513.99 PENALTY; MANDATORY FINES.

   (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

(a)   Notwithstanding the fines otherwise required to be imposed pursuant to Section 501.99 for violations of this chapter and the sentencing criteria provided in Ohio R.C. 2929.22, the court shall impose a mandatory fine for any violation of this chapter as follows:

 

Classification of Misdemeanor	Mandatory Fine
First degree	$1000.00
Second degree	750.00
Third degree	500.00
Fourth degree	250.00
Minor	100.00

 

(b)   The court may impose a fine in addition to a mandatory fine imposed pursuant to subsection (a) hereof if the total of the additional and mandatory fines does not exceed the maximum fine that could be imposed pursuant to Section 501.99.

(c)   The court shall not impose a mandatory fine pursuant to subsection (a) hereof upon an offender who alleges, in an affidavit filed with the court prior to his sentencing, that he is indigent and is unable to pay any mandatory fine imposed pursuant to subsection (a) hereof, if the court determines the offender is an indigent person and is unable to pay the fine. (Ord. 44-92. Passed 4-27-92.)

(d)   In addition to any other penalty imposed for a violation of subsections 513.03, 513.04, 513.05, 513.07, 513.08, 513.11, 513.12 or 513.14 of this chapter, the court shall suspend for not less than six months nor more than five years the driver's or commercial driver's license of any person who is convicted of or has pleaded guilty to a violation of any of the aforesaid subsections of this chapter. If an offender's driver's or commercial driver's license is revoked pursuant to this subsection, the offender, at any time after the expiration of two years from the day on which his sentence was imposed or from the day on which he finally was released from imprisonment under the sentence, whichever is later, may file a motion with the sentencing court requesting termination of the revocation; upon the filing of such a motion and the court's finding of good cause for the termination, the court may terminate the revocation. If the offender is a professionally licensed person or a person who has been admitted to the bar by order of the Supreme Court in compliance with its prescribed and published rules, in addition to any other penalty imposed for a violation of any of the aforesaid subsections of this chapter, the court forthwith shall comply with Ohio R.C. 2925.38.

   (e)   Offender may be required to pay for controlled substance tests.

In addition to the financial sanctions authorized or required under Ohio R.C. 2929.18 and 2929.28 and to any costs otherwise authorized or required under any provision of law, the court imposing sentence upon an offender who is convicted of or pleads guilty to a drug abuse offense may order the offender to pay to the State, Municipal, or County law enforcement agencies that handled the investigation and prosecution all of the costs that the State, Municipal corporation, or County reasonably incurred in having tests performed under Ohio R.C. 2925.51, or in any other manner on any substance that was the basis of, or involved in, the offense to determine whether the substance contained any amount of a controlled substance if the results of the tests indicate that the substance tested contained any controlled substance. No court shall order an offender under this section to pay the costs of tests performed on a substance if the results of the tests do not indicate that the substance tested contained any controlled substance.

   The court shall hold a hearing to determine the amount of costs to be imposed under this section. The court may hold the hearing as part of the sentencing hearing for the offender.
(Ord. 139-07. Passed 11-19-07.)