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
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.
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).
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).
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).
|