(A) No person whose driver's license, commercial driver's license, temporary instruction permit, or nonresident's operating privilege has been suspended shall operate any motor vehicle upon a public road or highway or any public or private property after the suspension has expired unless the person has complied with all license reinstatement requirements imposed by the court, the bureau of motor vehicles, or another provision of the Revised Code.
(B) 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) of this section may be admitted into evidence as prima-facie evidence that the license of the person had not been reinstated by the person at the time of the alleged violation of division (A) of this section. The person charged with a violation of division (A) of this section may offer evidence to rebut this prima-facie evidence.
(C) Whoever violates this section is guilty of failure to reinstate a license and shall be punished as follows:
(1) Except as provided in division (C)(2) of this section, whoever violates division (A) of this section is guilty of 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 a violation of division (A) of this section, the offender previously has pleaded guilty to or been convicted of two or more violations of division (A) of this section or a substantially equivalent municipal ordinance, the offender is guilty of a misdemeanor of the first degree.
(3) In all cases, the court may impose upon the offender a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary driver's license, or nonresident operating privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code.
Notes of Decisions
Cited in 39
cases (11 in the last 5 years), 2007–2026 · leading case: State v. Taflinger, 2018-Ohio-456.
State v. Taflinger, 2018-Ohio-456. “16; failure to reinstate a license in violation of R.C. 4510.21; and driving while under the influence of alcohol or drugs in violation of R.”
State v. Bradley-Lewis, 2020-Ohio-3563, 155 N.E.3d 25. · cites it 4דThe offense for which Bradley was charged and convicted was a violation of R.C. 4510.21, Failure to Reinstate a License.”
State v. Hughes, 2020-Ohio-3382, 155 N.E.3d 281. · cites it 3ד{¶ 14} In short, we find that the words used in R.C. 4510.21 are "free from ambiguity and doubt, and express plainly, clearly and distinctly, the sense of the law-making body, 5 No.”
State v. Eason, 2016-Ohio-5516. “19(A)(1)(e), (3) failure to reinstate license, in violation of R.C. 4510.21, (4) driving under suspension, in violation of R.”
State v. McGlinch, 2019-Ohio-1380, 135 N.E.3d 406. “25(A)), failure to reinstate (R.C. 4510.21(A)), and OVI 1 The trial court’s judgment entry refers to McGlinch’s offense as an unclassified misdemeanor.”
State v. Bennett, 2011-Ohio-4527. · cites it 2ד12(A)/ Failure to reinstate a license in violation of R.C. 4510.21 and one count of having a defective exhaust system in violation of R.”
State v. Briskey, 2012-Ohio-5340. · cites it 3דOn March 21, 2012, appellant pled no contest to DUS (failure to reinstate) in violation of R.C. 4510.21, and the state dismissed the other two charges.”
State v. Lewis, 2019-Ohio-1946. · cites it 3ד{¶2} On May 26, 2017, Bradley was issued a traffic ticket, charging him with failure to reinstate2, an unclassified misdemeanor, in violation of R.C. 4510.21(A), and speeding, a minor misdemeanor, in violation of R.”
State v. Wood, 2024-Ohio-5597. “111; and one count of failure to reinstate a license in violation of R.C. 4510.21. The charge of driving under an OVI suspension was a misdemeanor of the first degree.”
State v. Benton, 2014-Ohio-2163. “Additionally, the trial court convicted her of making an improper turn, 3 OHIO FIRST DISTRICT COURT OF APPEALS under Cincinnati Municipal Code 506-80, and failing to reinstate her driver’s license under R.C. 4510.21. She now appeals, raising six assignments of error.”
State v. Jones, 2025-Ohio-3297. · cites it 2דDuring the course of trial, the State amended the charge of driving under suspension to a charge of failure to reinstate a suspended license in violation of R.C. 4510.21. Since the failure to maintain control was a minor misdemeanor and the failure to reinstate count was an…”
State v. Harrison, 2013-Ohio-1235. · cites it 3ד{¶ 22} Harrison was originally charged with failure to reinstate under R.C. 4510.21, and with having no operator’s license, a violation of Huber Heights General Offenses Code 335.”
State v. McGlinch, 2019-Ohio-1380, 135 N.E.3d 406. “25(A)), failure to reinstate (R.C. 4510.21(A)), and OVI 1 The trial court’s judgment entry refers to McGlinch’s offense as an unclassified misdemeanor.”
State v. Hughes, 2020-Ohio-3382, 155 N.E.3d 281. “{¶ 14} In short, we find that the words used in R.C. 4510.21 are "free from ambiguity and doubt, and express plainly, clearly and distinctly, the sense of the law-making body, 5 No.”
State v. Lewis, 2019-Ohio-1946. “{¶2} On May 26, 2017, Bradley was issued a traffic ticket, charging him with failure to reinstate2, an unclassified misdemeanor, in violation of R.C. 4510.21(A), and speeding, a minor misdemeanor, in violation of R.”
State v. Bradley-Lewis, 2020-Ohio-3563, 155 N.E.3d 25. “The offense for which Bradley was charged and convicted was a violation of R.C. 4510.21, Failure to Reinstate a License.”
State v. Harrison, 2013-Ohio-1235. “{¶ 22} Harrison was originally charged with failure to reinstate under R.C. 4510.21, and with having no operator’s license, a violation of Huber Heights General Offenses Code 335.”
Ohio Rev. Code § 4510.21(B): 1 case
State v. Bradley-Lewis, 2020-Ohio-3563, 155 N.E.3d 25. “The offense for which Bradley was charged and convicted was a violation of R.C. 4510.21, Failure to Reinstate a License.”
Ohio Rev. Code § 4510.21(C)(1): 1 case
State v. Briskey, 2012-Ohio-5340. “On March 21, 2012, appellant pled no contest to DUS (failure to reinstate) in violation of R.C. 4510.21, and the state dismissed the other two charges.”
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