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§ 436.035 DRIVING WITH PROBATIONARY LICENSE.
   (a)   (1)   A.   No holder of a probationary driver’s license who has held the license for less than 12 months shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking between the hours of midnight and 6:00 a.m. unless the holder is accompanied by the holder’s parent or guardian.
         B.   No holder of a probationary driver’s license who has held the license for 12 months or longer shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking between the hours of 1:00 a.m. and 5:00 a.m. unless the holder is accompanied by the holder’s parent or guardian.
      (2)   A.   Subject to division (c)(1) of this section, division (a)(1)A. of this section does not apply to the holder of a probationary driver’s license who is doing either of the following:
            1.   Traveling to or from work between the hours of midnight and 6:00 a.m., provided that the holder has in the holder’s immediate possession written documentation from the holder’s employer.
            2.   Traveling to or from an official function sponsored by the school the holder attends between the hours of midnight and 6:00 a.m., provided that the holder has in the holder’s immediate possession written documentation from an appropriate official of the school;
            3.   Traveling to or from an official religious event between the hours of midnight and 6:00 a.m., provided that the holder has in the holder’s immediate possession written documentation from an appropriate official affiliated with the event.
         B.   Division (a)(1)B. of this section does not apply to the holder of a probationary driver’s license who is doing either of the following:
            1.   Traveling to or from work between the hours of 1:00 a.m. and 5:00 a.m., provided that the holder has in the holder’s immediate possession written documentation from the holder’s employer.
            2.   Traveling to or from an official function sponsored by the school the holder attends between the hours of 1:00 a.m. and 5:00 a.m., provided that the holder has in the holder’s immediate possession written documentation from an appropriate official of the school;
            3.   Traveling to or from an official religious event between the hours of 1:00 a.m. and 5:00 a.m., provided that the holder has in the holder’s immediate possession written documentation from an appropriate official affiliated with the event.
      (3)   An employer, school official, or official affiliated with a religious event is not liable in damages in a civil action for any injury, death, or loss to person or property that allegedly arises from, or is related to, the fact that the employer, school official, or official affiliated with a religious event provided the holder of a probationary driver’s license with the written documentation described in division (a)(2) of this section. The Registrar of Motor Vehicles shall make available at no cost a form to serve as the written documentation described in division (a)(2) of this section, and employers, school officials, officials affiliated with religious events, and holders of probationary driver’s licenses may utilize that form or may choose to utilize any other written documentation to meet the requirements of that division.
      (4)   No holder of a probationary driver’s license who has held the license for less than 12 months shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking with more than one person who is not a family member occupying the vehicle unless the probationary license holder is accompanied by the probationary license holder’s parent, guardian, or custodian.
   (b)   It is an affirmative defense to a violation of division (a)(1)A. or (a)(1)B. of this section if, at the time of the violation, an emergency existed that required the holder of the probationary driver’s license to operate a motor vehicle in violation of division (a)(1)A. or (a)(1)B. of this section or the holder was an emancipated minor.
   (c)   (1)   If a person is issued a probationary driver’s license prior to attaining the age of 17 years and the person pleads guilty to, is convicted of, or is adjudicated in juvenile court of having committed a moving violation during the six-month period commencing on the date on which the person is issued the probationary driver’s license, the court with jurisdiction over the violation may order that the holder must be accompanied by the holder’s parent or guardian whenever the holder is operating a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking for a period not to exceed six months or the date the holder attains the age of 17 years, whichever occurs first.
      (2)   Any person who is subject to the operating restrictions established under division (c)(1) of this section as a result of a first moving violation may petition the court for driving privileges without being accompanied by the holder’s parent or guardian during the period of time determined by the court under that division. In granting the driving privileges, the court shall specify the purposes of the privileges and shall issue the person appropriate forms setting forth the privileges granted. If a person is convicted of, pleads guilty to, or is adjudicated in juvenile court of having committed a second or subsequent moving violation, the court with jurisdiction over the violation may terminate any driving privileges previously granted under this division.
      (3)   No person shall violate any operating restriction imposed under division (c)(1) or (c)(2) of this section.
   (d)   No holder of a probationary license shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking unless the total number of occupants of the vehicle does not exceed the total number of occupant restraining devices originally installed in the motor vehicle by its manufacturer, and each occupant of the vehicle is wearing all of the available elements of a properly adjusted occupant restraining device.
   (e)   A restricted license may be issued to a person who is 14 or 15 years of age under proof of hardship satisfactory to the Registrar of Motor Vehicles.
   (f)   Notwithstanding any other provisions of law to the contrary, no law enforcement officer shall cause the operator of a motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether each occupant of the motor vehicle is wearing all of the available elements of a properly adjusted occupant restraining device as required by division (d) of this section, or for the sole purpose of issuing a ticket, citation or summons if that requirement has been or is being violated, or for causing the arrest of or commencing a prosecution of a person for a violation of that requirement.
   (g)   Notwithstanding any other provision of law to the contrary, no law enforcement officer shall cause the operator of a motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether a violation of division (a)(1)A. or (a)(1)B. of this section has been or is being committed or for the sole purpose of issuing a ticket, citation or summons for such a violation or for causing the arrest or commencing a prosecution of a person for such a violation.
   (h)   As used in this section:
      (1)   “Family member” of a probationary license holder includes any of the following:
         A.   A spouse;
         B.   A child or stepchild;
         C.   A parent, stepparent, grandparent, or parent-in-law;
         D.   An aunt or uncle;
         E.   A sibling, whether of the whole or half blood or by adoption, a brother- in-law, or a sister-in-law;
         F.   A son or daughter of the probationary license holder’s stepparent if the stepparent has not adopted the probationary license holder;
         G.   An eligible adult, as defined in Ohio R.C. 4507.05.
      (2)   “Moving violation” means any violation of any statute or ordinance that regulates the operation of vehicles on the highways or streets. “Moving violation” does not include a violation of Ohio R.C. 4513.263 or a substantially equivalent municipal ordinance, or a violation of any statute or ordinance regulating pedestrians or the parking of vehicles, vehicle size or load limitations, vehicle fitness requirements, or vehicle registration.
      (3)   “Occupant restraining device” has the same meaning as in Ohio R.C. 4513.263.
   (i)   Whoever violates divisions (a)(1), (a)(4), (c)(3), or (d) of this section is guilty of a minor misdemeanor.
(ORC 4507.071(B) - (J))
§ 436.04 CERTAIN ACTS PROHIBITED.
   (a)   No person shall do any of the following:
      (1)   Display or cause or permit to be displayed, or possess any identification card, driver’s or commercial driver’s license, temporary instruction permit, or commercial driver’s license temporary instruction permit knowing the same to be fictitious, or to have been canceled, suspended, or altered;
      (2)   Lend to a person not entitled thereto, or knowingly permit a person not entitled thereto to use any identification card, driver’s or commercial driver’s license, temporary instruction permit or commercial driver’s license temporary instruction permit issued to the person so lending or permitting the use thereof;
      (3)   Display, or represent as one’s own, any identification card, driver’s or commercial driver’s license, temporary instruction permit, or commercial driver’s license temporary instruction permit not issued to the person so displaying the same;
      (4)   Fail to surrender to the Registrar of Motor Vehicles, upon the Registrar’s demand, any identification card, driver’s or commercial driver’s license, temporary instruction permit, or commercial driver’s license temporary instruction permit that has been suspended or canceled;
      (5)   In any application for an identification card, driver's or commercial driver's license, temporary instruction permit or commercial driver's license temporary instruction permit or any renewal, reprint, or duplicate thereof, knowingly conceal a material fact or present any physician's statement required under R.C. § 4507.08 or 4507.081 when knowing the same to be false or fictitious.
   (b)   Whoever violates any division of this section is guilty of a misdemeanor of the first degree.
(R.C. § 4507.30)
§ 436.05 OWNER OR OPERATOR ALLOWING ANOTHER TO DRIVE.
   (a)   No person shall permit a motor vehicle owned by the person or under the person’s control to be driven by another if any of the following apply:
      (1)   The offender knows or has reasonable cause to believe that the other person does not have a valid driver’s or commercial driver’s license or permit or valid nonresident driving privileges.
      (2)   The offender knows or has reasonable cause to believe that the other person’s driver’s or commercial driver’s license or permit or nonresident operating privileges have been suspended or canceled under Ohio R.C. Chapter 4510 or any other provision of the Revised Code.
      (3)   The offender knows or has reasonable cause to believe that the other person’s act of driving the motor vehicle would violate any prohibition contained in Ohio R.C. Chapter 4509.
      (4)   The offender knows or has reasonable cause to believe that the other person’s act of driving would violate Ohio R.C. 4511.19 or any substantially equivalent municipal ordinance.
      (5)   The offender knows or has reasonable cause to believe that the vehicle is the subject of an immobilization waiver order issued under R.C. 4503.235 and the other person is prohibited from operating the vehicle under that order.
   (b)   Without limiting or precluding the consideration of any other evidence in determining whether a violation of division (a)(1), (a)(2), (a)(3), (a)(4) or (a)(5) of this section has occurred, it shall be prima facie evidence that the offender knows or has reasonable cause to believe that the operator of the motor vehicle owned by the offender or under the offender's control is in a category described in division (a)(1), (a)(2), (a)(3), (a)(4) or (a)(5) of this section if any of the following applies:
      (1)   Regarding an operator allegedly in the category described in division (a)(1), (a)(3) or (a)(5) of this section, the offender and the operator of the motor vehicle reside in the same household and are related by consanguinity or affinity.
      (2)   Regarding an operator allegedly in the category described in division (a)(2) of this section, the offender and the operator of the motor vehicle reside in the same household, and the offender knows or has reasonable cause to believe that the operator has been charged with or convicted of any violation of law or ordinance, or has committed any other act or omission, that would or could result in the suspension or cancellation of the operator’s license, permit, or privilege.
      (3)   Regarding an operator allegedly in the category described in division (a)(4) of this section, the offender and the operator of the motor vehicle occupied the motor vehicle together at the time of the offense.
   (c)   Whoever violates this section is guilty of wrongful entrustment of a motor vehicle, and shall be punished as provided in divisions (c) to (h) of this section.
      (1)   Except as provided in division (c)(2) of this section, whoever violates division (a)(1), (a)(2), or (a)(3) of this section is guilty of an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to § 698.02, § 698.03 or Ohio 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 § 698.02(d) or Ohio R.C. 2929.26; notwithstanding § 698.02(f)(1)B.1. and Ohio R.C. 2929.28(A)(2)(a), the offender may be fined up to one thousand dollars ($1,000); and, notwithstanding § 698.02(e)(1)C. and Ohio R.C. 2929.27(A)(3), the offender may be ordered pursuant to § 698.02(e)(3) or Ohio R.C. 2929.27(C) 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 Ohio R.C. 2705.02(A) that may be filed in the underlying case.
      (2)   A.   If, within three years of a violation of division (a)(1), (a)(2), or (a)(3) of this section, the offender previously has pleaded guilty to or been convicted of two or more violations of division (a)(1), (a)(2), or (a)(3) of this section, Ohio R.C. 4511.203(A)(1), (a)(2), or (a)(3), or a substantially equivalent municipal ordinance, the offender is guilty of a misdemeanor of the first degree.
         B.   Whoever violates division (a)(4) or (a)(5) of this section is guilty of a misdemeanor of the first degree.
      (3)   For any violation of this section, in addition to the penalties imposed under this Code or Ohio R.C. Chapter 2929, the court may impose a class seven suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in Ohio R.C. 4510.02(A)(7), and, if the vehicle involved in the offense is registered in the name of the offender, the court may order one of the following:
         A.   Except as otherwise provided in division (c)(3)B. or (c)(3)C. of this section, the court may order, for 30 days, the immobilization of the vehicle involved in the offense and the impoundment of that vehicle’s license plates. If issued, the order shall be issued and enforced under Ohio R.C. 4503.233.
         B.   If the offender previously has been convicted of or pleaded guilty to one violation of this section, Ohio R.C. 4511.203, or a substantially equivalent municipal ordinance, the court may order, for 60 days, the immobilization of the vehicle involved in the offense and the impoundment of that vehicle’s license plates. If issued, the order shall be issued and enforced under Ohio R.C. 4503.233.
         C.   If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, Ohio R.C. 4511.203, or a substantially equivalent municipal ordinance, the court may order the criminal forfeiture to the state of the vehicle involved in the offense. If issued, the order shall be issued and enforced under Ohio R.C. 4503.234.
      (4)   If title to a motor vehicle that is subject to an order for criminal forfeiture under division (c)(3)C. of this section is assigned or transferred and Ohio 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 imposed under this division shall be distributed in accordance with Ohio R.C. 4503.234(C)(2).
   (d)   If a court orders the criminal forfeiture of a vehicle under division (c)(3)A. or (c)(3)B. of this section, the court shall not release the vehicle from the immobilization before the termination of the period of immobilization ordered unless the court is presented with current proof of financial responsibility with respect to that vehicle.
   (e)   If a court orders the criminal forfeiture of a vehicle under division (c)(3)C. of this section, upon receipt of the order from the court, neither the Registrar of Motor Vehicles nor any 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 order. The period of denial shall be five years after the date the order is issued, unless, during that five-year period, the court with jurisdiction of the offense that resulted in the order terminates the forfeiture and notifies the Registrar of the termination. If the court terminates the forfeiture and notifies the Registrar, the Registrar shall take all necessary measures to permit the person to register a vehicle owned or leased by the person or to transfer the registration of the vehicle.
   (f)   This section does not apply to motor vehicle rental dealers or motor vehicle leasing dealers, as defined in Ohio R.C. 4549.65.
   (g)   Evidence of a conviction of, plea of guilty to, or adjudication as a delinquent child for a violation of this section shall not be admissible as evidence in any civil action that involves the offender or delinquent child who is the subject of the conviction, plea, or adjudication and that arises from the wrongful entrustment of a motor vehicle.
   (h)   For purposes of this section, a vehicle is owned by a person if, at the time of a violation of this section, the vehicle is registered in the person’s name.
(ORC 4511.203)
§ 436.06 DISPLAY OF LICENSE.
   (a)   The operator of a motor vehicle shall display the operator’s driver’s license, or furnish satisfactory proof that the operator has a driver’s license, upon demand of any peace officer or of any person damaged or injured in any collision in which the licensee may be involved. When a demand is properly made, and the operator has the operator’s driver’s license on or about the operator’s person, the operator shall not refuse to display the license. A person’s failure to furnish satisfactory evidence that the person is licensed under Ohio R.C. Chapter 4507 when the person does not have the person’s license on or about the person’s person shall be prima facie evidence of the person’s not having obtained a driver’s license.
   (b)   (1)   Except as provided in division (b)(2) of this section, whoever violates this section is guilty of an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to § 698.02, § 698.03 or Ohio 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 § 698.02(d) or Ohio R.C. 2929.26; notwithstanding § 698.02(f)(1)B.1. and Ohio R.C. 2929.28(A)(2)(a), the offender may be fined up to one thousand dollars ($1,000); and notwithstanding § 698.02(e)(1)C. and Ohio R.C. 2929.27(A)(3), the offender may be ordered pursuant to § 698.02(e)(3) or Ohio R.C. 2929.27(C) 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 Ohio R.C. 2705.02(A) that may be filed in the underlying case.
      (2)   If, within three years of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of this section, Ohio R.C. 4507.35, or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the first degree.
(ORC 4507.35)
§ 436.07 DRIVING UNDER SUSPENSION OR REVOCATION OR WITHOUT PROOF OF FINANCIAL RESPONSIBILITY OR IN VIOLATION OF LICENSE RESTRICTIONS. (REPEALED)
   ( Editor’s note: Section 436.07 was repealed as part of the 2004 updating and revision of these Codified Ordinances because substantially equivalent state law (Ohio R.C. 4507.02(B) - (H)) was repealed by the Ohio General Assembly. See §§ 436.071 through 436.075 for current provisions.)
§ 436.071 DRIVING UNDER SUSPENSION OR IN VIOLATION OF LICENSE RESTRICTION.
   (a)   Driving under suspension or in violation of license restriction.
      (1)   Except as provided in division (a)(2) of this section, division (b) of this section, § 436.074 and in Ohio R.C. 4510.111 and 4510.16, no person whose driver’s or commercial driver’s license or permit or nonresident operating privilege has been suspended under any provision of 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 public roads and highways or upon any public or private property used by the public for purposes of vehicular travel or parking within this municipality during the period of suspension unless the person is granted limited driving privileges and is operating the vehicle in accordance with the terms of the limited driving privileges.
      (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 or permit imposed under Ohio R.C. 4506.10(D) or 4507.14.
      (3)   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)(1) or (a)(2) of this section may be admitted into evidence as prima facie evidence that the license of the person was under suspension at the time of the alleged violation of division (a)(1) of this section or the person operated a motor vehicle in violation of a restriction at the time of the alleged violation of division (a)(2) of this section. The person charged with a violation of division (a)(1) or (a)(2) of this section may offer evidence to rebut this prima facie evidence.
      (4)   A.   Whoever violates division (a)(1) or (a)(2) of this section is guilty of a misdemeanor of the first degree. The court may impose upon the offender a class seven suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in Ohio R.C. 4510.02(A)(7).
         B.   1.   Except as provided in division (a)(4)B.2. or (a)(4)B.3. of this section, the court, in addition to any other penalty that it imposes on the offender and 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 this section, Ohio R.C. 4510.11, 4510.111 or 4510.16, 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 of the vehicle involved in the offense for 30 days and the impoundment of that vehicle’s license plates for 30 days in accordance with Ohio 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 previously has been convicted of or pleaded guilty to two violations of this section, or any combination of two violations of this section, Ohio R.C. 4510.11, 4510.111 or 4510.16, or of a substantially similar municipal ordinance, the court, in addition to any other sentence that it imposes on the offender, may order the immobilization of the vehicle involved in the offense for 60 days and the impoundment of that vehicle’s license plates for 60 days in accordance with Ohio 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 previously has been convicted of or pleaded guilty to three or more violations of this section, or any combination of three or more violations of this section or Ohio R.C. 4510.11, 4510.111 or 4510.16, or of a substantially similar municipal ordinance, the court, in addition to any other sentence that it imposes on the offender, may order the criminal forfeiture of the vehicle involved in the offense to the state.
      (5)   Any order for immobilization and impoundment under this section shall be issued and enforced under Ohio 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.
      (6)   Any order of criminal forfeiture under this section shall be issued and enforced under Ohio R.C. 4503.234. Upon receipt of the 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 necessary measures to permit the person to register a vehicle owned or leased by the person or to transfer registration of the vehicle.
      (7)   The offender shall provide the court with proof of financial responsibility as defined in Ohio 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 § 698.02(f) or Ohio R.C. 2929.28 in an amount not exceeding five thousand dollars ($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.
(ORC 4510.11)
   (b)   Driving under suspension in violation of other provisions.
      (1)   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 whose driver’s or commercial driver’s license has been suspended pursuant to Ohio R.C. 2151.354, 2151.87, 2935.27, 3123.58, 4301.99, 4510.032, 4510.22, or 4510.33, or a substantially equivalent municipal ordinance.
      (2)   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 (b)(1) of this section may be admitted into evidence as prima facie evidence that the license of the person was under suspension at the time of the alleged violation of division (b)(1) of this section. The person charged with a violation of division (b)(1) of this section may offer evidence to rebut this prima facie evidence.
      (3)   Whoever violates division (b)(1) of this section is guilty of driving under suspension and shall be punished as provided in division (b)(3)A. or division (b)(3)B. of this section.
         A.   Except as otherwise provided in division (b)(3)B. of this section, the offense is an unclassified misdemeanor. The offender shall be sentenced pursuant to § 698.02, § 698.03 or Ohio 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 § 698.02(d) or Ohio R.C. 2929.26; notwithstanding § 698.02(f)(1)B.1. and Ohio R.C. 2929.28(A)(2)(a), the offender may be fined up to one thousand dollars ($1,000); and, notwithstanding § 698.02(e)(1)C. and Ohio R.C. 2929.27(A)(3), the offender may be ordered pursuant to § 698.02(e)(3) or Ohio R.C. 2929.27(C) 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 Ohio R.C. 2705.02(A) that may be filed in the underlying case.
         B.   If, within three years of the offense, the offender previously was convicted of or pleaded guilty to two or more violations of division (b)(1) of this section, or any combination of two or more violations of division (b)(1) of this section, Ohio R.C. 4510.11, 4510.111 or 4510.16, or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the fourth degree, and 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 five thousand dollars ($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.
(ORC 4510.111)
   (c)   Repeat traffic offender; point system suspension. Any person whose driver’s or commercial driver’s license or permit or nonresident operating privileges are suspended as a repeat traffic offender under Ohio R.C. 4510.037 and who, during the suspension, operates any motor vehicle upon any public roads and highways is guilty of driving under a 12-point suspension, a misdemeanor of the first degree. The court shall sentence the offender to a minimum term of three days in jail. No court shall suspend the first three days of jail time imposed pursuant to this division.
(ORC 4510.037(J))
   (d)   It is an affirmative defense to any prosecution brought under this section that the alleged offender drove under suspension, without a valid permit or driver’s or commercial driver’s license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.
(R.C. § 4510.04)
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