(A) Whoever is convicted of or pleads guilty to a misdemeanor or minor misdemeanor shall be sentenced in accordance with § 130.99(B) to (G).
(B) 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)(2) or (B)(3) 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.
(R.C. § 4511.99)
(C) Whoever violates R.C. § 4507.33 is guilty of permitting the operation of a vehicle by a person with no legal right to operate a vehicle and shall be punished as provided in division (C)(1) or (2) of this section.
(1) Except as otherwise provided in division (C)(2), permitting the operation of a vehicle by a person with no legal right to operate a vehicle is a misdemeanor of the first degree. In addition to or
independent of any other sentence that it imposes upon the offender and subject to R.C. § 4503.235, the court shall order the immobilization for 30 days of the vehicle involved in the offense and the impoundment for 30 days of the identification license plates of the vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with R.C. § 4503.233.
(2) If the offender previously has been convicted of or pleaded guilty to one or more violations of R.C. § 4507.33, permitting the operation of a vehicle by a person with no legal right to operate a vehicle is a misdemeanor of the first degree. In addition to or independent of any other sentence that it imposes upon the offender and subject to R.C. § 4503.235, the court shall order the criminal forfeiture to the state of the vehicle involved in the offense. The order of criminal forfeiture shall be issued and enforced in accordance with R.C. § 4503.234.
(D) Except as provided in divisions (A) to (C) of this section and unless another penalty is provided by the laws of this state, whoever violates any provisions of R.C. §§ 4507.01 to 4507.081 or R.C. §§ 4507.10 to 4507.37 is guilty of a misdemeanor of the first degree.
(E) Whenever a person is found guilty of a violation of a traffic offense specified in Traffic Rule 13(B) that requires the person's appearance in court, the court shall, in addition to and independent of all other penalties required by law or ordinance, require the person to verify the existence at the time of the offense of proof of financial responsibility covering the person's operation of the motor vehicle, or the motor vehicle if registered in the person's name, and impose the civil penalties specified in R.C. 4509.101(A) if the person fails to verify the existence of such proof of financial responsibility.
(Ord. 32-1994, passed 4-29-94)
(Ord. 56-1983, passed 8-17-83)
(H) (1) Whoever is a resident of this state and violates R.C. § 4511.81(A) or (B) or § 76.29 of this code is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense, that person is guilty of a misdemeanor of the fourth degree.
(2) Whoever is not a resident of this state and violates R.C. § 4511.81(A) or (B) or § 76.29 of this code and fails to prove by a preponderance of the evidence that his use or nonuse of a child restraint system was in accordance with the law of the state of which he is a resident, is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense, that person is guilty of a misdemeanor of the fourth degree.
(Ord. 64-1995, passed 11-1-95) (Rev. eff. with 2004 S-5)
Statutory reference:
Persons under arrest to be advised of consequences, see R.C. § 4507.37
Seizure of vehicles upon arrest, see R.C. § 4507.38