(a) 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 R.C. § 2151.354, 2151.87, 2935.27, 3123.58, 4301.99, 4510.032 4510.22, or 4510.33.
(b) 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) 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) of this section. The person charged with a violation of division (a) of this section may offer evidence to rebut this prima-facie evidence.
(c) Whoever violates division (a) of this section is guilty of driving under suspension, and shall be punished as provided in division (d) of this section.
(1) Except as otherwise provided in division (d)(2) of this section, the offense is an unclassified misdemeanor. The offender shall be sentenced pursuant to 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 R.C. § 2929.26; notwithstanding division (A)(2)(a) of R.C. § 2929.28, the offender may be fined up to $1,000; and, notwithstanding division (A)(3) of R.C. § 2929.27, the offender may be ordered pursuant to division (C) of that section 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 division (A) of R.C. § 2705.02 that may be filed in the underlying case.
(2) If, within three years of the offense, the offender previously was convicted of or pleaded guilty to two or more violations R.C. § 4510.111, or any combination of two or more violations of R.C. § 4510.11, 4510.111 or 4510.16, or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the fourth degree.
(Ord. 62-13. Passed 3-25-13.)