CHAPTER 408
Penalties
408.01   Penalties for misdemeanor.
408.02   General Code penalty.
408.03   Violations of Chapter 452.
408.04   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
Ignition interlock devices - see TRAF. 438.29
Definition of "dangerous offender" - see GEN. OFF. 698.01(a)
Definition of "repeat offender" - see GEN. OFF. 698.01(b)
Imposing sentence for misdemeanor - see GEN. OFF. 698.03
Organizational penalties - see GEN. OFF. 698.04 
Multiple sentences - see GEN. OFF. 698.05
 
 
408.01 PENALTIES FOR MISDEMEANOR.
   Unless otherwise specifically provided:
   (a)   Whoever is convicted of or pleads guilty to a misdemeanor, other than a minor misdemeanor, shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section.
   (b)   Terms of imprisonment for misdemeanor shall be imposed as follows:
      (1)   For a misdemeanor of the first degree, not more than 180 days;
      (2)   For a misdemeanor of the second degree, not more than ninety days
      (3)   For a misdemeanor of the third degree, not more than sixty days;
      (4)   For a misdemeanor of the fourth degree, not more than thirty days.
   (c)   Fines for misdemeanor shall be imposed as follows:
      (1)   For a misdemeanor of the first degree, not more than one thousand dollars ($1,000);
      (2)   For a misdemeanor of the second degree, not more than seven hundred fifty dollars ($750.00);
      (3)   For a misdemeanor of the third degree, not more than five hundred dollars ($500.00);
      (4)   For a misdemeanor of the fourth degree, not more than two hundred fifty dollars ($250.00).
   (d)   Whoever is convicted of or pleads guilty to a minor misdemeanor shall be fined not more than one hundred fifty dollars ($150.00).
      (ORC 2929.24; 2929.28)
408.02 GENERAL CODE PENALTY.
   (a)   Predicate Motor Vehicle or Traffic Offenses. Except as otherwise provided in this section, whoever violates any provision of this Traffic Code which is a predicate motor vehicle or traffic offense and for which no other penalty is provided is guilty of a minor misdemeanor. 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, whoever violates such provision is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates such provision is guilty of a misdemeanor of the third degree.
   (b)   Non-Predicate Motor Vehicle or Traffic Offense. Whoever violates any provision of this Traffic Code which is not a predicate motor vehicle or traffic offense and for which no other penalty is provided is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
408.03 VIOLATIONS OF CHAPTER 452.
   Unless specifically provided for otherwise therein, whoever violates or fails to comply with any of the provisions of Chapter 452 shall be subject to a fine of ten dollars ($10.00), provided payment of the same is made within forty-eight hours of the issuance of the citation or said payment is postmarked within forty-eight hours of the citation and mailed to the Clerk of Courts. If payment is made after forty-eight hours but at least twenty-four hours prior to the assigned court date, the citation may be waived for the amount of the court costs only. Such payments shall be deemed a plea of guilty, waiver of court appearance and acknowledgment of conviction of the alleged offense and may be accepted in full satisfaction of the prescribed penalty for such alleged violation. Anyone failing to pay within twenty-four hours of the Court date shall appear in the Olmsted Falls Mayor’s Court on the date specified to answer to the charge.
(Ord. 3-2002. Passed 2-12-02.)
408.04 SUSPENSION OF DRIVER’S LICENSE.
   Except as otherwise provided in Ohio R.C. 4510.07 or in any other provision of the Ohio Revised Code, whenever an offender is convicted of or pleads guilty to a violation of a municipal ordinance that is substantially similar to a provision of the Ohio Revised Code, and a court is permitted or required to suspend a person’s driver’s or commercial driver’s license or permit for a violation of that provision, a court, in addition to any other penalties authorized by law, may suspend the offender’s driver’s or commercial driver’s license or permit or nonresident operating privileges for the period of time the court determines appropriate, but the period of suspension imposed for the violation of the municipal ordinance shall not exceed the period of suspension that is permitted or required to be imposed for the violation of the provision of the Ohio Revised Code to which the municipal ordinance is substantially similar.
(ORC 4510.05)