2013 Ohio 4578
Ohio Ct. App.2013Background
- On Oct. 20, 2012 Lori Turner was cited for speeding, OVI (R.C. 4511.19), and failure to yield; she refused BAC testing, signed BMV 2255, and her license was administratively suspended (ALS).
- Turner filed an ALS appeal and a motion to suppress on Nov. 26, 2012; the municipal court held a hearing and stamped/signed her ALS filing "motion denied" on Dec. 6, 2012.
- The criminal case proceeded: a jury acquitted Turner of OVI but convicted her of speeding and failure to yield; she was sentenced on Jan. 9, 2013.
- Turner filed a notice of appeal to the Court of Appeals on Feb. 8, 2013, seeking review of the trial court’s denial of her ALS appeal.
- The Ninth District dismissed the appeal for lack of jurisdiction because Turner’s appeal was filed 64 days after the trial court’s Dec. 6, 2012 ALS denial (exceeding the 30‑day appellate deadline).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Turner’s appeal of the ALS denial timely? | Turner (through dissent) argued App.R. 4(A)/Civ.R. 58(B) apply because ALS appeals are civil; time to appeal did not begin because no record of service of the judgment, so appeal is timely. | State argued the ALS denial was a final order on Dec. 6, 2012 and the 30‑day clock ran from that date; Turner filed after 30 days, so appeal untimely. | Majority: appeal untimely; dismissed for lack of jurisdiction. |
| Was an evidentiary hearing required on the ALS appeal? | Turner argued the trial court erred by denying the ALS appeal without an evidentiary hearing to prove the statutory suspension conditions. | State did not reach merits given timeliness. | Court did not address merit issue because dismissal for untimeliness; assignment of error not considered. |
Key Cases Cited
- State v. Williams, 76 Ohio St.3d 290 (1996) (ALS appeal determination is an order in a special proceeding and is final)
- State v. Gustafson, 76 Ohio St.3d 425 (1996) (driver’s license suspensions under implied consent statutes are civil and remedial)
- Hoban v. Rice, 25 Ohio St.2d 111 (1971) (ALS appeals are separate and independent from criminal prosecution)