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2011 Ohio Revised Code
Title [45] XLV MOTOR VEHICLES - AERONAUTICS - WATERCRAFT
Chapter 4510: DRIVER'S LICENSE SUSPENSION, CANCELLATION, REVOCATION
4510.161 Additional sanctions for violations of municipal ordinance substantially similar to driving under suspension.

Universal Citation:
OH Rev Code § 4510.161
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

(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 violation of a municipal ordinance that is substantially equivalent to division (A) of section 4510.16 of the Revised Code or former division (B)(1) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to either of those divisions, the court, in addition to or independent of any sentence that it imposes upon the offender for the offense, may do whichever of the following is applicable:

(1) If the vehicle is registered in the offender’s name and if, within three years of the current offense, the offender previously has been convicted of or pleaded guilty to one violation of this section or section 4510.11, 4510.111, or 4510.16 of the Revised Code or a substantially equivalent municipal ordinance, the court, in addition to or independent of any other sentence that it imposes upon the offender, may order the immobilization of the vehicle involved in the offense for thirty days and the impoundment of that vehicle’s license plates for thirty days in accordance with section 4503.233 of the Revised Code.

(2) If the vehicle is registered in the offender’s name and if, within three years of the current offense, the offender previously has been convicted of or pleaded guilty to two violations of this section or any combination of two violations of this section or section 4510.11, 4510.111, or 4510.16 of the Revised Code, or a substantially equivalent municipal ordinance, the court , in addition to or independent of any other sentence that it imposes upon the offender, may order the immobilization for sixty days of the vehicle involved in the offense and the impoundment of that vehicle’s license plates for sixty days in accordance with section 4503.233 of the Revised Code.

(3) If the vehicle is registered in the offender’s name and if, within three years of the current offense, the offender previously has been convicted of or pleaded guilty to three or more violations of this section or any combination of three or more violations of this section or section 4510.11, 4510.111, or 4510.16 of the Revised Code, or a substantially equivalent municipal ordinance, the court may order the criminal forfeiture to the state of the vehicle the offender was operating at the time of the offense. If title to a motor vehicle that is subject to an order for criminal forfeiture under this division is assigned or transferred and division (B)(2) or (3) of section 4503.234 of the Revised Code applies, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the motor vehicle as determined by publications of the national automobile dealers association. The proceeds from any fine so imposed shall be distributed in accordance with division (C)(2) of that section.

(C) If a person is convicted of or pleads guilty to a violation of 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 six 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 involved in the offense and the impoundment for thirty days of the license plates of that vehicle in accordance with section 4503.233 of the Revised Code.

(2) If, within six 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 involved in the offense and the impoundment for sixty days of the license plates of that vehicle in accordance with section 4503.233 of the Revised Code.

(3) If, within six 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 for immobilization and impoundment of a vehicle under this section shall be issued and enforced in accordance with sections 4503.233 and 4507.02 of the Revised Code, as applicable. The court shall not release a vehicle from immobilization ordered under this section unless the court is presented with current proof of financial responsibility with respect to that vehicle.

(E) An order for criminal forfeiture of a vehicle under this section shall be issued and enforced under section 4503.234 of the Revised Code. Upon receipt of a copy of the order from the court, neither the registrar of motor vehicles nor a deputy registrar shall accept any application for the registration or transfer of registration of any motor vehicle owned or leased by the person named in the declaration of forfeiture. The period of registration denial shall be five years after the date of the order unless, during that period, the court having jurisdiction of the offense that led to the order terminates the forfeiture and notifies the registrar of the termination. The registrar then shall take the necessary measures to permit the person to register a vehicle owned or leased by the person or to transfer registration of the vehicle.

Amended by 129th General Assembly File No. 25, HB 5, § 1, eff. 9/23/2011.

Effective Date: 01-01-2004; 04-04-2007

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