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(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.
(ORC 4510.44)
(a) As used in this section:
(1) “First-time offender” means a person whose driver's license or commercial driver's license or permit or nonresident operating privilege has been suspended for being convicted of, or pleading guilty to, an OVI offense under any of the following:
A. Ohio R.C. 4511.19(G)(1)(a) or (H)(1);
B. Ohio R.C. 4510.07 for a municipal OVI offense when the offense is equivalent to an offense under Ohio R.C. 4511.19(G)(1)(a) or (H)(1);
C. Ohio R.C. 4510.17(B) or (D) when the offense is equivalent to an offense under Ohio R.C. 4511.19(G)(1)(a) or (H)(1).
(2) “OVI offense” means a violation of Ohio R.C. 4511.19 or a violation of a substantially similar municipal ordinance or law of another state or the United States.
(3) “Unlimited driving privileges” means driving privileges that are unrestricted as to purpose, time, and place, but that are subject to any other reasonable conditions imposed by a court under division (c)(2) of this section.
(b) A first-time offender may file a petition for unlimited driving privileges with a certified ignition interlock device during the period of suspension imposed for an OVI offense in the same manner and in the same venue as the person is permitted to apply for limited driving privileges.
(c) (1) With regard to a first-time offender, in any circumstance in which a court is authorized to grant limited driving privileges under Ohio R.C. 4510.021, 4510.13, or 4510.17 during the period of suspension, as applicable, the court may instead grant unlimited driving privileges with a certified ignition interlock device. No court shall grant unlimited driving privileges with a certified ignition interlock device during any period, or under any circumstance, that the court is prohibited from granting limited driving privileges.
(2) All of the following apply when a court grants unlimited driving privileges with a certified ignition interlock device to a first-time offender:
A. 1. The court shall issue an order authorizing the first-time offender to operate a motor vehicle only if the vehicle is equipped with a certified ignition interlock device, except as provided in Ohio R.C. 4510.43(C). The order may include any reasonable conditions other than conditions that restrict the driving privileges in terms of purpose, time, or place.
2. The court shall provide to the first-time offender a copy of the order and a notice that the first-time offender is subject to the sanctions specified in division (e) of this section.
3. The court also shall submit a copy of the order to the registrar of motor vehicles.
B. The court may reduce the period of suspension imposed by the court by an amount of time not greater than half the period of suspension.
C. The court shall suspend any jail term imposed for the OVI offense. The court shall retain jurisdiction over the first-time offender until the expiration of the period of suspension imposed for the OVI offense and, if the offender violates any term or condition of the order during the period of suspension, the court shall require the first-time offender to serve the jail term.
(d) (1) A first-time offender shall present to the registrar or to a deputy registrar an order issued under this section and a certificate affirming the installation of a certified ignition interlock device that is in a form established by the director of public safety and that is signed by the person who installed the device. Upon presentation of the order and certificate to the registrar or a deputy registrar, the registrar or deputy registrar shall issue the offender a restricted license, unless the offender's driver's or commercial driver's license or permit is suspended under any other provision of law and limited driving privileges have not been granted with regard to that suspension. A restricted license issued under this division shall be identical to an Ohio driver's license, except that it shall have printed on its face a statement that the offender is prohibited from operating any motor vehicle that is not equipped with a certified ignition interlock device.
(2) A. No person who has been granted unlimited driving privileges with a certified ignition interlock device under this section shall operate a motor vehicle prior to obtaining a restricted license. Any person who violates this prohibition is subject to the penalties prescribed in Ohio R.C. 4510.14.
B. The offense established under division (d)(2)A. of this section is a strict liability offense and Ohio R.C. 2901.20 does not apply.
(e) If a first-time offender has been granted unlimited driving privileges with a certified ignition interlock device under this section and the first-time offender either commits an ignition interlock device violation as defined under Ohio R.C. 4510.46 or the first-time offender operates a motor vehicle that is not equipped with a certified ignition interlock device, the following applies:
(1) On a first violation, the court may require the first-time offender to wear a monitor that provides continuous alcohol monitoring that is remote.
(2) On a second violation, the court shall require the first-time offender to wear a monitor that provides continuous alcohol monitoring that is remote for a minimum of 40 days.
(3) On a third or subsequent violation, the court shall require the first-time offender to wear a monitor that provides continuous alcohol monitoring that is remote for a minimum of 60 days.
(4) With regard to any instance, the judge may increase the period of suspension and the period during which the first-time offender must drive a motor vehicle equipped with a certified ignition interlock device in the same manner as provided in Ohio R.C. 4510.13(A)(8)(c). The limitation under Ohio R.C. 4510.46(E) applies to an increase under division (e)(4) of this section.
(5) If the instance occurred within 60 days of the end of the suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege and the court does not increase the period of the suspension under division (e)(4) of this section, the court shall proceed as follows:
A. Issue an order extending the period of suspension and the period of time during which the first-time offender must drive a vehicle equipped with a certified ignition interlock device so that the suspension terminates 60 days from the date the offender committed that violation.
B. 1. For each violation subsequent to a violation for which an extension was ordered under division (e)(5)A. of this section, issue an order extending the period of suspension and the period of time during which the first-time offender must drive a vehicle equipped with a certified ignition interlock device so that the suspension terminates 60 days from the date the offender committed that violation.
2. The registrar of motor vehicles is prohibited from reinstating a first-time offender's license unless the applicable period of suspension has been served and no ignition interlock device violations have been committed within the 60 days prior to the application for reinstatement.
(f) (1) With respect to an order issued under this section, the judge shall impose an additional court cost of two dollars fifty cents ($2.50) upon the first-time offender. The judge shall not waive this payment unless the judge determines that the first-time offender is indigent and waives the payment of all court costs imposed upon the indigent first-time offender. The clerk of court shall transmit 100 percent of this mandatory court cost collected during a month on or before the twenty-third day of the following month to the State treasury to be credited to the State Highway Safety fund created under Ohio R.C. 4501.06. The Department of Public Safety shall use the amounts collected to cover costs associated with maintaining the habitual OVI/OMWI offender registry created under Ohio R.C. 5502.10.
(2) A judge may impose an additional court cost of two dollars fifty cents ($2.50) upon the first-time offender. The clerk of court shall retain this discretionary two dollar fifty cent ($2.50) court cost, if imposed. The clerk shall deposit it in the court's special projects fund that is established under Ohio R.C. 2303.201(E)(1), Ohio R.C. 1901.26(B)(1), or Ohio R.C. 1907.24(B)(1).
(ORC 4510.022)
(a) (1) No person shall operate a vehicle on any street or highway without due regard for the safety of persons or property.
(b) (1) No person shall operate a vehicle on any public or private property other than streets or highways, without due regard for the safety of persons or property.
(2) No person shall operate a vehicle on any street or highway in willful or wanton disregard of the safety of persons or property.
(c) Except as otherwise provided in this division, whoever violates any provision of this section 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 any provision of this section 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 any provision of this section is guilty of a misdemeanor of the third degree.
(ORC 4511.20)
(d) No person shall operate a vehicle on any public or private property other than streets or highways, in willful or wanton disregard of the safety of person or property.
(e) This division does not apply to the competitive operation of vehicles on public or private property when the owner of such property knowingly permits such operation thereon.
(ORC 4511.201; Ord. 21-83. Passed 3-14-83.)
(a) No person shall operate a motor vehicle at a speed greater or less than is reasonable or proper, having due regard for the traffic, surface, and width of the street or highway and any other conditions, and no person shall drive any motor vehicle in and upon any street or highway at a greater speed than will permit him or her to bring it to a stop within the assured clear distance ahead.
(b) It is prima facie lawful, in the absence of a lower limit declared or established pursuant to this section by the Director of Transportation or local authorities, for the operator of a motor vehicle to operate the same at a speed not exceeding the following:
(1) A. Twenty miles per hour in school zones during school recess and while children are going to or leaving school during the opening or closing hours, and when 20 miles per hour school speed limit signs are erected, except that on controlled-access highways and expressways, if the right- of-way line fence has been erected without pedestrian opening, the speed shall be governed by division (b)(4) of this section, and on freeways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by divisions (b)(10) and (b)(11) of this section. The end of every school zone may be marked by a sign indicating the end of the zone. Nothing in this section or in the Manual and Specifications for a Uniform System of Traffic-Control Devices shall be construed to require school zones to be indicated by signs equipped with flashing or other lights, or giving other special notice of the hours in which the school zone speed limit is in effect.
B. As used in this section, “school” means all of the following:
1. Any school chartered under R.C. § 3301.16;
2. Any nonchartered school that during the preceding year filed with the Department of Education in compliance with O.A.C. 3301-35-08, a copy of the school’s report for the parents of the school’s pupils certifying that the school meets state minimum standards for nonchartered, nontax-supported schools and presents evidence of this filing to the jurisdiction from which it is requesting the establishment of a school zone;
3. Any special elementary school that in writing requests the County Engineer to create a school zone at the location of the school. Upon receipt of the written request, the County Engineer shall create a school zone at that location by erecting appropriate signs;
4. Any preschool education program operated by an educational service center that is located on a street or highway with a speed limit of 45 miles per hour or more, when the educational service center in writing requests that the County Engineer create a school zone at the location of that program. Upon receipt of such a written request, the County Engineer shall create a school zone at that location by erecting the appropriate signs.
C. As used in this section, “school zone” means that portion of a street or highway passing a school fronting upon the street or highway that is encompassed by projecting the school property lines to the fronting street or highway, and also includes that portion of a State highway. Upon request from local authorities for streets and highways under their jurisdiction and that portion of a State highway under the jurisdiction of the Director of Transportation or a request from a County Engineer in the case of a school zone for a special elementary school, the Director may extend the traditional school zone boundaries. The distances in divisions (b)(1)C.1. through 3. below shall not exceed 300 feet per approach per direction, and are bounded by whichever of the following distances or combination thereof the Director approves as most appropriate:
1. The distance encompassed by projecting the school building lines normal to the fronting highway and extending a distance of 300 feet on each approach direction;
2. The distance encompassed by projecting the school property lines intersecting the fronting highway and extending a distance of 300 feet on each approach direction;
3. The distance encompassed by the special marking of the pavement for a principal school pupil crosswalk plus a distance of 300 feet on each approach direction of the highway.
D. Nothing in this section shall be construed to invalidate the Director's initial action on August 9, 1976, establishing all school zones at the traditional school zone boundaries defined by projecting school property lines, except when those boundaries are extended as provided in divisions (b)(1)A. and (b)(1)C. of this section.
E. As used in this division, “crosswalk” has the meaning given that term in Ohio R.C. 4511.01(LL)(2).
F. The Director may, upon request by resolution of the Legislative Authority and upon submission by the Municipality of such engineering, traffic, and other information as the Director considers necessary, designate a school zone on any portion of a State route lying within the Municipality that includes a crosswalk customarily used by children going to or leaving a school during recess and opening and closing hours, whenever the distance, as measured in a straight line, from the school property line nearest the crosswalk to the nearest point of a crosswalk is no more than 1,320 feet. Such a school zone shall include the distance encompassed by the crosswalk and extending 300 feet in each appropriate direction of the State route.
G. As used in this section, “special elementary school” means a school that meets all of the following:
1. It is not chartered and does not receive tax revenue from any source.
2. It does not educate children beyond the eighth grade.
3. It is located outside the limits of a municipal corporation.
4. A majority of the total number of students enrolled at the school are not related by blood.
5. The principal or other person in charge of the special elementary school annually sends a report to the superintendent of the school district in which the special elementary school is located indicating the total number of students enrolled at the school, but otherwise the principal or other person in charge does not report any other information or data to the superintendent.
(2) Twenty-five miles per hour in all other portions of the Municipality, except on state routes outside business districts, through highways outside business districts, and alleys;
(3) Thirty-five miles per hour on all state routes or through highways within the Municipality outside business districts, except as provided in divisions (b)(4) and (6) of this section;
(4) Fifty miles per hour on controlled-access highways and expressways within the municipality, except as provided in divisions (b)(12), (b)(13), (b)(14), (b)(15), and (b)(16) of this section;
(5) Fifty-five miles per hour on highways outside the municipality, other than highways within island jurisdictions as provided in division (b)(8) of this section, highways as provided in divisions (b)(9) and (b)(10) of this section, and highways, expressways and freeways as provided in divisions (b)(12), (b)(13), (b)(14), and (b)(16) of this section;
(6) Fifty miles per hour on state routes within the municipality outside urban districts unless a lower prima facie speed is established as further provided in this section;
(7) Fifteen miles per hour on all alleys within the municipality;
(8) Thirty-five miles per hour on highways outside the municipality that are within an island jurisdiction;
(9) Thirty-five miles per hour on through highways, except state routes, that are outside municipal corporations and that are within a national park with boundaries extending through two or more counties;
(10) Sixty miles per hour on two-lane state routes outside municipal corporations as established by the Director under Ohio R.C. 4511.21(H)(2);
(11) Fifty-five miles per hour on freeways with paved shoulders inside the municipality, other than freeways as provided in divisions (b)(14) and (b)(16) of this section;
(12) Sixty miles per hour on rural expressways with traffic control signals and on all portions of rural divided highways, except as provided in divisions (b)(13) and (b)(14) of this section;
(13) Sixty-five miles per hour on all rural expressways without traffic control signals;
(14) Seventy miles per hour on all rural freeways;
(15) Fifty-five miles per hour on all portions of freeways or expressways in congested areas as determined by the Director and that are located within a municipal corporation or within an interstate freeway outerbelt, except as provided in division (b)(16) of this section;
(16) Sixty-five miles per hour on all portions of freeways or expressways without traffic control signals in urbanized areas.
(c) It is prima facie unlawful for any person to exceed any of the speed limitations in divisions (b)(1)A., (b)(2), (b)(3), (b)(4), (b)(6), (b)(7), (b)(8) and (b)(9) of this section or any declared or established pursuant to this section by the Director or local authorities and it is unlawful for any person to exceed any of the speed limitations in division (d) of this section. No person shall be convicted of more than one violation of this section for the same conduct, although violations of more than one provision of this section may be charged in the alternative in a single affidavit.
(d) No person shall operate a motor vehicle upon a street or highway as follows:
(1) At a speed exceeding 55 miles per hour, except upon a two-lane state route as provided in division (b)(10) of this section and upon a highway, expressway or freeway as provided in divisions (b)(12), (b)(13), (b)(14), and (b)(16) of this section;
(2) At a speed exceeding 60 miles per hour upon a two-lane state route as provided in division (b)(10) of this section and upon a highway as provided in division (b)(12) of this section;
(3) At a speed exceeding 65 miles per hour upon an expressway as provided in division (b)(13) of this section or upon a freeway as provided in division (b)(16) of this section, except upon a freeway as provided in division (b)(14) of this section;
(4) At a speed exceeding 70 miles per hour upon a freeway as provided in division (b)(14) of this section;
(5) At a speed exceeding the posted speed limit upon a highway, expressway or freeway for which the Director has determined and declared a speed limit pursuant to Ohio R.C. 4511.21(I)(2) or (L)(2).
(e) Pursuant to Ohio R.C. 4511.21(E), in every charge of violating this section, the affidavit and warrant shall specify the time, place and speed at which the defendant is alleged to have driven, and in charges made in reliance upon division (c) of this section also the speed which division (b)(1)A., (b)(2), (b)(3), (b)(4), (b)(6), (b)(7), (b)(8) or (b)(9) of, or a limit declared or established pursuant to, this section or Ohio R.C. 4511.21 declares is prima facie lawful at the time and place of such alleged violation, except that in affidavits where a person is alleged to have driven at a greater speed than will permit the person him or her to bring the vehicle to stop within the assured clear distance ahead, the affidavit and warrant need not specify the speed at which the defendant is alleged to have driven.
(f) Pursuant to Ohio R.C. 4511.21(F), when a speed in excess of both a prima facie limitation and a limitation in division (d) of this section is alleged, the defendant shall be charged in a single affidavit, alleging a single act, with a violation indicated of both division (b)(1)A., (b)(2), (b)(3), (b)(4), (b)(6), (b)(7), (b)(8) or (b)(9) of this section, or of a limit declared or established pursuant to this section or Ohio R.C. 4511.21 by the Director or local authorities, and of the limitation in division (d) of this section. If the court finds a violation of division (b)(1)A., (b)(2), (b)(3), (b)(4), (b)(6), (b)(7), (b)(8) or (b)(9), or a limit declared or established pursuant to this section or Ohio R.C. 4511.21 has occurred, it shall enter judgment of conviction under such division and dismiss the charge under division (d) of this section. If it finds no violation of division (b)(1)A., (b)(2), (b)(3), (b)(4), (b)(6), (b)(7), (b)(8) or (b)(9) of this section, or a limit declared or established pursuant to, this section or Ohio R.C. 4511.21, it shall then consider whether the evidence supports a conviction under division (d) of this section.
(g) Pursuant to Ohio R.C. 4511.21(G), points shall be assessed for a violation of a limitation under division (d) of this section in accordance with Ohio R.C. 4510.036.
(ORC 4511.21(A) - (G))
(h) Whenever, in accordance with Ohio R.C. 4511.21(H) through (N), the maximum prima facie speed limitations as established herein have been altered, either higher or lower, and the appropriate signs giving notice have been erected as required, operators of motor vehicles shall be governed by the speed limitations set forth on such signs. It is prima facie unlawful for any person to exceed the speed limits posted upon such signs.
(i) As used in this section:
(1) “Commercial bus.” A motor vehicle designed for carrying more than nine passengers and used for the transportation of persons for compensation.
(2) “Divided.” Means a roadway having two or more travel lanes for vehicles moving in opposite directions and that is separated by a median of more than four feet, excluding turn lanes.
(3) “Interstate system.” Has the same meaning as in 23 U.S.C. 101.
(4) “Noncommercial bus.” Includes but is not limited to a school bus, or a motor vehicle operated solely for the transportation of persons associated with a charitable or nonprofit organization.
(5) “Outerbelt.” A portion of a freeway that is part of the interstate system and is located in the outer vicinity of a major municipal corporation or group of municipal corporations, as designated by the Director.
(6) “Rural.” Means an area outside urbanized areas and outside of a business or urban district, and areas that extend within urbanized areas where the roadway characteristics remain mostly unchanged from those outside the urbanized areas.
(7) “Urbanized area.” Has the same meaning as in 23 U.S.C. § 101.
(R.C. § 4511.21(O))
(j) Penalty.
(1) A violation of any provision of this section is one of the following:
A. Except as otherwise provided in divisions (j)(1)B., (j)(1) C., and (j)(2) and (j)(3) of this section, a minor misdemeanor;
B. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two violations of any provision of this section, Ohio R.C. 4511.21, or any provision of any other municipal ordinance that is substantially equivalent to any provision of that section, a misdemeanor of the fourth degree;
C. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to three or more violations of any provision of this section, Ohio R.C. 4511.21, or any provision of any other municipal ordinance that is substantially equivalent to any provision of that section, a misdemeanor of the third degree.
(2) If the offender has not previously been convicted of or pleaded guilty to a violation of any provision of this section, Ohio R.C. 4511.21, or any other municipal ordinance that is substantially equivalent to any provision of that section, and operated a motor vehicle faster than 35 miles an hour in a business district of the municipality, faster than 50 miles an hour in other portions of the municipality, or faster than 35 miles an hour in a school zone during recess or while children are going to or leaving school during the school's opening or closing hours, a misdemeanor of the fourth degree.
(3) Notwithstanding division (j)(1) of this section, if the offender operated a motor vehicle in a construction zone where a sign was then posted in accordance with Ohio R.C. 4511.98, the court, in addition to all other penalties provided by law, shall impose upon the offender 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 if the offender alleges, in an affidavit filed with the court prior to the offender's sentencing, that the offender is indigent and is unable to pay the fine imposed pursuant to this division and if the court determines that the offender is an indigent person and unable to pay the fine.
(4) If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under § 303.99(b).
(ORC 4511.21(P))
(a) No person shall stop or operate a vehicle at such an unreasonably slow speed as to impede or block the normal and reasonable movement of traffic, except when stopping or reduced speed is necessary for safe operation or to comply with law.
(b) Whenever the Director of Transportation or local authorities determine on the basis of an engineering and traffic investigation that slow speeds on any part of a controlled-access highway, expressway, or freeway consistently impede the normal and reasonable movement of traffic, the Director or such local authority may declare a minimum speed limit below which no person shall operate a motor vehicle, except when necessary for safe operation or in compliance with the law. No minimum speed limit established hereunder shall be less than 30 miles per hour, greater than 50 miles per hour, nor effective until the provisions of Ohio R.C. 4511.21 or a substantially equivalent municipal ordinance, relating to appropriate signs, have been fulfilled and local authorities have obtained the approval of the Director.
(c) In a case involving a violation of this section, the trier of fact, in determining whether the vehicle was being operated at an unreasonably slow speed, shall consider the capabilities of the vehicle and its operator.
(d) Except as otherwise provided in this division, whoever violates this section 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 this section 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 this section is guilty of a misdemeanor of the third degree.
(e) If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under § 303.99(b).
(ORC 4511.22)
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