless of whether the vehicle the offender was operating at the time of the offense is registered in his or her name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to Ohio R.C. 4503.235, shall order the immobilization for 30 days of the vehicle the offender was operating at the time of the offense and the impoundment for 30 days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with Ohio R.C. 4503.233.
(2) If, within five years of the offense, the offender has been convicted of or pleaded guilty to one violation of division (a)(1), or a state law or municipal ordinance that is substantially equivalent to that division, driving under financial responsibility law suspension or revocation is a misdemeanor of the first degree. Regardless of whether the vehicle the offender was operating at the time of the offense is registered in his or her name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to Ohio R.C. 4503.235, shall order the immobilization for 60 days of the vehicle the offender was operating at the time of the offense and the impoundment for 60 days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with Ohio R.C. 4503.233.
(3) If, within five years of the offense, the offender has been convicted of or pleaded guilty to two or more violations of division (a)(1), or a state law or municipal ordinance that is substantially equivalent to that division, driving under financial responsibility law suspension or revocation is a misdemeanor of the first degree. Regardless of whether the vehicle the offender was operating at the time of the offense is registered in his or her name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to Ohio R.C. 4503.235, shall order the criminal forfeiture of the vehicle the offender was operating at the time of the offense. The order of criminal forfeiture shall be issued and enforced in accordance with Ohio R.C. 4503.234. If title to a motor vehicle that is subject to an order for criminal forfeiture under this section is assigned or transferred and Ohio R.C. 4503.234(C)(2) or (C)(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 Auto Dealer's Association. The proceeds from any fine imposed under this division shall be distributed in accordance with Ohio R.C. 4503.234(D)(4).
(4) Except as otherwise provided in Ohio R.C. 4507.162(D), the court, in addition to or independent of all other penalties provided by law, may suspend for a period not to exceed one year the driver or commercial driver's license or permit or nonresident operating privilege of an offender who is sentenced under divisions (f)(1) through (3) of this section.
(5) The court shall not release a vehicle from the immobilization ordered under divisions (f)(1) or (f)(2) of this section unless the court is presented with current proof of financial responsibility with respect to that vehicle.
Statutory reference:
Driving under financial responsibility law suspension or cancellation, see Ohio R.C. 4510.16
Driving under OVI suspension, see Ohio R.C. 4510.14
Driving under suspension or in violation of license restriction, see Ohio R.C. 4510.11
Failure to reinstate license, see Ohio R.C. 4510.21
Operating motor vehicle without valid license, see Ohio R.C. 4510.12