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OPINION {¶ 1} This matter is before the Court on the Notice of Appeal of Henry W. Hembree, filed August 12, 2005. On November 17, 2004, Hembree pled guilty, pursuant to R.C.4511.194 , to having physical control of a motor vehicle while under the influence. At the time of his arrest, Hembree refused to submit to a breath test, and he accordingly received an administrative licence suspension (A.L.S.) pursuant to R.C.4511.191 (D)(1). On June 29, 2005, Hembree filed a Motion to Terminate A.L.S. Suspension, and the court overruled his Motion on July 11, 2005. Hembree asserts one assignment of error as follows:{¶ 2} "THE JUDGE'S DECISION OVERRULING DEFENDANT-APPELLANT'S MOTION TO TERMINATE THE ADMINISTRATIVE LICENSE SUSPENSION SHOULD BE REVERSED."
{¶ 3} R.C.
4511.191 provides that the registrar of motor vehicles shall terminate an A.L.S. upon receipt of notice that a defendant pled guilty to, or was convicted after a plea of no contest to, operating a motor vehicle in violation of R.C.4511.19 or in violation of a municipal OVI ordinance. The statute does not authorize the termination of an A.L.S. upon a guilty plea or conviction for a violation of R.C.4511.194 . "As a matter of law, the implied consent suspension will not be terminated by a plea of guilty or no contest to anything other than an OMVI charge." Norris v. Brown,77 Ohio App. 3d 813 ,816 ,603 N.E.2d 1099 . See also, State v. Lamb (Nov. 21, 1997), Lucas App. No. L-97-1236 (citing Norris). We agree with the trial court that if lawmakers "wanted the Administrative License Suspension terminated for a plea to 4511.194, the statute would be written that way." Hembree's assignment of error is overruled. Judgment affirmed.Brogan, J. and Fain, J., concur.
Document Info
Docket Number: C.A. No. 2005 CA 91.
Citation Numbers: 2006 Ohio 3747
Judges: DONOVAN, J.
Filed Date: 7/21/2006
Precedential Status: Non-Precedential
Modified Date: 4/18/2021