State v. Wilson

Citations

• 154 N.E.3d 208
• 2020 Ohio 1584

Syllabus

AUTOS/CRIMINAL — DRIVING UNDER OVI SUSPENSION —EVIDENCE — STATUTORY INTERPRETATION — OPERATE: Where defendant was found sleeping in the driver's seat of a parked car with the engine running while several others were also asleep in the car, defendant's conviction for operating a motor vehicle under an OVI suspension in violation of R.C. 4510.14(A) was not supported by sufficient evidence that she operated a motor vehicle where the term \operate\ for purposes of R.C. 4510.14(A) necessitates evidence that defendant caused or had caused movement of the vehicle and the state provided no evidence that defendant moved the vehicle, and conceded defendant did not actually move the vehicle. [But see DISSENT: Defendant's conviction for operating a motor vehicle under an OVI suspension in violation of R.C. 4510.14(A) was supported by sufficient evidence that she operated a motor vehicle where the term \operate\ does not require proof that defendant ever had the vehicle in motion and the legislative history shows the legislature limited the application of R.C. 4511.01(HHH) and declined to apply R.C. 4511.01(HHH)'s definition of \operate\ to R.C. 4510.14(A).]