Title
TO AMEND SECTION 333.01, DRIVING OR PHYSICAL CONTROL WHILE UNDER THE INFLUENCE, OF CHAPTER 333, DUI; WILLFUL MISCONDUCT; SPEED, OF THE CODIFIED ORDINANCES OF THE CITY OF GAHANNA; EVIDENCE, AND SECTION 333.99, OF CHAPTER 333, PENALTY, OF CHAPTER 333, DUI; WILLFUL MISCONDUCT; SPEED, OF THE CODIFIED ORDINANCES OF THE CITY OF GAHANNA; AND TO DECLARE AN EMERGENCY.
Version
Safety Committee of Council 3/27 - pc
Body
WHEREAS, the State law has changed regarding violators of the DUI laws in the State of Ohio; and
WHEREAS, Safety Committee of Council reviewed this change, and on March 27, recommended, along with the Mayor and Chief of Police, that the State provisions be incorporated in the City of Gahanna Ordinances; and
WHEREAS, The Walter H. Drane Company, codifier for the City of Gahanna has now recommended wording for this legislation, and it is desirable and necessary to move forward to effect this change at the earliest period allowed by law, in order to have continuity in laws and penalties issued for violators, all for the preservation of the public peace,health, safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GAHANNA, STATE OF OHIO:
Section 1. That Section 333.01, Driving or Physical Control While Under The Influence; Evidence, of Chapter 333, DUI; Willful Misconduct; Speed, of the Codified Ordinances of the City of Gahanna is hereby amended as follows:
333.01 DRIVING OR PHYSICAL CONTROL WHILE UNDER THE INFLUENCE; EVIDENCE.
(a) Operation Generally. No person shall operate any vehicle within the Municipality, if any of the following apply:
(1) The person is under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;
(2) The person has a concentration of ten-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight of alcohol in the person's blood;
(3) The person has a concentration of ten-hundredths of one gram or more but less than seventeen-hundredths of one gram by weight of alcohol per two hundred ten liters of the person's breath;
(4) The person has a concentration of fourteen-hundredths of one gram or more but less than two hundred thirty-eight-thousandths of one gram by weight of alcohol per one hundred milliliters of the person's urine;
(5) The person has a concentration of seventeen-hundredths of one per cent or more by weight of alcohol in the person's blood;
(6) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath;
(7) The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person's urine.
(b) Operation After Under-Age Consumption. No person under twenty-one years of age shall operate any vehicle within this Municipality, if any of the following apply:
(1) The person has a concentration of at least two-hundredths of one per cent but less than ten-hundredths of one per cent by weight of alcohol in the person's blood;
(2) The person has a concentration of at least two-hundredths of one gram but less than ten-hundredths of one gram by weight of alcohol per two hundred ten liters of the person's breath;
(3) The person has a concentration of at least twenty-eight one-thousandths of one gram but less than fourteen-hundredths of one gram by weight of alcohol per one hundred milliliters of the person's urine.
(c) One Conviction Limitation. In any proceeding arising out of one incident, a person may be charged with a violation of subsection (a)(1) hereof and a violation of subsection (b)(1), (2) or (3) hereof, but the person may not be convicted of more than one violation of these subsections.
(d) Physical Control Generally. No person shall be in actual physical control of any vehicle within the Municipality, if any of the following apply:
(1) The person is under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;
(2) The person has a concentration of ten-hundredths of one per cent or more by weight of alcohol in the person's blood;
(3) The person has a concentration of ten-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath;
(4) The person has a concentration of fourteen-hundredths of one gram or more by weight of alcohol per one hundred milliliters of the person's urine;
(e) Physical Control by Minors. No person under twenty-one years of age shall be in actual physical control of any vehicle within this Municipality, if any of the following apply:
(1) The person has a concentration of at least two-hundredths of one per cent but less than ten-hundredths of one per cent by weight of alcohol in the person's blood;
(2) The person has a concentration of at least two-hundredths of one gram but less than ten-hundredths of one gram by weight of alcohol per two hundred ten liters of the person's breath;
(3) The person has a concentration of at least twenty-eight one-thousandths of one gram but less than fourteen-hundredths of one gram by weight of alcohol per one hundred milliliters of the person's urine.
(f) (1) Evidence; Tests; Immunity. In any criminal prosecution or juvenile court proceeding for a violation of this section, the court may admit evidence on the concentration of alcohol, drugs of abuse, or alcohol and drugs of abuse in the defendant's blood, breath, urine or other bodily substance at the time of the alleged violation as shown by chemical analysis of the defendant's blood, urine, breath or other bodily substance withdrawn within two hours of the time of the alleged violation.
When a person submits to a blood test at the request of a police officer under Ohio R.C. 4511.191, only a physician, a registered nurse or a qualified technician or chemist shall withdraw blood for the purpose of determining its alcohol, drug, or alcohol and drug content. This limitation does not apply to the taking of breath or urine specimens. A physician, a registered nurse or a qualified technician or chemist may refuse to withdraw blood for the purpose of determining the alcohol, drug, or alcohol and drug content of the blood, if in the opinion of the physician, nurse, technician, or chemist the physical welfare of the person would be endangered by the withdrawing of blood.
Such bodily substance shall be analyzed in accordance with methods approved by the Ohio Director of Health by an individual possessing a valid permit issued by the Director of Health pursuant to Ohio R.C. 3701.143.
(2) In a criminal prosecution or juvenile court proceeding for violation of subsection (a) hereof if there was at the time the bodily substance was withdrawn a concentration of less than ten-hundredths of one percent (0.10%) by weight of alcohol in the defendant's blood, less than ten-hundredths (0.10) of one gram by weight of alcohol per 210 liters of the defendant's breath or less than fourteen-hundredths (0.14) of one gram by weight of alcohol per 100 milliliters of the defendant's urine, such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. This subsection does not limit or affect a criminal prosecution or juvenile court proceeding for a violation of subsection (b) hereof.
(3) Upon the request of the person who was tested, the results of the chemical test shall be made available to the person or the person's attorney or agent, immediately upon the completion of the chemical test analysis.
The person tested may have a physician, a registered nurse or a qualified technician or chemist of the person's own choosing administer a chemical test or tests in addition to any administered at the request of a police officer, and shall be so advised. The failure or inability to obtain an additional chemical test by a person shall not preclude the admission of evidence relating to the chemical test or tests taken at the request of a police officer.
(4) Any physician, registered nurse or qualified technician or chemist who withdraws blood from a person pursuant to this section, and any hospital, first-aid station or clinic at which blood is withdrawn from a person pursuant to this section, is immune from criminal liability, and from civil liability that is based upon a claim of assault and battery or based upon any other claim that is not in the nature of a claim of malpractice, for any act performed in withdrawing blood from a person. (ORC 4511.19)
Section 2. That existing Section 333.01, Driving or Physical Control While Under The Influence; Evidence, of Chapter 333, DUI; Willful Misconduct; Speed, of the Codified Ordinances of the City of Gahanna, or any ordinances or parts of ordinances in conflict herewith, is hereby repealed.
Section 3. That Section 333.99, PENALTY, of Chapter 333, DUI; Willful
Misconduct; Speed, of the Codified Ordinances of the City of Gahanna is
hereby amended as follows:
333.99 PENALTY.
(a) General Classification; Speeding Exceptions.
(1)Whoever violates any provision of this Traffic Code, for which no
other penalty is provided, is guilty of one of the following:
A. Except as otherwise provided in this subsection (a)(1) hereof, a minor
misdemeanor;
B. If, within one year of the offense, the offender has been previously
convicted of or pleaded guilty to one violation of this Traffic Code for which
no other penalty is provided or of any provision of the Ohio Revised Code
or of a municipal ordinance that is substantially similar to any such provision
of this Traffic Code, a misdemeanor of the fourth degree;
C. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of any provision described in subsection (a)(1)B. hereof, a misdemeanor of
the third degree (ORC 4511.99)
(2) When any person is found guilty of a first offense for a violation of Section 333.03 upon a finding that the person operated a motor vehicle faster than thirty-five miles an hour in a business district, or faster than fifty miles an hour in other portions, or faster than thirty-five miles an hour while passing through a school zone during recess or while children are going to or leaving school during the opening or closing hours, such person is guilty of a misdemeanor of the fourth degree.
(ORC 4511.99)
(b) Driving Under the Influence. Whoever violates Section 333.01(a)(1), (2), (3) or (4) hereof, in addition to the license suspension or revocation provided in Ohio R.C. 4507.16 and any disqualification imposed under Ohio R.C. 4506.16, shall be punished as provided in subsection (b)(1), (2) or (3) hereof. Whoever violates Section 333.01(a)(5), (6) or (7), in addition to the license suspension or revocation provided in Ohio R.C. 4507.16 and any disqualification imposed under Ohio R.C. 4506.16, shall be punished as provided in subsection (b)(5), (6) or (7) hereof.
(1) Except as otherwise provided in subsections (b)(2) to (b)(4) hereof, the offender is guilty of a misdemeanor of the first degree and the court shall sentence the offender to a term of imprisonment of three consecutive days and may sentence the offender pursuant to Section 303.99(b) to a longer term of imprisonment. In addition, the court shall impose upon the offender a fine of not less than two hundred fifty dollars ($250.00) and not more than one thousand dollars ($1,000).
The court may suspend the execution of the mandatory three consecutive days of imprisonment that it is required to impose by this paragraph, if the court, in lieu of the suspended term of imprisonment, places the offender on probation and requires the offender to attend, for three consecutive days, a drivers' intervention program that is certified pursuant to Ohio R.C. 3793.10. The court also may suspend the execution of any part of the mandatory three consecutive days of imprisonment that it is required to impose by this paragraph, if the court places the offender on probation for part of the three consecutive days; requires the offender to attend, for that part of the three consecutive days, a drivers' intervention program that is certified pursuant to Ohio R.C. 3793.10; and sentences the offender to a term of imprisonment equal to the remainder of the three consecutive days that the offender does not spend attending the drivers' intervention program. The court may require the offender, as a condition of probation, to attend and satisfactorily complete any treatment or education programs that comply with the minimum standards adopted pursuant to Ohio R.C. Chapter 3793 by the State Director of Alcohol and Drug Addiction Services, in addition to the required attendance at a drivers' intervention program, that the operators of the drivers' intervention program determine that the offender should attend and to report periodically to the court on the offender's progress in the programs. The court also may impose any other conditions of probation on the offender that it considers necessary.
(2) Except as otherwise provided in subsection (b)(4) hereof, the offender is guilty of a misdemeanor of the first degree, and, except as provided in this subsection, the court shall sentence the offender to a term of imprisonment of ten consecutive days and may sentence the offender pursuant to Section 303.99(b) to a longer term of imprisonment if, within six years of the offense, the offender has been convicted of or pleaded guilty to one violation of the following:
A. Division (A) or (B) of Ohio R.C. 4511.19;
B. A municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;
C. A municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath or urine;
D. Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in division (D) of that section;
E. Division (A)(1) of Ohio R.C. 2903.06 or division (A)(1) of Ohio R.C. 2903.08 or a municipal ordinance that is substantially similar to either of those divisions;
F. Division (A)(2), (3) or (4) of Ohio R.C. 2903.06, division (A)(2) of Ohio R.C. 2903.08, or former Ohio R.C. 2903.07, or a municipal ordinance that is substantially similar to any of those divisions or that former section, in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;
G. A statute of the United States or of any other state or a municipal ordinance of a municipal corporation located in any other state that is substantially similar to division (A) or (B) of Ohio R.C. 4511.19.
As an alternative to the term of imprisonment required to be imposed by this paragraph, but subject to paragraph (12) hereof, the court may impose upon the offender a sentence consisting of both a term of imprisonment of five consecutive days and not less than eighteen consecutive days of electronically monitored house arrest as defined in Ohio R.C. 2929.23(A)(4). The five consecutive days of imprisonment and the period of electronically monitored house arrest shall not exceed six months. The five consecutive days of imprisonment do not have to be served prior to or consecutively with the period of electronically monitored house arrest.
In addition, the court shall impose upon the offender a fine of not less than three hundred fifty dollars ($350.00) and not more than one thousand five hundred dollars ($1,500).
In addition to any other sentence that it imposes upon the offender, the court may require the offender to attend a drivers' intervention program that is certified pursuant to Ohio R.C. 3793.10. If the officials of the drivers' intervention program determine that the offender is alcohol dependent, they shall notify the court, and the court shall order the offender to obtain treatment through an alcohol and drug addiction program authorized by Ohio R.C. 3793.02. The cost of the treatment shall be paid by the offender.
(3) Except as otherwise provided in subsection (b)(4) hereof, if, within six years of the offense, the offender has been convicted of or pleaded guilty to two violations identified in subsection (b)(2) hereof, except as provided in this paragraph, the court shall sentence the offender to a term of imprisonment of thirty consecutive days and may sentence the offender to a longer definite term of imprisonment of not more than one year. As an alternative to the term of imprisonment required to be imposed by this paragraph, but subject to paragraph (12) hereof, the court may impose upon the offender a sentence consisting of both a term of imprisonment of fifteen consecutive days and not less than fifty-five consecutive days of electronically monitored house arrest as defined in Ohio R.C. 2929.23(A)(4). The fifteen consecutive days of imprisonment and the period of electronically monitored house arrest shall not exceed one year. The fifteen consecutive days of imprisonment do not have to be served prior to or consecutively with the period of electronically monitored house arrest.
In addition, the court shall impose upon the offender a fine of not less than five hundred fifty dollars ($550.00) and not more than twenty-five hundred dollars ($2,500).
In addition to any other sentence that it imposes upon the offender, the court shall require the offender to attend an alcohol and drug addiction program authorized by Ohio R.C. 3793.02. The cost of the treatment shall be paid by the offender. If the court determines that the offender is unable to pay the cost of attendance at the treatment program, the court may order that payment of the cost of the offender's attendance at the treatment program be made from that court's indigent drivers alcohol treatment fund.
(4) If, within six years of the offense, the offender has been convicted of or pleaded guilty to three or more violations identified in subsection (b)(2) hereof, or if the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 4511.19(A) under circumstances in which the violation was a felony and regardless of when the violation and the conviction or guilty plea occurred, the offender is guilty of a felony and shall be prosecuted under appropriate State law.
(5) A. Except as otherwise provided in paragraph (6), (7) or (8) hereof, the offender is guilty of a misdemeanor of the first degree, and the court shall sentence the offender to one of the following:
1. A term of imprisonment of at least three consecutive days and a requirement that the offender attend, for three consecutive days, a drivers' intervention program that is certified pursuant to Ohio R.C. 3793.10.
2. If the court determines that the offender is not conducive to treatment in the program, if the offender refuses to attend the program, or if the place of imprisonment can provide a drivers' intervention program, a term of imprisonment of at least six consecutive days.
B. In addition, the court shall impose upon the offender a fine of not less than two hundred fifty dollars ($250.00) and not more than one thousand dollars ($1,000).
The court may require the offender, as a condition of probation, to attend and satisfactorily complete any treatment or education programs that comply with the minimum standards adopted pursuant to Ohio R.C. Chapter 3793 by the Director of Alcohol and Drug Addiction Services, in addition to the required attendance at a drivers' intervention program, that the operators of the drivers' intervention program determine that the offender should attend and to report periodically to the court on the offender's progress in the programs. The court also may impose any other conditions of probation on the offender that it considers necessary.
(6) Except as otherwise provided in paragraph (8) hereof and except as provided in this paragraph, if, within six years of the offense, the offender has been convicted of or pleaded guilty to one violation identified in subsection (b)(2) hereof, the offender is guilty of a misdemeanor of the first degree, and the court shall sentence the offender to a term of imprisonment of twenty consecutive days and may sentence the offender pursuant to Section 303.99(b) to a longer term of imprisonment. As an alternative to the term of imprisonment required to be imposed by this paragraph, but subject to paragraph (12) hereof, the court may impose upon the offender a sentence consisting of both a term of imprisonment of ten consecutive days and not less than thirty-six consecutive days of electronically monitored house arrest as defined in Ohio R.C. 2929.23(A). The ten consecutive days of imprisonment and the period of electronically monitored house arrest shall not exceed six months. The ten consecutive days of imprisonment do not have to be served prior to or consecutively with the period of electronically monitored house arrest.
In addition, the court shall impose upon the offender a fine of not less than three hundred fifty dollars ($350.00) and not more than one thousand five hundred dollars ($1,500).
In addition to any other sentence that it imposes upon the offender, the court may require the offender to attend a drivers' intervention program that is certified pursuant to Ohio R.C. 3793.10. If the officials of the drivers' intervention program determine that the offender is alcohol dependent, they shall notify the court, and the court shall order the offender to obtain treatment through an alcohol and drug addiction program authorized by Ohio R.C. 3793.02. The offender shall pay the cost of the treatment.
(7) Except as otherwise provided in paragraph (8) hereof, and except as provided in this paragraph, if, within six years of the offense, the offender has been convicted of or pleaded guilty to two violations identified in subsection (b)(2) hereof, the court shall sentence the offender to a term of imprisonment of sixty consecutive days and may sentence the offender to a longer definite term of imprisonment of not more than one year, as an alternative to the term of imprisonment required to be imposed by this paragraph, but subject to paragraph (12) hereof, the court may impose upon the offender a sentence consisting of both a term of imprisonment of thirty consecutive days and not less than one hundred ten consecutive days of electronically monitored house arrest as defined in Ohio R.C. 2929.23(A). The thirty consecutive days of imprisonment and the period of electronically monitored house arrest shall not exceed one year. The thirty consecutive days of imprisonment do not have to be served prior to or consecutively with the period of electronically monitored house arrest.
In addition, the court shall impose upon the offender a fine of not less than five hundred fifty dollars ($550.00) and not more than two thousand five hundred dollars ($2,500).
In addition to any other sentence that it imposes upon the offender, the court shall require the offender to attend an alcohol and drug addiction program authorized by Ohio R.C. 3793.02. The offender shall pay the cost of the treatment. If the court determines that the offender is unable to pay the cost of attendance at the treatment program, the court may order that payment of the cost of the offender's attendance at the treatment program be made from that court's indigent drivers alcohol treatment fund.
(8) If, within six years of the offense, the offender has been convicted of or pleaded guilty to three or more violations identified in subsection (b)(2) hereof or if the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 4511.19(A) under circumstances in which the violation was a felony, regardless of when the prior violation and the prior conviction or guilty plea occurred, the offender is guilty of a felony and shall be prosecuted under appropriate state law.
(9) A. Except as provided in paragraph (9)B. hereof, upon a showing that imprisonment would seriously affect the ability of an offender sentenced pursuant to paragraphs (1) to (3) and (5) to (7) hereof to continue the offender's employment, the court may authorize that the offender be granted work release from imprisonment after the offender has served the three, six, ten, twenty, thirty or sixty consecutive days of imprisonment that the court is required by paragraphs (1) to (3) and (5) to (7) hereof to impose. No court shall authorize work release from imprisonment during the three, six, ten, twenty, thirty or sixty consecutive days of imprisonment or the mandatory term of local incarceration of sixty consecutive days that the court is required by paragraphs (1) to (3) and (5) to (7) hereof to impose. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and the place of imprisonment and the time actually spent under employment.
B. An offender who is sentenced pursuant to paragraph (2), (3), (6) or (7) hereof to a term of imprisonment followed by a period of electronically monitored house arrest is not eligible for work release from imprisonment, but that person shall be permitted work release during the period of electronically monitored house arrest. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and the offender's home or other place specified by the sentencing court and the time actually spent under employment.
(10) Notwithstanding any section of the Ohio Revised Code or this Traffic Code that authorizes the suspension of the imposition or execution of a sentence, the placement of an offender in any treatment program in lieu of imprisonment, or the use of a community control sanction for an offender convicted of a felony, no court shall suspend the ten, twenty, thirty or sixty consecutive days of imprisonment required to be imposed on an offender by paragraph (2), (3), (6) or (7) hereof; no court shall place an offender who is sentenced pursuant to paragraph (2), (3), (6) or (7) hereof in any treatment program in lieu of imprisonment until after the offender has served the ten, twenty, thirty or sixty consecutive days of imprisonment or the mandatory term of local incarceration or mandatory prison term of sixty consecutive days required to be imposed pursuant to paragraph (2), (3), (6) or (7) hereof. No court that imposes a sentence of imprisonment and a period of electronically monitored house arrest upon an offender under paragraph (2), (3), (6) or (7) hereof shall suspend any portion of the sentence or place the offender in any treatment program in lieu of imprisonment or electronically monitored house arrest.
Notwithstanding any section of the Ohio Revised Code or this Traffic Code that authorizes the suspension of the imposition or execution of a sentence or the placement of an offender in any treatment program in lieu of imprisonment, no court, except as specifically authorized by paragraph (1) or (5) hereof, shall suspend the three or more consecutive days of imprisonment required to be imposed by paragraph (1) or (5) hereof or place an offender who is sentenced pursuant to paragraph (1) or (5) hereof in any treatment program in lieu of imprisonment until after the offender has served the three or more consecutive days of imprisonment required to be imposed pursuant to paragraph (1) or (5) hereof.
(11) No court shall sentence an offender to an alcohol treatment program pursuant to paragraph (1) to (8) hereof unless the treatment program complies with the minimum standards adopted pursuant to Ohio R.C. Chapter 3793 by the State Director of Alcohol and Drug Addiction Services.
(12) No court shall impose the alternative sentence of a term of imprisonment plus a term of electronically monitored house arrest permitted to be imposed by paragraph (2), (3), (6) or (7) hereof, unless within sixty days of the date of sentencing, the court issues a written finding, entered into the record, that due to the unavailability of space at the incarceration facility where the offender is required to serve the term of imprisonment imposed upon the offender, the offender will not be able to commence serving the term of imprisonment within the sixty-day period following the date of sentencing. If the court issues such a written finding, the court may impose the alternative sentence comprised of a term of imprisonment and a term of electronically monitored house arrest permitted to be imposed by paragraph (2), (3), (6) or (7) hereof.
(ORC 4511.99)
(13) As used in this section, "three consecutive days" means seventy-two consecutive hours. (ORC 4511.991)
(14) Twenty-five dollars ($25.00) of any fine imposed for violation of a municipal ordinance 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 shall be deposited into the municipal or county indigent drivers alcohol treatment fund created pursuant to Ohio R.C. 4511.191(N).
(ORC 4511.193)
(c) Operation After Under-Age Consumption.
(1) Whoever violates Section 333.01(b) is guilty of operating a motor vehicle after under-age alcohol consumption and shall be punished as follows:
A. Except as otherwise provided in subsection (c)(1)B. hereof, the offender is guilty of a misdemeanor of the fourth degree;
B. The offender is guilty of a misdemeanor of the third degree if, within one year of the offense, the offender has been convicted of or pleaded guilty to any violation of the following:
1. Division (A) or (B) of Ohio R.C. 4511.19;
2. A municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;
3. A municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath or urine;
4. Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in division (D) of that section;
5. Division (A)(1) of Ohio R.C. 2903.06 or division (A)(1) of Ohio R.C. 2903.08 or a municipal ordinance that is substantially similar to either of those divisions;
6. Division (A)(2), (3), or (4) of Ohio R.C. 2903.06, or division (A)(2) of Ohio R.C. 2903.08 or a municipal ordinance that is substantially similar to any of those divisions, or former Ohio R.C. 2903.07 or a substantially similar municipal ordinance, in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;
7. A statute of the United States or of any other state or a municipal ordinance of a municipal corporation located in any other state that is substantially similar to division (A) or (B) of Ohio R.C. 4511.19.
(2) In addition to or independent of all other penalties provided by law, the offender's driver's or commercial driver's license or permit or nonresident operating privilege shall be suspended in accordance with, and for the period of time specified in Ohio R.C. 4507.16 (E),
(3) The court, in addition to and independent of any sentence that it imposes upon the offender for a violation of Section 333.01(b), shall order the immobilization of the vehicle and impoundment of the license plates or forfeiture of the vehicle as provided in Ohio R.C. 4511.193.
(d) Physical Control; Willful or Wanton Disregard; Street Racing. Whoever violates Section 333.01(d) or (e) or 333.02 or 333.07 is guilty of a misdemeanor of the first degree.
(ORC 4511.99; Ord. 210-94. Passed 12-6-94.)
(e) Immobilization Order. Whoever violates Section 333.10 is guilty of a misdemeanor of the second degree. (ORC 4503.99)
(f) Reckless Operation. Whoever violates Section 333.09 is guilty of a misdemeanor of the fourth degree.
(Ord. 990100. Passed 3-29-99.)
Section 4. That existing Section 333.99, PENALTY, of Chapter 333, DUI; Willful Misconduct; Speed, of the Codified Ordinances of the City of Gahanna, or any ordinances or parts of ordinances in conflict herewith, is hereby repealed.