State Reps. John Rogers (D-Mentor-on-the-Lake) and Bob Cupp (R-Allen County) today announced the Senate passage of House Bill 436, legislation to address an inconsistency in state law with regard to OVI license suspension and offender vehicle mobilization.
HB 436 previously passed unanimously in the Ohio House in March and in the Senate Transportation Commerce and Labor Committee last week.
“This bill is the product of consultation with some of my friends in the judicial branch, including Mentor Municipal Court Judge Trebets,” said Rogers. “They came to me explaining this issue, which I recognized to be an issue from my many years as a prosecutor.”
Under current law, a court may allow a second-time OVI (Operating a Vehicle Impaired) offender restricted driving privileges after 45 days of the imposition of a driver’s license suspension. However, a court may not release the offender’s vehicle from the immobilized order until the full 90 days have elapsed. This lack of conformity can result in individuals being able to drive lawfully, but without a vehicle to do it in.
“HB 436 will enable the existing law on this matter to work better and in a more practical way by making the time periods for suspension and immobilization work together. Moreover, it gives the judges handling the case needed discretion tailored to the particular circumstances,” said Cupp.
If the courts lift the immobilization order, and the offender later violates any condition imposed by the court, the bill authorizes re-imposition of the immobilization for the duration of any time remaining on the original immobilization period.
The bill now goes to the governor’s desk for approval. If signed, it will become effective 90 days later.