647 N.E.2d 562 | Ohio Ct. App. | 1994
This appeal, submitted on the accelerated calendar, is being considered pursuant to App.R. 11.1(E) and Loc.R. 12. Pursuant to Loc.R. 12(5), we have elected to render decision by written opinion.
Appellant Dennis J. Williams was arrested for driving under the influence of alcohol on December 8, 1993. Pursuant to R.C.
On December 20, 1993, appellant appeared before the court with counsel and requested an appeal of the administrative license suspension. That appeal was denied by the trial court in a judgment entry dated December 20, 1993. The criminal case proceeded to trial by jury on May 20, 1994, and appellant was found not guilty of driving under the influence of alcohol. Appellant filed a notice of appeal on June 20, 1994, which appeal is taken from the trial court's December 20, 1993 denial of the appeal of appellant's administrative license suspension.
The administrative suspension of appellant's driver's license is a separate civil action which is unrelated to the criminal case charging appellant with driving under the influence of alcohol. Hoban v. Rice (1971),
We must first determine whether the denial of appellant's appeal of his administrative license suspension is a final, nonappealable order. For the following reasons, we hold that the administrative license suspension in this case is a special proceeding and, therefore, the denial of appellant's appeal concerning that suspension is a final, appealable order.
R.C.
A driver's license is a substantial right and a driver may not be deprived of his or her license without due process.Bell v. Burson (1971),
A special proceeding is a proceeding created by statute which constitutes an independent judicial inquiry. Polikoff v. Adam
(1993),
We hold that a trial court order denying an appeal of an administrative license suspension imposed by an arresting officer on behalf of the Registrar of the Bureau of Motor Vehicles is a final, appealable order. This case is distinguishable from Columbus v. Adams (1984),
Having found that the trial court's denial of appellant's appeal of the administrative license suspension was a final, appealable order, we find that the *782 appeal from such order must have been taken within thirty days of the trial court's judgment of December 20, 1993. App.R. 4(A). The notice of appeal filed on June 20, 1994, was clearly untimely. This court, therefore, has no jurisdiction to consider the issue raised by appellant on appeal, and this cause must be dismissed.
For the reasons stated, it is the order of this court that this cause be dismissed at the costs of appellant, for which judgment is rendered. The cause is remanded to the Napoleon Municipal Court for execution for costs.
Appeal dismissed.
SHAW, P.J., and EVANS, J., concur.