| (b) If a police officer pursues an offender who is
violating | 43 |
division (B) of this
section and division (C)(D)(5)(a)
of this | 44 |
|
section applies, the sentencing court, in
determining the | 45 |
|
seriousness of an offender's conduct for purposes of
sentencing | 46 |
|
the offender for a violation of division
(B) of this section, | 47 |
|
shall
consider, along with the factors set forth in sections | 48 |
|
2929.12
and 2929.13 of the Revised
Code that are required to be | 49 |
|
considered, all of the
following: | 50 |
(E)(F)
In addition to any other sanction imposed for a | 75 |
|
violation
of division (A) or (B) of this
section, the court shall | 76 |
|
impose a class two
suspension
from the range
specified in division | 77 |
|
(A)(2) of section
4510.02 of
the Revised Code. If the
offender | 78 |
|
previously has been
found
guilty of an offense under this section, | 79 |
|
the court shall
impose a
class one suspension as described in | 80 |
|
division (A)(1) of
that
section. The court shall not grant limited | 81 |
|
driving
privileges to
the offender. No judge shall suspend the | 82 |
|
first three years of
suspension under a class two suspension of an | 83 |
|
offender's license,
permit, or privilege required by this division | 84 |
|
on any portion of
the suspension under a class one suspension of | 85 |
|
an offender's
license, permit, or privilege required by this | 86 |
|
division. | 87 |
| Sec. 4510.036. (A) The bureau of motor vehicles shall
record | 111 |
|
within ten days, after receipt, and shall keep at its main
office, | 112 |
|
all
abstracts received under this section
or section
4510.03, | 113 |
|
4510.031, 4510.032, or 4510.034 of the
Revised Code
and
shall | 114 |
|
maintain records of convictions and bond
forfeitures for any | 115 |
|
violation of a state law or a municipal
ordinance regulating the | 116 |
|
operation of vehicles, streetcars, and trackless
trolleys on | 117 |
|
highways and
streets, except a violation related to parking a | 118 |
|
motor vehicle. | 119 |
| (B) Every court of record or mayor's court before which a | 120 |
|
person
is charged with a violation for which points are chargeable | 121 |
|
by this section
shall assess and transcribe to the abstract of | 122 |
|
conviction that is furnished by the bureau
to the court
the number | 123 |
|
of points
chargeable by this section in
the correct space assigned | 124 |
|
on the
reporting form. A United States
district court that has | 125 |
|
jurisdiction
within this state and
before
which a person is | 126 |
|
charged with a violation
for which points
are
chargeable by this | 127 |
|
section may
assess and transcribe to the
abstract of conviction | 128 |
|
report that is
furnished by the bureau the
number of points | 129 |
|
chargeable by this
section in the correct space
assigned on the | 130 |
|
reporting form. If
the federal court so assesses
and transcribes | 131 |
|
the points
chargeable for the offense and
furnishes the report to | 132 |
|
the bureau, the bureau
shall record the
points in the same manner | 133 |
|
as those assessed and transcribed by a
court of record or
mayor's | 134 |
|
court. | 135 |
| (6) A violation of division (A) of section 4511.19 of the | 156 |
|
Revised
Code, any ordinance prohibiting the operation of a vehicle | 157 |
|
while
under the influence of alcohol, a drug of abuse, or a | 158 |
|
combination of them, or
any ordinance
substantially equivalent to | 159 |
|
division (A) of section 4511.19 of the
Revised Code prohibiting | 160 |
|
the operation of a vehicle with a
prohibited concentration of | 161 |
|
alcohol, a controlled substance, or a metabolite of a controlled | 162 |
|
substance in the whole blood, blood serum or plasma,
breath, or | 163 |
|
urine .......... 6 points | 164 |
| (E) If a person is convicted of or forfeits bail for
two or | 203 |
|
more offenses arising
out of the same facts and points are | 204 |
|
chargeable for each of the offenses,
points shall be charged
for | 205 |
|
only the conviction or bond forfeiture for which the
greater | 206 |
|
number of points is chargeable, and, if the number of points | 207 |
|
chargeable for each offense is equal, only one offense shall be | 208 |
|
recorded, and points shall be charged only for that offense. | 209 |
| Sec. 4510.31. (A)(1) Except as provided in
division (C)
of | 210 |
|
this section, the registrar of motor vehicles
shall suspend the | 211 |
|
probationary driver's license, restricted
license,
or temporary | 212 |
|
instruction permit issued to any
person when
the person
has been | 213 |
|
convicted of, pleaded guilty to, or been
adjudicated in
juvenile | 214 |
|
court of having committed, prior to the
person's eighteenth | 215 |
|
birthday, any of the following: | 216 |
| (a) Three separate violations of
section 2903.06,
2903.08, | 217 |
2921.331, 4511.12, 4511.13,
4511.15, 4511.191,
4511.20, 4511.201, | 218 |
|
4511.202,
4511.21, 4511.22, 4511.23, 4511.25 to
4511.48, 4511.57 | 219 |
|
to
4511.65, 4511.75, 4549.02, 4549.021, or
4549.03 of the Revised | 220 |
|
Code, division (A) or (B) of section 2921.331 of the Revised Code, | 221 |
|
section 4510.14 of the Revised Code
involving a
suspension
imposed | 222 |
|
under section 4511.191 or 4511.196
of the Revised
Code,
section | 223 |
|
2903.04 of the
Revised Code in a case
in
which the
person
would | 224 |
|
have been subject to the sanctions
described in
division (D)
of | 225 |
|
that section had the person been
convicted of
the
violation of | 226 |
|
that section, former section 2903.07
of the Revised Code, or any | 227 |
|
municipal ordinances similarly
relating to the offenses referred | 228 |
|
to in those
sections; | 229 |
| (2) Any person whose license or permit is suspended under | 236 |
|
division
(A)(1)(a),
(b), or
(c) of
this section shall mail
or | 237 |
|
deliver the person's probationary
driver's
license, restricted | 238 |
|
license, or temporary
instruction permit to the registrar within | 239 |
|
fourteen
days of notification of the suspension. The registrar | 240 |
|
shall
retain the license or permit during the period of the | 241 |
|
suspension. A
suspension pursuant to division (A)(1)(a) of this | 242 |
|
section shall
be a class C
suspension, a
suspension
pursuant to | 243 |
|
division (A)(1)(b) of this
section shall
be a class D suspension, | 244 |
|
and a
suspension pursuant to division
(A)(1)(c) of this section | 245 |
|
shall
be a class E suspension, all for the periods
of
time | 246 |
|
specified in division (B) of section 4510.02 of the
Revised
Code. | 247 |
|
If the person's probationary
driver's license, restricted
license, | 248 |
|
or temporary
instruction permit is under suspension on
the
date | 249 |
|
the court imposes sentence upon the person for a
violation | 250 |
|
described in division (A)(1)(b) of this section, the
suspension | 251 |
|
shall take effect on the next day immediately following
the end
of | 252 |
|
that period of suspension. If the person is sixteen
years of
age | 253 |
|
or older and pleads guilty to or is convicted of a
violation | 254 |
|
described in division (A)(1)(b) of this section and
the
person | 255 |
|
does not have
a current, valid probationary driver's
license, | 256 |
|
restricted
license, or temporary instruction permit, the
registrar | 257 |
|
shall
deny the issuance to the person of a
probationary
driver's | 258 |
|
license, restricted license, driver's
license, commercial
driver's | 259 |
|
license, or temporary instruction permit, as the case
may
be, for | 260 |
|
six months beginning on
the date the court imposes
sentence upon | 261 |
|
the person for the
violation. If the person has not
attained the | 262 |
|
age of sixteen
years on the date the court imposes
sentence upon | 263 |
|
the person
for the
violation, the period of denial
shall commence | 264 |
|
on the date the
person attains the age of sixteen
years. | 265 |
| (B) The registrar also shall
impose a class D
suspension
for | 270 |
|
the period of time specified in division (B)(4) of
section
4510.02 | 271 |
|
of the Revised Code of the temporary
instruction
permit or | 272 |
|
probationary driver's license of any person
under the
age of | 273 |
|
eighteen who has been adjudicated
an unruly
child,
delinquent | 274 |
|
child, or
juvenile traffic offender for having
committed
any act | 275 |
|
that if committed by an adult would be a drug
abuse
offense
or a | 276 |
|
violation of division (B) of section 2917.11 of the Revised
Code. | 277 |
|
The registrar, in the registrar's discretion, may
terminate the | 278 |
|
suspension
if the child,
at
the discretion of the
court,
attends | 279 |
|
and satisfactorily completes a
drug
abuse or
alcohol abuse | 280 |
|
education, intervention, or treatment
program
specified by the | 281 |
|
court. Any person whose temporary
instruction
permit or | 282 |
|
probationary driver's license is suspended
under this
division | 283 |
|
shall mail or deliver the person's
permit or license
to
the | 284 |
|
registrar within fourteen days of notification of the
suspension. | 285 |
|
The registrar shall retain the permit or license
during
the
period | 286 |
|
of the suspension. | 287 |
| (C)(1)
Except as provided in division (C)(3) of this
section, | 288 |
|
for
any
person who is
convicted of, pleads guilty to,
or is | 289 |
|
adjudicated in juvenile
court of having committed a
second
or | 290 |
|
third violation of section
4511.12,
4511.13, 4511.15, 4511.20
to | 291 |
|
4511.23, 4511.25, 4511.26 to
4511.48, 4511.57 to 4511.65, or | 292 |
|
4511.75 of the Revised Code or
any similar municipal ordinances | 293 |
|
and whose license or permit is suspended
under division (A)(1)(a) | 294 |
|
or (c) of
this section, the
court in which the
second or third | 295 |
|
conviction, finding, plea, or
adjudication
resulting in the | 296 |
|
suspension was made, upon petition of the
person, may grant the | 297 |
|
person
limited driving privileges
during the
period
during which | 298 |
|
the suspension otherwise would be imposed under
division
(A)(1)(a) | 299 |
|
or (c) of this section
if the court finds
reasonable cause to | 300 |
|
believe that the suspension will seriously affect the person's | 301 |
|
ability
to
continue in employment,
educational training, | 302 |
|
vocational
training,
or treatment.
In
granting
the limited
driving | 303 |
|
privileges, the court
shall
specify
the
purposes, times,
and | 304 |
|
places
of the privileges and may impose
any other conditions
upon | 305 |
|
the person's
driving a motor
vehicle
that the court
considers | 306 |
|
reasonable and necessary. | 307 |
| A court that grants
limited driving privileges
to a
person | 308 |
|
under this division shall retain the person's
probationary | 309 |
|
driver's license, restricted license, or temporary
instruction | 310 |
|
permit during the period the
license or permit is
suspended and | 311 |
|
also during the period for which
limited driving privileges are | 312 |
|
granted, and shall
deliver to
the
person a permit card, in a form | 313 |
|
to be prescribed by the
court,
setting forth the date on which the
| 314 |
|
limited
driving
privileges will become effective,
the purposes for | 315 |
|
which the
person may
drive, the times and places at which
the | 316 |
|
person may
drive, and any other conditions imposed upon the | 317 |
|
person's use of a
motor vehicle. | 318 |
| The court immediately shall notify the registrar, in
writing, | 319 |
|
of a grant of
limited driving privileges
under this
division.
The | 320 |
|
notification shall specify the date on which the
limited
driving | 321 |
|
privileges will become effective,
the
purposes for which
the | 322 |
|
person
may drive, the times and places at
which the person may | 323 |
|
drive, and any other conditions imposed upon
the person's use of a | 324 |
|
motor vehicle. The registrar shall not
suspend the probationary | 325 |
|
driver's license, restricted
license, or
temporary instruction | 326 |
|
permit
of any person pursuant to division
(A) of this section | 327 |
|
during any
period for which the person has
been granted
limited | 328 |
|
driving
privileges as provided
in this division, if the registrar | 329 |
|
has
received the notification
described in this division from the | 330 |
|
court. | 331 |
| (2)
Except as provided in division (C)(3) of this
section,
in | 332 |
|
any case in which the temporary instruction permit or
probationary | 333 |
|
driver's license of a person under eighteen years of
age has been | 334 |
|
suspended under
division (A) or (B) of this section
or any other | 335 |
|
provision
of law, the
court may grant the person
limited driving | 336 |
|
privileges for the purpose of the
person's
practicing of
driving | 337 |
|
with the person's parent, guardian, or other
custodian during the | 338 |
|
period of the suspension.
Any grant of
limited driving privileges | 339 |
|
under this division shall
comply with
division (D) of section | 340 |
|
4510.021 of the Revised Code. | 341 |
| (3) A court shall not grant limited driving privileges to a | 342 |
|
person
identified in division (C)(1) or (2) of this section if the | 343 |
|
person,
within the preceding six years, has been convicted of, | 344 |
|
pleaded guilty to, or
adjudicated in juvenile court of having | 345 |
|
committed three or more violations of
one or more of the divisions | 346 |
|
or sections set forth in divisions
(G)(2)(b) to (g) of section | 347 |
|
2919.22
of the Revised Code. | 348 |
| (D) If a
person who has been granted
limited
driving | 349 |
|
privileges under division (C) of this section is convicted
of, | 350 |
|
pleads guilty to, or is adjudicated in juvenile court of
having | 351 |
|
committed, a violation of
Chapter
4510. of
the Revised Code, or
a | 352 |
|
subsequent violation of any of
the
sections of
the Revised Code | 353 |
|
listed in division
(A)(1)(a) of this section or any
similar | 354 |
|
municipal ordinance
during the period for which the
person was | 355 |
|
granted
limited driving privileges, the court that
granted
the
| 356 |
|
limited driving privileges shall
suspend
the person's permit
card. | 357 |
|
The court or the clerk
of the court
immediately shall
forward the | 358 |
|
person's probationary
driver's
license, restricted
license, or | 359 |
|
temporary
instruction
permit together with written
notification
of | 360 |
|
the court's action to
the registrar. Upon receipt
of the
license | 361 |
|
or permit and
notification, the registrar shall
impose a class C | 362 |
|
suspension of the
person's probationary driver's
license, | 363 |
|
restricted
license, or temporary instruction permit for
the
period | 364 |
|
of
time specified in division (B)(3) of section
4510.02 of
the | 365 |
|
Revised Code. The registrar shall retain
the
license or permit | 366 |
|
during the period of suspension, and no further
limited
driving | 367 |
|
privileges shall be granted during
that period. | 368 |