Sec. 4510.13. (A)(1) Divisions (A)(2) to (9) of this
section | 10 |
apply to a judge or mayor
regarding the suspension of, or
the | 11 |
grant of limited driving privileges
during a suspension of,
an | 12 |
offender's driver's or
commercial driver's license or permit or | 13 |
nonresident operating
privilege imposed under division (G) or (H) | 14 |
of section
4511.19 of the Revised Code, under division (B)
or (C) | 15 |
of section 4511.191 of the Revised Code, or under section
4510.07 | 16 |
of the Revised Code for a conviction of a violation of a
municipal | 17 |
OVI ordinance. | 18 |
(2) No judge or mayor shall suspend the following portions
of | 19 |
the
suspension of an offender's driver's or commercial driver's | 20 |
license or
permit or nonresident operating privilege imposed under | 21 |
division
(G) or (H) of section
4511.19 of the Revised Code or | 22 |
under section 4510.07 of the Revised Code for a conviction of
a | 23 |
violation of a municipal OVI ordinance, provided that division | 24 |
(A)(2) of this section does not limit a court or
mayor in | 25 |
crediting any period of suspension imposed pursuant to division | 26 |
(B) or (C) of section 4511.191 of the Revised Code against
any | 27 |
time of judicial suspension imposed pursuant to section 4511.19 or | 28 |
4510.07 of the Revised Code, as described in divisions
(B)(2) and | 29 |
(C)(2) of section
4511.191 of the Revised Code: | 30 |
(3) No judge or mayor shall grant limited driving privileges | 47 |
to
an offender whose driver's or commercial driver's license or | 48 |
permit or
nonresident operating privilege has been suspended under | 49 |
division
(G) or (H) of section 4511.19 of the Revised Code, under | 50 |
division (C) of section 4511.191 of the Revised Code, or under | 51 |
section 4510.07 of the Revised Code for a municipal OVI conviction | 52 |
if the offender, within the preceding six years, has been | 53 |
convicted of or
pleaded guilty to three or more violations of one | 54 |
or more of the Revised Code sections, municipal ordinances, | 55 |
statutes
of the United States or another state, or municipal | 56 |
ordinances of
a municipal corporation of another state that are | 57 |
identified in
divisions (G)(2)(b) to (h) of section
2919.22 of the | 58 |
Revised Code. | 59 |
Additionally, no judge or mayor shall grant limited driving | 60 |
privileges to an offender whose driver's or commercial driver's | 61 |
license
or permit or nonresident operating privilege has been | 62 |
suspended under
division (B) of section 4511.191 of the Revised | 63 |
Code if the
offender, within the preceding six years, has refused | 64 |
three previous requests
to consent to a chemical test of the | 65 |
person's whole blood, blood serum or
plasma, breath, or urine to | 66 |
determine its alcohol content. | 67 |
(4) No judge or mayor shall grant limited driving privileges | 68 |
for
employment as a driver of commercial motor vehicles to an | 69 |
offender whose
driver's or commercial driver's license or permit | 70 |
or nonresident
operating privilege has been suspended under | 71 |
division (G) or
(H)
of section 4511.19 of the Revised Code, under | 72 |
division (B) or (C)
of section 4511.191 of the Revised Code, or | 73 |
under section 4510.07
of the Revised Code for a municipal OVI | 74 |
conviction if the
offender is disqualified from operating a | 75 |
commercial motor vehicle, or whose license or permit has been | 76 |
suspended, under
section 3123.58 or 4506.16 of the
Revised Code. | 77 |
(5) No judge or mayor shall grant limited driving privileges | 78 |
to
an offender whose driver's or commercial driver's license or | 79 |
permit or
nonresident operating privilege has been suspended under | 80 |
division
(G) or (H) of section 4511.19 of the Revised Code, under | 81 |
division (C) of section 4511.191 of the Revised Code, or under | 82 |
section 4510.07 of the Revised Code for a conviction of a | 83 |
violation of a municipal OVI ordinance during any of the following | 84 |
periods of time: | 85 |
(a) The first fifteen days of a suspension imposed under | 86 |
division
(G)(1)(a) of section 4511.19 of the Revised Code or a | 87 |
comparable
length suspension imposed under section 4510.07 of the | 88 |
Revised Code, or of a suspension
imposed under
division (C)(1)(a) | 89 |
of section 4511.191 of the
Revised Code. On or after
the
sixteenth | 90 |
day of the suspension, the court may grant limited
driving | 91 |
privileges, but theand either of the following applies: | 92 |
(i) If the underlying arrest is alcohol-related, the court | 93 |
may requireshall issue an order that the offender
shall not | 94 |
exercise the privileges
unless the vehicles the offender
operates | 95 |
are equipped with
immobilizing or disabling devices that
monitor | 96 |
the offender's
alcohol consumption or any other type of | 97 |
immobilizing or disabling
devices, except as provided in division | 98 |
(C) of section 4510.43
of the Revised Code, for the remainder of | 99 |
the period of suspension the offender shall not exercise the | 100 |
privileges unless the vehicles the offender operates are equipped | 101 |
with a certified ignition interlock device. | 102 |
(b) The first forty-five days of a suspension imposed
under
| 109 |
division
(C)(1)(b)
of section 4511.191 of the
Revised Code. On or | 110 |
after the
thirty-firstforty-sixth day of
suspension, the court | 111 |
may grant
limited
driving privileges, but the court may
require | 112 |
that the
offender
shall not exercise the privileges
unless the | 113 |
vehicles the
offender
operates are equipped with
immobilizing or | 114 |
disabling
devices that
monitor the offender's
alcohol consumption | 115 |
or any
other type of
immobilizing or disabling
devices, except as | 116 |
provided in division
(C) of section 4510.43
of the Revised Code. | 117 |
(g)
The first three years of a suspension imposed under | 175 |
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code | 176 |
or a
comparable length suspension imposed under section 4510.07 of | 177 |
the
Revised Code, or of a
suspension imposed under
division | 178 |
(C)(1)(d)
of section 4511.191 of the
Revised Code. On
or after | 179 |
the first three years of suspension, the court may
grant
limited | 180 |
driving privileges, and either of the following
applies: | 181 |
(7) In any case in which a judge or mayor grants limited | 207 |
driving
privileges to an offender whose driver's or commercial | 208 |
driver's license
or permit or nonresident operating privilege has | 209 |
been suspended under
division (G)(1)(b), (c), (d), or (e) of | 210 |
section 4511.19 of the
Revised Code, under division (G)(1)(a) of | 211 |
section 4511.19 of the Revised Code for a violation of division | 212 |
(A)(1)(f), (g), (h), or (i) of that section, or under
section | 213 |
4510.07 of the Revised Code for a
municipal OVI
conviction for | 214 |
which sentence would have been imposed under division | 215 |
(G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section 4511.19 of | 216 |
the Revised Code had the offender been charged with and convicted | 217 |
of a violation of section 4511.19 of the Revised Code instead of a | 218 |
violation of the municipal OVI ordinance, the judge or mayor shall | 219 |
impose as a
condition of the privileges
that the offender must | 220 |
display on the
vehicle that is driven subject to the
privileges | 221 |
restricted
license plates that are issued under section 4503.231 | 222 |
of the
Revised Code, except
as provided in division (B) of that | 223 |
section. | 224 |
(8) In any case in which thean offender who is required to | 225 |
use an ignition interlock device operates a motor
vehicle that is | 226 |
not equipped with an ignition interlock device,
circumvents the | 227 |
device, or tampers with the device or in any case
in which the | 228 |
court receives notice pursuant
to section 4510.46 of
the Revised | 229 |
Code that a certified ignition
interlock device
required by an | 230 |
order issued under division
(A)(5)(a), (e), (f), or (g)
of this | 231 |
section prevented an offender from
starting a motor
vehicle, the | 232 |
following applies: | 233 |
(a) If the offender was sentenced under division (G)(1)(a) or | 234 |
(b) of
section 4511.19 of the Revised Code, on a first instance | 235 |
the court
may require the offender to
wear a monitor
that | 236 |
provides
continuous alcohol monitoring that is
remote. On a | 237 |
second
instance, the court shall require the offender to wear a | 238 |
monitor
that provides continuous alcohol monitoring that is | 239 |
remote for a
minimum of forty days. On a third instance or more, | 240 |
the court
shall require the offender to wear a monitor that | 241 |
provides
continuous alcohol monitoring that is remote for a | 242 |
minimum of
sixty days. | 243 |
(b) If the offender was sentenced under division (G)(1)(c), | 244 |
(d), or (e) of section 4511.19 of the Revised Code, on a first | 245 |
instance the court shall require the offender to wear a monitor | 246 |
that provides continuous alcohol monitoring that is remote for a | 247 |
minimum of forty days. On a second instance or more, the court | 248 |
shall require the offender to wear a monitor that provides | 249 |
continuous alcohol monitoring that is remote for a minimum of | 250 |
sixty days. | 251 |
(9) In any case in which the court issues an order under | 252 |
this section prohibiting an offender from exercising limited | 253 |
driving privileges unless the vehicles the offender operates are | 254 |
equipped with an immobilizing or disabling device, including a | 255 |
certified ignition interlock device, or requires an offender to | 256 |
wear a monitor that provides continuous alcohol monitoring that is | 257 |
remote, the court shall impose an additional court cost of two | 258 |
dollars and fifty cents upon the offender. The court shall not | 259 |
waive the payment
of the two dollars and fifty cents unless the | 260 |
court determines that the offender
is indigent and waives the | 261 |
payment of all court costs imposed upon
the indigent offender. | 262 |
The clerk of court shall retain one hundred per cent of this court | 263 |
cost. The clerk of court shall
transmit one hundred per cent of | 264 |
this court
cost collected during a month on the first
business | 265 |
day of the following month to the state treasury to be
credited | 266 |
to the state highway safety fund created under section
4501.06 of | 267 |
the Revised Code, to be used by the department of
public safety | 268 |
to cover costs associated with maintaining the
habitual OVI/OMWI | 269 |
offender registry created under section 5502.10
of the Revised | 270 |
Code. In its discretion the court may impose an additional court | 271 |
cost of two dollars and fifty cents upon the offender. The clerk | 272 |
of court shall retain this two dollar and fifty cent court cost, | 273 |
if imposed, and shall deposit it in the court's special projects | 274 |
fund that is established under division (E)(1) of section 2303.201 | 275 |
or division (B)(1) of section 1901.26 of the Revised Code. | 276 |
(10) In any case in which the court issues an order under | 277 |
this section prohibiting an offender from exercising limited | 278 |
driving privileges unless the vehicles the offender operates are | 279 |
equipped with an immobilizing or disabling device, including a | 280 |
certified ignition interlock device, the court shall notify the | 281 |
offender at the time the offender is granted limited driving | 282 |
privileges that, in accordance with section 4510.46 of the Revised | 283 |
Code, if the court receives notice that the device prevented the | 284 |
offender from starting the motor vehicle because the device was | 285 |
tampered with or circumvented or because the analysis of the | 286 |
deep-lung breath sample or other method employed by the device to | 287 |
measure the concentration by weight of alcohol in the offender's | 288 |
breath indicated the presence of alcohol in the offender's breath | 289 |
in a concentration sufficient to prevent the device from | 290 |
permitting the motor vehicle to be started, the court may increase | 291 |
the period of suspension of the offender's driver's or commercial | 292 |
driver's license or permit or nonresident operating privilege from | 293 |
that originally imposed by the court by a factor of two and may | 294 |
increase the period of time during which the offender will be | 295 |
prohibited from exercising any limited driving privileges granted | 296 |
to the offender unless the vehicles the offender operates are | 297 |
equipped with a certified ignition interlock device by a factor of | 298 |
two. | 299 |
(B) Any person whose driver's or commercial driver's license | 300 |
or
permit or nonresident operating privilege has been suspended | 301 |
pursuant to
section 4511.19 or 4511.191 of the Revised Code or | 302 |
under
section 4510.07 of the Revised Code for a violation of a | 303 |
municipal OVI ordinance may file a petition for
limited driving | 304 |
privileges during the suspension. The person shall file the | 305 |
petition
in the court that has jurisdiction over the
place of | 306 |
arrest. Subject to division (A) of this section, the court
may | 307 |
grant the person limited driving privileges during the
period | 308 |
during which the suspension otherwise would be imposed.
However, | 309 |
the court shall not grant the privileges for
employment as a | 310 |
driver of a commercial motor vehicle to any person
who is | 311 |
disqualified from operating a commercial motor vehicle
under | 312 |
section 4506.16 of the Revised Code or during any of
the
periods | 313 |
prescribed by division (A) of this section. | 314 |
(C)(1) After a driver's or commercial driver's license or | 315 |
permit
or nonresident operating privilege has been suspended | 316 |
pursuant to section
2903.06, 2903.08, 2903.11, 2907.24, 2921.331, | 317 |
2923.02, 2929.02, 4511.19,
4511.251, 4549.02, 4549.021, or
5743.99 | 318 |
of the Revised Code, any
provision of
Chapter 2925. of the Revised | 319 |
Code, or section
4510.07
of the Revised Code for a violation of a | 320 |
municipal
OVI ordinance,
the judge of the
court or
mayor of the | 321 |
mayor's court that
suspended the license, permit, or privilege | 322 |
shall cause the
offender to deliver to the court
the license or | 323 |
permit. The
judge, mayor, or clerk of the court or
mayor's court | 324 |
shall
forward
to the registrar the license or permit together with | 325 |
notice of the
action of the court. | 326 |
(2) A suspension of a commercial driver's license under any | 327 |
section or chapter identified in division (C)(1) of this section | 328 |
shall be concurrent with any period of suspension or | 329 |
disqualification under
section 3123.58 or 4506.16 of the Revised | 330 |
Code. No person
who is
disqualified for life from holding a | 331 |
commercial driver's license
under
section 4506.16 of the Revised | 332 |
Code shall be issued a
driver's license under this chapter during | 333 |
the period for which
the commercial driver's license was suspended | 334 |
under this section,
and no person whose commercial driver's | 335 |
license is suspended under
any section or chapter identified in | 336 |
division (C)(1) of this
section
shall be issued a driver's license | 337 |
under Chapter
4507. of
the Revised Code during the period of the | 338 |
suspension. | 339 |
(3) No judge or mayor shall suspend any class one
suspension, | 340 |
or any portion of any class one suspension, imposed under section | 341 |
2903.04, 2903.06, 2903.08, or 2921.331 of the Revised Code. No | 342 |
judge or
mayor shall suspend the first thirty days of any class | 343 |
two, class
three, class four, class five, or class six suspension | 344 |
imposed
under section 2903.06, 2903.08, 2903.11, 2923.02, or | 345 |
2929.02 of the Revised Code. | 346 |
(D) The judge of the court or mayor of the mayor's court | 347 |
shall
credit any time during which an offender was subject to an | 348 |
administrative
suspension of the offender's driver's or commercial | 349 |
driver's license or permit or nonresident operating privilege | 350 |
imposed pursuant to section 4511.191 or 4511.192 of the Revised | 351 |
Code or a suspension imposed by a judge,
referee, or mayor | 352 |
pursuant to division (B)(1) or (2) of
section 4511.196 of the | 353 |
Revised Code against the time to be
served
under a related | 354 |
suspension imposed pursuant to any section or chapter
identified | 355 |
in division (C)(1) of this section. | 356 |
(F)(1) If a court issues an immobilizing or disabling device | 361 |
order under section 4510.43 of the Revised Code, the order
shall | 362 |
authorize the offender during the specified period to operate a | 363 |
motor vehicle
only if it is equipped with an immobilizing or | 364 |
disabling device, except as
provided in division (C) of that | 365 |
section. The court
shall provide the offender with a copy of an | 366 |
immobilizing or disabling
device order issued under section | 367 |
4510.43 of the Revised
Code, and the offender shall use the copy | 368 |
of the order
in lieu of an Ohio driver's or
commercial driver's | 369 |
license or permit until the registrar or a deputy
registrar issues | 370 |
the
offender a restricted license. | 371 |
(2) An offender may present an immobilizing or disabling | 377 |
device
order to the registrar or to a deputy registrar. Upon | 378 |
presentation of
the order to the registrar or a deputy registrar, | 379 |
the registrar or
deputy registrar shall issue the offender a | 380 |
restricted license. A
restricted license issued under this | 381 |
division shall be identical
to an Ohio driver's license, except | 382 |
that it shall have printed on
its face a statement that the | 383 |
offender is prohibited during the period
specified in the court | 384 |
order from operating any
motor vehicle that is not equipped with | 385 |
an immobilizing or
disabling device. The date of commencement and | 386 |
the
date of termination of the period of suspension shall be | 387 |
indicated
conspicuously
upon the face of the license. | 388 |
Sec. 4510.46. (A) A governmental agency, bureau, department, | 389 |
or office, or a private corporation, or any other entity that | 390 |
monitors certified ignition interlock devices for or on behalf of | 391 |
a court shall inform the court whenever such a device that has | 392 |
been installed in a motor vehicle indicates that it has prevented | 393 |
an offender whose driver's or commercial driver's license or | 394 |
permit
or nonresident operating privilege has been suspended by a | 395 |
court
under division (G)(1)(a), (b), (c), (d), or (e) of section | 396 |
4511.19 of the Revised Code and who has been granted limited | 397 |
driving privileges under section 4510.13 of the Revised Code from | 398 |
starting the motor vehicle because the device was tampered with or | 399 |
circumvented or because the analysis of the deep-lung
breath | 400 |
sample or other method employed by the ignition interlock
device | 401 |
to measure the concentration by weight of alcohol in the | 402 |
offender's breath indicated the presence of alcohol in the | 403 |
offender's breath in a concentration sufficient to prevent the | 404 |
ignition interlock device from permitting the motor vehicle to be | 405 |
started. | 406 |
(B) Upon receipt
of such information pertaining to an | 407 |
offender whose driver's or commercial driver's license or permit | 408 |
or nonresident operating privilege has been suspended by a court | 409 |
under division (G)(1)(a), (b), (c), (d), or (e) of section 4511.19 | 410 |
of
the Revised Code and who has been granted limited driving | 411 |
privileges under section 4510.13 of the Revised Code, the court | 412 |
shall
send a
notice to the offender stating
that it has | 413 |
received
evidence of an
instance described in
division (A) of | 414 |
this
section. If a court pursuant to division (A)(8) of section | 415 |
4510.13 of the Revised Code requires the offender to wear an | 416 |
alcohol monitor, the notice
shall state that
because of this | 417 |
instance
the offender is
required to wear a
monitor that | 418 |
provides for
continuous alcohol
monitoring in
accordance with | 419 |
division (A)(8)
of section 4510.13
of the Revised
Code. The | 420 |
notice
shall
further state that because
of this
instance the | 421 |
court may
increase the period of suspension
of the
offender's | 422 |
driver's
or commercial driver's license or
permit or | 423 |
nonresident
operating
privilege from that originally
imposed by | 424 |
the court
by a
factor
of two and may increase the
period of | 425 |
time during
which the
offender will be prohibited from | 426 |
exercising any
limited driving
privileges granted to the | 427 |
offender
unless the
vehicles the
offender operates are equipped | 428 |
with a
certified
ignition interlock
device by a factor of two. | 429 |
The notice shall state whether the court will impose these | 430 |
increases and, if so, that these increases will take effect | 431 |
fourteen days from the date of the notice unless the offender | 432 |
files a timely motion with the court, appealing the increases in | 433 |
the
time described in this division and requesting a hearing on | 434 |
the
matter. Any such motion that is filed within that | 435 |
fourteen-day
period shall be considered to be filed in a timely | 436 |
manner, and any
such motion that is filed after that fourteen-day | 437 |
period shall be
considered not to be filed in a timely manner. If | 438 |
the offender
files a timely motion, the court may hold a
hearing | 439 |
on the
matter. The scope of the hearing is limited to | 440 |
determining whether
the offender in fact was prevented from | 441 |
starting a motor vehicle
that is equipped with a certified | 442 |
ignition interlock device
because the device was tampered with or | 443 |
circumvented or because
the analysis of the deep-lung breath | 444 |
sample or other
method
employed by the ignition interlock device | 445 |
to measure the
concentration by weight of alcohol in the | 446 |
offender's breath
indicated the presence of alcohol in the | 447 |
offender's breath in a
concentration sufficient to prevent the | 448 |
ignition interlock device
from permitting the motor vehicle to be | 449 |
started. | 450 |
If the court finds by a preponderance of the evidence that | 451 |
this instance as indicated by the ignition interlock device in | 452 |
fact did occur, it may deny the offender's appeal and issue the | 453 |
order increasing the relevant periods of time described in this | 454 |
division. If the court finds by a preponderance of the evidence | 455 |
that this instance as indicated by the ignition interlock device | 456 |
in fact did not occur, it shall grant the offender's appeal and no | 457 |
such order shall be issued. | 458 |
(C) In no case shall any period of suspension of an | 459 |
offender's driver's or commercial driver's license or permit or | 460 |
nonresident operating privilege that is increased by a factor of | 461 |
two or any period of time during which the offender is prohibited | 462 |
from exercising any limited driving privileges granted to the | 463 |
offender unless the vehicles the offender operates are equipped | 464 |
with a certified ignition interlock device that is increased by a | 465 |
factor of two exceed the maximum period of time for which the | 466 |
court originally was authorized to suspend the offender's driver's | 467 |
or commercial driver's license or permit or nonresident operating | 468 |
privilege under division (G)(1)(a), (b), (c), (d), or (e) of | 469 |
section 4511.19 of the Revised Code. | 470 |