Court of Appeals of Ohio, Fifth District, Muskingum
DEREK D. DINGEY Plaintiff-Appellant
REGISTRAR, OHIO BUREAU OF MOTOR VEHICLES Defendant-Appellee
from the Court of Common Pleas, Case No. CF2018-0347
Plaintiff-Appellant KRISTOPHER K. HILL
Defendant-Appellee LIDIA C. MOWAD
JUDGES: Hon. John W. Wise, P.J. Hon. Craig R. Baldwin, J.
Hon. Earle E. Wise, Jr., 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
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
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
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
7} Appellant filed an appeal and this matter is now before
this court for consideration. ...