Cleveland v. Oliver

Citations

• 240 N.E.3d 440
• 2024 Ohio 1477

Syllabus

Driving under the influence C.C.O. 433.01(a) administrative license suspension initial appearance R.C. 4511.191(D)(2) R.C. 4511.196(A). Trial court did not err in denying motion to dismiss underlying criminal charges when defendant's initial appearance was not held within five-day time frame specified in R.C. 4511.191(D)(2) and 4511.196(A). The purpose for requiring initial appearance to be held within five days was to provide defendant with the opportunity to appeal the administrative license suspension, and trial court granted defendant's motion to dismiss as it related to the administrative license suspension.