Columbus v. DeWitt

Citations

• 2025 Ohio 1067

Syllabus

On appeal of dismissal of operating a vehicle impaired (\OVI\), operating without license, driving with suspended license, failure to control, and refusing a chemical alcohol test while having a prior OVI conviction within the preceding 20 years, the City of Columbus asserts that the trial court committed plain error by dismissing the charges based on a violation of the defendant's right to a speedy trial. Review of the record demonstrates that dismissal pursuant to R.C. 2941.401 is improper because that statute's 180-day clock had not expired on the date of the dismissal, and dismissal based on R.C. 2945.71 is improper because the speedy trial clock was tolled between June 13, 2023 and September 19, 2023, and between October 19, 2023 and November 6, 2023 pursuant to R.C. 2945.72(H). The City of Columbus' sole assignment of error is sustained, and the judgment dismissing the case is reversed and remanded for further proceedings.