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State v. Dunn

Court of Appeals of Ohio, Fifth District

August 12, 2013

STATE OF OHIO Plaintiff-Appellee
v.
TERRANCE DUNN Defendant-Appellant

Appeal from the Canton Municipal Court, Case No. 2013TRC01766

For Plaintiff-Appellee KATIE ERCHICK

For Defendant-Appellant ADAM W. WILGUS

Hon. Sheila G. Farmer, P.J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

OPINION

Farmer, J.

(¶1} On March 29, 2013, appellant, Terrance Dunn, was charged with operating a motor vehicle under the influence in violation of R.C. 4511.19. Because appellant refused to take a breathalyzer test, he received a one year administrative license suspension. On April 2, 2013, appellant appealed the suspension.

(¶2} A jury trial commenced on May 29, 2013, and appellant was found not guilty. On June 10, 2013, appellant filed a motion to terminate his suspension and the reinstatement fee for failure to hold an evidentiary hearing on his appeal. By judgment entry filed June 11, 2013, the trial court denied the motion.

(¶3} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

I

(¶4} "THE TRIAL COURT ERRED WHEN IT DENIED DEFENDANT-APPELLANT'S MOTION TO TERMINATE THE ADMINISTRATIVE LICENSE SUSPENSION."

I

(¶5} Appellant claims the trial court erred in denying his motion to terminate his administrative license suspension as it failed to hold an evidentiary hearing on his appeal. We agree.

(¶6} R.C. 4511.197(A) provides for an appeal of an administrative license suspension. Subsection (C) sets forth a list of conditions for the imposition of an administrative license suspension. Subsection (D) states the following:

(D) A person who appeals a suspension under division (A) of this section has the burden of proving, by a preponderance of the evidence, that one or more of the conditions specified in division (C) of this section has not been met. If, during the appeal, the judge or magistrate of the court or the mayor of the mayor's court determines that all of those conditions have been met, the judge, magistrate, or mayor shall uphold the suspension, ...

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