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Dingey v. Registrar, Ohio Bureau of Motor Vehicles

Court of Appeals of Ohio, Fifth District, Muskingum

August 14, 2019

DEREK D. DINGEY Plaintiff-Appellant
v.
REGISTRAR, OHIO BUREAU OF MOTOR VEHICLES Defendant-Appellee

          Appeal from the Court of Common Pleas, Case No. CF2018-0347

         JUDGMENT: Affirmed

          For Plaintiff-Appellant KRISTOPHER K. HILL

          For Defendant-Appellee LIDIA C. MOWAD

          JUDGES: Hon. John W. Wise, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, Earle, J.

         {¶ 1} Plaintiff-Appellant, Derek D. Dingey, appeals the January 18, 2019 journal entry of the Court of Common Pleas of Muskingum County, Ohio, granting the motion to dismiss filed by Defendant-Appellee, Registrar, Ohio Bureau of Motor Vehicles.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On July 10, 2018, appellant, a commercial truck driver, was issued a traffic citation. Appellant did not take any action to resolve the citation. As a consequence of appellant's failure to appear or failure to comply with a court order, the BMV mailed a notice dated September 5, 2018, to appellant informing him that his driving and registration privileges were indefinitely suspended commencing on August 29, 2018.

         {¶ 3} On September 8, 2018, appellant was issued another traffic citation in the state of Wyoming. He was also cited for driving under a suspended license. On September 28, 2018, a Wyoming court convicted appellant of driving under a suspended license.

         {¶ 4} On October 12, 2018, the BMV mailed a notice to appellant informing him that he was disqualified from driving a commercial vehicle due to his driving a commercial vehicle while his license was suspended. The notice informed appellant that he would be disqualified thirty days from the notice's mailing date, and the disqualification would last for one year. The notice also informed appellant that he could request an adjudication hearing on the matter. Appellant did not request a hearing.

         {¶ 5} On November 14, 2018, the BMV issued a final order of disqualification from driving a commercial vehicle, from November 16, 2018 to November 16, 2019.

         {¶ 6} On November 27, 2018, appellant filed a notice of appeal with the trial court. On December 20, 2018, appellee filed a motion to dismiss the appeal for lack of subject matter jurisdiction because appellant had failed to exhaust his administrative remedies. By journal entry filed January 18, 2019, the trial court granted the motion and dismissed the appeal.

         {¶ 7} Appellant filed an appeal and this matter is now before this court for consideration. ...


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