§ 436.071  DRIVING UNDER SUSPENSION OR IN VIOLATION OF LICENSE RESTRICTION.
   (a)   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.
   (b)   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.
   (c)   (1)   A.   Except as provided in subsection (c)(1)B. hereof, whoever violates subsection (a) hereof, is guilty of driving under suspension, a misdemeanor of the first degree. The court shall impose upon the offender a class seven license 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.   If the offender's driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under Ohio R.C. 3123.58, 4510.22, a violation of subsection (a) hereof, is an unclassified misdemeanor. The offender may be fined up to one thousand dollars ($1,000) and pursuant to Ohio R.C. 2929.27(B), additionally may be ordered to serve a term of community service up to 500 hours. If the offender previously was convicted of or pleaded guilty to two or more violations of this section, Ohio R.C. 4510.11 or a substantially equivalent municipal ordinance within the past three years, the offense is a misdemeanor of the first degree.
      (2)   Except as provided in division (c)(3) or (4) 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, shall order the immobilization of the vehicle involved in the offense for 30 days in accordance with Ohio R.C.4503.233 and the impoundment of that vehicle’s license plates for 30 days.
      (3)   If the offender previously has been convicted of or pleaded guilty to one violation of Ohio R.C. 4510.11, this section, or of a substantially equivalent municipal ordinance, the court, in addition to any other sentence that it imposes on the offender and if the vehicle is registered in the offender’s name, shall order the immobilization of the vehicle involved in the offense for 60 days in accordance with Ohio R.C. 4503.233 and the impoundment of that vehicle’s license plates for 60 days.
      (4)   If the offender previously has been convicted of or pleaded guilty to two or more violations of Ohio R.C. 4510.11, this section, or of a substantially equivalent municipal ordinance, the court, in addition to any other sentence that it imposes on the offender and if the vehicle is registered in the offender’s name, shall order the criminal forfeiture of the vehicle involved in the offense to the state.
   (d)   Any order for immobilization and impoundment under this section shall be issued and enforced under Ohio R.C. 4503.233. 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.
   (e)   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.
   (f)   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.
(Ord. O2010-22, passed 3-16-2010)
Statutory reference:
   State provisions concerning driving under suspension, see R.C. §§ 4510.04, 4510.11