(A) No person, whose driver's or commercial driver's license or temporary instruction permit or nonresident's operating privilege has been suspended or canceled pursuant to Chapter 4509. of the Revised Code, shall operate any motor vehicle within this state, or knowingly permit any motor vehicle owned by the person to be operated by another person in the state, during the period of the suspension or cancellation, except as specifically authorized by Chapter 4509. of the Revised Code.
(B) No person shall operate any motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in this state if the person's driver's or commercial driver's license or temporary instruction permit or nonresident operating privilege has been suspended pursuant to section 4509.37 or 4509.40 of the Revised Code for nonpayment of a judgment.
(C) Upon the request or motion of the prosecuting authority, a noncertified copy of the law enforcement automated data system report or a noncertified copy of a record of the registrar of motor vehicles that shows the name, date of birth, and social security number of a person charged with a violation of division (A) or (B) of this section may be admitted into evidence as prima-facie evidence that the license of the person was under either a financial responsibility law suspension at the time of the alleged violation of division (A) of this section or a nonpayment of judgment suspension at the time of the alleged violation of division (B) of this section. The person charged with a violation of division (A) or (B) of this section may offer evidence to rebut this prima-facie evidence.
(D) Whoever violates division (A) of this section is guilty of driving under financial responsibility law suspension or cancellation and shall be punished as provided in divisions (D)(1) to (3) of this section. Whoever violates division (B) of this section is guilty of driving under a nonpayment of judgment suspension and shall be punished as provided in divisions (D)(1) to (3) of this section.
(1) Except as otherwise provided in division (D)(2) of this section, the offense is an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to sections 2929.21 to 2929.28 of the Revised Code, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to section 2929.26 of the Revised Code; notwithstanding division (A)(2)(a) of section 2929.28 of the Revised Code, the offender may be fined up to one thousand dollars; and, notwithstanding division (A)(3) of section 2929.27 of the Revised Code, the offender may be ordered pursuant to division (C) of that section to serve a term of community service of up to five hundred hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under division (A) of section 2705.02 of the Revised Code that may be filed in the underlying case.
(2) If, within three years of the offense, the offender previously was convicted of or pleaded guilty to two or more violations of this section, or any combination of two violations of this section or section 4510.11 or 4510.111 of the Revised Code, or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the fourth degree.
(3) The offender shall provide the court with proof of financial responsibility as defined in section 4509.01 of the Revised Code. If the offender fails to provide that proof of financial responsibility, then in addition to any other penalties provided by law, the court may order restitution pursuant to section 2929.28 of the Revised Code in an amount not exceeding five thousand dollars for any economic loss arising from an accident or collision that was the direct and proximate result of the offender's operation of the vehicle before, during, or after committing the offense for which the offender is sentenced under this section.
Last updated January 28, 2025 at 1:16 PM
Notes of Decisions
Cited in 82
cases (33 in the last 5 years), 2007–2026 · leading case: State v. Vineyard, 2014 Ohio 3846 (Ohio Ct. App. 2014).
State v. Vineyard, 2014 Ohio 3846 (Ohio Ct. App. 2014). · cites it 5דAn FRA suspension, in violation of R.C. 4510.16, is generally an unclassified misdemeanor, punishable by a fine up to $1,000 and up to 500 hours of community service.”
State v. Taflinger, 2018 Ohio 456 (Ohio Ct. App. 2018). · cites it 2ד11; driving under financial responsibility law suspension or cancellation in violation of R.C. 4510.16; driving under a nonpayment of judgment suspension in violation of R.”
United States v. Torbert, 207 F. Supp. 3d 808 (S.D. Ohio 2016). · cites it 17ד14 A citation was also issued to Defendant Torbert for driving under a non-compliance suspension, in violation of Ohio Rev. Code § 4510.16, as well as excessive window tints, in violation of Ohio Rev.”
State v. Moore, 2019 Ohio 3705 (Ohio Ct. App. 2019). · cites it 2ד(“DUS”), in violation of R.C. 4510.16(A) and (D)(1), an unclassified misdemeanor, (2) operating a vehicle under the influence (“OVI”) of a listed controlled substance or a listed metabolite, in violation of R.”
State v. Anderson, 2017 Ohio 8641 (Ohio Ct. App. 2017). · cites it 2ד24165, 2011-Ohio-2302, at ¶ 51-52 , the defendant challenged the weight of the evidence supporting his convictions for driving under suspension in violation of R.C. 4510.16 and 4510.11. He argued that he had not been operating his vehicle at the moment the police officer had…”
State v. Russo, 2020 Ohio 3236 (Ohio Ct. App. 2020). · cites it 2ד19(A) and (B) in the last ten years; and a second count of failure to maintain assured clear distance ahead, an unclassified misdemeanor in violation of R.C. 4510.16. This second count was amended to a minor misdemeanor prior to trial.”
State v. Wilson, 2022 Ohio 3202 (Ohio 2022). · cites it 2דBut because she was in the driver’s seat while the car was running and her license was suspended at the time due to a prior conviction for operating a vehicle while under the influence of alcohol or drugs (“OVI”), the officer cited her for driving under a suspended license.”
Dayton v. Ahmad, 2011 Ohio 2302 (Ohio Ct. App. 2011). · cites it 4דOn May 31, 2004, Ahmad was cited by City of Dayton Police Officer Michael Wolpert for multiple traffic violations, namely three violations of R.C. 4510.16, 2 driving under financial responsibility law suspension, misdemeanors of the first degree; six violations of R.”
State v. Thompson, 907 N.E.2d 329 (Ohio Ct. App. 2009). · cites it 3ד, appeals from the July 7, 2008 order and judgment entry of conviction of the Bellefontaine Municipal Court finding him guilty of the offense of driving under suspension in violation of R.C. 4510.16 and sentencing him to a term of 180 days in jail and a fine of $500.”
State v. R.S., 2022 Ohio 1108 (Ohio Ct. App. 2022). “’s conviction for driving under a suspended license, a violation of R.C. 4510.16, falls into that narrow class of offenses—a person is ineligible to seal the record of a conviction under R.”
State v. Briskey, 2012 Ohio 5340 (Ohio Ct. App. 2012). · cites it 7דOn March 21, 2012, appellant pled no contest to DUS (financial responsibility) in violation of R.C. 4510.16, and the state dismissed the other charge.”
State v. Howell, 2017 Ohio 7182 (Ohio Ct. App. 2017). · cites it 2ד{¶20} The trial court found Howell guilty of driving under an FRA suspension pursuant to R.C. 4510.16. During trial, Officer Beebe testified that he had used Howell’s passport to look up Howell’s driving status with the Bureau of Motor Vehicles, and that Howell had been under a…”
State v. Moore, 2019 Ohio 3705 (Ohio Ct. App. 2019). “(“DUS”), in violation of R.C. 4510.16(A) and (D)(1), an unclassified misdemeanor, (2) operating a vehicle under the influence (“OVI”) of a listed controlled substance or a listed metabolite, in violation of R.”
State v. Anderson, 2017 Ohio 8641 (Ohio Ct. App. 2017). “24165, 2011-Ohio-2302, at ¶ 51-52 , the defendant challenged the weight of the evidence supporting his convictions for driving under suspension in violation of R.C. 4510.16 and 4510.11. He argued that he had not been operating his vehicle at the moment the police officer had…”
State v. Thompson, 907 N.E.2d 329 (Ohio Ct. App. 2009). “, appeals from the July 7, 2008 order and judgment entry of conviction of the Bellefontaine Municipal Court finding him guilty of the offense of driving under suspension in violation of R.C. 4510.16 and sentencing him to a term of 180 days in jail and a fine of $500.”
Dayton v. Ahmad, 2011 Ohio 2302 (Ohio Ct. App. 2011). “On May 31, 2004, Ahmad was cited by City of Dayton Police Officer Michael Wolpert for multiple traffic violations, namely three violations of R.C. 4510.16, 2 driving under financial responsibility law suspension, misdemeanors of the first degree; six violations of R.”
State v. Wilson, 2022 Ohio 3202 (Ohio 2022). “But because she was in the driver’s seat while the car was running and her license was suspended at the time due to a prior conviction for operating a vehicle while under the influence of alcohol or drugs (“OVI”), the officer cited her for driving under a suspended license.”
State v. Howell, 2017 Ohio 7182 (Ohio Ct. App. 2017). “{¶20} The trial court found Howell guilty of driving under an FRA suspension pursuant to R.C. 4510.16. During trial, Officer Beebe testified that he had used Howell’s passport to look up Howell’s driving status with the Bureau of Motor Vehicles, and that Howell had been under a…”
United States v. Torbert, 207 F. Supp. 3d 808 (S.D. Ohio 2016). “14 A citation was also issued to Defendant Torbert for driving under a non-compliance suspension, in violation of Ohio Rev. Code § 4510.16, as well as excessive window tints, in violation of Ohio Rev.”
— Ohio Rev. Code § 4510.16(D)(1) — 5 cases
State v. Vineyard, 2014 Ohio 3846 (Ohio Ct. App. 2014). “An FRA suspension, in violation of R.C. 4510.16, is generally an unclassified misdemeanor, punishable by a fine up to $1,000 and up to 500 hours of community service.”
State v. Briskey, 2012 Ohio 5340 (Ohio Ct. App. 2012). “On March 21, 2012, appellant pled no contest to DUS (financial responsibility) in violation of R.C. 4510.16, and the state dismissed the other charge.”
United States v. Torbert, 207 F. Supp. 3d 808 (S.D. Ohio 2016). “14 A citation was also issued to Defendant Torbert for driving under a non-compliance suspension, in violation of Ohio Rev. Code § 4510.16, as well as excessive window tints, in violation of Ohio Rev.”
State v. Vineyard, 2014 Ohio 3846 (Ohio Ct. App. 2014). “An FRA suspension, in violation of R.C. 4510.16, is generally an unclassified misdemeanor, punishable by a fine up to $1,000 and up to 500 hours of community service.”
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