2006 Ohio Revised Code - [4510.16.1] 4510.161.Additional sanctions for violating municipal ordinance concerning financial responsibility or OVI suspension.

[§ 4510.16.1] § 4510.161. Additional sanctions for violating municipal ordinance concerning financial responsibility or OVI suspension.
 

(A)  The requirements and sanctions imposed by divisions (B) and (C) of this section are an adjunct to and derive from the state's exclusive authority over the registration and titling of motor vehicles and do not comprise a part of the criminal sentence to be imposed upon a person who violates a municipal ordinance that is substantially equivalent to section 4510.14 or to division (A) of section 4510.16 of the Revised Code. 

(B)  If a person is convicted of or pleads guilty to a municipal ordinance that is substantially equivalent to division (A) of section 4510.16 of the Revised Code, the court, in addition to and independent of any sentence that it imposes upon the offender for the offense, if the vehicle the offender was operating at the time of the offense is registered in the offender's name, shall do whichever of the following is applicable: 

(1) If, within five years of the current offense, the offender has not been convicted of or pleaded guilty to a violation of division (A) of section 4510.16 or former division (B)(1) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to either division, the court shall order the immobilization for thirty days of the vehicle the offender was operating at the time of the offense and the impoundment for thirty days of the identification license plates of that vehicle. 

(2) If, within five years of the current offense, the offender has been convicted of or pleaded guilty to one violation of division (A) of section 4510.16 or former division (B)(1) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to either division, the court shall order the immobilization for sixty days of the vehicle the offender was operating at the time of the offense and the impoundment for sixty days of the identification license plates of that vehicle. 

(3) If, within five years of the current offense, the offender has been convicted of or pleaded guilty to two or more violations of division (A) of section 4510.16 or former division (B)(1) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to either division, the court shall order the criminal forfeiture to the state of the vehicle the offender was operating at the time of the offense. The order of criminal forfeiture shall be issued and enforced in accordance with section 4503.234 of the Revised Code. 

(C)  If a person is convicted of or pleads guilty to a municipal ordinance that is substantially equivalent to section 4510.14 of the Revised Code, the court, in addition to and independent of any sentence that it imposes upon the offender for the offense, IF the vehicle the offender was operating at the time of the offense is registered in the offender's name, shall do whichever of the following is applicable: 

(1) If, within five years of the current offense, the offender has not been convicted of or pleaded guilty to a violation of section 4510.14 or former division (D)(2) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to that section or former division, the court shall order the immobilization for thirty days of the vehicle the offender was operating at the time of the offense and the impoundment for thirty days of the identification license plates of that vehicle. 

(2) If, within five years of the current offense, the offender has been convicted of or pleaded guilty to one violation of section 4510.14 or former division (D)(2) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to that section or former division, the court shall order the immobilization for sixty days of the vehicle the offender was operating at the time of the offense and the impoundment for sixty days of the identification license plates of that vehicle. 

(3) If, within five years of the current offense, the offender has been convicted of or pleaded guilty to two or more violations of section 4510.14 or former division (D)(2) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to that section or former division, the court shall order the criminal forfeiture to the state of the vehicle the offender was operating at the time of the offense. 

(D)  An order of criminal forfeiture issued pursuant to this section shall be issued and enforced in accordance with section 4503.234 of the Revised Code. An order for the immobilization and impoundment of a vehicle that issued pursuant to this section shall be issued and enforced in accordance with section 4503.233 of the Revised Code. 
 

HISTORY: 145 v S 62. Eff 9-1-93; 149 v S 123, § 1, eff. 1-1-04.
 

The effective date is set by section 4 of S.B. 123. 

See provisions, § 5 of S.B. 123 (149 v  - ), following RC § 4501.01. 

 

Effect of Amendments

S.B. 123, Acts 2002, effective January 1, 2004, in (A), inserted "section 4510.14 or to" and substituted "division (A)" for "division (B)(1) or (D)(2)" and "4510.16" for "4507.02"; in the introductory paragraph of (B), substituted "division (A)" for "division (B)(1)," "4510.16" for "4507.02" and "the offender's name" for "his name or in the name of another person, and subject to section 4503.235 of the Revised Code"; in (B)(1), (2), and (3), inserted "division (A) of section 4510.16 or former"; in (C), substituted "either" for "that" deleted "division (D)(2) of" preceding "section 4510.14," substituted "4510.14" for "4507.02," "if the vehicle" for "regardless of whether the vehicle" and "the offender's name" for "his name or in the name of another person, and subject to section 4503.235 of the Revised Code"; and in (C)(1), (2), and (3), inserted "section 4510.14 or former" and "section or former division."