(a) Misdemeanor Classifications.
(1) General classification. Whoever violates any provision of this Traffic Code, for which no other penalty is provided, is guilty of one of the following:
A. Except as otherwise provided in subsection (a)(1) hereof, a misdemeanor of the fourth degree.
B. If, within one year of the offense, the offender has been previously convicted of or pleaded guilty to one violation of this Traffic Code for which no other penalty is provided or of any provision of the Ohio Revised Code or of a municipal ordinance that is substantially similar to any such provision of this Traffic Code, misdemeanor of the third degree;
C. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of any provision described in subsection (a)(1)B. hereof, a misdemeanor of the second degree.
(Ord. 2003-11. Passed 5-14-03.)
(Ord. 2003-11. Passed 5-14-03.)
(2) Compliance with order of police officer; fleeing. Whoever violates Section 303.01 is guilty of failure to comply with an order or signal of a police officer. A violation of Section 303.01(a) is a misdemeanor of the first degree. A violation of Section 303.01(b) is a misdemeanor of the first degree, unless the jury or judge as trier of fact finds any one of the following by proof beyond a reasonable doubt:
A. In committing the offense, the offender was fleeing immediately after the commission of a felony;
B. The operation of the motor vehicle by the offender was a proximate cause of serious physical harm to persons or property;
C. The operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property.
(ORC 2921.331)
(3) Leaving junk motor vehicles without permission. Whoever violates Section 303.09 is guilty of a misdemeanor of the fourth degree, and shall also be assessed any costs incurred by the Municipality in disposing of such junk motor vehicle, less any money accruing to the Municipality from such disposal.
(4) Storing junk vehicles with permission. Whoever violates Section 303.10 is guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(5) Providing false information. Whoever violates Section 303.11 is guilty of a misdemeanor of the first degree.
(ORC 4513.99)
(6) Resisting an officer. Whoever violates Section 303.12 is guilty of a misdemeanor of the first degree.
(b) Penalties. Whoever is convicted of or pleads guilty to a violation of this Traffic Code 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.
Classification of | Maximum Term | Maximum |
Misdemeanor | of Imprisonment | Fine |
First degree | 180 days | $1,000.00 |
Second degree | 90 days | 750.00 |
Third degree | 60 days | 500.00 |
Fourth degree | 30 days | 250.00 |
Minor | No imprisonment | 150.00 |
(ORC 2929.24; 2929.28) | ||
(c) Construction Zone Violations. Notwithstanding subsection (b) hereof, upon a finding that any person referred to in subsection (a)(1) hereof or Section 333.99(a) has operated a motor vehicle in a construction zone where a sign was then lawfully posted in violation of this Traffic Code, the court, in addition to all other penalties provided by law, shall impose a fine of two times the usual amount imposed for the violation. No court shall impose a fine of two times the usual amount imposed for the violation upon an offender who alleges, in an affidavit filed with the court prior to his sentencing, that he is indigent and is unable to pay the fine imposed pursuant to this subsection, provided the court determines the offender is an indigent person and is unable to pay the fine.
(ORC 4511.99)