§ 408.02   GENERAL CODE PENALTY.
   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:
   (a)   Except as otherwise provided in division (b) or (c) 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 one predicate motor vehicle or traffic offense, 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 two or more predicate motor vehicle or traffic offenses, a misdemeanor of the third degree.
(ORC 4511.99)