(a) Except as otherwise provided in subsection (b) or (c) hereof, any person who drives a motor vehicle in this City at a time when his or her privilege to do so has been lawfully suspended or revoked by this State or any other jurisdiction, shall, for the first offense, be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00); for the second offense, such person shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00); for the third and any subsequent offense, such person shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail for a period of not less than thirty days nor more than ninety days, and, shall be fined not less than one hundred and fifty dollars ($150.00) nor more than five hundred dollars ($500.00).
(b) Any person who drives a motor vehicle in this City at a time when his privilege to do so has been lawfully revoked for driving under the influence of alcohol, controlled substances or other drugs, or any combination thereof, or for driving while having an alcoholic concentration in his or her blood of more than eight hundredths of one percent or more, by weight, or for refusing to take a secondary chemical test of blood alcohol content, shall for the first offense, be guilty of a misdemeanor, and upon conviction thereof, shall be confined in jail for a period of not less than thirty days nor more than six months and, shall be fined no less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00); for the second offense, such person shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail for a period of not less than six months nor more than one year, and, shall be fined not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000).
(c) Any person who drives a motor vehicle in this City at a time when his privilege to do so has been lawfully suspended for driving while under the age of twenty-one years with an alcohol concentration in his blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for twenty-four hours or shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or both.
(d) Any order for home detention may be used as an alternative sentence to any period of incarceration required by this section.
(e) Inasmuch as the West Virginia Code limits the powers of a Municipal Judge and the jurisdiction of a Municipal Court, violations of subsections providing for third and subsequent offenses in subsection (a) hereof and for any violation of subsection (b) hereof, shall be prosecuted in the Magistrate Court of Marion County or the Circuit Court of Marion County pursuant to State warrants or upon information or indictment.
(Ord. 1417. Passed 5-27-08.)