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Ohio Driver's License Law

POINTS FORMULA RC 4510.036(c)

SIX POINT VIOLATIONS

FOUR POINT VIOLATIONS

Aggravated vehicular homicide, vehicular homicide, vehicular manslaughter

aggravated vehicular assault, or vehicular assault

Operation of vehicle after underage consumption

Operation in willful or wanton disregard of safety of persons or property

Willful fleeing and eluding law enforcement officer

Exceeding speed limit by > 30 mph

Failure to stop and disclose identity at scene of accident

TWO POINT VIOLATIONS

Street racing

Exceeding speed limit of 55 or higher by > 10 mph but < 30 mph

Driving under a 12-point, OVI, or ALS 'suspension

Exceeding speed limit of less than 55 mph by > 5 mph but < 30 mph

Driving under the influence of alcohol, drug of abuse, or both

Operating in violation of registrar's license restriction

Unauthorized use of vehicle (that does not involve an aircraft or motorboat)

RC 4510.11, RC 4510.111, RC 4510.16, RC 4510.21, or any DUS ordinance

Any felony motor vehicle violation; any felony committed with a motor vehicle

All other moving violations, except for RC 4510.12 which is 0 points

RC 4507.35 - FAILURE TO DISPLAY LICENSE OR PROOF OF LICENSE - 0 POINTS

Level/No. of Offense

Degree of Offense

Incarceration/ Community Service

Fines

Class 7 Suspension (< 1 year)

Immobilization

Forfeiture

Impound Plates Required

First or second

in 3 years

Unclassified misdemeanor

0 - 500 hours community service1

$0 - $1,000

No

No

No

No

Third or more

in 3 years

M-1

0 - 180 days

$0 - $1,000

No

No

No

No

RC 4510.037(J) - DRIVING UNDER 12-POINT SUSPENSION - 6 POINTS

Level/No. of Offense

Degree of Offense

Incarceration

Fines

Class 7 Suspension (< 1 year)

Immobilization

Forfeiture

Impound Plates Required

Any

M-1

3 - 180 days

0 - $1,000

No

No

No

No

RC 4510.11 - DRIVING UNDER SUSPENSION OR IN VIOLATION OF LICENSE RESTRICTION2- 2 POINTS

Level/No. of Offense (includes prior RC 4510.111 and 4510.16)

Degree of Offense

Incarceration

Fines

Restitution for loss due to accident

Class 7 Suspension (< 1 year)

Immobilization

Forfeiture

Impound Plates Required 3

First

in 3 years

M-1

0 - 180 days

$0 - $1,000

Up to $5000 if no proof of Δ's FRA

Optional

No

No

No

Second

in 3 years

M-1

0 - 180 days

$0 - $1,000

Up to $5000 if no proof of Δ's FRA

Optional

Optional 30 days if Δ owns vehicle

No

Optional 30 days if Δ owns vehicle

Third

in 3 years

M-1

0 - 180 days

$0 - $1,000

Up to $5000 if no proof of Δ's FRA

Optional

Optional 60 days if Δ owns vehicle

No

Optional 60 days if Δ owns vehicle

Fourth or more

in 3 years

M-1

0 - 180 days

$0 - $1,000

Up to $5000 if no proof of Δ's FRA

Optional

No

Optional if Δ owns vehicle4

Optional

RC 4510.111 - DRIVING UNDER SUSPENSION/ LICENSE FORFEITURE OR CHILD SUPPORT - 2 POINTS

Level/No. of Offense (includes prior RC 4510.11 and 4510.16)

Degree of Offense

Incarceration/ Community Service

Fines

Restitution for loss due to accident

Class 7 Suspension (< 1 year)

Immobilization

Forfeiture

Impound Plates Required 3

First

in 3 years

Unclassified misdemeanor

0 - 500 hours community service1

$0 - $1,000

No

Optional

No

No

No

Second

in 3 years

Unclassified misdemeanor

0 - 500 hours community service1

$0 - $1,000

No

Optional

Optional 30 days if Δ owns vehicle

No

Optional 30 days if Δ owns vehicle

Third

in 3 years

M-1

0 - 180 days

$0 - $1,000

Up to $5000 if no proof of Δ's FRA

Optional

Optional 60 days if Δ owns vehicle

No

Optional 60 days if Δ owns vehicle

Fourth or more

in 3 years

M-1

0 - 180 days

$0 - $1,000

Up to $5000 if no proof of Δ's FRA

Optional

No

Optional if Δ owns vehicle

Optional

RC 4510.12 - OPERATING MOTOR VEHICLE OR MOTORCYCLE WITHOUT VALID LICENSE - 0 POINTS

Level/No. of Offense

Degree of Offense

Incarceration/ Community Service


Fines

Class 7 Suspension (< 1 year)


Immobilization


Forfeiture

Impound Plates Required

Never licensed

RC 4510.12(C)(1)

First anytime

Unclassified misdemeanor

0 - 500 hours community service1

$0 - $1,000

No

No

No

No

Second or more anytime

M-1

0 - 180 days

$0 - $1,000

No

No

No

No

Expired license

RC 4510.12(C)(2)

First or second

in 3 years

MM

No

$0 - $150

No for first offense or if prior was

> 3 years.

Optional if a prior in 3 years and expired > 6 months.

No

No

No

Third or more

in 3 years

M-1

0 - 180 days

$0 - $1000

No

No

No

1Defendant may not be sentenced to jail term or community residential sanction. Failure to perform community service may be punished as indirect criminal contempt.

2It is an affirmative defense that accused drove because of substantial emergency and no other person was reasonably able to drive in response to the same. RC 4510.04.

3The court may impound the plates of any vehicle registered in the name of the defendant. See RC 4507.02(B)(1) and RC 4507.164.

4If title to subject vehicle is assigned or transferred, offender may be fined value of vehicle per national automobile dealer's association publications. RC 4503.234(E).

Judge Jennifer P. Weiler, Garfield Heights Municipal Court

©2011 Jennifer P. Weiler. All rights reserved.

With 2011 Sub. H.B. 5 changes, effective 9-23-11.

RC 4510.14 - DRIVING UNDER OVI SUSPENSION1- 6 POINTS

Level/No. of Offense

Degree of Offense

Incarceration

Fines

Restitution for loss due to accident

Class 7 Suspension (< 1 year)

Immobilization

Forfeiture

Impound Plates Required 2

First

in 6 years

M-1

3 - 180 days jail or 30 - 180 days HAEM.3

$250 - $1,000

Up to $5000 if no proof of Δ's FRA

Mandatory

Mandatory 30 days if Δ owns vehicle

No

Mandatory 30 days if Δ owns vehicle

Second

in 6 years

M-1

10 days to 1 year jail or 90 days to 1 year HAEM.3

$500 - $2,500

Up to $5000

if no proof

of Δ's FRA

Mandatory

Mandatory 60 days if Δ owns vehicle

No

Mandatory 60 days if Δ owns vehicle

Third or more

in 6 years

Misdemeanor

30 days to 1 year jail. No HAEM.3

$500 - $2,500

Up to $5000 if no proof of Δ's FRA

Mandatory

No

Mandatory if Δ owns vehicle4

Optional if Δ owns vehicle

RC 4510.16 - DRIVING UNDER FRA SUSPENSION/CANCELLATION/NONPAYMENT JUDGMENT1&5- 2 POINTS

Level/No. of Offense (includes prior RC 4510.11 and 4510.111)

Degree of Offense

Incarceration/ Community Service

Fines

Restitution for loss due to accident

Class 7 Suspension (< 1 year)

Immobilization

Forfeiture

Impound Plates Required 2

First

in 3 years

Unclassified misdemeanor

0 - 500 hours community service6

$0 - $1,000

Up to $5000 if no proof of Δ's FRA

Optional

No

No

No

Second

in 3 years

Unclassified misdemeanor

0 - 500 hours community service6

$0 - $1,000

Up to $5000 if no proof of Δ's FRA

Optional

Optional 30 days if Δ owns vehicle

No

Optional 30 days if Δ owns vehicle

Third

in 3 years

M-1

0 - 180 days

$0 - $1,000

Up to $5000 if no proof of Δ's FRA

Optional

Optional 60 days if Δ owns vehicle

No

Optional 60 days if Δ owns vehicle

Fourth or more

in 3 years

M-1

0 - 180 days

$0 - $1,000

Up to $5000 if no proof of Δ's FRA

Optional

No

Optional if Δ owns vehicle4

Optional if Δ owns vehicle

RC 4510.21 - FAILURE TO REINSTATE LICENSE1 - 2 POINTS

Level/No. of Offense

Degree of Offense

Incarceration/ Community Service

Fines

Class 7 Suspension

(< 1 year)

Immobilization

Forfeiture

Impound Plates Required

First or second

in 3 years

Unclassified misdemeanor

0 - 500 hours community service6

$0 - $1,000

Optional

No

No

No

Third or more

in 3 years

M-1

0 - 180 days

$0 - $1,000

Optional

No

No

No

RC 4511.203 - WRONGFUL ENTRUSTMENT OF MOTOR VEHICLE - 0 POINTS

Level/No. of Offense

Degree of Offense

Incarceration/ Community Service

Fines

Class 7 Suspension (< 1 year)

Immobilization

Forfeiture

Impound Plates Required 2

First in 3 years:

RC 4511.203(A)(1),(2) or (3)

Unclassified misdemeanor

0 - 500 hours community service6

$0 - $1,000

Optional

Optional 30 days

No

Optional 30 days

RC 4511.203(A)(4) or (5)

M-1

0-180 days

Second in 3 years:

RC 4511.203(A)(1),(2) or (3)

Unclassified misdemeanor

0 - 500 hours community service6

$0 - $1,000

Optional

Optional 60 days

No

Optional 60 days

RC 4511.203(A)(4) or (5)

M-1

0-180 days

Third or more in 3 years:

RC 4511.203(A)(1),(2), or (3) or RC 4511.203(A)(4) or (5)

M-1

0 - 180 days

$0 - $1,000

Optional

No

Optional4

Optional

_____________________________________________

1It is an affirmative defense that accused drove because of substantial emergency and no other person was reasonably able to drive in response to the same. RC 4510.04.

2The court may impound the plates of any vehicle registered in the name of the defendant. See RC 4507.02(B)(1) and RC 4507.164.

3HAEM means house arrest with electronic monitoring. Within 60 days, court must issue finding of lack availability of jail space. RC 4510.14(C).

4If title to subject vehicle is assigned or transferred, offender may be fined value of vehicle per national automobile dealer's association publications.

5It is an affirmative defense that the suspension resulted from the person's failure to respond to a random financial responsibility request, and at the time of the request, the

person was in compliance with requirements as shown by proof of financial responsibility then in effect. RC 4510.04.

6Defendant may not be sentenced to jail term or community residential sanction. Failure to perform community service may be punished as indirect criminal contempt.

LIMITED Driving privileges

  • Court-Imposed Suspensions Acourt may grant limited driving privileges except for:

1. The "hard-time" of a class 2, or any portion of a class 1 suspension, for failure to comply, willful fleeing and eluding. RC 2921.331(E).

2. The "hard-time" of OVI, OVUAC or ALS. RC 4510.13(A).

3. Child endangering involving operating under the influence, and three or more prior/equivalent offenses within six years. RC 2919.22(G).

4. Certain moving violations committed by juveniles with three or more prior offenses. RC 4510.31(C)(3).

5. The operation of a commercial vehicle by person with suspended driver's license or CDL or commercial motor vehicle disqualification. RC 4506.161.

  • Bureau of Motor Vehicles Suspensions Acourt may not grant limited driving privileges except for:

    1. Extension of time, up to 180 days, for offender to reasonably acquire reinstatement fees if payment of fees if is the only impediment to reinstatement.

Privileges may be for occupational or "family necessity" only. RC 4510.10(D)(2).

2. FRA suspensions as follows:

a. First offense: only with proof of financial responsibility and compliance with RC 4509.101(A)(5). RC 4509.101(A)(2)(a).

b. Second offense within 5 years: as above but no privileges allowable for first 15 days of the suspension. RC 4509.101(A)(2)(b).

c. Third or greater offense within 5 years: no privileges may be granted. RC 4509.101(A)(2)(c).

3. Upon an appeal of a twelve point suspension. RC 4510.037(G).

4. Upon certain juvenile probationary suspensions by the issuing court upon finding that the person's ability to continue employment, educational or

vocational training, or treatment will be seriously affected. RC 4510.31(C)(1).

5. For Class D suspensions on Ohio residents for drug convictions from other state or federal court, except during "hard-time" of same. RC 4510.17(E).

  • Conditions In granting limited driving privileges, the court:

1. Shall specify the purposes, times and places of the privileges. RC 4510.021(A).

2. Shall require the offender to provide proof of financial responsibility. RC 4510.021(E).

3. May impose any other reasonable conditions including requiring immobilizing and disabling device and/or restricted plates. RC 4510.021(A),(C).

  • Purposes Privileges may be granted for:

1. Occupational, educational, vocational, or medical purposes. RC 4510.021(A)(1).

2. Taking driver's or commercial driver's license examination. RC 4510.021(A)(2).

3. Attending court-ordered treatment. RC 4510.021(A)(3).

4. For juveniles, practice driving with parent, guardian, or custodian in the seat beside the juvenile. RC 4510.021(D).

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