408.01 Penalties for misdemeanor.
408.02 General Code penalty.
408.03 Penalty for violations of Chapter 436 (Licensing; Accidents). (Repealed)
408.04 Penalty for violations of Chapter 440 (Commercial and Heavy Vehicles).
408.05 Suspension or revocation of license by trial judge.
408.06 Suspension of driver's license.
CROSS REFERENCES
See section histories for similar State law
Definition of “imprisoned” - see Ohio R.C. 1.05
Satisfaction of fine; credit for time served - see Ohio R.C. 2947.14
Criteria for probation; conditions for probation - see Ohio R.C. 2951.02
Definition of “dangerous offender” - see GEN. OFF. 698.01
Definition of “repeat offender” - see GEN. OFF. 698.01
Imposing sentence for misdemeanor - see GEN. OFF. 698.03
Organizational penalties - see GEN. OFF. 698.04
Multiple sentences - see GEN. OFF. 698.05
Whoever is convicted of or pleads guilty to a misdemeanor, or minor misdemeanor shall be sentenced in accordance with Section 698.02.
(a) Whoever violates any provision of this Traffic Code for which no penalty otherwise is provided in the section violated is guilty of one of the following:
(1) Except as otherwise provided in division (b) or (c) of this section, a minor misdemeanor;
(2) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, a misdemeanor of the fourth degree;
(3) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more predicate motor vehicle or traffic offenses, a misdemeanor of the third degree.
(ORC 4511.99)
(b) Violations committed while distracted.
(1) As used in this section and each section referenced in division (b)(2) of this section, all of the following apply:
A. “Distracted” means doing either of the following while operating a vehicle:
1. Using an electronic wireless communications device, as defined in R.C. § 4511.204, in violation of that section.
2. Engaging in any activity that is not necessary to the operation of a vehicle and impairs, or reasonably would be expected to impair, the ability of the operator to drive the vehicle safely.
B. “Distracted” does not include operating a motor vehicle while wearing an earphone or earplug over or in both ears at the same time. A person who so wears earphones or earplugs may be charged with a violation of Ohio R.C. 4511.84, or any substantially equivalent municipal ordinance.
C. “Distracted” does not include conducting any activity while operating a utility service vehicle or a vehicle for or on behalf of a utility, provided that the driver of the vehicle is acting in response to an emergency, power outage, or a circumstance affecting the health or safety of individuals. As used in this division (b)(1)C.:
1. “Utility” means an entity specified in Ohio R.C. 4905.03(A), (C), (D), (E), or (G).
2. “Utility service vehicle” means a vehicle owned or operated by a utility.
(2) If an offender violates Ohio R.C. 4511.03, 4511.051, 4511.12, 4511.121, 4511.132, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 4511.451, 4511.46, 4511.47, 4511.54, 4511.55, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.64, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, or 4511.73, or any substantially equivalent municipal ordinance, while distracted and the distracting activity is a contributing factor to the commission of the violation, the offender is subject to the applicable penalty for the violation and, notwithstanding Ohio R.C. 2929.28, is subject to an additional fine of not more than $100 as follows:
A. 1. Subject to Traffic Rule 13, if a law enforcement officer issues an offender a ticket, citation, or summons for a violation of any of the aforementioned sections of the Ohio Revised Code, or any substantially equivalent municipal ordinance, that indicates that the offender was distracted while committing the violation and that the distracting activity was a contributing factor to the commission of the violation, the offender may enter a written plea of guilty and waive the offender’s right to contest the ticket, citation, or summons in a trial provided that the offender pays the total amount of the fine established for the violation and pays the additional fine of $100.
2. In lieu of payment of the additional fine of $100, the offender instead may elect to attend a distracted driving safety course, the duration and contents of which shall be established by the Ohio Director of Public Safety. If the offender attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of $100, so long as the offender submits to the court both the offender’s payment in full and such written evidence within 90 days of the underlying violation that resulted in the imposition of the additional fine under division (b) of this section.
B. 1. If the offender appears in person to contest the ticket, citation, or summons in a trial and the offender pleads guilty to or is convicted of the violation, the court, in addition to all other penalties provided by law, may impose the applicable penalty for the violation and may impose the additional fine of not more than $100.
2. If the court imposes upon the offender the applicable penalty for the violation and an additional fine of not more than $100, the court shall inform the offender that, in lieu of payment of the additional fine of not more than $100, the offender instead may elect to attend the distracted driving safety course described in division (b)(2)A. of this section. If the offender elects the course option and attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of not more than $100, so long as the offender submits to the court the offender’s payment and such written evidence within 90 days of the underlying violation that resulted in the imposition of the additional fine under division (b) of this section.
(3) If a law enforcement officer issues an offender a ticket, citation, or summons for a violation of any of the sections of the Revised Code listed in division (b)(2) of this section that indicates that the offender was distracted while committing the violation and that the distracting activity was a contributing factor to the commission of the violation, the officer shall do both of the following:
A. Report the issuance of the ticket, citation, or summons to the officer’s law enforcement agency;
B. Ensure that such report indicates the offender’s race.
(R.C. § 4511.991)
EDITOR'S NOTE: Section 408.03 was repealed as part of the 2001 updating and revision of the Codified Ordinances. See the individual sections of Chapter 436 for misdemeanor classifications.
(a) Whoever violates any of the weight provisions of Chapter 440 shall be fined eighty dollars ($80.00) for the first 2,000 pounds, or fraction thereof, of overload; for overloads in excess of 2,000 pounds, but not in excess of 5,000 pounds, such person shall be fined one hundred dollars ($100.00) and, in addition thereto, one dollar ($1.00) per 100 pounds of overload; for overloads in excess of 5,000 pounds, but not in excess of 10,000 pounds, such person shall be fined one hundred thirty dollars ($130.00) and, in addition thereto, two dollars ($2.00) per 100 pounds of overload, or imprisoned not more than thirty days, or both. For all overloads in excess of 10,000 pounds, such person shall be fined one hundred sixty dollars ($160.00) and, in addition thereto, three dollars ($3.00) per 100 pounds of overload, or imprisoned not more than thirty days, or both. Whoever violates the weight provisions of vehicle and load relating to gross load limits shall be fined not less than one hundred dollars ($100.00). No penalty prescribed in this section shall be imposed on any vehicle combination if the overload on any axle does not exceed 1,000 pounds, and if the immediately preceding or following axle, excepting the front axle of the vehicle combination, is underloaded by the same or a greater amount. For purposes of this section, two axles on one vehicle less than eight feet apart shall be considered as one axle.
(b) Whoever violates any other provision of Chapter 440 not dealing with weight of load of vehicles, for which no penalty is otherwise provided, shall be fined not more than twenty-five dollars ($25.00) for a first offense; for a second offense within one year thereafter, such person shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00), or imprisoned not more than ten days, or both; for a subsequent offense within one year after the first offense, such person shall be fined not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00), or imprisoned not more than thirty days, or both.
(c) Whoever violates Section 440.03 shall be fined not more than twenty-five dollars ($25.00).
(Ord. 89-54. Passed 10-12-89.)
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