The Mayor of a Mayor's Court, in addition to or independent of all other penalties provided by law or by ordinance, shall revoke the driver's or commercial driver's license or permit or nonresident operating privilege of any person who is convicted of or pleads guilty to a violation of Ohio R.C. 4511.19, of a Municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a Municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath or urine or suspend the license, permit, or privilege as follows:
(a) If the offender has not been convicted, within five years of the offense and before or after March 16, 1983, of a violation of Ohio R.C. 4511.19, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, of a municipal ordinance relating to operating a motor vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, or of Ohio R.C. 2903.06 or 2903.07 or a municipal ordinance that is substantially similar to Ohio R.C. 2903.07 in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse or alcohol and a drug of abuse, the Mayor shall suspend the offender's driver or commercial driver's license or permit or nonresident operating privilege for not less than ninety days nor more than three years.
(b) The Mayor of a Mayor's Court, in addition to or independent of all other penalties provided by law or by ordinance, may suspend the driver's or commercial driver's license or permit or nonresident operating privilege of any person who violates a requirement or prohibition of the court imposed under subsection (a) hereof or division (I)(1) of Ohio R.C. 2951.01 as follows:
(1) For not more than one year, upon conviction for a first violation of the requirement or prohibition.
(c) Any person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended pursuant to subsections (a) or (b) hereof may file a petition that alleges that the suspension would seriously affect the person's ability to continue his employment. The petition shall be filed in the municipal county, mayor's or in the case of a minor, juvenile court that has jurisdiction over the place of arrest. Upon satisfactory proof that there is reasonable cause to believe that the suspension would seriously affect the person's ability to continue his employment, the judge of the court or Mayor of the Mayor's Court may grant the person occupational driving privileges during the period during which the suspension otherwise would be imposed, except that the judge or Mayor shall not grant occupational driving privileges for employment as a driver of commercial motor vehicles to any person who is disqualified from operating a commercial motor vehicle under Ohio R.C. 4506.16, or during any of the following periods of time:
(1) The first fifteen days of suspension imposed upon an offender whose license, permit or privilege is suspended pursuant to subsection (a) hereof. On the sixteenth day of suspension, the court may grant the offender occupational driving privileges, but the court may provide that the offender shall not exercise his occupational driving privileges unless the vehicles he operates are equipped with ignition interlock devices.
(d) After a driver's or commercial driver's license or permit or nonresident operating privilege has been suspended or revoked pursuant to this section, the Mayor of the Mayor's Court that suspended or revoked the license, permit, or privilege shall cause the offender to deliver to the court the license or permit. The judge, Mayor, or clerk of the court or Mayor's Court, if the license or permit has been suspended or revoked in connection with any of the offenses listed in this section, shall forthwith forward to the registrar the license or permit together with notice of the action of the court.
(e) No judge or Mayor shall suspend the first ninety days of suspension required under subsection (a) hereof. No Mayor shall suspend the revocation required by subsection (b), hereof except that the court shall credit any period of suspension imposed pursuant to Ohio R.C. 4511.191(4511.19.1) against any time of suspension imposed pursuant to subsection (b) hereof.
(f) The Mayor of the Mayor's Court shall credit any time during which an offender was subject to a pretrial suspension of his driver's or commercial driver's license or permit or nonresident operating privileges imposed pursuant to division (K) of Ohio R.C. 4511.191 (4511.19.1) or 4511.193 (4511.19.3) against the time to be served under a related suspension imposed pursuant to this section.
(g) The Mayor shall notify the Bureau of Motor Vehicles of any determinations made, and of any suspension or revocations imposed, pursuant to subsection (b) hereof.
(Ord. 50-91. Passed 8-26-91.)