| Sec. 4510.037. (A) When the registrar of motor vehicles | 18 |
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determines that the total points charged against any person under | 19 |
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section 4510.036 of the Revised Code exceed five, the registrar | 20 |
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shall send a warning letter to the person at the person's last | 21 |
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known address by regular mail. The warning letter shall list the | 22 |
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reported violations that are the basis of the points charged, list | 23 |
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the number of points charged for each violation, and outline the | 24 |
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suspension provisions of this section. | 25 |
| (B) When the registrar determines that the total points | 26 |
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charged against any person under section 4510.036 of the Revised | 27 |
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Code within any two-year period beginning on the date of the first | 28 |
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conviction within the two-year period is equal to twelve or more, | 29 |
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the registrar shall send a written notice to the person at the | 30 |
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person's last known address by regular mail. The notice shall list | 31 |
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the reported violations that are the basis of the points charged, | 32 |
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list the number of points charged for each violation, and state | 33 |
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that, because the total number of points charged against the | 34 |
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person within the applicable two-year period is equal to twelve or | 35 |
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more, the registrar is imposing a class D suspension of the | 36 |
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person's driver's or commercial driver's license or permit or | 37 |
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nonresident operating privileges for the period of time specified | 38 |
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in division (B)(4) of section 4510.02 of the Revised Code. The | 39 |
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notice also shall state that the suspension is effective on the | 40 |
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twentieth day after the mailing of the notice, unless the person | 41 |
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files a petition appealing the determination and suspension in the | 42 |
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municipal court, county court, or, if the person is under the age | 43 |
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of eighteen, the juvenile division of the court of common pleas in | 44 |
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whose jurisdiction the person resides or, if the person is not a | 45 |
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resident of this state, in the Franklin county municipal court or | 46 |
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juvenile division of the Franklin county court of common pleas. By | 47 |
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filing the appeal of the determination and suspension, the person | 48 |
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agrees to pay the cost of the proceedings in the appeal of the | 49 |
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determination and suspension and alleges that the person can show | 50 |
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cause why the person's driver's or commercial driver's license or | 51 |
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permit or nonresident operating privileges should not be | 52 |
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suspended. | 53 |
| (C)(1) Any person against whom at least two but less than | 54 |
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twelve points have been charged under section 4510.036 of the | 55 |
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Revised Code may enroll in a course of remedial driving | 56 |
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instruction that is approved by the director of public safety. | 57 |
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Upon the person's completion of an approved course of remedial | 58 |
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driving instruction, the person may apply to the registrar on a | 59 |
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form prescribed by the registrar for a credit of two points on the | 60 |
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person's driving record. Upon receipt of the application and proof | 61 |
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of completion of the approved remedial driving course, the | 62 |
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registrar shall approve the two-point credit. The registrar shall | 63 |
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not approve any credits for a person who completes an approved | 64 |
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course of remedial driving instruction pursuant to a judge's order | 65 |
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under section 4510.02 of the Revised Code. | 66 |
| (D) When a judge of a court of record suspends a person's | 73 |
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driver's or commercial driver's license or permit or nonresident | 74 |
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operating privilege and charges points against the person under | 75 |
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section 4510.036 of the Revised Code for the offense that resulted | 76 |
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in the suspension, the registrar shall credit that period of | 77 |
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suspension against the time of any subsequent suspension imposed | 78 |
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under this section for which those points were used to impose the | 79 |
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subsequent suspension. When a United States district court that | 80 |
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has jurisdiction within this state suspends a person's driver's or | 81 |
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commercial driver's license or permit or nonresident operating | 82 |
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privileges pursuant to the "Assimilative Crimes Act," 102 Stat. | 83 |
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4381 (1988), 18 U.S.C.A. 13, as amended, the district court | 84 |
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prepares an abstract pursuant to section 4510.031 of the Revised | 85 |
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Code, and the district court charges points against the person | 86 |
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under section 4510.036 of the Revised Code for the offense that | 87 |
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resulted in the suspension, the registrar shall credit the period | 88 |
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of suspension imposed by the district court against the time of | 89 |
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any subsequent suspension imposed under this section for which the | 90 |
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points were used to impose the subsequent suspension. | 91 |
| (E) The registrar, upon the written request of a licensee who | 92 |
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files a petition under division (B) of this section, shall furnish | 93 |
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the licensee a certified copy of the registrar's record of the | 94 |
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convictions and bond forfeitures of the person. This record shall | 95 |
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include the name, address, and date of birth of the licensee; the | 96 |
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name of the court in which each conviction or bail forfeiture took | 97 |
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place; the nature of the offense that was the basis of the | 98 |
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conviction or bond forfeiture; and any other information that the | 99 |
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registrar considers necessary. If the record indicates that twelve | 100 |
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points or more have been charged against the person within a | 101 |
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two-year period, it is prima-facie evidence that the person is a | 102 |
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repeat traffic offender, and the registrar shall suspend the | 103 |
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person's driver's or commercial driver's license or permit or | 104 |
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nonresident operating privilege pursuant to division (B) of this | 105 |
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section. | 106 |
| In hearing the petition and determining whether the person | 107 |
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filing the petition has shown cause why the person's driver's or | 108 |
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commercial driver's license or permit or nonresident operating | 109 |
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privilege should not be suspended, the court shall decide the | 110 |
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issue on the record certified by the registrar and any additional | 111 |
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relevant, competent, and material evidence that either the | 112 |
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registrar or the person whose license is sought to be suspended | 113 |
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submits. | 114 |
| (F) If a petition is filed under division (B) of this section | 115 |
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in a county court, the prosecuting attorney of the county in which | 116 |
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the case is pending shall represent the registrar in the | 117 |
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proceedings, except that, if the petitioner resides in a municipal | 118 |
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corporation within the jurisdiction of the county court, the city | 119 |
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director of law, village solicitor, or other chief legal officer | 120 |
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of the municipal corporation shall represent the registrar in the | 121 |
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proceedings. If a petition is filed under division (B) of this | 122 |
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section in a municipal court, the registrar shall be represented | 123 |
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in the resulting proceedings as provided in section 1901.34 of the | 124 |
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Revised Code. | 125 |
| (G) If the court determines from the evidence submitted that | 126 |
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a person who filed a petition under division (B) of this section | 127 |
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has failed to show cause why the person's driver's or commercial | 128 |
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driver's license or permit or nonresident operating privileges | 129 |
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should not be suspended, the court shall assess against the person | 130 |
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the cost of the proceedings in the appeal of the determination and | 131 |
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suspension and shall impose the applicable suspension under this | 132 |
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section or suspend all or a portion of the suspension and impose | 133 |
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any conditions upon the person that the court considers proper or | 134 |
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impose upon the person a community control sanction pursuant to | 135 |
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section 2929.15 or 2929.25 of the Revised Code. If the court | 136 |
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determines from the evidence submitted that a person who filed a | 137 |
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petition under division (B) of this section has shown cause why | 138 |
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the person's driver's or commercial driver's license or permit or | 139 |
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nonresident operating privileges should not be suspended, the | 140 |
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costs of the appeal proceeding shall be paid out of the county | 141 |
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treasury of the county in which the proceedings were held. | 142 |
| (I) Upon the termination of any suspension or other penalty | 149 |
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imposed under this section involving the surrender of license or | 150 |
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permit and upon the request of the person whose license or permit | 151 |
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was suspended or surrendered, the registrar shall return the | 152 |
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license or permit to the person upon determining that the person | 153 |
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has complied with all provisions of section 4510.038 of the | 154 |
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Revised Code or, if the registrar destroyed the license or permit | 155 |
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pursuant to section 4510.52 of the Revised Code, shall reissue the | 156 |
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person's license or permit. | 157 |
| (J) Any person whose driver's or commercial driver's license | 158 |
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or permit or nonresident operating privileges are suspended as a | 159 |
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repeat traffic offender under this section and who, during the | 160 |
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suspension, operates any motor vehicle upon any public roads and | 161 |
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highways is guilty of a misdemeanor of the first degree, and the | 162 |
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court shall sentence the offender to a minimum term of three days | 163 |
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in jail. No court shall suspend the first three days of jail time | 164 |
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imposed pursuant to this division. | 165 |
(L) Any(1) Except as provided in division (L)(2) of this | 170 |
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section, any course of remedial driving instruction the director | 171 |
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of public safety approves under this section shall require its | 172 |
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students to attend at least fifty per cent of the course in | 173 |
person. The, and the director shall not approve any course of | 174 |
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remedial driving instruction that permits its students to take | 175 |
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more than fifty per cent of the course in any other manner, | 176 |
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including via video teleconferencing or the internet. | 177 |
| (2) The director may approve a course of remedial instruction | 178 |
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that permits students to take the entire course via video | 179 |
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teleconferencing or the internet if the course is managed by a | 180 |
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person who is admitted to the practice of law in the state of Ohio | 181 |
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and whose principal place of business is in this state. In | 182 |
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accordance with division (C) of this section, upon receiving an | 183 |
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application with a certificate or other proof of completion of a | 184 |
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course approved under this division, the registrar shall approve | 185 |
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the two-point reduction. | 186 |
| Sec. 4510.038. (A) Any person whose driver's or commercial | 187 |
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driver's license or permit is suspended or who is granted limited | 188 |
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driving privileges under section 4510.037, under division (H) of | 189 |
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section 4511.19, or under section 4510.07 of the Revised Code for | 190 |
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a violation of a municipal ordinance that is substantially | 191 |
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equivalent to division (B) of section 4511.19 of the Revised Code | 192 |
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is not eligible to retain the license, or to have the driving | 193 |
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privileges reinstated, until each of the following has occurred: | 194 |
| The course also shall devote a number of hours to instruction | 200 |
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in the area of alcohol and drugs and the operation of vehicles. | 201 |
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The instruction shall include, but not be limited to, a review of | 202 |
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the laws governing the operation of a vehicle while under the | 203 |
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influence of alcohol, drugs, or a combination of them, the dangers | 204 |
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of operating a vehicle while under the influence of alcohol, | 205 |
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drugs, or a combination of them, and other information relating to | 206 |
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the operation of vehicles and the consumption of alcoholic | 207 |
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beverages and use of drugs. The director, in consultation with the | 208 |
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director of alcohol and drug addiction services, shall prescribe | 209 |
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the content of the instruction. The number of hours devoted to the | 210 |
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area of alcohol and drugs and the operation of vehicles shall | 211 |
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comprise a minimum of twenty-five per cent of the number of hours | 212 |
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of instruction included in the course. | 213 |
(B) Any(1) Except as provided in division (B)(2) of this | 220 |
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section, any course of remedial driving instruction the director | 221 |
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of public safety approves under this section shall require its | 222 |
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students to attend at least fifty per cent of the course in | 223 |
person. The, and the director shall not approve any course of | 224 |
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remedial driving instruction that permits its students to take | 225 |
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more than fifty per cent of the course in any other manner, | 226 |
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including via video teleconferencing or the internet. | 227 |
