303.98 OFFENSES AND PENALTY CONSIDERATIONS.

   (a)    In determining whether to impose imprisonment or a fine, or both, for a traffic offense, and in determining the term of imprisonment and the amount and method of payment of a fine, the court shall consider the risk that the offender will commit another offense and the need for protecting the public therefrom, the nature and circumstances of the offense, the history, character and condition of the offender and his need for correctional or rehabilitative treatment, and the ability and resources of the offender and the nature of the burden that payment of a fine will impose on him.

   (b)    If the offender is a repeat or dangerous offender, it does not control the court's discretion, but shall be considered in favor of imposing a longer term of imprisonment for a traffic offense.

   (c)    The following do not control the court's discretion, but shall be considered against imposing imprisonment for a traffic offense:

      (1)    The offense neither caused nor threatened serious physical harm to persons or property; or the offender did not contemplate that it would do so;

      (2)    The offense was the result of circumstances unlikely to recur;

      (3)    The victim of the offense induced or facilitated it;

      (4)    There are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;

      (5)    The offender acted under strong provocation;

      (6)    The offender has no history of prior traffic convictions, or has led a law abiding life for a substantial time before commission of the present offense;

      (7)    If the offender is likely to respond quickly to correctional or rehabilitative treatment.

   (d)    The criteria listed in subsections (b) and (c) hereof shall not be construed to limit the matters which may be considered in determining whether to impose imprisonment for a traffic offense.

   (e)    The court shall not impose a fine or fines which, in the aggregate and to the extent not suspended by the court, exceeds the amount which the offender is or will be able to pay by the method and within the time allowed without undue hardship to himself or his dependents, or will prevent him from making restitution or reparation to the victim of his offense.

(ORC 2929.22; Ord. 19-75. Passed 7-1-75.)