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§ 73.013 DEPOSIT OF FINE FOR VIOLATION.
   Twenty-five dollars of any fine imposed for a violation of a municipal OVI ordinance shall be deposited into the municipal or county indigent drivers alcohol treatment fund created pursuant to R.C. § 4511.191(H) in accordance with this section and R.C. §§ 733.40, 1901.024(A) and (B), 1901.31(F), or 1907.20(C). Regardless of whether the fine is imposed by a municipal court, a mayor's court, or a juvenile court, if the fine was imposed for a violation of an ordinance of a municipal corporation that is within the jurisdiction of a municipal court, the $25 that is subject to this section shall be deposited into the indigent drivers alcohol treatment fund of the municipal corporation in which is located the municipal court that has jurisdiction over that municipal corporation. Regardless of whether the fine is imposed by a county court, a mayor's court, or a juvenile court, if the fine was imposed for a violation of an ordinance of a municipal corporation that is within the jurisdiction of a county court, the $25 that is subject to this section shall be deposited into the indigent drivers alcohol treatment fund of the county in which is located the county court that has jurisdiction over that municipal corporation. The deposit shall be made in accordance with R.C. §§ 733.40, 1901.024(A) and (B), 1901.31(F), or 1907.20(C).
(Ord. 19-2006, passed 10-4-06)
§ 73.014 PHYSICAL CONTROL OF VEHICLE WHILE UNDER THE INFLUENCE.
   (A)   As used in this section:
      NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION has the same meaning as in R.C. § 4511.19.
      PHYSICAL CONTROL means being in the driver's position of the front seat of a vehicle and having possession of the vehicle's ignition key or other ignition device.
   (B)   No person shall be in physical control of a vehicle if, at the time of the physical control, any of the following apply:
      (1)   The person is under the influence of alcohol, a drug of abuse, or a combination of them.
      (2)   The person's whole blood, blood serum or plasma, breath or urine contains at least the concentration of alcohol specified in R.C. § 4511.19(A)(1)(b), (c), (d), or (e).
      (3)   Except as provided in division (E) of this section, the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the concentration specified in § 73.01(A)(1)(j) or R.C. § 4511.19(A)(1)(j).
   (C)   (1)   In any criminal prosecution or juvenile court proceeding for a violation of this section or a substantially equivalent municipal ordinance, if a law enforcement officer has administered a field sobriety test to the person in physical control of the vehicle involved in the violation and if it is shown by clear and convincing evidence that the officer administered the test in substantial compliance with the testing standards for any reliable, credible, and generally accepted field sobriety tests that were in effect at the time the tests were administered, including, but not limited to, any testing standards then in effect that were set by the National Highway Traffic Safety Administration, all of the following apply:
         (a)   The officer may testify concerning the results of the field sobriety test so administered.
         (b)   The prosecution may introduce the results of the field sobriety test so administered as evidence in any proceedings in the criminal prosecution or juvenile court proceeding.
         (c)   If testimony is presented or evidence is introduced under division (C)(1)(a) or (b) of this section and if the testimony or evidence is admissible under the Rules of Evidence, the court shall admit the testimony or evidence, and the trier of fact shall give it whatever weight the trier of fact considers to be appropriate.
      (2)   Division (C)(1) of this section does not limit or preclude a court, in its determination of whether the arrest of a person was supported by probable cause or its determination of any other matter in a criminal prosecution or juvenile court proceeding of a type described in that division, from considering evidence or testimony that is not otherwise disallowed by division (C)(1) of this section.
   (D)   Whoever violates this section is guilty of having physical control of a vehicle while under the influence, a misdemeanor of the first degree. In addition to other sanctions imposed, the court may impose on 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 R.C. § 4510.02(A)(7).
   (E)   Division (B)(3) of this section does not apply to a person who is in physical control of a vehicle while the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the amount specified in R.C. § 4511.19(A)(1)(j), if both of the following apply:
      (1)   The person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.
      (2)   The person injected, ingested, or inhaled the controlled substance in accordance with the health professional's directions.
(Ord. 19-2006, passed 10-4-06)
§ 73.02 DRIVING COMMERCIAL VEHICLE WITH IMPAIRED ALERTNESS OR ABILITY; USE OF DRUGS.
   (A)   No person shall drive a commercial motor vehicle, as defined in R.C. § 4506.01, or a commercial car or commercial tractor, as defined in R.C. § 4501.01, while the person's ability or alertness is so impaired by fatigue, illness, or other causes that it is unsafe for the person to drive such vehicle. No driver shall use any drug which would adversely affect the person's ability or alertness.
   (B)   No owner, as defined in R.C. § 4501.01, of a commercial motor vehicle, commercial car or commercial tractor, or a person employing or otherwise directing the driver of such vehicle, shall require or knowingly permit a driver in any such condition described in division (A) of this section to drive such vehicle upon any street or highway.
   (C)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to one or more violations of this section or R.C. § 4511.79, or R.C. §§ 4511.63, 4511.76, 4511.761, 4511.762, 4511.764, or 4511.77 or a municipal ordinance that is substantially equivalent to any of those sections, whoever violates this section is guilty of a misdemeanor of the fourth degree.
(R.C. § 4511.79)
§ 73.03 IMMOBILIZING OR DISABLING DEVICE VIOLATION.
   (A)   (1)   No offender who has been granted limited or unlimited driving privileges, during any period that the offender is required to operate only a motor vehicle equipped with an immobilizing or disabling device, shall request or permit any other person to breathe into the device if it is an ignition interlock device or another type of device that monitors the concentration of alcohol in a person's breath or to otherwise start the motor vehicle equipped with the device, for the purpose of providing the offender with an operable motor vehicle.
      (2)   No person shall breathe into an immobilizing or disabling device that is an ignition interlock device or another type of device that monitors the concentration of alcohol in a person's breath or otherwise start a motor vehicle equipped with an immobilizing or disabling device, for the purpose of providing an operable motor vehicle to another person who has been granted limited or unlimited driving privileges under the condition that the person operate only a motor vehicle equipped with an immobilizing or disabling device.
      (3)   No unauthorized person shall tamper with or circumvent the operation of an immobilizing or disabling device.
   (B)   Whoever violates this section is guilty of an immobilizing or disabling device violation, a misdemeanor of the first degree.
(R.C. § 4510.44)
RECKLESS OPERATION
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