Toledo v. Ferguson
2017 Ohio 1394
| Ohio Ct. App. | 2017Background
- On May 7, 2016 Joseph P. Ferguson was stopped, arrested, and charged with operating a vehicle while impaired; officer reported odor of alcohol, bloodshot/glassy eyes, and HGN signs.
- Officer completed a notarized BMV sworn report but did not file it with the trial court within 48 hours; the report was filed six days later on May 13, 2016 (initial appearance was that day).
- Ferguson received occupational driving privileges at initial appearance and filed an ALS (administrative license suspension) appeal on May 17, 2016 challenging the ALS on all grounds including noncompliance with R.C. 4511.192(E).
- Trial court denied the ALS appeal on May 26, 2016; Ferguson appealed to the Sixth District Court of Appeals.
- The Sixth District reviewed whether there was competent, credible evidence to support continuation of the ALS and whether the BMV/officer complied with statutory notice and filing mandates in R.C. 4511.192.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer/ BMV complied with R.C. 4511.192 (timely filing/notice) and consequence for noncompliance | Ferguson: officer failed to timely file/send sworn report to court (not within 48 hours / not earliest possible date), depriving meaningful initial-appearance review; ALS should be vacated | State: ALS appeals are limited to the four factors in R.C. 4511.197(C); noncompliance with R.C. 4511.192 does not automatically require vacatur | Held: Court found officer/ BMV did not comply with R.C. 4511.192 (report filed six days after arrest), so ALS vacated for failure to provide required notice and opportunity to appeal at initial appearance. |
| Whether BMV met its prima facie burden to show statutory compliance (agency error absolves licensee of proving 4511.197(C) elements) | Ferguson: BMV conceded noncompliance; where BMV/officer fails to present prima facie proof of compliance, licensee need not disprove the 4511.197(C) elements and ALS must be terminated | State: relied on statutory scope of ALS appeals (R.C. 4511.197(C)) to uphold suspension | Held: Court concluded BMV failed to present prima facie proof and even conceded noncompliance; licensee relieved of burden and ALS must be terminated. |
Key Cases Cited
- Meadows v. Ohio BMV, 71 Ohio Misc.2d 3, 653 N.E.2d 757 (M.C. 1995) (failure to timely file/notify court frustrates statutory review period and can require dismissal/vacatur of ALS)
- Henry v. State, 66 Ohio Misc.2d 57, 642 N.E.2d 1174 (M.C. 1994) (officer acts as agent of BMV; BMV/officer errors can justify termination of ALS)