2006 Ohio Revised Code - [4511.19.3] 4511.193.Deposit of $25 of fine for violating OVI ordinance into indigent drivers alcohol treatment fund; immobilization or forfeiture orders based on prior convictions.

[§ 4511.19.3] § 4511.193. Deposit of $25 of fine for violating OVI ordinance into indigent drivers alcohol treatment fund; immobilization or forfeiture orders based on prior convictions.
 

(A)  Twenty-five dollars of any fine imposed for a violation of a municipal OVI ordinance shall be deposited into the municipal or county indigent drivers alcohol treatment fund created pursuant to division (H) of section 4511.191 of the Revised Code in accordance with this section and section 733.40, divisions (A) and (B) of section 1901.024, division (F) of section 1901.31, or division (C) of section 1907.20 of the Revised Code. Regardless of whether the fine is imposed by a municipal court, a mayor's court, or a juvenile court, if the fine was imposed for a violation of an ordinance of a municipal corporation that is within the jurisdiction of a municipal court, the twenty-five dollars that is subject to this section shall be deposited into the indigent drivers alcohol treatment fund of the municipal corporation in which is located the municipal court that has jurisdiction over that municipal corporation. Regardless of whether the fine is imposed by a county court, a mayor's court, or a juvenile court, if the fine was imposed for a violation of an ordinance of a municipal corporation that is within the jurisdiction of a county court, the twenty-five dollars that is subject to this section shall be deposited into the indigent drivers alcohol treatment fund of the county in which is located the county court that has jurisdiction over that municipal corporation. The deposit shall be made in accordance with section 733.40, divisions (A) and (B) of section 1901.024, division (F) of section 1901.31, or division (C) of section 1907.20 of the Revised Code. 

(B) (1)  The requirements and sanctions imposed by divisions (B)(1) and (2) 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 OVI ordinance. 

(2) If a person is convicted of or pleads guilty to a violation of a municipal OVI ordinance, if the vehicle the offender was operating at the time of the offense is registered in the offender's name, and if, within six years of the current offense, the offender has been convicted of or pleaded guilty to one or more violations of division (A) or (B) of section 4511.19 of the Revised Code or one or more other equivalent offenses, the court in addition to and independent of any sentence that it imposes upon the offender for the offense, shall do whichever of the following is applicable: 

(a) Except as otherwise provided in division (B)(2)(b) of this section, if, within six years of the current offense, the offender has been convicted of or pleaded guilty to one violation described in division (B)(2) of this section, the court shall order the immobilization for ninety days of that vehicle and the impoundment for ninety days of the license plates of that vehicle. The order for the immobilization and impoundment shall be issued and enforced in accordance with section 4503.233 of the Revised Code. 

(b) If, within six years of the current offense, the offender has been convicted of or pleaded guilty to two or more violations described in division (B)(2) of this section, or if the offender previously has been convicted of or pleaded guilty to a violation of division (A) of section 4511.19 of the Revised Code under circumstances in which the violation was a felony and regardless of when the violation and the conviction or guilty plea occurred, the court shall order the criminal forfeiture to the state of that vehicle The order of criminal forfeiture shall be issued and enforced in accordance with section 4503.234 of the Revised Code. 
 

HISTORY: 145 v S 62 (Eff 9-1-93); 146 v H 353 (Eff 9-17-96); 146 v S 166 (Eff 10-17-96); 147 v S 60 (Eff 10-21-97); 148 v S 107. Eff 3-23-2000; 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. 

The provisions of § 8 of S.B. 123 read as follows: 

SECTION 8. Section 4511.193 of the Revised Code is presented in this act as a composite of the section as amended by both Am. H.B. 80 and Am. Sub. S.B. 107 of the 123rd General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composites are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act. 

Analogous to former RC § 4511.19.3 (143 v S 131; 143 v H 837), repealed 144 v S 275, § 2, eff 9-1-93.

 

Effect of Amendments

S.B. 123, Acts 2002, effective January 1, 2004, in (A), inserted "OVI", deleted "relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine" preceding "shall be deposited," and substituted "(H)" for "(N)"; and rewrote (B).