State v. Schuster

Citations

• 2023 Ohio 3038

Syllabus

TRAF.R. 10(B) – TRAF.R. 10(D) – NO-CONTEST PLEA – R.C. 2937.07 – EXPLANATION OF CIRCUMSTANCES: The trial court's failure to inform defendant that his no-contest pleas were admissions to the facts alleged in the complaint, not admissions of guilt, and cannot be used against defendant in subsequent civil or criminal proceedings as identified in Traf.R. 10(B), constituted a complete failure to comply with the requirements of Traf.R. 10(D), and his no-contest pleas must be reversed. The state's explanation of circumstances following defendant's no-contest plea failed to establish that defendant had an OVI conviction in the 20 years prior to his refusal of a chemical test, thus omitting an essential element of the crime of refusing a chemical test in violation of R.C. 4511.19(A)(2).